authorized, if he deems it consistent with the interests of the United States, to issue a further proclamation directing that such products of said country as he shall deem the public interests may require shall be excluded from importation into the United States.

(d) That any proclamation issued by the President under the authority of this section shall, if he deems it consistent with the interests of the United States, extend to the whole of any foreign country or may be confined to any subdivision or subdivisions thereof; and the President shall, whenever he deems the public interests require, suspend, revoke, supplement, or amend any such proclamation.

(e) The President shall find as a fact the burdens placed on the commerce of the United States by the discriminations aforesaid, and when issuing any such proclamation shall declare therein the new or additional customs duties determined by him as aforesaid to be equivalent to such burdens, not to exceed 50 per cent ad valorem or its equivalent, and shall specify the date upon which such proclamation and any new or additional customs duties declared therein shall take effect, and from and after such date there shall be levied, collected, and paid on the products enumerated in such proclamation when imported into the United States such new or additional customs duties; or in case of products declared subject to exclusion from importation into the United States under the provisions of subsection (c) hereof, such products shall be excluded from importation.

(f) That whenever the President shall find as a fact that any foreign country enforces upon the exportation of any product any export duty, restriction, or prohibition, or grants any bounty, on production or exportation, any rebate of duties or any preferential allowance upon exports which unduly or unfairly discriminates against the United States, any products thereof, or consumers therein, he shall by proclamation specify and declare new or additional duties as provided in subsections (b), (d), and (e) upon importation from any foreign country into the United States of the products of any industry which

receives any benefit from any such discriminatory provisions aforesaid; and said new or additional duties shall be levied, collected, and paid as provided in such proclamation.

(g) All articles of merchandise imported contrary to the provisions of this section shall be forfeited to the United States and shall be liable to be seized, prosecuted, and condemned in like manner and under the same regulations, restrictions, and provisions as may from time to time be established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws. Whenever the provisions of this act shall be applicable to importations into the United States of the products of any foreign country, they shall be applicable thereto whether such products are imported directly or indirectly.

(h) It shall be the duty of the United States Tariff Commission to ascertain and at all times to be informed whether any of the discriminations against the commerce of the United States enumerated in subsections (b), (c), and (f) of this section are practiced by any country; and if and when such discriminatory acts are disclosed it shall be the duty of the commission to bring the matter to the attention of the President, together with recommendations.

(i) The Secretary of the Treasury with the approval of the President shall make such rules and regulations as are necessary for the execution of such proclamations as the President may issue in accordance with the provisions of this act. (j) That when used in this section the term "foreign country" shall mean any empire, country, dominion, colony, or protectorate, or any subdivision or subdivisions thereof (other than the United States and its possessions), within which separate tariff rates or separate regulations of commerce are enforced.

APPENDIX 3

LIST OF COMMERCIAL AGREEMENTS IN FORCE BETWEEN THE UNITED STATES AND OTHER COUNTRIES ON

MARCH 1, 1924

In preparing the following list of arrangements with other countries the word "commercial" is strictly construed and limited to those instruments which have as their chief purpose the facilitation of international trade and the regulation of commercial and general intercourse.

This list does not include arrangements relating primarily to the Panama Canal, to patents, to trade-marks, to copyrights, to property rights or to fisheries; nor does it include arrangements which have grown out of and which relate to the settlement of the World War. The Treaties Restoring Friendly Relations with Germany (signed August 25, 1921; proclaimed November 14, 1921) and Establishing Friendly Relations with Austria (signed August 24, 1921; proclaimed November 17, 1921) and with Hungary (signed August 29, 1921; proclaimed December 20, 1921), by incorporating portions of the Treaties of Versailles, Saint-Germain-en-Laye and Trianon, reserve for the United States important rights of a commercial nature; but they could hardly be called commercial treaties.

The arrangements here listed are all bi-lateral. The convention concerning Samoa, signed December 2, 1899, included as parties the United States, Great Britain and Germany. The German rights and privileges under it were, however, terminated by the Treaty of Versailles. (Article 288).

