Signed at Bangkok, December 8, 1937
His Majesty the Emperor of Japan and His Majesty the King of Siam, being desirous of strengthening the relations of amity and good understanding which happily exist between the two States, and being convinced that this can best be accomplished by revising the treaties hitherto existing between the two countries, have resolved to complete such revision, based upon the principles of reciprocity, equity and mutual benefit, and for that purpose have named as their Plenipotentiaries, that is to say:
His Majesty the Emperor of Japan: Kuramatsu Murai, Jusii, Third Class of the Imperial Order of the Sacred Treasure, His Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Siam;
His Majesty the King of Siam: Luang Pradist Manudharm (Pridi Banomyong), Minister of Foreign Affairs;
Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles:
ARTICLE I
There shall be constant peace and perpetual friendship between Japan and Siam.
ARTICLE II
The subjects of each of the High Contracting Parties shall have full liberty to enter, travel, and reside in the territories of the other, and conforming themselves to the laws and regulations of the country—
1. Shall in all that relate to travel and residence, be placed in all respects on the same footing as native subjects.
2. They shall have the right, equally with native subjects, to carry on their commerce and manufacture, and to trade in all kinds of merchandise of lawful commerce, either in person or by agents, singly or in partnership with foreigners or native subjects.
3. They shall be permitted, on the same footing as native subjects, to engage in religious, educational and charitable work.
4. They shall be permitted to own or lease and occupy houses, manufactories, warehouses and shops which may be necessary for them, and to lease land for residential, commercial, industrial, religious, charitable and other lawful purposes and for use as cemeteries in the same manner as native subjects.
5. They shall not be compelled, under any pretext whatsoever, to pay any internal charges or taxes other or higher than those that are or may be paid by native subjects.
6. They shall receive, in the territories of the other, the most constant protection and security for their persons and property and shall enjoy in this respect the same rights and privileges as are or may be granted to native subjects.
7. In all that relates to industrial pursuits, and to callings and professions as well as to educational studies, they shall, throughout the whole extent of the territories of the other, be placed in all respects on the same footing as the subjects or citizens of the most favoured nation.
8. As regards the acquisition and possession of movable property, as well as the disposition of property rights of every description, they shall, in conformity with the laws and regulations in force in the country, enjoy the same treatment as accorded to native subjects.
9. And as regards the acquisition and possession of immovable property, they shall, in the whole extent of the territories of the other, enjoy, on condition of reciprocity, the most-favoured-nation treatment.
ARTICLE III
The subjects of each of the High Contracting Parties shall be exempt in the territories of the other from compulsory military service on land, on sea, or in the air, in the regular forces, or in the national guard, or in the militia; from all contributions in money or in kind, imposed in lieu of personal military service, and from all forced loans or military contributions. They shall not be subjected, in time of peace or in time of war, to military requisi-
tions except as imposed upon native subjects, and they shall reciprocally be entitled to compensation payable to native subjects by the laws and regulations in force in the respective countries. With regard to the foregoing provisions, the subjects of each of the High Contracting Parties shall not be treated in the territories of the other less favourably than the subjects or citizens of the most favoured nation.
ARTICLE IV
The subjects of each of the High Contracting Parties shall enjoy in the territories of the other entire liberty of conscience, and, subject to the laws and regulations in force in the country, shall enjoy the right of private or public exercise of their worship.
ARTICLE V
The subjects of each of the High Contracting Parties shall have free access to the Courts of Justice of the other in pursuit and defence of their rights; they shall be at liberty, equally with native subjects, and with the subjects or citizens of the most favoured nation, to choose and employ lawyers, advocates and representatives to pursue and defend their rights before such Courts.
There shall be no conditions or requirements imposed upon the subjects of either of the High Contracting Parties in connection with such access to the Courts of Justice of the other, which do not apply to native subjects or to the subjects or citizens of the most favoured nation.
ARTICLE VI
The dwellings, warehouses, manufactories and shops and all other property of the subjects of each of the High Contracting Parties in the territories of the other, and all premises appertaining thereto used for lawful purposes, shall be respected. It shall not be allowable to proceed to make a domiciliary visit to, or a search of, any such buildings and premises, or to examine or inspect books, papers, or accounts, except under the conditions and with the forms prescribed by the laws and regulations for native subjects.
ARTICLE VII
There shall be reciprocally full and entire freedom of commerce and navigation between the territories of the two High Contracting Parties.
The subjects of each of the High Contracting Parties shall have liberty freely to come with their ships and cargoes to all places, ports and rivers in the territories of the other which are or may be opened to foreign commerce and navigation, and, conforming themselves to the laws and regulations of the country to which they thus come, shall enjoy the same rights, privileges, liberties, favours, immunities and exemptions in matters of commerce and navigation as are or may be enjoyed by the subjects or citizens of the most favoured nation.
