TREATY OF COMMERCE AND NAVIGATION

　His Majesty the Emperor of Japan and Majesty the King of Denmark, being desirous to strengthen the relations of amity and good understanding which happily exist between Them and between Their subjects, and believing that the fixation in a manner clear and positive of the rules which are hereafter to govern the commercial intercourse between Their two Countries, will contribute to the realization of this most desirable result, have resolved to conclude a Treaty of Commerce and Navigation for that purpose, and have named Their Plenipotentiaries, that is to say:
  His Majesty the Emperor of Japan, Monsieur SATO AIMARO, Shoshii, First Class of the Order of the Sacred Treasure etc., His Imperial Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Royal Court of Denmark.
  And His Majesty the King of Denmark, C.W. Count AHLEFELDT LAURVIG, Commander of the 1st class of the Order of Dannebrog etc., His Royal Majesty's Minister for 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 1.
　The subjects of each of the High Contracting Parties shall have full liberty, with their families, to enter and sojourn in all parts of the dominions and possessions of the other and conforming themselves to the laws of the country---

1. Shall, in all that relates to travel and residence; to the pursuit of their studies and investigations; to the exercise of their callings and professions, and to the prosecution of their industrial and manufacturing undertakings, be placed, in all respects, on the same footing as the subjects or citizens of the most favoured nation;

2. They shall have the right, equal1y with native subjects, to carry on, either in person or by agents, singly or in partnerships with foreigners or native subjects, their commerce and trade in all kinds of merchandise of lawful commerce;

3. They shall, on condition of reciprocity, be at full liberty to acquire and possess every description of property, movable and immovable, which the laws of the country permit or shall permit the subjects or citizens of any other foreign country to acquire and possess, subject always to the conditions and limitations prescribed in such laws, and shall be permitted, equally with the subjects citizens of the most favoured nation, to own or hire and occupy the houses, manufactories, warehouses, shops and premises which may be necessary for them, and to lease land for residential, commercial, industrial, manufacturing and other lawful purposes;

4. They shall, on condition of reciprocity, enjoy the same privileges, liberties and rights and not be bound to pay any higher taxes or charges than those which are or may be paid by the subjects or citizens of the most favoured nation in regard to the transmission of movables and immovables by succession according to last will or otherwise and the disposal in any way whatever of a1l kinds of property which they may lawfully acquire;

5. They shall enjoy constant and complete protection and security for their persons and property; shall have free and easy access to the Courts of Justice in pursuit and defence of their rights: and shall a1so be allowed to prosecute their claims against the State and its organs before the tribunals or other authorities having jurisdiction in such matters, and shall be at liberty, equally with native subjects, to choose and employ lawyers, advocates and representatives to pursue and defend their rights before such courts,　and authorities, and in all other matters concerning the administration of justice, shall enjoy the same rights and privileges as native subjects;

6. They shall be exempted from all compulsory military services, whether in the army, navy, national guard or militia: from all contributions imposed in lieu of personal service, and from all forced loans: they shall also be exempted from military requisitions or contributions unless imposed on them equally with native subjects as owner, lessees or occupiers of immovable property;

7. And they shall not be compelled to pay taxes, fees, charges or contributions of any kind whatever, other or higher than those which are or may be paid by the subjects or citizens of the most favoured nation.

ARTICLE 2.
　The houses, manufactories, warehouses, shops and premises used for 1awful purposes and belonging to the subjects of each of the High Contracting Parties in the dominions and possessions of the other 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 for native subjects.

ARTICLE 3.
　Each of the High Contracting Parties may appoint Consuls General, Consuls, Vice-Consuls and Consular Agents in all the ports, cities and places of the other, except in those where it may not be convenient to recognize such officers. This exception, however, shall not be made in regard to one of the Contracting Parties without being made likewise in regard to all other Powers.

　Such Consuls General, Consuls, Vice-Consuls and Consular Agents, having received exequaturs or other sufficient authorizations from the Government of the country which they are appointed, shall, on condition of reciprocity have the right to exercise the functions and to enjoy the privileges, exemptions and immunities which are or may be granted to the Consular officers of the same rank of the most favoured nation. The Government issuing exequaturs or other authorizations has the right in its discretion to cancel the same on explaining the reasons for which it thought proper to do so.

