Treaty of friendship, commerce, and navigation between the United States of America and the Republic of Haiti, with prot...

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Title:
Treaty of friendship, commerce, and navigation between the United States of America and the Republic of Haiti, with protocol and exchange of notes message from the President of the United States transmitting a treaty of friendship, commerce, and navigation between the United States of America and the Republic of Haiti, together with a protocol and an exchange of notes relating thereto, signed at Port-au-Prince on March 3, 1955
Series Title:
Executive / Senate ;
Uniform Title:
Treaties, etc
Running title:
Treaty between the United States and Haiti
Physical Description:
1 online resource (18 p.) : ;
Language:
English
Creator:
Haiti
United States -- President (1953-1961 : Eisenhower)
United States -- Congress. -- Senate. -- Committee on Foreign Relations
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Foreign relations -- Haiti -- United States   ( lcsh )
Foreign relations -- United States -- Haiti   ( lcsh )
Commerce -- Haiti -- United States   ( lcsh )
Commerce -- United States -- Haiti   ( lcsh )
Relations extérieures -- Haïti -- États-Unis   ( ram )
Relations extérieures -- États-Unis -- Haïti   ( ram )
Commerce extérieur -- Haïti -- États-Unis   ( ram )
Commerce extérieur -- États-Unis -- Haïti   ( ram )
Genre:
federal government publication   ( marcgt )
treaty   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Title from PDF caption title (LLMC Digital, viewed on Dec. 20, 2010)
General Note:
"Referred to the Committee on Foreign Relations."
General Note:
"June 22, 1955."

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University of Michigan Law Library
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University of Michigan Law Library
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 693777847
System ID:
AA00001178:00001


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84TH CONGRESS ) SENATE ( EXECUTIVE
1st Session H H





TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION
BETWEEN THE UNITED STATES OF AMERICA AND THE REPUB-
LIC OF HAITI, WITH PROTOCOL AND EXCHANGE OF NOTES



MESSAGE
FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING
A TREATY OF. FRIENDSHIP, COMMERCE AND NAVIGATION
BETWEEN THE UNITED STATES OF AMERICA AND THE REPUB-
LIC OF HAITI, TOGETHER WITH A PROTOCOL AND AN EXCHANGE
OF NOTES RELATING THERETO, SIGNED AT PORT-AU-PRINCE
ON MARCH 3, 1955

JUNE 22, 1955.-Treaty and protocol were read the first time and the injunction
of secrecy was removed therefrom. The treaty and accompanying papers
were referred to the Committee on Foreign Relations and ordered to be printed
for the use of the Senate


To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to
ratification, I transmit herewith a treaty of friendship, commerce, and
navigation between the United States of America and the Republic
of Haiti, together with a protocol and an exchange of notes relating
thereto. The treaty and the protocol were signed on March 3, 1955,
and the notes on April 11 and 25, 1955, at Port-au-Prince.
I transmit also, for the information of the Senate, the report by
the Acting Secretary of State with respect to the treaty.
DWIGHT D. EISENHOWER.
THE WHITE HOUSE, June 22, 1955.
(Enclosures: (1) Report of the Acting Secretary of State; (2) treaty
of friendship, commerce, and navigation, with protocol, signed at.
Port-au-Prince on March 3, 1955; (3) exchange of notes, signed at,
Port-au-Prince on April 11 and 25, 1955, with translation of French
language note.)
55118-55---1

263619




2 TREATY BETWEEN THE UNITED STATES AND HAITI

DEPARTMENT OF STATE,
S' Washington, June 17, 1955. ;
The PRESIDENT,
.-..T.... The=White-House:-====-= -
The undersigned, the Acting Secretary of State, has the honor to
submit to the President, with a view to its transmission to the Senate
to receive the advice and consent of that body to ratification, if the
President approve thereof, a treaty of friendship, commerce, and
navigation between the United States of America and the Republic
-of Haiti, together with a protocol and exchange of notes relating
thereto. The treaty and the protocol were signed on" March 3, 1955,
and the notes on April 11 and 25, 1955, at Port-au-Prince.
The present agreement reestablishes a bilateral treaty basis for
commercial relations with the Republicof tHaiti. Such a basis pre-
viously existed by virtue of a treaty of amity, commerce, navigation
and extradition, signed at Port-au-Prince on November 3, 1864 (13
Stat. 711; 18 Stat., pt. 2, 412); however, that treaty terminated on
May 7, 1905.
The present treaty is a comprehensive instrument which expresses
the common faith of the two countries in liberal principles and is
designed to provide an effective basis for the development of business,
trade, and other commercial relationships.
In common with other treaties of friendship, commerce and naviga-
tion entered into by the United States in recent years, the new treaty
,deals in considerable detail with a wide range of subject matter. In
general, each of the two Governments (1) agrees to accord, within its
:territories, to citizens and corporations of the other country treatment
.no less favorable-than it accords to-its own citizens and corporations
with respect to normal commercial and industrial pursuits; (2) affirms
its adherence to the principles of nondiscriminatory treatment of trade
and shipping; (3) formally eIidorses standards regarding the protec-
ltion- of persons and their property and interests that reflect the most
enlightened constitutional principles; and (4) recognizes the need for
'special attention to the problems-:of stimulating the flow of private
capital investment. Specifically, the provisions of the treaty fall into
nine broad categories: (1) entry,Atravel-and residence; (2) basic per-
sonal freedoms; (3) .g-utitanties with respect to property rights; (4) the
conduct and control of.b;usiness enterprises; (5) taxation; (6) exchange
restrictions; (7) the exchange of goods; (8) navigation; and (9) excep-
tions, territorial applicability, and miscellaneous provisions.
The new treaty with Haiti resembles most nearly the treaty of
friendship, commerce, and navigation with Japan, signed at Tokyo on
'April 2, 1953 (S. Ex. 0, 83d Cong., 1st sess.),.and is generally com-
-parable to the treaty with Israel, signed at Washington on August 23,
1951 (S. Ex. R, 82d Cong., 1st sess:), and that.with Greece, signed at
Athens on August 3, 1951 (S. Ex. J, 82dCong., 2d sess.), which
treaties have received the Senate's advice and consent to ratification.
There are certain differences between the treaty with Haiti and the
treaties with Japan, Israel, and Greece, including the following: The
treaty does not contain provisions relating to religious activities, since
differences of view developed as to the formulation of such provisions
.and it was not possible to reach agreement thereon. Haiti is granted
an exception, paragraph 9, of the -protocol, from relevant national
treatment provisions of the treaty in order that retail trade in Haiti




