COLOMBIA,

No. 41.

TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN GREAT BRITAIN AND COLOMBIA.

Signed at London, February 16, 1866.*

[Ratifications exchanged at London, October 17, 1866.]

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of Colombia, being desirous to maintain and improve the relations of good understanding which happily subsist between them, and to promote the commercial intercourse between their respective subjects and citizens, have deemed it expedient to conclude a Treaty of Friendship, Commerce, and Navigation, and have for that purpose named as their, respective Plenipotentiaries, that is to

say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick, Earl of Clarendon, Baron Hyde of Hindon, a Peer of the United Kingdom, a Member of Her Britannic Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, Knight Grand Cross of the Most Honourable Order of the Bath, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs; and the Right Honourable Thomas Milner Gibson, a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parliament, President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations;

And the Citizen President of the United States of Colombia, Thomas Cipriano de Mosquera, Grand General of the Union, General-in-Chief in the Colombian Guard, a Senator, a Member of the Order of the Liberators of Cundinamarca, of those of the South of Colombia, of those of Peru, decorated with the Medal of Tescua, with that of Barbacoas, and with the Cross of Cuaspud, Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty;

Who, after having communicated to each other their

*Signed also in Spanish.

respective full powers, found in good and due form, have agreed upon and concluded the following Articles :

ARTICLE I.

Peace and Friendship.

There shall be a perfect, firm, and inviolable peace and sincere friendship between Her Britannic Majesty and the United States of Colombia, throughout the whole extent of their possessions and territories, and between their subjects and citizens, respectively, without distinction of person or place.

ARTICLE II.

Commerce and Navigation.— Most-favoured-nation and National

Treatment.

There shall be between all the dominions and possessions of the two High Contracting Parties, reciprocal freedom of commerce and navigation. The subjects and citizens of each of the two Contracting Parties, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all places, ports, and rivers in the dominions and possessions of the other, to which other foreign subjects or citizens are or may be permitted to come, upon the same terms and under the same conditions as those of the most favoured nations; and shall, through the whole extent of the dominions and possession of the other, enjoy the same rights, privileges, liberties, favours, immunities and exemptions, in matters of commerce and navigation, which are or may be enjoyed by native subjects or citizens generally.

ARTICLE III.

Imports: Duties and Prohibitions.-Most-favoured-nation

Treatment,

No other or higher duties shall be imposed on the importation into the dominions and possessions of Her Britannic Majesty, of any article the produce or manufacture of the dominions and possessions of the United States of Colombia, from whatever place arriving, and no other or higher duties shall be imposed on the importation into the dominions and possessions of the United States of Colombia, of any article the produce or manufacture of Her Britannic Majesty's dominions and possessions, from whatever place arriving, than are or may be payable on the like article, the produce or manufacture of any other foreign country; nor shall any prohibition be maintained or imposed on the importation of any article the produce or manufacture of the dominions and possessions of either of

the Contracting Parties into the dominions and possessions of the other, which shall not equally extend to the importation of the like articles being the produce or manufacture of any other country.

ARTICLE IV.

Exports: Duties and Prohibitions.-Most-favoured-nation

Treatment.

No other or higher duties or charges shall be imposed in the dominions and possessions of either of the Contracting Parties, on the exportation of any article to the dominions and possessions of the other, than such as are, or may be payable on the exportation of the like article to any other foreign country; nor shall any prohibition be imposed on the exportation of any article from the dominions and possessions of either of the two Contracting Parties to the dominions and possessions of the other, which shall not equally extend to the exportation of the like article to any other country.

ARTICLE V.

Transit Trade, Warehousing, Bounties, Drawbacks, &c.-National Treatment.

The subjects or citizens of one of the Contracting Parties shall enjoy, in the dominions and possessions of the other, equality of treatment with native subjects or citizens in all that relates to the transit trade; and also in regard to warehousing, bounties, facilities, and drawbacks.

ARTICLE VI.

Imports in Vessels of either Country.-National Treatment.

All articles which are or may be legally importable into the ports of the dominions and possessions of Her Britannic Majesty in British vessels, may likewise be imported into those ports in Colombian vessels, without being liable to any other or higher duties or charges, of whatever denomination, than if such articles were imported in British vessels; and reciprocally, all articles which are or may be legally importable into the ports of the dominions and possessions of the United States of Colombia in Colombian vessels, may likewise be imported into those ports in British vessels, without being liable to any other or higher duties or charges, of whatever denomination, than if such articles were imported in Colombian vessels. Such reciprocal equality of treatment shall take effect without

distinction, whether such articles come directly from the place of origin, or from any other place.

Exports in Vessels of either Country.-Bounties and Drawbacks.National Treatment.

In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid, and the same bounties and drawbacks allowed, in the dominions and possessions of either of the Contracting Parties, on the exportation of any article which is or may be legally exportable therefrom, whether such exportation shall take place in British or in Colombian vessels, and whatever may be the place of destination, whether a port of either of the Contracting Parties or of any third Power.

ARTICLE VII.

Tonnage, Harbour, Pilotage, Lighthouse, Quarantine, &c., Dues.— National Treatment.

No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other similar or corresponding duties, of whatever nature, or under whatever denomination, levied in the name or for the profit of Government, public functionaries, private individuals, corporations, or establishments of any kind, shall be imposed in the ports of the dominions and possessions of either country upon the vessels of the other country, which shall not equally and under the same conditions be imposed, in the like cases, on national vessels in general. Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive, and whatever may be their place of destination.

ARTICLE VIII.

Stationing, Loading, and Unloading of Vessels.-National
Treatment.

In all that regards the stationing, loading and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and possessions 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 equality.

ARTICLE IX.

Coasting Trade excepted.

The stipulations of the preceding Articles shall not apply to the coasting trade, which remains subject to the particular legislation of each of the High Contracting Parties.

Port to Port Trade.--National Treatment.

The vessels of each of the two Contracting Parties shall, however, be at liberty, if the captain, proprietor, or other person duly authorized to act as agent for the vessel or cargo, shall consider advisable, to proceed from one port of one of the two countries to one or more ports of the same country, in order to discharge the whole or part of their cargo brought from abroad, or in order to take in or complete their cargo, without paying other duties than those which are, or may be, paid by national vessels in similar cases.

ARTICLE X.

National Vessels.

All vessels which according to British law are to be deemed British vessels, and all vessels which according to Colombian law are to be deemed Colombian vessels, shall for the purposes of this Treaty, be deemed British and Colombian vessels respectively.

ARTICLE XI.

Import Duties ad valorem.-Mode of Calculation and of

Levying.

Any import duty levied ad valorem in the territories of either of the two High Contracting Parties shall be calculated on the value of the place of production or fabrication of the object imported, with the addition of the cost of transport, insurance, and commission necessary for the importation into the country to which it is carried, its dominions and possessions, as far as the port of discharge.

For the levying of these duties, the importer shall make a written declaration at the Custom-house, stating the value and description of the goods imported, with the addition aforesaid. If the Custom-house authorities shall be of opinion that the declared value is insufficient, they shall be at liberty to take the goods on paying to the importer the price declared, with an addition of five per cent.

This payment, together with the restitution of any duty which may have been levied upon such goods, shall be made within the fifteen days following the declaration.

ARTICLE XII.

Trade-marks, &c.-National Treatment.

The subjects or citizens of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as native subjects or citizens in regard to trade-marks and designs of every description applicable to articles of manufacture.