ARTICLE VIII
Neither High Contracting Party shall establish or maintain prohibitions or restrictions on imports from or exports to the territories of the other Party which are not applied to the import and export of any like article originating in or destined for any other country.
The preceding provisions are not, however, applicable to such prohibitions or restrictions as follows, provided that they are applicable to all countries where similar conditions prevail:
(1) Prohibitions, restrictions or regulations for the enforcement of laws and regulations for the protection of public security or public health, including laws and regulations prohibiting or restricting the importation, exportation, or sale of alcohol or alcoholic beverages or of opium, the coca leaf, their derivatives, and other narcotic drugs;
(2) Prohibitions or restrictions on the trade or traffic in arms and munitions of war, and in exceptional circumstances other materials needed in war, it being agreed in this regard that either High Contracting Party may, in the event of its being engaged in war, enforce such import or export restrictions as may be required by the national interest;
(3) Prohibitions or restrictions necessary for the protection of animal or plant life against disease, harmful pests or extinction;
(4) Prohibitions or restrictions upon articles which, as regards production or trade, are or may hereafter be subject within the country to a monopoly exercised by or under the control of the State;
(5) Prohibitions or restrictions with regard to articles similr [sic] to those domes-
tic articles whose internal production, sale, or transport is forbidden or similarly restricted by the national law.
ARTICLE IX
The High Contracting Parties agree not to obstruct mutual commerce between the two countries by any prohibition or restriction placed upon the transit of article, subject to the following exceptions which, however, shall be applicable to all countries alike or to those countries where similar conditions prevail:
(1) Prohibitions or restrictions for reasons of public security or public health;
(2) Prohibitions or restrictions on the trade or traffic in arms and munitions of war under extraordinary circumstances;
(3) Prohibitions or restrictions necessary for the protection of animal or plant life against disease, harmful pests or extinction.
ARTICLE X
It is agreed that the Customs tariffs applicable to articles, the produce or manufacture of either of the High Contracting Parties imported into the territories of the other shall be regulated by the laws and regulations of the country of importation.
No other or higher duties shall be imposed on the importation into the territories of either of the High Contracting Parties of any article, the produce or manufacture of the territories of the other, from whatever place arriving, than on the like article produced or manufactured in any other foreign country, from whatever place arriving.
No other or higher duties, taxes or charges of any kind shall be imposed in the territories of either of the High Contracting Parties in respect of any article exported to the territories of the other, than such as are or may be payable in respect of the like article exported to any other foreign country.
ARTICLE XI
No internal duties levied for the benefit of the State, local authorities, or corporations which affect, or may affect, the production, manufacture, or consumption of any article in the territories of either of the High Contract- ing Parties shall for any reason be a higher or more burdensome charge on articles, the produce or manufacture of the territories of the other, than on similar articles of native origin.
ARTICLE XII
The subjects of each of the High Contracting Parties shall enjoy in the territories of the other a perfect equality of treatment with native subjects in all that relates to transit duties, warehousing, facilities, the examination and appraisement of merchandise and drawbacks.
ARTICLE XIII
Merchants and manufacturers, subjects of one of the High Contracting Parties, may, in the territories of the other, either personally or by means of commercial travellers, make purchases or collect orders, with or without samples, and such merchants, manufacturers, and their commercial travellers, while so making purchases and collecting orders, shall, in the matter of taxation and facilities, enjoy the most-favoured-nation treatment.
Articles imported as samples for the purposes above mentioned shall, in each country, be temporarily admitted free of duty on compliance with the Customs regulations and formalities established in order to assure their re-exportation or the payment of the prescribed charges if not re-exported within the period allowed by law. But the foregoing privilege shall not extend to articles which, owing to their quantity or value, cannot be considered as samples, or which, owing to their nature, could not be identified upon re-exportation. The determination of the question of qualification of samples for duty-free admission rests in all cases exclusively with the competent authorities of the place where the importation is effected.
ARTICLE XIV
Marks, stamps, or seals placed upon the samples mentioned in the preceding Article by the Customs authorities of either High Contracting Party at the time of exportation, and any officially attested list of such samples containing a full description thereof issued by them, shall be reciprocally accepted by the Customs officials of the other as
establishing their character as samples and exempting them from inspection, except so far as may be necessary to establish that the samples produced are those enumerated in the list. The Customs authorities of either High Contracting Party may, however, affix a supplementary mark to such samples in special cases where they may think this precaution necessary.
ARTICLE XV
Any authorities recognised in the territories of one of the High Contracting Parties as competent for the issue of such identity certificates as may be required for merchants, manufacturers and commercial travellers shall be accepted by the other as competent authorities in that regard.