TREATY BETWEEN THE UNITED STATES AND HAITI


may be conducted in accordance with existing legislation which limits
such trade to citizens of Haiti, and in order that certain minor taxes
applicable to aliens may be retained. In conformity with the sense
of the Senate reservation adopted on July 21, 1953, when certain
treaties of friendship, commerce and navigation were approved, pro-
visions granting rights with respect to engaging in the practice of
professions are not included.
Other points of difference between this treaty and most of the
United States treaties of this type entered into since 1946 are (a) the
inclusion of a provision (art. II, par. 3) on tourist traffic, similar to
that in the treaty with Uruguay, signed at Montevideo on November
23, 1949 (S. Ex. D, 81st Cong., 2d sess.); (b) omission of a provision
on the maintenance of competitive equality between publicly and
privately owned enterprises; (c) inclusion of a provision (protocol,
par. 1) clarifying the application of section 101 (a) 15 (E) (ii) of the
Immigration and Nationality Act (treaty investor status) with re-
spect to its applicability to company representatives, in conformity
with the regulations, similar to the provision in the treaty with the
Federal Republic of Germany, signed at Washington on October 29,
1954 (S. Ex. E, 84th Cong., 1st sess.); and (d) certain changes in the
duration and termination provisions, as indicated below.
Provision is made in the treaty for its entry into force 1 month after
the day of exchange of ratifications and for its continuance in force for
a period of 6 years (instead of the more usual period of 10 years)
from that day and indefinitely thereafter, subject to termination on
6 months' written notice (instead of the usual 1 year's written notice)
by either Government to the other Government.
The protocol, which, as previously indicated in part, clarifies,
construes, and grants certain exceptions to provisions, of the treaty,
and the exchange of notes, which corrects certain clerical errors, are
considered integral parts of the treaty.
Respectfully submitted.
HERBERT HOOVER, Jr.,
Acting Secretary.
(Enclosures: (1) Treaty of friendship, commerce, and navigation,
with protocol, signed at Port-au-Prince on March 3, 1955; (2) exchange
of notes, signed at Port-au-Prince on April 11 and 25, 1955, with
translation of French language note.)
TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION
BETWEEN THE UNITED STATES OF AMERICA AND THE
REPUBLIC OF HAITI
The United States of America and the Republic of Haiti desirous
of strengthening the bonds of peace and friendship traditionally
existing between them and of encouraging closer economic and cultural
relations between their peoples, and being cognizant of the contribu-
tions which may be made toward these ends by arrangements encour-
aging mutually beneficial investments, promoting mutually advan-
tageous commercial intercourse and otherwise establishing mutual
rights and privileges, have resolved to conclude a Treaty of Friendship,
Commerce and Navigation, based in general upon the principles of
national and of most-favored-nation treatment unconditionally




4 TREATY BETWEEN THE UNITED STATES AND HAITI

accorded, and for that purpose have appointed as their Plenipoten-
tiaries,
The President of the United States of America:
Mr. Richard M. Nixon, Vice President of the United States
of America, and
Mr. Roy Tasco Davis, Ambassador Extraordinary and
Plenipotentiary of the United States of America to Haiti,
and
The President of the Republic of Haiti:
His Excellency Mr. Mauclair Zephirin, Secretary of State
for Foreign Relations and for Worship, of the Republic of
Haiti, and
His Excellency Mr. Marcel Fombrun, Secretary of State for
the Presidency and for Commerce, of the Republic of
Haiti,
Who, having communicated to each other their full powers found
to be in due form, have agreed as follows:
ARTICLE I
Each Party shall at all times accord equitable treatment to the
persons, property, enterprises and other interests of nationals and
companies of the other Party.
ARTICLE II
1. Nationals of either Party shall be permitted to enter the terri-
tories of the other Party and to remain therein: (a) for the purpose
of carrying on trade between the territories of the two Parties and
engaging in related commercial activities; (b) for the purpose of
developing and directing the operations of an enterprise in which
they have invested, or in which they are actively in the process of
investing, a substantial amount of capital; and (c) for other purposes
subject to the laws relating to the entry and sojourn of aliens.
2. Nationals of either Party, within the territories of the other
Party, shall be permitted: (a) to travel therein freely, and to reside
at places of their choice; (b) to gather and to transmit material for
dissemination to the public abroad; and (c) to communicate with
other persons inside and outside such territories by mail, telegraph
and other means open to general public use.
3. For the purpose of strengthening the friendly relations and under-
standing between the two countries by encouraging mutual contacts
between their peoples, the best facilities practicable shall be made
available for travel by tourists, for the distribution of information
for tourists, and with respect to the entry, sojourn and departure of
visitors.
4. The provisions of the present Article shall be subject to the right
of either Party to apply measures that are necessary to maintain
public order and protect the public health, morals and safety.
ARTICLE III
1. Nationals of either Party within the territories of the other
Party shall be free from molestation of every kind and shall receive