ARTICLE 4.
　In case of the death of a subject of one of the High Contracting Parties in the dominions or possessions of the other, without leaving at the place of his decease any person entitled by the laws of the decedent's country to take charge of and administer the estate, the competent Consular officer of the State to which the deceased belonged, shall have the right, either personally or by delegate, to represent and act for such absent person during his absence, and to take all measures and to perform all acts necessary to the due administration and winding up of the estate. But nothing contained in this Article shall be held to deprive the Courts of the country where the property is situated of jurisdiction in cases in which they would otherwise be competent.

　The foregoing provisions shall also apply in case of a subject of one of the Contracting Parties, dying outside of the dominions and possessions of the other, but possessing property therein without leaving any person there, entitled to take charge of and administer the estate.

ARTICLE 5.
　There shall be between the dominions and possessions of the two High Contracting Parties reciprocal freedom of commerce and navigation. The subjects of each of the Contracting Parties, equally with the subjects or citizens of the most favoured nation, shall have liberty freely to come with their ships and cargoes to all places, ports and rivers in the dominions and possessions of the other, which are or may be opened to foreign commerce, subject always to the laws of the country of which they thus come.

ARTICLE 6.
　The import duties on articles, the produce or manufacture of the dominions and possessions of one of the High Contracting Parties, upon importation into the dominions and possessions of the other, shall henceforth be regulated either by special arrangements between the two States or by the internal legislation of each.

　Neither Contracting Party shall impose any other or higher duties or charges on the exportation of any article to the dominions and possessions of the other, than are or may be payable on the exportation of the like article to any other foreign country.

　Nor shall any prohibition or restriction be maintained or imposed by either State on the importation or exportation of any article from or to the dominions and possession of the other, which shall not equally extend to the like article imported from or exported to any other country. The last provision is not, however, applicable to prohibitions or restrictions maintained or imposed as sanitary measures or for purposes of protecting animals and useful plants.

ARTICLE 7.
　The subjects of each of the High Contracting Parties shall, in the dominions and possessions of the other, enjoy exemption from all transit duties and a perfect equality of treatment with native subjects in all that relates to warehousing, bounties, drawbacks and facilities concerning the importation or exportation of merchandise.

ARTICLE 8.
　Merchants and manufacturers, subjects of one of the High Contracting Parties, as well as merchants and manufacturers domiciled and exercising their commerce and industries in the dominions and possessions of such Party, may, in the dominions and possessions 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 to assure their re-exportation or the payment of the prescribed customs duties 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 the 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 9.
　Limited liability and other companies and associations, commercial, industrial and financial, already or hereafter to be organized in accordance with the laws of either High Contracting Party and domiciled in the dominions and possessions of such Party, are authorized, in the dominions and possessions of the other, to exercise their rights and appear in the Courts either as plaintiffs or defendants, subject to the laws of such other Party.

　The foregoing stipulations shall in no way influence the question whether such company or association, domiciled in one of the two countries shall be entitled or not to carry on commerce, trade and industry in the other, this right being always dependent upon the laws of the respective countries.

ARTICLE l0.
　All articles which are or may be legally imported into the ports of either High Contracting Party in national vessels may likewise be imported into those ports in vessels of the other Contracting Party, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in national vessels. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other foreign place.

　In the same manner, there shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid, and the same bounties and drawbacks allowed in the dominions and possessions of each of the Contracting Parties on the exportation of any article which is or may be legally exported therefrom, whether such exportation shall take place in Japanese or in Danish vessels, and whatever may be the place of destination, whether a port of the other Party or of any third Power.

ARTICLE 11.
　In all that regards the stationing, loading and unloading of vessels in the territorial waters of the High Contracting Parties, no privileges or facilities shall be granted by either Party to national vessels which are not equally, in like cases, granted to the vessels of the other country; the intention of the Contracting Parties being that in these respects the respective vessels shall be treated on the footing of perfect equality.

ARTICLE 12.
　Marchant vessels navigating under the Japanese and Danish nags and carrying the papers required their national laws to prove their nationality, shall in Denmark and Japan be deemed to be Japanese and Danish vessels respectively.

ARTICLE 13.
　No duties of tonnage, transit or canalage, harbour, pilotage, lighthouse, quarantine or other similar or corres ponding duties or charges of whatever denomination, levied in the name or for the profit of Government, public func tionaries, private individuals, corporations or establishments of any kind, shall be imposed in the territorial waters of either country upon the vessels of the other which shall not equally, under the same conditions, be imposed on national vessels in general, or vessels of the most favoured nation. Such equality of treatment shall apply reciprocally to the respective vessels from whatever place they may arrive and whatever may be their place of destination.