Each of the High Contracting Parties will inform the other what are the competent authorities for the issue of these certificates as well as of the forms which are required.
ARTICLE XVI
The subjects of each of the High Contracting Parties shall have in the territories of the other the same rights as native subjects in regard to patents for inventions, trade-marks, trade-names, designs and copyright in literary and artistic works, upon fulfilment of the formalities prescribed by the laws and regulations in force in the country.
ARTICLE XVII
Limited-liability and other companies and associations, already or hereafter to be organized in accordance with the laws and regulations of either High Contracting Party, are authorized in the territories of the other, to exercise their rights and appear in the Courts either as plaintiffs or defendants, subject to the laws and regulations of such other Party.
There shall be no conditions or requirements imposed upon companies and associations organized in accordance with the laws and regulations of either High Contracting Party in connection with such access to the Courts of Justice of the other which do not apply to such native companies and associations or those of the most favoured nation.
As regards the acquisition and possession of movable property, as well as the disposition of property rights of every description, companies and associations above mentioned shall, in conformity with the laws and regulations in force in the country, enjoy the same treatment as accorded to native companies and associations. Furthermore as regards the acquisition and possession of immovable property, they shall, on condition of reciprocity, enjoy the most-favoured-nation treatment. It is also understood that, as regards the right to engage in various kinds of commerce and industry, the companies and associations in question shall, subject to the observance of the laws and regulations of public order, enjoy the same rights and privileges as are or may be granted to the like companies and associations of the most favoured nation.
ARTICLE XVIII
Each of the High Contracting Parties shall permit the importation or exportation of all merchandise which may be legally imported or exported, and also the carriage of passengers from or to their respective territories, upon the vessels of the other, and such vessels, their cargoes and passengers shall enjoy the same privileges as, and shall not be subjected to any other or higher duties, charges or restrictions than national vessels and their cargoes and passengers, or the vessels, cargoes and passengers of the most favoured nation.
ARTICLE XIX
In all that concerns the entering, clearing, stationing, loading and unloading of vessels in the ports, basins, docks, road-steads, harbours, or rivers of the two countries, no privilege shall be granted to vessels of a third country which shall not equally be granted to vessels of the other country; the intention of the High Contracting Parties being that in these respects the vessels of each shall receive the treatment accorded to vessels of the most favoured nation.
ARTICLE XX
No duties of tonnage, harbour, pilotage, lighthouse, quarantine or other similar or corresponding duties of whatever nature, or under whatever denomination levied in the name or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind shall be imposed in the ports of the
territories of either country upon the vessels of the other country, which shall not equally and under the same conditions be imposed in the like cases on the vessels of the most favoured nation. Such equality of treatment shall apply reciprocally to the vessels of the respective countries, from whatever port or place they may arrive, and whatever may be their place of destination.
ARTICLE XXI
Any ship of war or merchant vessel of either of the High Contracting Parties which may be compelled by stress of weather, or by reason of any other distress, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary supplies, and put to sea again, without paying any dues other than such as would be payable by national vessels. In case, however, the master of a merchant vessel should be under the necessity of disposing of a part of his cargo in order to defray the expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come.
If any ship of war or merchant vessel of one of the High Contracting Parties should run aground or be wrecked upon the coasts of the other, the local authorities shall give prompt notice of the occurrence to the Consular Officer residing in the district or to the nearest Consular Officer of the other country.
Such stranded or wrecked ship or vessel and all parts thereof, and all furniture and appurtenances belonging thereto, and all goods and merchandise saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents, when claimed by them.
If such owners or agents are not on the spot, the aforesaid property or proceeds from the sale thereof and the papers found on board the vessel shall be delivered to the proper Consular Officer of the High Contracting Party whose vessel is wrecked or stranded, provided that such Consular Officer shall make claim within the period fixed by the laws and regulations of the country in which the wreck or stranding occurred, and such Consular Officers, owners or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of the wreck or stranding of a national vessel. The goods and merchandise saved from the wreck or stranding shall be exempt from all duties of the Customs unless cleared for consumption, in which case they shall pay ordinary duties.
In the case of a ship or vessel belonging to the subjects of one of the High Contracting Parties being driven in by stress of weather, run aground or wrecked in the territories of the other, the proper Consular Officer of the High Contracting Party to which the vessel belongs, shall, if the owners or their agents are not present, or are present but require it, be authorized to interpose in order to afford the necessary assistance to the subjects of his State.
ARTICLE XXII
The vessels of war of each of the High Contracting Parties may enter, remain and make repairs in those ports and places of the other to which the vessels of war of other nations are accorded access; they shall submit to the same regulations and enjoy the same honours, advantages, privileges and exemptions as are now, or may hereafter be conceded to the vessels of war of any other nation.