TREATY BETWEEN THE UNITED STATES AND HAITI


the most constant protection and security, in no case less than that
required by international law.
2. If, within the territories of either Party, a national of the other
Party is taken into custody, the nearest consular representative of his
country shall on the demand of such national be immediately notified
and shall have the right to visit and communicate with such national.
Such national shall: (a) receive reasonable and humane treatment;
(b) be formally and immediately informed of the accusations against'
him; (c) be brought to trial as promptly as is consistent with the
proper preparation of his defense, account being taken of the normal
delay for the preparation of the prosecution; and (d) enjoy all means
reasonably necessary to his defense, including the services of competent
counsel of his choice.
ARTICLE IV
1. Nationals of either Party shall be accorded national treatment
in the application of laws and regulations within the territories of the
other Party that establish a pecuniary compensation or other benefit
or service, on account of disease, injury or death arising out of and
in the course of employment or due to the nature of employment.
2. In addition to the rights and privileges provided in paragraph 1
of the present Article, nationals of either Party shall, within the terri-
tories of the other Party, be accorded national treatment in the
application of laws and regulations establishing compulsory systems
of social security, under which benefits are paid without an individual
test of financial need: (a) against loss of wages or earnings due to
old age, unemployment, sickness or disability, or (b) against loss of
financial support due to the death of father, husband or other person
on whom such support had depended.
ARTICLE V
1. Nationals and companies of either Party shall be accorded
national treatment and most-favored-nation treatment with respect
to access to the courts of justice and to administrative tribunals and
agencies within the territories of the other Party, in all degrees of
jurisdiction, both in pursuit and in defense of their rights. It is under-
stood that companies of either Party not engaged in activities within
the territories of the other Party shall enjoy such access therein with-
out any requirement of compliance with registration or other proce-
dures demanded of companies seeking to carry on within such
territories the activities for which they were organized.
2. Contracts entered into between nationals and companies of
either Party and nationals and companies of the other Party, that
provide for the settlement by arbitration of controversies, shall not
be deemed unenforceable within the territories of such other Party
merely on the grounds that the place designated for the arbitration
proceedings is outside such territories or that the nationality of one
or more of the arbitrators is not that of such other Party. No
award duly rendered pursuant to any such contract, and final and
enforceable under the laws of the place where rendered, shall be
deemed invalid or denied effective means of enforcement by either
Party within its territories merely on the grounds that the place
where such award was rendered is outside such territories or that the
nationality of one or more of the arbitrators is not that of such Party.





6 TREATY BETWEEN THE UNITED STATES AND HAITI

ARTICLE VI
1. Property of nationals and companies of either Party shall receive
the most constant protection and security under the law within the
territories of the other Party.
2. The dwellings, offices, warehouses, factories and other premises
of nationals and companies of either Party located within the territories
of the other Party shall not be subject to molestation or to entry
without just cause. Official searches and examinations of such
premises and their contents, when necessary, shall be made only
according to law and with careful regard for the convenience of the
occupants and the conduct of business.
3. Neither Party shall take unreasonable or discriminatory measures
that would impair the legally acquired rights or interests within its
territories of nationals and companies of the other Party in the
enterprises which they have established, in their capital, or in the
skills, arts or technology which they have supplied, nor shall either
Party unreasonably impede nationals and companies of the other
Party from obtaining on equitable terms the capital, skills, arts and
technology needed for economic development.
4. Property of nationals and companies of either Party shall not
be taken within the territories of the other Party except for a public
purpose, nor shall it be taken without the prompt payment of just
compensation. Such compensation shall be in an effectively realiz-
able form and shall represent the full equivalent of the property taken;
and adequate provision shall have been made at or prior to the time
of taking for the determination and payment thereof.
5. Nationals and companies of either Party shall in no case be
accorded, within the territories of the other Party, less than national
treatment and most-favored-nation treatment with respect to the
matters set forth in paragraphs 2 and 4 of the present Article.

ARTICLE VII
1. Nationals and companies of either Party shall be accorded
national treatment with respect to engaging in all types of commercial,
industrial, financial and other activity for profit (business activities)
within the territories of the other Party, whether directly or by agent
or through the medium of any form of lawful juridical entity. Ac-
cordingly, such nationals and companies shall be permitted within
such territories in accordance with laws and regulations of the other
Party: (a) to establish and maintain branches, agencies, offices,
factories and other establishments appropriate to the conduct of
their business; (b) to organize companies and to acquire majority
interests in companies of such other Party; and (c) to control and
manage enterprises which they have established or acquired. More-
over, enterprises which they control, whether in the form of individual
proprietorships, companies or otherwise, shall in all that relates to the
conduct of the activities thereof, be accorded treatment no less
favorable than that accorded like enterprises controlled by nationals
and companies of such other Party.
2. Each Party reserves the right to limit the extent to which aliens
may establish, acquire interests in, or carry on enterprises engaged
within its territories in communications, air or water transport,