ARTICLE 14.
　Vessels charged with performance of regular scheduled postal service of one of the High Contracting Parties, whether belonging to the State or subsidized by it for the purpose, shall enjoy in the territorial waters of the other, the same facilities, privileges and immunities as are granted to like vessels of the most favoured nation.

ARTICLE 15.
　The coasting trade of the High Contracting Parties is excepted from the provisions of the present Treaty and shall be regulated according to the laws of Japan and Denmark respectively. It is however understood that the subjects and vessels of either Contracting Party shall enjoy in this respect the most favoured nation treatment in the dominions and possessions of the other.

　A vessel of one of the Contracting Parties laden in a foreign country with cargo destined for two or more parts of entry in the dominions and possessions of the other, may discharge a portion of her cargo at one of the said ports, and, continuing her voyage to the other port or ports of destination, there discharge the remainder of her cargo, subject a1ways to the laws, tariffs and customs regulations of the country of destination, and, in like manner and under the same reservation, the vessels of one of the Contracting Parties shall be permitted to load at several ports of the other, for the same outward voyages.

ARTICLE 16.
　The competent Consular officers of each of the High Contracting Parties in the dominions and possessions of the other shall have exclusive charge of the internal order of the merchant vessels of their nation and shall a1one take cognizance of differences, which may arise, either at sea or in the territorial waters of the other Party, between the captains, officers and crews, and particularly in reference to the adjustment of wages and execution of contracts. But in the event of any disturbance or disorder on board a merchant vessel of either Contracting Party in the territorial waters of the other, of a nature to cause or to be like1y to cause, in the opinion of the competent authorities of the place where the disturbance or disorder occurs, a breach of the peace or trouble in such waters or on shore, the territorial authorities shall, in such case, have jurisdiction.

ARTlCLE 17.
　If any seaman should desert from any ship belonging to either of the High Contracting Parties in the territorial waters of the other, the local authorities shall, within the limits of law, be bound to give every assistance in their power for the apprehension and handing over of such deserter, on application to that effect being made to them by the competent Consular officer of the country to which the ship of the deserter may belong, accompanied by an assurance that all expenses connected therewith will be repaid.

　It is understood that this stipulation shall not apply to the subjects of the country where the desertion takes place.

ARTICLE 18.
　In cases of shipwreck, damage at sea, or forced putting in, each High Contracting 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 as are in like cases granted to the national vessels. Articles saved from such wrecked or damaged vessels shall be exempt from customs duties unless cleared for consumption, in which case they shall pay the prescribed duties.

　If a ship of one of the Contracting Parties should run aground or be wrecked upon the coasts of the other, the local authorities shall inform of the occurrence the nearest competent Consular officer of the country to which the ship belongs.

ARTICLE 19.
　Except as otherwise expressly provided in this Treaty, the High Contracting Parties agree that, in a1l that concerns commerce, navigation and industry, any privilege, favour or immunity which either Contracting Party has actually granted, or may hereafter grant, to the subjects or citizens of any other State shall be extended immediately and unconditionally to the subjects of the other Contracting Party.

　The stipulations of the present Treaty shall not apply to special advantages which are or may be accorded by one of the High Contracting Parties to contiguous countries in order to facilitate frontier traffic, nor to advantages resulting from the conclusion of a customs union, in as much as these advantages are not extended to other countries.

ARTICLE 20.
　The stipulations of the present Treaty shall be applicable to all the territories and possessions belonging to or administered by either of the High Contracting Parties, with the exception only of Iceland and the Danish colonies, in Greenland.

　The provision of Article 7 with regard to transit duties and the provision of Article 8 paragraph 2 concerning freedom from duties for samples shall, however, not apply to the Danish Antilles.

ARTICLE 21.
　The present Treaty shall be ratified and the ratifications thereof shall be exchanged in Tokio as soon as possible.

　It shall enter into operation on the day following the exchange of ratifications and remain in force for the period of ten years.

　In case neither of the High Contracting Parties shall have given notice to the other twelve months before the expiration of the said period, of its intention to terminate the Treaty, it shall continue operative until the expiration of one year from the date on which either of the Contracting Parties shall have denounced it.

　In witness whereof the respective Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

　Done at Copenhagen in duplicate this twelfth day of February, 1912.
  (Signed) AIMARO SATO. (L.S.)
  (Signed) C.W. AHLEFELDT LAURVIG. (L.S.)