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TREATY of COMMERCE and NAVIGATION between HER
MAJESTY and the KING of the BELGIANS.
(Signed at London, October 27, 1851.-Ratifications exchanged at London,
April 7, 1852.)

HER Majesty the Queen of the
United Kingdom of Great Britain
and Ireland, and His Majesty the
King of the Belgians, being equally
animated by the desire to facilitate
and extend the relations of com-
merce and navigation between their
respective dominions; and being
desirous, with a view to so bene
ficial an object, to remove, as far
as may be possible at the present
moment, the obstacles which im-
pede the commercial relations be-
tween the two countries, have re-
solved to conclude a Treaty for
that purpose, and have named as
their Plenipotentiaries, that is to

say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Henry John Viscount Palmerston, &c., Her Britannic Majesty's Principal Secretary of State for Foreign Affairs; and the Right Honourable Henry Labouchere, &c., President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations;

And His Majesty the King of the Belgians, the Sieur Sylvain Van de Weyer, his Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty, &c.;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles:

Art. I. There shall be reciprocal liberty of commerce between all the dominions of the two high contracting parties; and the subjects of each of them shall, through

out the whole extent of the territories of the other, enjoy the same rights, privileges, liberties, favours, immunities, and exemptions, in matters of commerce, which are or may be enjoyed by native subjects.

Art. II. In regard to the duties depending on the nationality of vessels, it is agreed, that goods of every kind, without distinction as to origin, imported into Belgium directly from the United Kingdom of Great Britain and Ireland, its colonies and possessions, under the British flag, shall enjoy the same exemptions, repayments, bounties, or other favours, as if imported under the Belgian flag, and shall not pay respectively any other duties, nor be subject to any other formalities, than if imported under the Belgian flag; except in the case which is provided for in Art. V. hereinafter.

Art. III. In regard to the duties depending upon the place from whence vessels have come, it is agreed that goods of every kind, without distinction as to origin, imported into Belgium directly from the United Kingdom of Great Britain and Ireland, its colonies and possessions, under the British flag, shall be admitted at the same rate of duty as if imported under the Belgian flag from the place or in the manner most privileged under the General Tariff of Belgium; except in regard to the goods and in the cases specified in Art. V. hereinafter.

It is understood that the goods to which the present and the preceding Article apply must have

been actually laden in the ports of the United Kingdom of Great Britain and Ireland, or of its colonies and possessions.

Art. IV. Goods of every kind, without distinction as to origin, imported into Belgium from elsewhere than the United Kingdom of Great Britain and Ireland, its colonies and possessions, under the British flag, shall enjoy the same exemptions, bounties, or other favours, as if imported under the Belgian flag, and shall not be subject to any other formalities, nor pay any other duties, than if imported under the Belgian flag; except in regard to the goods and in the cases specified in Art. V. hereinafter.

Art. V. The stipulations of the three preceding Articles shall not be applicable to the goods and in the cases hereinafter specified, that is to say:

1. So far as relates to the stipulations of Arts. III. and IV.

In regard to furniture-woods and dye-woods, rice, sugar, coffee, tobacco, cotton, only when the importation shall take place under the Belgian flag directly from a transatlantic country.

And as regards fruits, olive oil, raw sulphur, only when the importation shall take place under the Belgian flag directly from the place of production.

2. So far as relates to the stipulations of Arts. II., III., and IV. In regard to salt.

But with regard to salt, His Majesty the King of the Belgians

engages,

1st. To reduce immediately by two-thirds the duty actually levied on raw salt imported from the United Kingdom of Great Britain and Ireland, under the British flag.

VOL. XCIV.

2nd. To assimilate spring salt imported from the United Kingdom of Great Britain and Ireland into Belgium to raw salt, as regards duty of customs, duty of excise, exemption from excise in case it is destined for manufactories, and warehousing. In order to enjoy this advantage, spring salt must be accompanied by a certificate delivered by a Belgian Consular Agent, proving its origin from an English mineral spring.