TREATY BETWEEN THE UNITED STATES AND ITAITI ,


banking involving depository or fiduciary functions, or the exploitation
of land or other natural resources. However, new limitations imposed
by either Party upon the extent. to which aliens are accorded national
treatment, with respect to carrying on such activities within its
territories, shall not be applied as against enterprises which are
engaged in such activities therein at the time such new limitations are
adopted and which are owned or controlled by nationals and com-
panies of the other Party. Moreover, neither Party shall deny to
transportation, communications and banking companies of the other
Party the right to maintain branches and agencies to perform func-
tions necessary for essentially international operations in which they
are permitted to engage.
3. The provisions of paragraph 1 of the present Article shall not
prevent either Party from prescribing special formalities in connection
with the establishment of alien-controlled enterprises within its terri-
tories; but such formalities may not impair the substance of the rights
set forth in said paragraph.
4. Nationals and companies of either Party, as well as enterprises
controlled by such nationals and companies, shall in any event be
accorded most-favored-nation treatment with reference to the matters
treated in the present Article.

ARTICLE VIII
1. Nationals and companies of either Party shall be permitted to
engage on a temporary basis accountants and other technical experts
regardless of the extent to which they may have qualified for the prac-
tice of a profession within the territories of such other Party; for the
particular purpose of making examinations, audits aind technical, in-
vestigations for, and rendering reports to, such nationals and com-
panies in connection with the planning and operation of their enter-
prises, and enterprises in which they have a financial interest, within
such territories.
2. Nationals and companies of either Party shall be accorded na-
tional treatment and most-favored-nation- treatment with respect to
engaging in scientific, educational and philanthropic activities within
the territories of the other Party, and shall be accorded the right to
form associations for that purpose under the laws of such other Party.
Nothing in the present Treaty shall be deemed to grant or imply any
right to engage in political activities.

ARTICLE IX
1. Nationals and companies of either Party shall be accorded, within
the territories of the other Party:
(a) national treatment with respect to leasing land, buildings
and other real property appropriate to the conduct of activities
in which they are permitted to engage pursuant -to Articles VII
and VIII and for residential purposes and with respect to occupy-
ing and using such property; and
(b) other rights in real property permitted by the laws govern-
ing the acquisition and tenure of such property.
2. Nationals and companies of either Party shall be accorded within
the territories of the other Party national treatment.and most-favored-




8 TREATY BETWEEN THE UNITED STATES AND HAITI


nation treatment. with respect to 'ririi'i,., by purchase, lease, or
otherwise, and with respect to owning and possessing, personal
property of all kinds, both tangible and intangible. However, either
Party may impose restrictions on alien ownership of materials dan-
gerous from the standpoint of public safety and alien ownership of
interests in enterprises carrying on the activities listed in the first
sentence of paragraph 2 of Article VII, but only to the extent that this
can be done without impairing the rights and privileges secured by
Article VII or by other provisions of the present Treaty.
3. Nationals and companies of either Party shall be accorded
national treatment within the territories of the other Party with
respect to acquiring property of all kinds by testate or intestate
succession or through judicial process. Should they because of their
alienage be ineligible to continue to own any such property, they shall
be allowed a period of at least two years in which to dispose of it.
4. Nationals and companies of either Party shall be accorded
within the territories of the other Party national treatment and most-
favored-nation treatment with respect to disposing of property of all
kinds.
ARTICLE X
1. Nationals and companies of either Party shall be accorded,
within the territories of the other Party, national treatment and
most-favored-nation treatment with respect to obtaining and main-
taining patents of invention, and with respect to rights in trade marks,
trade names, trade labels and industrial property of every kind.
2. The Parties undertake to cooperate in furthering the interchange
and use of scientific and technical knowledge, particularly in the
interests of increasing productivity and improving standards of living
within their respective territories.

ARTICLE XI
1. Nationals of either Party residing within the territories of the
other Party, and nationals and companies of either Party engaged in
trade or other gainful pursuit or in scientific, educational, or philan-
thropic activities within the territories of the other Party, shall not
be subject to the payment of taxes, fees or charges imposed upon or
applied to income, capital, transactions, activities or any other object,
or to requirements with respect to the levy and collection thereof,
within the territories of such other Party, more burdensome than
those borne by nationals and companies of such other Party.
2. With respect to nationals of either Party who are neither resident
nor engaged in trade or other gainful pursuit within the territories
of the other Party, and with respect to companies of either Party
which are not engaged in trade or other gainful pursuit within the
territories of the other Party, it shall be the aim of such other Party
to apply in general the principle set forth in paragraph 1 of the
present Article.
3. Nationals and companies of either Party shall in no case be
subject, within the territories of the other Party, to the payment of
taxes, fees or charges imposed upon or applied to income, capital,
transactions, activities or any other object, or to requirements with
respect to the levy and collection thereof, more burdensome than those
borne by nationals, residents and companies of any third country.





