those mentioned in these articles, will be taken up and settled by mutual conference. Kuanghsü, 33rd year, 4th moon, 16th day: CHOU CH'ANG-LING, Expectant Taotai, Second Grade Button, ministration Inside and Outside Shan- "CHIU-PAO-T'IEN-CHENG-CHOU," Director-General of the South Manchuria Railway. NUMBER 1907/6. JAPAN AND CHINA. Agreement for the establishment of a maritime customs office at Dairen, and for inland waters steam navigation.*-May 30, 1907. The Governments of Japan and China having agreed to the establishment of an office of the Chinese Imperial Maritime Customs at Dairen, the undersigned duly authorized by their respective Governments hereby engage to accept for the general guidance of that office, and as a preliminary and provisional measure, the detailed understanding set forth in the documents hereto attached, viz., (A) Agreement about the establishment of a Maritime Customs Office at Dairen, and (B) Inland Waters steam Navigation. And it is further agreed that in the spring of next year after the experience of one season there shall be a reconsideration of the present arrangement in order to fuller accord with local conditions and needs and that for the documents now accepted there shall be substituted a revised agreement supplemented by an Ordinance, the former to be prepared by the Japanese Minister and the Inspector General of Customs and the latter by the Japanese Authorities of the leased territory in communication with the Commissioner of Customs at Dairen. And it is further understood that the Japanese Authorities will take steps to prevent smuggling from the leased territory into China and support the Chinese Authorities in the measures they adopt to prevent smuggling from China into the leased territory, and also that a suitable procedure shall be arranged for dealing with railway traffic at the Dairen terminus and the frontier station (Wa Fang Tien or *Official English text as printed in Customs, vol. II, p. 740. Printed also in Traités et Conventions, 204; For. Rel., 1907, p. 133. See Note to this document, post, p. 638. other) and temporary regulations be made for collection of duties by the Customs. (Seal.) G. HAYASHI. (Signed) Signed and sealed at Peking the 30th May, 1907. Inspector General of Customs. A. AGREEMENT ABOUT THE ESTABLISHMENT OF A MARITIME CUSTOMS OFFICE AT DAIREN. 1. The Commissioner or the Chief of the Maritime customs Office at Dairen is to be of Japanese nationality. The Inspector General of Customs will come to an understanding with the Japanese Legation at Peking in case of appointing a new Commissioner. 2. The members of the staff of the Maritime Customs Office at Dairen shall, as a rule, be of Japanese nationality; in case, however, of a suddenly occurring vacancy or of temporary requirements of the Service, members of other nationalities may be provisionally sent to Dairen. 3. The Inspector General of Maritime Customs will inform the Governor General of the leased territory beforehand about the change of the Commissioner of Customs at Dairen. 4. All correspondence between the Customs Office at Dairen and the Japanese authorities and Japanese merchants shall be conducted in the Japanese language. Should, however, merchants of other nationality come to reside at Dairen, they shall be at liberty to correspond in English or in Chinese. 5. On merchandise brought by sea to Dairen no Import Duty shall be levied. Import Duty according to existing Treaties shall be levied by the Maritime Customs Office on all merchandise or products passing the Japanese frontier of the leased territory into the interior of China. The Japanese authorities agree to take suitable measures to assist as far as it is possible in the prevention of merchandise passing the Japanese frontier when not provided with a Permit or Pass by the Maritime Customs Office. 6. When Chinese merchandise or products brought from the interior of China into the Japanese leased territory are shipped from Dairen to other places, they will pay the Export Duty according to existing Treaties. Produce raised in, and merchandise manufactured from produce raised in or imported by sea into, the Japanese leased territory shall pay no Export Duty. The Duty to be paid by articles manufactured in the Japanese leased territory from materials brought there from the interior of China will be the same as at present paid by articles in similar circumstances in the German leased territory of Kiaochow. 7. Chinese merchandise or products brought from Chinese Treaty ports to Dairen shall pay no Duty as long as they remain inside Japanese territory; but if these Chinese merchandise or products pass the Japanese frontier into the interior of China, they shall pay according to existing Treaties. 8. Chinese merchandise shipped from Dairen, and having paid accordingly Export Duty, shall be provided with a receipt, on the producing of which it shall pay, on being landed at a Chinese Treaty port, a Coast Trade Duty according to existing Treaties. 