The texts of all the instruments in the following list which were in force prior to January 1, 1923, are published in the volumes entitled Treaties, Conventions, International Acts, Protocols and Agreements between the United States of America and Other Powers (Three volumes; the first two, [554

344

compiled by Wm. M. Malloy, Senate Documents No. 357, 61st Congress, 2d Session; the third, Senate Document No. 348, 67th Congress, 4th Session). The texts of all agreements with other countries are published currently by the Department of State as separate pamphlets in the Treaty Series.

Reference is made to the Statutes at Large of the United States (Stat.) whenever the text of one of the instruments has been there included. The date of signature (S.) is given in every case. The dates when ratifications were exchanged (R. E.) and when proclamation was made by the President of the United States (P.) are also stated except in those cases, few in number, where these formalities were not observed.

Those instruments which contain most-favored-nation clauses affecting customs tariffs are marked with an asterisk (*) and the numbers of the articles (except in case of exchanges of notes, not divided into articles) containing such clauses are stated in parenthesis. Certain articles in some of the instruments here listed were abrogated under the La Follette Seaman's Act, referred to as the Act of March 4, 1915 (38 Stat. 1164). Argentina. Treaty for the Free Navigation of the Rivers Parana and Uruguay. S., July 10, 1853. R. E., December 20, 1854. P., April 9, 1855. 10 Stat. 1001.

* Argentina. Treaty of Friendship, Commerce and Navigation. S., July 27, 1853. R. E., December 20, 1854. P., April 9, 1855. 10 Stat. 1005. (Articles III and IV.)

* Belgium. Treaty of Commerce and Navigation. S., March 8, 1875. R. E., June 11, 1875. P., June 29, 1875. 19 Stat. 628. (Article XII).

* Bolivia. Treaty of Peace, Friendship, Commerce and Navigation. S., May 13, 1858. R. E., November 9, 1862. P., January 8, 1863. Article XXXIV abrogated under the Act of March 4, 1915. 12 Stat. 1003. (Articles II and VI). * Borneo. Convention of Amity, Commerce and Navigation. S., June 23, 1850. R. E., July 11, 1853. P., July 12, 1854. 10 Stat. 909. (Article II).

* Brazil. Agreement Effected by Exchange of Notes, According Mutual Unconditional Most-favored-nation Treatment in Customs Matters. S., October 18, 1923.

China. Treaty of Peace, Amity and Commerce. S., July 3, 1844. R. E., December 31, 1845. P., April 18, 1846. In force except as modified by subsequent treaties. 8 Stat. 592.

China. Treaty of Peace, Amity and Commerce. S., June 18, 1858. R. E., August 16, 1859. P., January 26, 1860. In force except as modified by subsequent treaties. Second sentence of Article XVIII abrogated under the Act of March 4, 1915. 12 Stat. 1023.

China. Additional Articles to the Treaty between the United States and China, of June 18, 1858. S., July 28, 1868. R. E., November 23, 1869. P., February 5, 1870. In force except as modified by subsequent treaties. 16 Stat. 739.

China. Treaty as to Commercial Intercourse and Judicial Procedure. S., November 17, 1880. R. E., July 19, 1881. P., October 5, 1881. In force except as modified by subsequent treaties. 22 Stat. 828.

* China. Treaty on Commercial Relations. S., October 8, 1903. R. E., January 13, 1904. P., January 13, 1904. 33 Stat. 2208. (Article V).

China. Treaty Confirming Application of a five per centum ad valorem Rate of Duty to Importations of Goods into China by Citizens of the United States. S., October 20, 1920. R. E., November 5, 1921. P., November 7, 1921. 42 Stat. 1955

* Colombia. (New Grenada). Treaty of Peace, Amity, Navigation and Commerce. S., December 12, 1846. R. E., June 10, 1848. P., June 12, 1848. Article XXXIII conflicts with the Act of March 4, 1915. 9 Stat. 881. (Articles II and V).

* Costa Rica. Treaty of Friendship, Commerce and Navigation. S., July 10, 1851. R. E., May 26, 1852. P., May 26, 1852. 10 Stat. 916. (Articles III and IV).

Cuba. Commercial Convention. S., December 11, 1902. R. E., March 31, 1903. P., December 17, 1903. 33 Stat. 2136. * Czechoslovakia. Agreement Effected by Exchange of Notes, According Mutual Unconditional Most-favored-nation Treatment in Customs Matters. S., October 29, 1923. Effective November 5, 1923.