TREATY BETWEEN THE UNITED STATES AND HAITI


4. In the case of companies of either Party engaged in trade or other
gainful pursuit within the territories of the other Party, and in the
case of nationals of either Party engaged in trade or other gainful
pursuit within the territories of the other Party but not resident
therein, such other Party shall not impose or apply any tax, fee or
charge upon any income, capital or other basis in excess of that reason-
ably allocable or apportionable to its territories, nor grant deductions
and exemptions less than those reasonably allocable or apportionable
to its territories. A comparable rule shall apply also in the case of
companies organized and operated exclusively for scientific, educational
or philanthropic purposes.
5. Each Party reserves the right to: (a) extend specific tax ad-
vantages on the basis of reciprocity; (b) accord special tax advantages
by virtue of agreements for the avoidance of double taxation or the
mutual protection of revenue; and (c) apply special provisions in
allowing, to non-residents, exemptions of a personal nature in con-
nection with income and inheritance taxes.

ARTICLE XII
1. Nationals and companies of either Party shall be accorded by the
other Party national treatment and most-favored-nation treatment
with respect to payments, remittances and transfers of funds or
financial instruments between the territories of the two Parties as well
as between the territories of such other Party and of any third country.
2. Neither Party shall, in its commercial and financial relations with
the other Party, impose exchange restrictions as defined in paragraph 5
of the present Article except to arrest a precipitous decline in monetary
reserves or to effect an increase in reserves in order to bring them up
to an adequate level. It is understood that the provisions of the pres-
ent Article do not alter the obligations either Party may have to the
International Monetary Fund or preclude imposition of particular
restrictions whenever the Fund specifically authorizes or requests a
Party to impose such particular restrictions.
3. If either Party imposes exchange restrictions in accordance with
paragraph 2 of the present Article, it shall, after making whatever
provision may be necessary to assure the availability of foreign ex-
change for goods and services essential to the health and welfare of its
people and to fulfill its international obligations, make reasonable
provision for the withdrawal, in foreign exchange in the currency of
the other Party, of: (a) the compensation referred to in Article VI,
paragraph 4, (b) earnings, whether in the form of salaries, interest,
dividends, commissions, royalties, payments for technical services, or
otherwise, and (c) amounts for amortization of loans, depreciation of
direct investments, and capital transfers, giving consideration to
special needs for other transactions. If more than one rate of exchange
is in force, the rate applicable to such withdrawal shall be a rate which
is specifically approved by the International Monetary Fund for such
transactions or, in the absence of a rate so approved, an effective rate
which, inclusive of any taxes or surcharges on exchange transfers, is
just and reasonable.
4. Exchange restrictions shall not be imposed by either Party in a
manner unnecessarily detrimental or arbitrarily discriminatory to the
claims, investments, transport, trade, and other interests of the na-
Ex. Ii, 84-1-2





10 TREATY BETWEEN THE UNITED STATES AND HAITI

tionals and companies of the other Party, nor to the competitive
position thereof.
5. The term "exchange restrictions" as used in the present Article
includes all restrictions, regulations, charges, taxes, or other require-
ments imposed by either Party which burden or interfere with pay-
ments, remittances, or transfers of funds or of financial instruments
between the territories of the two Parties.
6. Each Party shall afford the other Party adequate opportunity for
consultation at any time regarding application of the present Article.
ARTICLE XIII
Commercial travelers representing nationals and companies of either
Party engaged in business within the territories thereof shall, upon
their entry into and departure from the territories of the other Party
and during their sojourn therein, be accorded most-favored-nation
treatment in respect of the customs and other matters, including,
subject to the exceptions in paragraph 5 of Article XI, taxes and
charges applicable to them, their samples and the taking of orders, and
regulations governing the exercise of their functions.
ARTICLE XIV
1. Each Party shall accord most-favored-nation treatment to
products of the other Party, from whatever place and by whatever
type of carrier arriving, and to products destined for exportation to
the territories of such other Party, by whatever route and by whatever
type of carrier, with respect to customs duties and charges of any
kind imposed on or in connection with importation or exportation or
imposed on the international transfer of payments for imports or
exports, and with respect to the method of levying such duties and
charges, and with respect to all rules and formalities in connection
with importation and exportation.
2. Neither Party shall impose restrictions or prohibitions on the
importation of any product of the other Party, or on the exportation
of any product to the territories of the other Party, unless the im-
portation of the like product of, or the exportation of the like product
to, all third countries is similarly restricted or prohibited.
3. If either Party imposes quantitative restrictions on the importa-
tion or exportation of any product in which the other Party has an
important interest:
(a) It shall as a general rule give prior public notice of the total
amount of the product, by quantity or value, that may be im-
ported or exported during a specified period, and of any change
in such amount or period; and
(b) If it makes allotments to any third country, it shall afford
such other Party a share proportionate to the amount of the
product, by quantity or value, supplied by or to it during a
previous representative period, due consideration being given
to any special factors affecting the trade in such product.
4. Either Party may impose prohibitions or restrictions on sanitary
or other customary grounds of a non-commercial nature, or in the
interest of preventing deceptive or unfair practices, provided such
prohibitions or restrictions do not arbitrarily discriminate against the
commerce of the other Party.