9. For Japanese and other non-Chinese merchandise, on being shipped to Dairen from a Chinese Treaty port, the Import Duty paid at the latter port shall be refunded by Drawback according to treaty stipulations. On being imported to Dairen such merchandise shall pay no Duty, so long as it does not pass the Japanese frontier into the interior of China. On being re-exported from Dairen to other places outside China, such merchandise shall pay no Export Duty. 10. Chinese merchandise or products having been shipped from a Chinese Treaty port to Dairen and reshipped from there to places outside China shall on this occasion pay no Export Duty, in case that documentary evidence is produced of their having paid Export Duty at the Treaty port from which they came. 11. The Maritime Customs Office at Dairen shall take no part in the collection or administration of Tonnage Dues, Lighthouse Dues, or Port Dues. 12. The Customs Tariff in vigour in the Chinese Treaty ports shall be applied likewise by the Maritime Customs Office at Dairen. 13. The Japanese Government agree to set apart for the Maritime Customs Office sufficient space at Dairen for building offices, lodgings for the staff, with suitable room for garden, stables, and servants' quarters. The amount to be paid for the sale or lease of such ground is to be settled locally by mutual agreement. 14. The Chief of the Customs Office and the members of the staff shall be free from any obligation to act as jurors or assessors or from any other personal services. 15. The aforesaid Maritime Customs Office at Dairen shall be charged likewise exclusively with the granting and issuing of Transit Passes for merchandise going into the interior of China, as well as for merchandise coming from the interior of China to Dairen; and this Office will be charged as well with all and every function, right, or capacity which appertain in the Treaty ports to the socalled Chinese Customs Taotai. 16. For the Transit Passes mentioned in Article 15 the Duty according to existing Treaties-i. e., half of the amount of the Export or Import Dutiesshall be collected by the Maritime Customs Office at Dairen. 17. The procedure to be observed in case of frauds or contraventions committed by merchants against the Maritime Customs rules shall be settled hereafter by a separate Agreement, but it is understood in principle that all judicial procedure rests with the Japanese tribunals. 18. In view of the possibility that with the development of commercial activity in the Japanese leased territory new requirements may arise which are not to be foreseen, it is understood that the present Agreement bears a provisional character, and that both parties to it agree to introduce amendments as soon as required for the purpose of remedying inconveniences which may arise in the practical execution of this Agreement. B. INLAND WATER STEAM NAVIGATION. 1. The Chinese Maritime Customs having been formally authorised to function in Dairen are now empowered to issue inland steam navigation papers: steamers thus permitted to ply on the inland waters are to be guided generally by the rules and regulations of July and September 1898 and the additional rules of October 1903, but more especially by the regulations herebelow set forth. 2. Steamers about to ply in the inland waters are required to deposit their national papers, Foreign or Native, with the Customs, and will receive in exchange, on written application, the Inland Waters Certificate; such Certificates are valid for one year, and a fee of Tls. 10 is payable on first issue and Tls. 2 for each annual renewal. Tonnage Dues are payable once every four months. 3. Such certificated steamers may ply according to regulations (1) from Dairen to a place or places inland and back, and (2) from Dairen to a place inland, thence to a Treaty port, thence to a place inland, and thence back to Dairen. On making due report to the local Customs or Tax Office, and paying local Dues or Duties, they may land or ship cargo or passengers at any recognised places of trade passed on the voyage, but they may not ply between inland places exclusively without special authority. If visiting another treaty port on any such inland voyage, the Customs at such port are to be duly reported to and all port regulations, national and native, complied with. 4. Whenever certificated steamers quit or return to Dairen, they are to clear from and report to the Dairen Customs, handing in Outward and Inward Manifests of cargo, reporting places to be called at or called at (sic.), and paying the prescribed Duties. Opium and contraband goods are not to be carried inward or outward if carried, the goods are confiscable and the vessel subject to a fine of $500, a second offence entailing withdrawal of Inland Waters Certificate and privileges. 5. The Japanese authorities will assist the Dairen Customs to suppress smuggling-more especially the smuggling of Opium and contraband. 6. The transmission of Chinese closed mails between Dairen and inland ports shall be free of charge and the postal Administrations concerned will arrange a fitting procedure for the transmission of such Chinese closed mails through the Japanese leased territory from and to Chinese post offices outside that territory. 