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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa

Liberia,   pp. 785-857 PDF (27.0 MB)

Page 801

Article X
  The Liberian Government requests a definition of the term "non-
commercial transactions used in connection with the article concerning
the transfer of foreign exchange".
  Commercial transactions may be taken to mean payments for goods,
and payments incidental to the transportation of goods, such as
freight and insurance. Non-commercial transactions refer to all
other payments, for example, payments for loans, the interest on
loans, and payments of the proceeds of estates.
Article XIV
  The Liberian Government suggests the deletion of the second sen-
tence of the article which provides specifically for national treatment
of shipping in connection with tonnage and other taxes. It must be
pointed out that the second sentence adds little to the principle enun-
ciated in the first sentence which is apparently acceptable to the
Liberian Government. The Department does not understand the
objection to the second sentence if the first be acceptable. Moreover,
it does not see that a guarantee of national treatment with respect to
tonnage taxes will decrease current revenues and instructs you to
inquire whether port and harbor dues are now higher on foreign than
national vessels.
  The principle of national treatment of shipping was laid down in
an act of Congress of March 3, 1815.10 That policy has been in force
between the United States and Great Britain for more than one hun-
dred years as evidenced by Presidential Proclamation of October 5,
1830," and Order in Council of November 5, 1830.12 It is embodied
in a great number of treaties among the maritime powers and has
been invariably included in the modern treaties of the United States
touching navigation- (see, for example, commercial treaty with
Germany 1923,13 Italy 1871 14 and Norway 1928 lO). It is to be hoped
that the Liberian Government will subscribe to so widely accepted a
Article XVII
  This Government has examined with care the Liberian counter
proposal for an article dealing with the juridical personality of cor-
porations and associations. It is noted that the Liberian proposal
restricts such recognition to commercial companies and associations.
103 Stat. 224.
114 Stat. 817.
2 British and Foreign State Papers, vol. XVII, p. 893.
13 Signed at Washington, December 8, 1923, Foreign Relations, 1923, vol.
II, p. 29.
14 Signed at Florence, February 26, -1871, Malloy, Treaties, 1776-1909, vol.
p. 969.
16 Signed at Washington, June 5, 1928, Foreign Relations, 1928, vol. iII,
p. 646.

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