1917

COMMERCIAL TREA.TY BETWEEN UNITED STATES AND CHINA
offices, stations and barriers for collecting the same, and of all descriptions of internal
taxation on foreign goods, and the imposition of the surtax on the,import of foreign
goods and on the export of native goods, and the other fiscal changes and reforms
provided for in this Article, all of which shall take effect from the said date. The
Edict shall state that the provincial high officials are responsible that any official
disregarding the letter or the spirit of its injunction shall be severely punished and
removed from his post.
Art. V.—The tariff duties to be paid by citizens of the United States on goods
imported into China shall be as set forth in the schedule annexed hereto and made
part of this Treaty, subject only to such amendment and changes as are authorised
by Article IV. of the present Convention, or as may hereafter be agreed upon by the
present high contracting parties. It is expressly agreed, however, that citizens of
the United States shall at no time pay other or higher duties than those paid by the
citizens or subjects of the most favoured nation.
Conversely, Chinese subjects shall not pay higher duties on their imports into the
United States than those paid by the citizens or subjects of the most favoured nation.
Art. VI.—The Government of China agrees to the establishment by citizens of the
United States of warehouses approved by the proper Chinese authorities as bonded
warehouses at the several open ports of China, for storage, re-packing, or preparation
for shipment of lawful goods, subject to such needful regulations for the protection
of the revenue of China, including a reasonable scale of fees according to com¬
modities, distance from the Custom-house, and hours of working, as shall be made
from time to time by the proper officers of the Government of China.
Art. VII.—The Chinese Government, recognising that it is advantageous for
the country to develop its mineral resources, and that it is desirable to attract foreign
as well as Chinese capital to embark in mining enterprises, agrees, within one year
from the signing of this Treaty, to initiate and conclude the revision of the existing
mining regulations. To this end China will, with all expedition and earnestness, go
into the whole question of mining rules; and, selecting from the rules of the United
States and other countries, regulations which seem applicable to the condition of
China, will recast its present mining rules in such a way as, while promoting the
interests of Chinese subjects and not injuring in any way the sovereign rights of
China, will offer no impediment to the attraction of foreign capital nor place foreign
capitalists at a greater disadvantage than they would be under generally accepted
foreign regulations ; and will permit citizens of the United States to carry on in
Chinese territory mining operations and other necessary business relating thereto,
provided they comply with the new regulations and conditions which may be imposed
by China on its subjects and foreigners alike, relating to the opening of mines, the
renting of mineral land, and the payment of royalty, and provided they apply for
permits, the provisions of which in regard to necessary business relating to such
operations shall be observed. The residence of citizens of the United States in
connection with such mining operations shall be subject to such regulations as shall
be agreed upon between the United States and China.
Any mining concession granted after the publication of such new rules shall be
subject to their provisions.
Art. VIII.—Drawback certificates for the return of duties shall be issued by the
Imperial Maritime Customs to citizens of the United States within three weets of
the presentation to the Customs of the papers entitling the applicant to receive such
drawback certificates, and they shall be receivable at their face value in payment of
duties of all kinds (tonnage dues excepted) at the port of issue; or shall, in the case
of drawbacks on foreign goods re-exported within three years from the date of
importation, be redeemable by the Imperial Maritime Customs in full in ready money
at the port of issue, at the option of the holders thereof. But if, in connection with
any application for a drawback certificate, the Customs authorities discover an
attempt to defraud the revenue, the applicant shall be dealt with and punished in
accordance with the stipulations provided in the Treaty of Tientsin, Article XXI., in
the case of detected frauds on the revenue. In case the goods have been removed