7. The application of the Inland Waters Steam Navigation understanding will be restricted to steamers which ply on inland waters not inside the area of the Japanese leased territory. G. HAYASHI, Minister of Japan. ROBERT HART, (Seal) (Seal) Inspector General of Customs. Signed and sealed at Peking the 30th May, 1907. Note. The customs house at Dairen was opened on July 1, 1907. It is understood that no revision of this agreement has been made as contemplated. Provisional customs regulations for the leased territory of Kwantung were enacted by an ordinance of the Government-General of Kwantung under date of June 26, 1907. The following is a translation from the Japanese text, embodying certain subsequent amend ments: Provisional Customs Regulations for Kwantung Leased Territory, June 26, 1907. 1.-Foreign goods imported from a foreign country or goods manufactured therefrom must pay import duty, if sent to the interior. Foreign goods imported from a Chinese treaty port, unaccompanied by duty paid certificate, must pay import duty, if sent to the interior. Foreign goods imported from a Chinese treaty port and accompanied by duty paid certificate, are entitled to drawback at the port of duty payment, when they have been consumed in, or reexported from, the leased territory. 2.-Native goods coming from a Chinese treaty port, and accompanied by duty paid certificate, must pay coast trade duty, if sent to the interior. 2a.-Produce raised in the leased territory, or goods manufactured therefrom, shall pay import duty on being sent to the interior." [ARTICLE 2a, when introduced by Ordinance No. 42 of 1907, contained the additional sentences," But the sender of such goods can choose not to pay import duty. In the latter case, the goods thus sent will be treated in the same way as Chinese produce." These two sentences were cancelled by Ordinance No. 26, of 1910.] 3.-Native produce imported from a Chinese treaty port, unaccompanied by duty paid certificate, must pay import duty on deposit, pending inquiry with the custom house of the port concerned, and is liable to confiscation together with the deposit, if any unlawful action be committeed in connection therewith. 4.-Native produce brought down by land to the leased territory must pay export duty, if exported. 5.-Produce raised in the leased territory, and goods manufactured therefrom or from the materials imported from a foreign country shall pay no export duty if accompanied by certificate of origin issued by the Japanese authorities. 6.-Goods manufactured from materials brought from the interior or from a Chinese port by sea, shall pay export duty on exportation. But it is optional with the shipper to pay duty on the material or on the manufactured article. 7.-Foreign goods on which import duty, or, native goods on which export duty, has been levied at a Chinese treaty port, shall pay no export duty when reexported from Dairen. 8.-Goods transported from or to the interior under the transit regulations shall pay transit dues in addition to export or import duty. 9.-Opium coming to the leased territory, whether by sea or land, must be reported to the customs immediately upon arrival. 10.-Opium going to the interior must pay import duty and likin. This, however, does not apply to foreign or native opium imported from a Chinese treaty port, accompanied by duty paid certificate or bearing Hupu labels. 11. All opium going to the interior, whether dutiable or not, must be declared to the customs, and labelled and stamped. 12. Native opium coming from the interior or from a Chinese treaty port, unaccompanied by duty paid certificate or not bearing Hupu labels, shall be charged with Tung-shui. 13.-Arms, ammunition, explosives, and materials used in the manufacture of the same, shall be unloaded or landed only after the receipt of a customs permit. 14. The transportation to the interior, or the exportation to a Chinese port, of arms, ammunition, explosives, and materials used in the manufacture of the same, is prohibited unless they are accompanied by Hu-chao issued by the Chinese authorities. 15. The two preceding rules do not apply to arms, ammunition, etc., for the use of the Japanese army, navy, and police force. 16.-Upon a ship's arrival, the master of the vessel or his agent shall hand in without delay to the customs the ship's papers or consular report, and import manifest. The manifest must contain the name and flag of the vessel, the port of shipment as well as the destination of the cargo, marks and numbers, number of packages, quantity, weight in tons, and names of consignees, and be signed by the master of the vessel or his agent. When the quantity of the cargo destined for the interior is large enough to be treated as independent cargo, the master of the vessel or his agent should prepare two manifests— one for the cargo destined for the interior and another for the leased territory. The import manifest may only be amended within twenty-four hours of its being handed in to the customs. 17.-Consignees of import cargo, whether for the interior or for the leased territory, shall hand in to the customs an import statement," giving the name and flag of the |