Treaty of Amity and Commerce between the United Mexican States and the Republic of the Philippines
The Parties to this Treaty,
Reaffirming their faith in the purposes and principles of the League of Nations and their desire to live in peace with all peoples and all Governments, and desiring to strengthen the fabric of peace in the Pacific Area,
Agreeing that nothing in this present instrument shall be considered or interpreted as in any way or sense altering or diminishing any existing agreements or understandings between the United Mexican States and the Republic of the Philippines,
Have agreed as follows
Part One – Clauses Relating to Amity
ARTICLE I
The Parties undertake to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the League of Nations. Furthermore, that there shall be a perfect, firm and inviolable peace and friendship between the United Mexican States and its citizens and the Republic of the Philippines and its citizens, throughout their possessions and territories respectively, without distinction of persons or places.
ARTICLE II
Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, have agreed and do agree, to grant to their Envoys, Ministers, and other public Agents, the same favors, immunities and exemptions which those of the most favored nation do or shall enjoy; it being understood that whatever favors, immunities or privileges the United Mexican States or the Republic of the Philippines may find it proper to give the Ministers and public Agents of any other power, shall, by the, same act, be extended to those of each of the contracting parties.
ARTICLE III
To make more effectual the protection which the United Mexican States or the Republic of the Philippines shall afford in future to the navigation and commerce of the citizens and subjects of each other, they agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives and immunities of the Consuls and Vice-Consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient.
ARTICLE IV
In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives and immunities which belong to them by their public character, they shall, before entering in the exercise of their functions, exhibit their commissions or patent, in due form, to the Government to which they are accredited; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates and inhabitants in the consular district in which they reside.
ARTICLE V
It is likewise agreed that the Consuls, their secretaries, officers and persons attached to the service of Consuls, they not being citizens or subjects of the country in which the Consul resides, shall be exempt from all public service and also from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens or subjects and inhabitants, native and foreign, of the country in which they reside are subject; being in everything besides subject to the laws of their respective States. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them.
ARTICLE VI
The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll or other public documents, that those men were part of said crews; and on this demand so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said Consuls, and may be put in the public prison, at the request and expense of those who reclaim them, to be sent to the ships to which they belonged or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall no more be arrested for the same cause.
ARTICLE VII
For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a consular convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties.
ARTICLE VIII
Whenever one of the contracting parties shall be engaged in war with another State, no citizen or subject of the other contracting party shall accept a. commission for the purpose of resisting or cooperating hostilely with the said enemy, against the said party so at war, under the pain of being treated as a pirate.
ARTICLE IX
Neither the debts due from the individuals of the one nation to the individuals of the other, nor shares nor money which they may have in public funds nor in public or private banks, shall ever in any event of war or national difference be sequestrated or confiscated.
Part Two – Clauses Relating to Commerce
ARTICLE X
The United Mexican States and the Republic of the Philippines, desiring to live in peace and harmony with all the other nations by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation if the concession was conditional.
ARTICLE XI
They likewise agree that whatever kind of produce, manufactures or merchandise of any foreign country can be from time to time law fully imported into the United Mexican States, in its own vessels, may be also imported in vessels of the Republic of the Philippines; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in the vessels of the one country or the other. And in like manner, that whatever kind of produce, manufactures or merchandise of any foreign country, can be, from time to time, lawfully imported into the Republic of the Philippines, in its own vessels, may be also imported in vessels of the United Mexican States; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree that whatever may be lawfully exported, or re-exported from the one country in its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties and drawbacks shall be allowed and collected, whether such exportation or re-exportation is made in vessels of the United Mexican States or of the Republic of the Philippines.
ARTICLE XII
No higher or other duties shall be imposed on the importation into the United Mexican States of any articles the produce or manufactures of the Republic of the Philippines, and no higher or other duties shall be imposed on the importation into the Republic of the Philippines of any articles the produce or manufactures of the United Mexican States, than are or shall be payable on the like articles, being the produce or manufactures of any other foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries, on the exportation of any articles to the United Mexican States, or to the Republic of the Philippines, respectively, than such as are payable on the exportation of the like article to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufactures of the United Mexican States, or of the Republic of the Philippines which shall not equally extend to all other nations.
ARTICLE XIII
Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens and subjects of each other, of all occupations, who may be in their territories, subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial intercourse, on the same terms which are usual and customary with the natives or citizens and subjects of the country in which they may be; for which they may employ, in defense of their rights, such advocates, solicitors, notaries, agents and factors, as they may judge proper in all their trials at law.
ARTICLE XIV
It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens or subjects of both the contracting parties, in the countries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens and subjects of one of the contracting parties who may die in the territories of the other shall be buried in the usual burying grounds, or in other decent or suitable places, and shall be protected from violation or disturbance.
ARTICLE XV
That liberty of commerce and navigation shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods shall be comprehended -
* Arms of all kinds, including arms for sporting purposes, and their distinctive component parts
* Projectiles, charges, and cartridges of all kinds, and their distinctive component parts
* Powder and explosives specially prepared for use in war
* Gun-mountings, limber boxes, limbers, military wagons, field forges, and their distinctive component parts
* Clothing and equipment of a distinctively military character
* Aircraft and aviation equipment suitable for use in war
* Motor vehicles or ancillary equipment suitable for use in war
* Articles of camp equipment, and their distinctive component parts
* Armor plates
* Warships and their distinctive component parts of such a nature that they can only be used on a vessel of war
* Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land or sea.
ARTICLE XVI
All other merchandise and things not comprehended in the articles of contraband, expressly enumerated and classified as above, shall be held and considered as free and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at, that time besieged or blockaded; and, to avoid all doubt in this particular, it is declared that those places are only besieged or blockaded which are actually attacked by a force capable of preventing the entry of the neutral.
ARTICLE XVII
The United Mexican States and the Republic of the Philippines, desiring to make as durable as circumstances will permit the relations which are to be established between the two parties by virtue of this treaty, or general convention of peace, amity, commerce and navigation, have declared solemnly and do agree to the following points:
* This Treaty shall remain in force indefinitely. Either Party may terminate it one year after notice has been given to the other Party.
* If any one or more a the citizens or subjects of either party shall infringe any of the articles of this treaty, such citizen or subject shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender or sanction such violation.
* If, (which, indeed, cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any way whatever, it is expressly stipulated, that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed.
* The provisions of this treaty will enter into force thirty days from the final exchange of instruments of ratification.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.
Republic of the Philippines: Ramon Reynado, Envoy Plenipotentiary of the Republic of the Philippines
United Mexican States: Ezequiel Padilla Peñaloza, Secretary of Foreign Affairs
DONE in duplicate at Mexico City this ninth day of April, 1942
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