3rd. To take off the prohibition which applies to the transit through the Belgian territory of salt imported under the British or the Belgian flag.

Art. VI. Goods imported from a transatlantic country, under the British flag, shall pay the same duties, whether they shall have been laden in a transatlantic warehousing port, or in the transatlantic country of production.

Art. VII. The repayments, by Belgium, of the duty levied by the Government of the Netherlands on the navigation of the Scheldt, under the 3rd paragraph of Art. IX. of the Treaty of the 19th April, 1839, is guaranteed to British vessels.

Art. VIII. Goods of every kind, the importation of which into the ports of the United Kingdom of Great Britain and Ireland, its colonies and possessions, is or shall be legally permitted in British vessels, may likewise be imported in Belgian vessels, without being subject to any other or higher duties, of whatever denomination, than if such goods were imported in national vessels.

Art. IX. In all that regards exportations, without distinction as to place from whence arriving or as to destination, and in all that regards the bounties, facilities, and

G G

drawbacks, which the legislation of the two countries has established, or may hereafter establish, the two high contracting parties reciprocally insure to each other national

treatment.

Art. X. Articles of every kind arriving from Great Britain, or forwarded to that country, and crossing Belgium by the railroads of the State, shall be exempt from all transit duty; and the prohibition which in Belgium still applies to the transit of some of those articles is removed.

The only exceptions to this general rule are in regard to gunpowder and iron; and in regard to the transmission to France of linen threads and tissues, and of coal.

It is understood that the senders will have to conform, generally, and without distinction of nationality, to the regulations which are or may be prescribed by the Belgian Administration for the prevention of fraud upon the excise.

Belgian commerce shall enjoy in the United Kingdom of Great Britain and Ireland, with regard to transit, the treatment of the most favoured nation.

Art. XI. It is expressly understood, that the preceding Articles are not applicable to the coasting trade, which each contracting party reserves to itself, and will regulate according to its own laws.

Neither are they applicable to the exemptions from duty, nor to the bounties which may be granted in the dominions of the high contracting parties to national fishery, carried on according to the regulations of each country. With this exception, the two flags shall be assimilated in regard to the importation of fish of all kinds.

Art. XII. No duties of tonnage,

harbour, lighthouse, pilotage, quarantine, or other similar or corresponding duties, of whatever nature or under whatever denomination, levied for the profit or in the name of the Government, public functionaries, communes, corporations, or establishments of whatever kind, shall be imposed in the ports of either country, upon the vessels of the other country, from whatever port or place arriving, which shall not be equally imposed in the like cases on national vessels.

Art. XIII. All vessels which according to the laws of Great Britain are to be deemed British vessels, and all vessels which according to the laws of Belgium are to be deemed Belgian vessels, shall, for the purposes of this Treaty, be deemed British vessels and Belgian vessels respectively.

Art. XIV. In all that regards the stationing, the loading, and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the two countries, no privilege shall be granted to national vessels, which shall not be equally granted to vessels of the other country; the intention of the contracting parties being, that in this respect also, the respective vessels shall be treated on the footing of perfect reciprocity.

Art. XV. The vessels of each of the two countries shall be at liberty either to discharge the whole of their cargo at one of the ports of the dominions of the other contracting party, or to discharge part of their cargo at one port, and then to proceed with the remainder to other ports of the said dominions, according as the captain, proprietor, or other person duly authorized to act in the port as agent for the vessel and cargo, shall consider advisable.

Art. XVI. If any vessel of war or merchant vessel of either of the two countries should be wrecked upon the coasts of the other, such vessel, or any parts thereof, and all furniture and appurtenances belonging thereunto, as well as goods and merchandize which shall be saved therefrom, or the proceeds thereof, if sold, shall be faithfully restored to the proprietors or to their agents, on being claimed by them. In case there should be no such proprietors or agents upon the spot, the said articles and goods, or the proceeds thereof, as well as all the papers found on board of any such vessel, shall be delivered to the British or Belgian consul in whose district the wreck shall have taken place; and such consul, proprietors, or agents, shall not be called upon to pay any charge but the expenses incurred in the preservation of the property, and the rate of salvage which would be equally payable in the like case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall not be subject to the established duties, unless cleared for consumption.