TREATY BETWEEN THE UNITED STATES AND HAITI 11

5. Nationals and companies of either Party shall be accorded
national treatment and most-favored-nation treatment by the other
Party with respect to all matters relating to importation and exporta-
tion.
6. The provisions of the present Article shall not apply to advan-
tages accorded by either Party:
(a) to products of its national fisheries;
(b) to adjacent countries in order to facilitate frontier traffic; or
(c) by virtue of a customs union or free-trade area of which it
may become a member, so long as it informs the other Party of
its plans and affords such other Party adequate opportunity for
consultation.
ARTICLE XV
1. Each Party shall promptly publish laws, regulations and admin-
istrative rulings of general application pertaining to rates of duty,
taxes or other charges, to the classification of articles for customs
purposes, and to requirements or restrictions on imports and exports
or the transfer of payments therefore or affecting their sale, distribu-
tion or use; and shall administer such laws, regulations and rulings
in a uniform, impartial and reasonable manner. As a general practice,
new administrative requirements or restrictions affecting imports, with
the exception of those imposed on sanitary grounds or for reasons of
public safety, shall not go into effect before the expiration of 30 days
after publication, or alternatively, shall not apply to products en
route at time of publication.
2. Each Party shall provide an appeals procedure under which
nationals and companies of the other Party, and importers of products
of such other Party, shall be able to obtain prompt and impartial
review, and correction when warranted, of administrative action relat-
ing to customs matters, including the imposition of fines and penalties,
confiscations, and rulings on questions of customs classification and
valuation by the administrative authorities. Penalties imposed for
infractions of the customs and shipping laws and regulations shall be
merely nominal in cases resulting from clerical errors or when good
faith can be demonstrated.
ARTICLE XVI
1. Products of either Party shall be accorded, within the territories
6f the other Party, national treatment and most-favored-nation treat-
ment in all matters affecting internal taxation, sale, distribution,
storage and use.
2. Articles produced by nationals and companies of either Party
within the territories of the other Party, or by companies of the latter
Party controlled by such nationals and companies, shall be accorded
therein treatment no less favorable than that accorded to like articles
of national origin by whatever person or company produced, in all
matters affecting exportation, taxation, sale, distribution, storage and
use.
ARTICLE XVII
1. Each Party undertakes (a) that enterprises owned or controlled
by its Government, and that monopolies or agencies granted exclusive
or special privileges within its territories, shall make their purchases
and sales involving either imports or exports affecting the commerce





12 TREATY BETWEEN THE UNITED STATES AND HAITI

of the other Party solely in accordance with commercial considerations,
including price, quality, availability, marketability, transportation
and other conditions of purchase or sale; and (b) that the nationals,
companies and commerce of such other Party shall be afforded
adequate opportunity, in accordance with customary business practice,
to compete for participation in such purchases and sales.
2. Each Party shall accord to the nationals, companies and com-
merce of the other Party fair and equitable treatment, as compared
with that accorded to the nationals, companies and commerce of any
third country, with respect to: (a) the governmental purchase of
supplies, (b) the awarding of concessions and other government
contracts, and (c) the sale of any service sold by the Government or
by any monopoly or agency granted exclusive or special privileges.
3. Neither Party shall impose any measure of a discriminatory
nature that hinders or prevents the importer or exporter of products
of either country from obtaining marine insurance on such products in
companies of either Party.

ARTICLE XVIII
1. The two Parties agree that business practices which restrain
competition, limit access to markets or foster monopolistic control,
and which are engaged in or made effective by one or more private or
public commercial enterprises or by combination, agreement or other
arrangement among such enterprises, may have harmful effects upon
commerce between their respective territories. Accordingly, each
Party agrees upon the request of the other Party to consult with
respect to any such practices and to take such measures as it deems
appropriate with a view to eliminating such harmful effects
2. No enterprise of either Party, including corporations, associa-
tions, and government agencies and instrumentalities, which is
publicly owned or controlled shall, if it engages in commercial, indus-
trial, shipping or other business activities within the territories of the
other Party, claim or enjoy, either for itself or for its property, im-
munity therein from taxation, suit, execution of judgment or other
liability to which privately owned and controlled enterprises are
subject therein.
ARTICLE XIX
1. Between the territories of the two Parties there shall be freedom
of commerce and navigation.
2. Vessels under the flag of either Party, and carrying the papers
required by its law in proof of nationality, shall be deemed to be
vessels of that Party both on the high seas and within the ports, places
and waters of the other Party.
3. Vessels of either Party shall have liberty, on equal terms with
vessels of the other Party and on equal terms with vessels of any third
country, to come with their cargoes to all ports, places and waters of
such other Party open to foreign commerce and navigation. Such
vessels and cargoes shall in all respects be accorded national treat-
ment and most-favored-nation treatment within the ports, places and
waters of such other Party; but each Party may reserve exclusive
rights and privileges to its own vessels with respect to the coasting
trade, inland navigation and national fisheries.





TREATY BETWEEN THE UNITED STATES AND HAITI


4. Vessels of either Party shall be accorded national treatment and
most-favored-nation treatment by the other Party with respect to
the right to carry all products that may be carried by vessel to or
from the territories of such other Party; and such products shall be
accorded treatment no less favorable than that accorded like products
carried in vessels of such other Party, with respect to: (a) duties and
charges of all kinds, (b) the administration of the customs, and (c)
bounties, drawbacks and other privileges of this nature.
5. Vessels of either Party that are in distress shall be permitted to
take refuge in the nearest port or haven of the other Party, and shall
receive friendly treatment and assistance.
6. The term "vessels", as used herein, means all types of vessels,
whether privately owned or operated, or publicly owned or operated;
but this term does not, except with reference to paragraphs 2 and 5
of the present Article, include fishing vessels or vessels of war

