The Avalon Project at Yale Law School

Belgian-American Diplomacy
Treaty of Commerce and Navigation : November 10, 1845(1)

Art 1 Art 2 Art 3 Art 4 Art 5 Art 6 Art 7 Art 8 Art 9 Art 10
Art 11 Art 12 Art 13 Art 14 Art 15 Art 16 Art 17 Art 18 Art 19 Art 20


Concluded November 10, 1845,
Ratification, advised by the Senate March 26, 1846;
Ratified by the President March 30, 1846;
Ratifications exchanged March 30, 1846;
Proclaimed March 31, 1846.


The United States of America on the one part, and His Majesty the King of the Belgians on the other part, wishing to regulate in a formal manner their reciprocal relations of commerce and navigation, and further to strengthen, through the development of their interests respectively, the bonds of friendship and good understanding so happily established between the Governments and people of the two countries; and desiring, with this view, to conclude, by common agreement, a treaty establishing conditions equally advantageous to the commerce and navigation of both States, have, to that effect, appointed as their Plenipotentiaries, namely:

The President of the United States, Thomas G. Clemson, Charge d'Affaires of the United States of America to His Majesty the King of the Belgians; and His Majesty the King of the Belgians. M. Adolphe Dechamps, Officer of the Order of Leopold, Knight of the Order of the Red Eagle of the first class, Grand Cross of the Order of St. Michael of Bavaria, his Minister for Foreign Affairs, a member of the Chamber of Representants;

Who, after having communicated to each other their full powers., ascertained to be in good and proper form, have agreed and concluded the following articles:

ARTICLE I.

There shall be full and entire freedom of commerce and navigation between the inhabitants of the two countries; and the same security and protection which is enjoyed by the citizens or subjects of each country shall be guaranteed on both sides. The said inhabitants, whether established or temporarily residing within any ports, cities or places whatever, of the two countries, shall not, on account of their commerce or industry, pay any other or higher duties, taxes, or imposts, than those which shall be levied on citizens or. subjects of the In which they may be; and the privileges, immunities, and other favors, with regard to commerce or industry, enjoyed by the other citizens or subjects of one of the two States, shall be common to those of the other.

ARTICLE II.

Belgian vessels, whether coming from a Belgian or a foreign port, shall not pay, either on entering or, leaving the ports. of the United States, whatever may be their destination, any other or higher duties of tonnage, pilotage, anchorage, buoys, light-houses, clearance, brokerage or, generally, other charges whatsoever than are required from vessels of the United States in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, countries, districts, townships, corporations or any other divisions or' jurisdiction, whatever may be its designation.

ARTICLE III.

Reciprocally, vessels of the United States, whether coming from a port of said States or from a foreign port, shall not pay, either on entering or leaving the ports of Belgium, whatever may be their destination, any other or higher duties of tonnage, pilotage, anchorage. buoys, light-houses, clearance, brokerage or generally, other charges whatever than are required from Belgian vessels in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, countries, districts, townships, corporations or any other division or jurisdiction, whatever be its designation.

ARTICLE IV.

The restitution by Belgium of the duty levied by the Government of the Netherlands on the navigation of the Scheldt(2), in virtue of the third paragraph of the ninth article of the treaty of April nineteenth, eighteen hundred and thirty-nine, is guaranteed to the vessels of the United States.

ARTICLE V.

Steam vessels of the United States and of Belgium, engaged in regular navigation between the United States and Belgium, shall be exempt in both countries from the payment of duties of tonnage, anchorage, buoys and light-houses.

ARTICLE VI.

As regards the coasting trade between the ports of either country, the vessels of the two nations shall be treated on both sides on the same footing with the vessels of the most favored nation.

ARTICLE VII.

Articles of every description, whether proceeding from the soil, industry or warehouses of Belgium, directly imported therefrom, into the ports of the United States, in Belgian vessels, shall pay no other or higher duties of import than if they were imported under the flag of said States.

And reciprocally, articles of every description directly imported into Belgium from the United States, under the flag of the said States, shall pay no other or higher duties than if they were imported under the Belgian flag.

It is well understood:

1st. That the goods shall have been really put on board in the ports from which they are declared respectively to come.

2d. That a putting-in at an intermediate port, produced by uncontrollable circumstances, duly proved, does not occasion the forfeiture of the advantage allowed to direct importation.

ARTICLE VIII.

Articles of every description, imported into the United States from other countries than Belgium, under the Belgian flag, shall pay no other or higher duties whatsoever than if they had been imported under the flag of the most favored foreign nation, other than the flag of the country from which the importation is made. And reciprocally, articles of every description imported under the flag of the United States into Belgium, from other countries than the United States, shall pay no other or higher duties whatsoever than if they had been imported under the flag of the foreign nation most favored, other than that of the country from which the importation is made.

ARTICLE IX.

Articles of every description, exported by Belgian vessels, or by those of the United States of America, from the ports of either country to any country whatsoever, shall be subjected to no other duties or formalities than such as are required for exportation under the flag of the country where the shipment is made.

ARTICLE X

.

All premiums, drawbacks or other favors of like nature, which may be allowed in the States of either of the contracting parties, upon goods imported or exported in national vessels, shall be likewise, and in the same manner, allowed upon goods imported directly from one of the two countries by its vessels into the other, or exported from one of the countries by the vessels of the other to any destination whatsoever.

