File No. 551/83–84.
[Inclosure—Translation.]
Russo-Chinese experimental regulations for the
establishment of customs-houses in North Manchuria.
Agreement of July 28,
1907.
I.
The convention for the land trade between Russia and China (1862)
provides that no duties shall be levied on the frontier of the two
countries within the limit of 100 li (30 miles);a and the Chinese
Eastern Railway agreement provides that China must establish customs
stations where the railway line crosses the frontier.b
Now, therefore, China agrees not to collect duty for the present upon
goods shipped by railway to the stations within the 100–li limit on
the frontier.
II.
Certain areas shall be fixed within which goods shipped by rail shall
be required to pay but two-thirds of regular import duty.
At Harbin, the main station on the line, such two-thirds duty area
shall extend to all points within a radius of 10 Chinese li (3
miles) from the station. At the following more important places such
area shall extend to a distance of 5 li in each direction from the
station, viz: Man-chu-li, Cha-lai-no-erh,
[Page 139]
Cha-lan-t’un, Fn-lu-erh-chi, Tsitsi-ha-erh,
A-shih-ho, I-mien-p’o, Hai-lin, Yieh-ho, Mu-lin, Chiao-chie-chan,
Shuang-cheng-p’u, Lao-sbao-kou, Yao-men, and K’una-ch’eng-tzu. The
two-thirds duty regulation shall be put into effect at all the above
places, and within the area around each as stipulated, with the
exception, however, of Man-chu-li and Chiao-chie-chan (on the
Sui-fen River) both of which places are situated within the 100–li
duty-free limit. In addition to the above, there shall be two-thirds
duty areas extending to a distance of three li in each direction
from all the smaller stations on the Eastern Railway.
If, however, such goods are shipped out of the places above mentioned
and the areas described, all other places being in inland territory,
the full amount of the regular duty thereon must be made up and the
goods considered subject to inland trade regulations.
III
This reduction of one-third of the regular import duty on goods
shipped by railway is made by special agreement between China and
Russia. China agrees, however, that not only Russian but all foreign
merchandise shipped to China over the Eastern Railway, are equally
affected.
Russia, on her part, agrees that all duty collected on goods which
are not exempt from duty by the terms of the Russo-Chinese land
trade convention shall be levied according to the new customs
tariff, one-third of the regular amount being deducted.
IV
These articles of agreement shall serve in a general way for
experimental regulations for North Manchnrian customs-houses. If it
shall become necessary to make any additions or alterations therein,
or if any corrections shall be found necessary in order that the
regulations shall be in harmony with Chinese customs procedure, such
changes may be considered and decided upon by both parties to this
agreement after one year.
As to detailed regulations for customs-houses, the mapping of the
different areas, and the locating of small stations, these matters
shall be discussed and decided as soon as possible by
representatives of the two countries.
exposition of article ii.
Some controversy with regard to the interpretation of Article II of
the above agreement having occurred, the Chinese board of foreign
affairs at a later date officially communicated the following
explanation of its understanding of that article to the Russian
minister in Peking and received his acceptance of the same:
Article II of the experimental regulations agreed upon by China and
Russia for the opening of customs-houses in northern Manchuria
contains the following clause:
“If, however, such goods are shipped out of the places above
mentioned and the areas described, all other places being in inland
territory, the full amount of the regular duty thereon must be made
up and the goods considered subject to inland trade
regulations.”
The meaning of this article is that all goods shipped out of the
places mentioned and the areas described will (since all other
places are considered to be within inland territory) be required to
make up the full amount of the regular import duty by paying the
one-third not previously collected. This additional one-third duty
will take the place of a transit duty, and upon payment thereof a
pass will be issued permitting the goods to be shipped to any point
within the three eastern Provinces (Manchuria) under the inland
trade regulations. Without such pass the goods will be subject to
likin and other duties at all customs barriers passed. Furthermore,
if it is proposed to ship these goods upon which the full import
duty has been paid from the three eastern Provinces into China
proper then a further half-duty will be collected thereon in
accordance with the regular customs tariff, this being the transit
duty for China proper. Upon payment of this duty a pass will be
issued exempting the goods from further duty, but without such pass
likin and other duties will be collected at all customs barriers
passed.
And in addition it is clearly understood that this plan as explained
is experimental, even as the regulations themselves, and if any
additions or alterations are found necessary a consideration of the
matter shall be held by both parties to this agreement one year
hence.