Art. XVII. Each of the high contracting parties shall have the right to name consuls for the protection of trade in the dominions and territories of the other party; and the consuls who may be so appointed shall enjoy, within the territories of each party, all the privileges, exemptions, and immunities which are or may be granted in those territories to agents of the same rank and character appointed by or authorized to act for the Government of the most favoured nation.

Before any consul can act as such, he must, however, in the

usual form, be approved and admitted by the Government of the country to which he is sent; and each of the two high contracting parties shall have the right to except from the residence of consuls any particular places which either of them may judge to be excepted.

Art. XVIII. The subjects of either of the two high contracting parties residing in the dominions of the other, shall have the same liberty as natives to manage their own affairs themselves, or to commit them to the management of any other persons, as brokers, factors, agents, or interpreters; they shall not be restrained in their choice, and shall not be obliged to pay any salary or remuneration to any person whom they shall not choose to employ in those capacities: buyers and sellers being at perfect liberty to bargain together, and to fix the price of any goods or merchandize imported or destined for exportation, on condition of observing the regulations and the customs' laws of the country.

Art. XIX. The present Treaty shall be in force for seven years from the 1st day of January, 1852; and further, until the end of twelve months after either of the two contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of the said term of seven years, or at any subsequent time.

Art. XX. The present Treaty shall be ratified, and the ratifications shall be exchanged at London before the 1st day of January, 1852.

In witness whereof, the respec

tive Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at London, the twentyseventh day of October, in the year of our Lord one thousand eight hundred and fifty-one. (L.S.) PALMERSTON. (L.S.) HENRY LABOUCHERE. (L.S.) SYLVAIN Van de Weyer.

Additional Article.

The Ionian Islands being under the protection of Her Britannic Majesty, the subjects and vessels of those islands shall enjoy, in the dominions of His Majesty the King of the Belgians, all the advantages which are granted to the subjects and vessels of Great Britain by the Treaty of Commerce and Navigation signed this day, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the King of the Belgians, as soon as the Government of the Ionian Islands shall have agreed to grant to the subjects and vessels of His Majesty the King of the Belgians the same advantages which are granted in those islands to the subjects and vessels of Her Britannic Majesty: it being understood, that in order to prevent abuses, every Ionian vessel claiming the benefits of that Treaty shall be furnished with a patent signed by the Lord High Commissioner of Her Britannic Majesty, or by his representative.

The present Additional Article shall have the same force and effect as if it had been inserted, word for word, in the Treaty of Commerce and Navigation signed this day. It shall be ratified, and the ratifications shall be exchanged at the same time as the ratifications of the Treaty.

tive Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at London, the twentyseventh day of October, in the year of our Lord one thousand eight hundred and fifty-one. (L.S.) PALMERSTON.

(L.S.) HENRY LABOUCHERE. (L.S.) SYLVAIN Van de Weyer.

Declaration made on the ex

change of the Ratifications of the preceding Treaty.

Declaration. In proceeding to the exchange of the ratifications of the Treaty of Commerce and Navigation between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Belgians, which was signed at London on the 27th October, 1851, the undersigned Plenipotentiaries of Her Britannic Majesty and of His Majesty the King of the Belgians have received the commands of their respective Sovereigns to declare as follows, with regard to the stipulations respecting salt, which are contained in Art. V. of the said Treaty :

1. British spring salt shall be considered as raw salt, on importation into Belgium, only in those cases in which the legislation of Belgium permits the granting of exemption from excise. Those cases, in the present state of things,

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2. If French salt refined in In witness whereof, the respec- Belgium should, after the 10th of

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