ARTICLE XXIII
Vessels charged with performance of regular scheduled postal service of one of the High Contracting Parties shall enjoy in the territorial waters of the other the same special facilities, privileges, and immunities as are granted to like vessels of the most favoured nation.
ARTICLE XXIV
The Consular Officers of each of the High Contracting Parties residing in the territories of the other shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of the former Party.
It is understood that this stipulation shall not apply to the subjects of the country where the desertion takes place.
ARTICLE XXV
Each of the High Contracting Parties may appoint Consuls-General, Consuls
Vice-Consuls and other Consular Officers or Agents to reside in the towns and ports of the territories of the other where similar officers of other countries are permitted to reside.
Such Consular Officers and Agents, however, shall not enter upon their functions until they shall have been approved and admitted by the Government to which they are sent.
They shall be entitled, on condition of reciprocity, to exercise all the powers and enjoy all the honours, privileges, exemptions and immunities of every kind which are, or may be, accorded to Consular Officers of the most favoured nation.
ARTICLE XXVI
In case of the death of a subject of one of the High Contracting Parties in the territories of the other without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest Consular Officer of the nation to which the deceased belonged, in order that necessary information may be immediately forwarded to parties interested.
In case of the death of a subject of one of the High Contracting Parties in the territories of the other, without leaving at the place of his decease any person entitled by the laws and regulations of his country to take charge of and administer the estate, the competent Consular Officer of the State to which the deceased belonged shall upon fulfilment of the necessary formalities, be empowered to take custody of and administer the estate in the manner and under the limitations prescribed by the laws and regulations of the country in which the property of the deceased is situated.
The foregoing provision shall also apply in case of a subject of one of the High Contracting Parties dying outside the territories of the other, but possessing property therein, without leaving any person there entitled to take charge of and administer the estate.
ARTICLE XXVII
The coasting trade of both the High Contracting Parties is excepted from the provisions of the present Treaty, and shall be regulated according to the laws and regulations of Japan and Siam respectively. It is, however, understood that the subjects and vessels of either High Contracting Party shall enjoy in this respect most-favoured-nation treatment in the territories of the other.
Japanese and Siamese vessels may, nevertheless, proceed from one port to another, either for the purpose of landing the whole or part of their passengers or cargoes brought from abroad, or of taking on board the whole or part of their passengers or cargoes for a foreign destination.
It is also understood that, in the event of the coasting trade of either Party being exclusively reserved to national vessels, the vessels of the other Party, if engaged in trade to or from places not within the limits of the coasting trade so reserved, shall not be prohibited from the carriage between two ports of the territories of the former Party of passengers holding through tickets, or merchandise consigned on through bills of lading to or from places not within the above-mentioned limits, and while engaged in such carriage these vessels and their cargoes shall enjoy the full privileges of this Treaty.
ARTICLE XXVIII
The provisions of the present Treaty as regards the most-favoured-nation treatment do not apply to:
(1) Favours, advantages and privileges which are or may be granted by either of the High Contracting Parties to an adjoining State with the object of facilitating frontier traffic within a limited zone on each side of the frontier;
(2) Favours, advantages and privileges granted or to be granted hereafter to a third State in virtue of a Customs Union;
(3) Favours, advantages and privileges contractually granted or to be granted to a third State for the avoidance of double taxation;
(4) Favours, advantages and privileges granted or to be granted hereafter to an adjoining State with regard to the navigation on or use of boundary waterways not navigable from the sea;
(5) The treatment which is or may be accorded to the produce of the national fisheries of the High Contracting Parties or the special tariff favours granted by either of the High Contracting Parties in regard to fish and other aquatic products taken in the foreign waters in the vicinity of that Party.
ARTICLE XXIX
The stipulations of the present Treaty shall be applicable to all the territories and possessions belonging to or administered by the High Contracting Parties.
ARTICLE XXX
The present Treaty shall remain in force for five years from the date on which it comes into effect.
In case neither of the High Contracting Parties shall have notified twelve months before the expiration of the said period the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have denounced it.
ARTICLE XXXI
The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Bangkok as soon as possible, and the said Treaty shall come into force on the date of the exchange of ratifications.
IN WITNESS WHEREOF the respective Plenipotentiaries have signed the present Treaty and have hereunto affixed their seals.
Done in duplicate, in the English language, at Bangkok, this eighth day of the twelfth month in the twelfth year of Syōwa, corresponding to the eighth day of the ninth month in the two thousand four hundred and eightieth year of the Buddhist Era, and the eighth day of December in the nineteen hundred and thirty-seventh year of the Christian Era.
K. Murai (L. S.)
Luang Pradist Manudharm (L. S.)