ARTICLE XX
There shall be freedom of transit through the territories of each
Party by the routes most convenient for international transit:
(a) for nationals of the other Party, together with their baggage;
(b) for other persons, together with their baggage, en route to
or from the territories of such other Party; and
(c) for products of any origin en route to or from the territories
of such other Party.
Such persons and things in transit shall be exempt'from customs duties,
from duties imposed by reason of transit, and from unreasonable
charges and requirements; and shall be free from unnecessary delays
and restrictions. They shall, however, be subject:
(a) to measures that are necessary to maintain public order, to
protect the public morals and safety, and to safeguard the public
health, including animal and plant quarantine regulations, and (b) to
nondiscriminatory regulations necessary to prevent abuse of the transit
privilege.
ARTICLE XXI
1. The present Treaty shall not preclude the application of
measures:
(a) regulating the importation or exportation of gold or silver;
(b) relating to fissionable materials, to radioactive by-products
of the utilization or processing thereof, or to materials that are
the source of fissionable materials;
(c) regulating the production of or traffic in arms, ammunition
and implements of war, or traffic in other materials carried on
directly or indirectly for the purpose of supplying a military
establishment;
(d) necessary to fulfill the obligations of a Party for the mainte-
nance or restoration of international peace and security, or neces-
sary to protect its essential security interests; and
(e) denying to any company in the ownership or direction of
which nationals of any third country or countries have directly
or indirectly the controlling interest, the advantages of the
present Treaty, except with respect to recognition of juridical
status and with respect to access to courts.






14 TREATY BETWEEN THE UNITED STATES AND, HAITI

2. The most-favored-nation provisions of the present Treaty relat-
ing to the treatment of goods shall not apply to advantages accorded
by either Party to any country or area with respect to which special
treatment has been permitted under the General Agreement on Tariffs
and Trade.
3. The provisions of the present Treaty relating to the treatment
of goods shall not preclude action by either Party which is required
or specifically permitted by the General Agreement on Tariffs and
Trade during such time as such Party is a contracting party to the
General Agreement. Similarly, the most-favored-nation provisions
of the present Treaty shall not apply to special advantages accorded
by virtue of the aforesaid Agreement.
4. Nationals of either Party admitted into the territories of the
other Party for limited purposes shall not enjoy rights to engage in
gainful occupations in contravention of limitations expressly imposed,
according to law, as a condition of their admittance.

ARTICLE XXII
1. The term "national treatment" means treatment accorded within
the territories of a Party upon terms no less favorable than the treat-
ment accorded therein, in like situations, to nationals, companies,
products, vessels or other objects, as the case may be, of such Party.
2. The term "most-favored-nation treatment" means treatment
accorded within the territories of a Party upon terms no less favor-
able than the treatment accorded therein, in like situations, to na-
tionals, companies, products, vessels or other objects, as the case
may be, of any third country.
3. As used in the present Treaty, the term "companies" means
corporations, partnerships, companies and other associations, whether
or not with limited liability and whether or not for pecuniary profit.
Companies constituted under the applicable laws and regulations
within the territories of either Party shall be deemed companies
thereof and shall have their juridical status recognized with the
territories of the other Party.
4. National treatment accorded under the provisions of the present
Treaty to companies of the Republic of Haiti shall, in any State,
Territory or possession of the United States of America, be the treat-
ment accorded therein to companies created or organized in other
States, Territories, and possessions of the United States of America.

ARTICLE XXIII
The territories to which the present Treaty extends shall comprise
all areas of land and water under the sovereignty or authority of each
Party, other than the Panama Canal Zone and the Trust Territory of
the Pacific Islands.
ARTICLE XXIV
1. Each Party shall accord sympathetic consideration to, and shall
afford adequate opportunity for consultation regarding, such repre-
sentations as the other Party may make with respect to any matter
affecting the operation of the present Treaty.





TREATY BETWEEN THE UNITED STATES AND HAITI


2. Any dispute between the Parties as to the interpretation or
application of the present Treaty, not satisfactorily adjusted by
diplomacy, shall be submitted to the International Court of Justice,
unless the Parties agree to settlement by some other pacific means.
ARTICLE XXV
1. The present Treaty shall be ratified, and the ratifications thereof
shall be exchanged at Port-au-Prince as soon as possible.
* 2. The present Treaty shall enter into force one month after the
day of exchange of ratifications. It shall remain in force for six
years and shall continue in force thereafter until terminated as pro-
vided herein.
3. Either Party may, by giving six months' written notice to the
other Party, terminate the present Treaty at the end of the initial
six-year period or at any time thereafter.
IN WITNESS WHEREOF the respective Plenipotentiaries have signed
the present Treaty and have affixed hereunto their seals.
DONE in duplicate, in the English and French languages, both
equally authentic, at Port-au-Prince, this third day of March, one
thousand nine hundred fifty-five.
[SEAL] RICHARD M. NIXON
RoY TASCO DAVIS
For the Government of the United States of America.
[SEAL] ZEPHIRIN
MARCEL FOMBRUN
For the Government of the Republic of Haiti.


PROTOCOL
At the time of signing the Treaty of Friendship, Commerce and
Navigation between the United States of America and the Republic
of Haiti the undersigned Plenipotentiaries, duly authorized by their
respective Governments, have further agreed on the following provi-
sions, which shall be considered integral parts of the aforesaid Treaty:
1. The provisions of Article II, paragraph 1 (b), shall be con-
strued as extending to a national of either Party seeking to enter the
territories of the other Party solely for the purpose of developing and
directing the operations of an enterprise in the territories of such
other Party in which his employer has invested or is actively in the
process of investing a substantial amount of capital, provided that
such employer is a national or company of the same nationality as the
applicant and that the applicant is employed by such national or
company in a responsible capacity.
2. Each Party reserves the right to impose certain rules of judicial
procedure for foreigners, but it is agreed that in no case should such
rules impair granted rights in Article V, paragraph 1. The term
"access" as used in Article V, paragraph 1, comprehends among
other things, legal aid and security for costs and judgment.





