Order 035: Ratification of Treaty with the Guttuli Protectorate

[Alejandro Campos]

THE GOVERNMENT OF THE REPUBLIC OF ALDURIA

ORDER 035
Ratification of Treaty with the Guttuli Protectorate

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Pursuant to my authority as President of the Republic of Alduria, and the provisions of the Constitution of Alduria, I hereby promulgate the following:

SECTION I. Ratification of the Treaty of Friendship and Commerce between the Guttuli Protectorate and Alduria.

1. The Republic of Alduria ratifies the Treaty of Friendship and Commerce between the Guttuli Protectorate and the Republic of Alduria, attached to this Order in Schedule I.
   
2. The President of the Republic, in coordination with the Prime Minister and the Secretary of State, shall provide through additional presidential orders for the enforcement of this order.
   

 

SIGNED,
Alejandro Campos
President of the Republic of Alduria.

SCHEDULE I. Treaty of Friendship and Commerce between the Guttuli Protectorate and Alduria.

 

TREATY OF FRIENDSHIP AND COMMERCE
Between the
REPUBLIC OF ALDURIA
And the
GUTTULI PROTECTORATE
 

The Guttuli Protectorate and the Republic of Alduria, desiring to fix, in a permanent and equitable manner, the rules to be observed in the intercourse and commerce they desire to establish between their respective countries, the Guttuli Protectorate and the Republic of Alduria have judged that the said end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement.

 

With this view and desire, the Lord Protector of the Guttuli Protectorate has nominated and constituted as his Ambassador Plenipotentiary, the Tribune Birrik Timirsak, Brevet Battle-Commander. 

 

The Republic of Alduria has, on their part, has nominated and constituted Jacques Farhan as its Ambassador Plenipotentiary. 

 

With their respective plenipotentiaries, after having exchanged their full powers, and on mature deliberation, the Republic of Alduria and the Guttuli Protectorate, hereafter referred to as the contracting parti(es), have concluded, settled & signed the following articles:

 

ARTICLE I.

1. There shall be a firm, inviolable, and universal peace and sincere friendship between the Guttuli Protectorate and their citizens on the one part, and the Republic of Alduria and their citizens on the other, without exceptions of persons or places.
2. There shall be established in the City of Punta Santiago an embassy of the Guttuli Protectorate, afforded the protection to its grounds, ambassador and staff as are consistent with the norms of international law. The Ambassador shall have regular access to audiences with the President of the Republic and to meetings with the Prime Minister and the Secretary of State whenever necessary.
3. There shall be established in the City of Gaton an embassy of the Republic of Alduria, afforded the protection to its grounds, ambassador and staff as are consistent with the norms of international law. The Ambassador shall have regular access to audiences with the Duke and to meetings with the Lord Protector and their State Counselor for Foreign Affairs whenever necessary.
4. Each Contracting Party shall always accord equitable treatment to the persons, property, enterprises and other interests of nationals and companies of the other Contracting Party.
5. Between the territories of the two Contracting Parties, there shall be, in accordance with the provisions of the present Treaty, freedom of commerce and navigation.

 

ARTICLE II.

1. Nationals of either Contracting Party shall be permitted to enter the territories of the other Contracting Party and to remain therein:
   1. for the purpose of carrying on trade between the territories of the two Parties and engaging in related commercial activities;
   2. for the purpose of developing and directing the operations of an enterprise in which they have invested, or in which they are actively in the process of investing, a substantial amount of capital; and
   3. for other purposes subject to the laws relating to the entry and sojourn of aliens.
2. Each Contracting Party undertakes to make available the best facilities practicable for travel by tourists and other visitors with respect to their entry, sojourn, and departure, and for the distribution of information for tourists.
3. Nationals of either Contracting Party, within the territories of the other Contracting Party, shall be permitted:
   1. to travel therein freely, and to reside at places of their choice;
   2. to enjoy the liberty of conscience;
   3. to hold both private and public religious services;
   4. to gather and to transmit material for dissemination to the public abroad; and
   5. to communicate with other persons inside and outside such territories by mail, telegraph and other means open to general public use.
4. The provisions of the present Article shall be subject to the right of either Contracting Party to enact and apply measures or limits to the rights herein described necessary to maintain the national security and public order, and to protect the public health, morals, and safety.
5. Nothing in the present Treaty shall be deemed to grant or imply any right to engage in political activities.

 

ARTICLE III.

