A Handbook of Modern Japan

by Ernest W. Clement

(Signed) Shinichiro Kurino. (L. S.)
Walter Q. Gresham. (L. S.)

[Amendment to the Foregoing Treaty Proposed by the Government of the United States of America and Ratified with the Treaty.]

Art. XIX.—Clause 2, after the word “time” insert the word “thereafter” and strike out all after the word “time” down to and including the word “operation,” so that the clause will read: “Either High Contracting Party shall have the right, at any time thereafter, to give notice to the other of its intention to terminate the same, and at the expiration of twelve months after such notice is given this Treaty shall wholly cease and determine.”

Protocol

The Government of His Majesty the Emperor of Japan and the Government of the United States of America, deeming it advisable in the interests of both Countries to regulate certain special matters of mutual concern, apart from the Treaty of Commerce and Navigation signed this day, have, through their respective Plenipotentiaries, agreed upon the following stipulations:—

1.—It is agreed by the Contracting Parties that one month after the exchange of the ratifications of the Treaty of Commerce and Navigation signed this day, the Import Tariff now in operation in Japan in respect of goods and merchandize imported into Japan by the citizens of the United States shall cease to be binding. From the same date the General Statutory Tariff of Japan, shall, subject to the provisions of Article IX. of the Treaty of March 31, 1854, at present subsisting between the Contracting Parties, so long as said Treaty remains in force, and thereafter, subject to the provisions of Article IV. and Article XIV., of the Treaty signed this day, be applicable to goods and merchandize, being the growth, produce, or manufacture of the territories of the United States upon importation into Japan.

But nothing contained in this Protocol shall be held to limit or qualify the right of the Japanese Government to restrict or to prohibit the importation of adulterated drugs, medicines, food, or beverages; indecent or obscene prints, paintings, books, cards, lithographic or other engravings, photographs or any other indecent or obscene articles; articles in violation of patent, trademark, or copyright laws of Japan; or any other article which for sanitary reasons or in view of public security or morals, might offer any danger.

2.—The Japanese Government, pending the opening of the country to citizens of the United States, agrees to extend the existing passport system in such a manner as to allow citizens of the United States, on the production of a certificate of recommendation from the Representative of the United States at Tōkiō, or from any of the Consuls of the United States at the open ports in Japan, to obtain upon application passports available for any part of the country and for any period not exceeding twelve months, from the Imperial Japanese Foreign Office in Tōkiō, or from the Chief Authorities in the Prefecture in which an open port is situated, it being understood that the existing Rules and Regulations governing citizens of the United States who visit the interior of the Empire are to be maintained.

3.—The undersigned Plenipotentiaries have agreed that this Protocol shall be submitted to the two High Contracting Parties at the same time as the Treaty of Commerce and Navigation signed this day, and that when the said Treaty is ratified the agreements contained in the Protocol shall also equally be considered as approved, without the necessity of a further formal ratification.

It is agreed that this Protocol shall terminate at the same time the said Treaty ceases to be binding.