16 TREATY BETWEEN THE UNITED STATES AND HAITI

3. The provisions of Article VI, paragraph 4, providing for the pay-
ment of compensation shall extend to interests held directly or in-
directly by nationals and companies of either Party in property which
is taken within the territories of the other Party.
4. With reference to Article VII, paragraph 4, either Party may
.require that rights to engage the mining on the public domain shall
be dependent on reciprocity.
5. The provisions of Article XVII, paragraph 2 (b) and (c), and of
Article XIX, paragraph 4, shall not apply to postal services.
6. The provisions of Article XXI, paragraph 2, shall apply in the
case of Puerto Rico regardless of any change that may take place in
its political status.
7. Article XXIII does not apply to territories under the authority
of either Party solely as a military base or by reason of temporary
military occupation.
8. It is understood that the Treaty does not preclude a Party from
according State aid to enterprises established within its territories,
without regard to their nationality or that of persons or enterprises
owning or controlling them.
9. Notwithstanding the relevant national treatment provisions of
the Treaty: (a) Haiti retains the right to continue applying existing
legislation regarding the conduct of retail trade and the levy of license
and patentee taxes; (b) Haitian state-owned banks retain the right
in their lending operations to grant special facilities to nationals and
companies of Haiti.
IN WITNESS WHEREOF the respective Plenipotentiaries have signed
this Protocol and have affixed hereunto their seals.
DONE in duplicate, in the English and French languages, both
equally authentic, at Port-au-Prince, this third day of March, one
thousand nine hundred fifty five.
[SEAL] RICHARD M. NIXON
RoY TASCo DAVIS
For the Government of the United States of America.
[SEAL] ZEPHIRIN
MARCEL FOMBRUN
For the Government of the Republic of Haiti.


EXCHANGE OF NOTES
AMERICAN EMBASSY,
Port-au-Prince, April 11, 1955.
No. 183
His Excellency M. CLEMENT JUMELLE,
Secretary of State for Foreign Relations a. i.,
Port-au-Prince.
EXCELLENCY:
I have the honor to refer to the treaty of friendship, commerce, and
navigation between the United States of America and the Republic of
Haiti, signed at Port-au-Prince on March 3, 1955, and to invite





TREATY BETWEEN THE UNITED STATES AND HAITI


attention to certain errors, as indicated below, in the signed original
received by the United States Government.
In the French text there has been omitted from the last sentence of
Article VI, paragraph 2, the phrase "pour la commodity des occupants
et la march des affaires", which phrase should follow the word
"'gards".
In the English text of Article XXII, paragraph 3, the phrase "with
the territories" should be "within the territories".
The Government of the United States of America would appreciate
receiving confirmation from the Government of the Republic of Haiti
that it agrees to the corrections indicated above.
The Government of the United States of America will consider that
this note, together with a concurring note from Your Excellency, will
constitute an agreement between the two Governments with respect
to this matter, to be effective as an integral part of the treaty.
I avail myself of this opportunity to renew to Your Excellency the
assurances of my highest consideration.
RoY TAsco DAVIS

[Translation]
Department of State
for
Foreign Relations REPUBLIC OF HAITI,
EC/A-2 (2): 578/2487 Port-au-Prince, April 25, 1955.
His Excellency Roy TAsco DAVIS,
Ambassador Extraordinary and
Plenipotentiary of the United States of America,
Port-au-Prince.
Mr. AMBASSADOR:
I have the honor to acknowledge receipt of Your Excellency's note
no. 183 of April 11, 1955, reading as follows:
"Excellency:
"I have the honor to refer to the treaty of friendship, commerce,
and navigation between the United States of America and the Republic
of Haiti, signed at Port-au-Prince on March 3, 1955, and to invite
attention to certain errors, as indicated below, in the signed original
received by the United States Government.
"In the French text there has been omitted from the last sentence
of Article VI, paragraph 2, the phrase 'pour la commodity des occu-
pants et la march des affaires', which phrase should follow the word
'6gards'.
"In the English text of Article XXII, paragraph 3, the phrase
'with the territories' should be 'within the territories'.
"The Government of the United States of America would appreciate
receiving the assurance that the Government of the Republic of Haiti
agrees to the corrections indicated above.
"The Government of the United States of America will consider
that this note and Your Excellency's reply constitute an agreement
between the two Governments with respect to this matter, to be
effective as an integral part of the treaty.
"I avail myself of the opportunity to renew to Your Excellency the
assurances of my highest consideration.
/s/ "ROY TASco DAVIS"





18 TREATY BETWEEN THE UNITED STATES AND HAITI
In reply, I have the honor to inform Your Excellency that the
Government of the Republic of Haiti agrees that the corrections indi-
cated in Your Excellency's note no. 183, dated April 11, 1955, should
be made in the Treaty of Friendship, Commerce and Navigation
concluded with the Government of the United States of America.
Furthermore, the Haitian Government agrees that Your Excel-
lency's note and the present note will constitute an agreement between
the two Governments on this matter, to be effective as an integral
part of the treaty.
I avail myself of the opportunity to renew to you, Mr. Ambassador,
the assurances of my highest consideration.
ZEPHIRIN
0