ARTICLE XI.

The preceding article is, however, not to apply to the importation of salt, and of the produce of the national fisheries; each of the two parties reserving to itself the faculty of granting special privileges or the importation of those articles under its own flag.

ARTICLE XII.

The high contracting parties agree to consider and to treat as Belgian vessels, and as vessels of the United States, all those which being provided by the competent authority with a passport, sea letter(3) or any other sufficient document, shall be recognized conformably with existing laws as national vessels in the country to which they respectively belong.

ARTICLE XIII.

Belgian vessels and those of the United States may, conformable with the laws of the two countries, retain on board, in the ports of both, such parts of their cargoes as may be destined for a foreign country. and such parts shall not be subjected, either while they remain on board, or upon re-exportation, to any charges whatsoever other than those for the prevention of smuggling.

ARTICLE XIV.

During the period allowed by the laws of the two countries respectively for the warehousing of goods, no duties, other than those of watch and storage, shall be levied upon articles brought from either country into the other, while awaiting transit, re-exportation or entry for consumption. Such goods shall in no case be subject to higher warehouse charges or, to other formalities than if they had been imported under the flag of the. country.

ARTICLE XV.

In all that relates to duties of customs and navigation, the two high contracting parties promise, reciprocally, not to grant any favor, privilege or immunity to any other State, which shall not instantly become common to the citizens and subjects of both parties respectively; gratuitously, if the concession or favor to such other State is gratuitous, and on allowing the same compensation or its equivalent if the concession is conditional.

Neither of the contracting parties shall lay upon goods proceeding from the soil or the industry of the other party, which may be imported into its ports, any other or higher duties of importation or re-exportation than are laid upon the importation and re-exportation of similar goods coming from any other foreign country.

ARTICLE XVI.

In cases of shipwreck, damages at sea or forced putting-in, each party shall afford to the vessels of the other, whether belonging to the State or to individuals, the same assistance and protection, and the same immunities, which would have been granted to its own vessels in similar cases.

ARTICLE XVII.

It is moreover agreed between the two contracting parties that the, Consuls and Vice-Consuls of the United States in the ports of Belgium, and, reciprocally, the Consuls and Vice-Consuls of Belgium in the ports of the United States, shall continue to enjoy all the privileges, protection and assistance usually granted to them, and which may be necessary for the proper discharge of their functions. The said Consuls and Vice-Consuls may cause to be arrested and sent back, either to their vessels or to their country, such seamen as may have deserted from the vessels of their nation. To this end they shall apply in writing to the competent local authorities, and they shall prove, by exhibition of the vessel's crew list, or other document, or, if she shall have departed, by copy of said documents, duly certified by them, that the seamen whom they claim formed part of the said crew. Upon such demand, thus supported, the delivery of the deserters shall not be refused. They shall, moreover, receive all aid and assistance in searching for, seizing and arresting such deserters, who shall, upon the requisition and at the expense of the Consul or Vice-Consul, be confined and kept in the prisons of the country until be shall have found an opportunity for sending them home. If, however, such an opportunity should not occur within three months after the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause. It is, however, understood that seamen of the country in which the desertion shall occur are excepted from these provisions, unless they be naturalized citizens or subjects of the other country.

ARTICLE XVIII.

Articles of all kinds, the transit of which is allowed in Belgium, coming from or going to the United States, shall be exempt from all transit duty in Belgium, when the transportation through the Belgian territory is effected on the railroads of the State.

ARTICLE XIX.

The present treaty shall be in force during ten years from the date of the exchange of the ratifications, and until the expiration of twelve months after either of the high contracting parties shall have announced to the other its intention to terminate the operation thereof; each party reserving to itself the right of making such declaration to the other at the end of the ten years above mentioned; and it is agreed, that after the expiration of the twelve months of prolongation accorded on both sides, this treaty and all its stipulations shall cease to be in force.

ARTICLE XX.

This treaty shall be ratified and the ratifications shall be exchanged at Washington within the term of six months after its date, or sooner if possible; and the treaty shall be put in execution within the term of twelve months.

In faith whereof the respective Plenipotentiaries have signed the present treaty, in duplicate, and have affixed thereto their seals.

Brussels, the tenth of November, eighteen hundred and forty-five.

[SEAL.] THOS. G. CLEMSON.
[SEAL.] DECHAMPS.

(1) This treaty was terminated August 20, 1858, by notice given by the Belgium Government.Back

(2) A river that originates in northern France and flows through Belgium and the Netherlands on it way to the North Sea. (Note added by the Avalon Project). Back

3 A Sea-letter is a type of manifest containing a description of the a ship's cargo, including the port of origin and the port of destination. This is one of the necessary documents to be carried by a neutral vessel in time of war to prove their nationality. The last sea-letter issued by the United States was at the Port of New York in 1806. Sea-letters were discontinued by Proclamation of President Madison in 1815. (Note added by the Avalon Project; Verified in Black's Law Dictionary, West Publishing, 1990.)Back



Source:
Treaties, Conventions, International Acts and Agreements Between the United States of America and Other Powers 1776-1909.
Compiled by William M. Malloy
Under Resolution of the Senate of January 18, 1909
Washington : Government Printing Office, 1910.

USMARC Cataloging Record

American Diplomacy Page Belgian-American Diplomacy Page Avalon Home Page