1. Nationals of either Contracting Party, within the territories of the other Party, shall be free from molestations of every kind and shall receive the most constant protection and security. They shall be accorded in like circumstances treatment no less favorable than that accorded nationals of such other Party for the protection and security of their persons and their rights. The treatment accorded in this respect shall in no case be less favorable than that accorded nationals of any third country or that required by international law.
2. If, within the territories of either Party, a national of the other Party is taken into custody, the nearest consular representative of his country shall on the demand of such national be immediately notified and shall have the right to visit and communicate with such national. Such national shall:
   1. receive reasonable and humane treatment;
   2. be promptly informed of the accusations against him;
   3. be brought to trial as promptly as is consistent with the proper preparation of his defense; and
   4. enjoy all means reasonably necessary to his defense, including the services of competent counsel of his choice.

 

ARTICLE IV.

1. Nationals and companies of either Contracting Party shall be accorded proper national treatment with respect to access to courts of justice and to administrative tribunals and agencies within territories of the other Party, in all degrees of jurisdiction, both in pursuit and in defense of their rights. It is understood that companies of either Party not engaged in activities within the territories of the other Party shall enjoy such access therein without any requirement of registration or domestication.
2. Contracts entered into between nationals or companies of either Party and nationals or companies of the other Party, that provide for the settlement by arbitration of controversies, shall not be deemed unenforceable within the territories such other Party merely on the grounds that the place designated for the arbitration proceedings is outside such territories or that the nationality of one or more of the arbitrators is not that of such other Party.

 

ARTICLE V.

1. Nationals and companies of either Contracting Party shall be accorded national treatment with respect to engaging in all types of commercial, industrial, financial and other activity for gain (business activities) within the territories of the other Party, whether directly or by an agent or through the medium of any form of lawful juridical entity. Accordingly, such nationals and companies shall be permitted within such territories:
   1. to establish and maintain branches, agencies, offices, factories and other establishments appropriate to the conduct of their business;
   2. either directly or indirectly through one or more intermediaries, to organize companies under the general company laws of such other Party and to acquire the controlling interest in companies of such other Party;
   3. to control and manage enterprises which they have established or acquired.
   4. Moreover, enterprises which they control, whether in the form of individual proprietorships, companies or otherwise, shall in all that relates to the conduct of the activities thereof, be accorded treatment no less favorable than that accorded like enterprises controlled by nationals and companies of such other Party.
2. Each Contracting Party reserves the right to limit the extent to which foreigners may within its territories establish, acquire interests in, or carry on enterprises engaged in communications, air or water transport, banking involving depository or fiduciary functions, or the exploitation of land or other natural resources.
3. Nationals and companies of either Contracting Party shall be permitted to engage, within the territories of the other Party, accountants and other technical experts, executive personnel, attorneys, agents and other specialists of their choice.
4. Nationals and companies of either Contracting Party shall be accorded national treatment with respect to engaging in scientific, educational, religious and philanthropic activities within the territories of the other Party, and shall be accorded the right to form associations for that purpose under the laws of such other Party.
5. The Contracting Parties agree to further, through cooperative or other appropriate means, the interchange and use of scientific and technical knowledge, particularly in the interest of increasing productivity and improving standards of living within their respective territories.

 

ARTICLE VI. 

1. If one of the contracting parties should be engaged in war with any other power, the free intercourse and commerce of the subjects or citizens of the Contracting Party remaining neutral with the belligerent powers shall not be interrupted.
2. The vessels of the neutral Contracting Party may navigate freely to and from the ports and on the coasts of the belligerent parties.
3. The Guttuli Protectorate shall respect the neutrality of the Republic of Alduria, and vice-versa, in any matters where one or the other are neutral.
4. If any vessel or effects of the neutral Contracting Party be taken by an enemy of the other, or by a pirate, and retaken by that other, they shall be brought into some port of one of the parties, and delivered into the custody of the officers of that port, in order to be restored entire to the true proprietor as soon as due proof shall be made concerning the property thereof.
5. If the citizens or subjects of either Contracting Party, in danger from tempests, pirates, enemies, or other accident, shall take refuge with their vessels or effects, within the harbors, airports, or any jurisdiction of the other, they shall be received, protected, and treated with humanity and kindness, and shall be permitted to furnish themselves, at reasonable prices, with all refreshments, provisions, and other things necessary for their sustenance, health, and accommodation, and for the repair of their vessels.

 

ARTICLE VII.

1. There shall be freedom of transit through the territories of each Contracting Party by the routes most convenient for international transit:
   1. for nationals of the other Party, together with their baggage;
   2. for other persons, together with their baggage, en route to or from the territories of such other Party; and
   3. for products of any origin en route to or from the territories of such other Party.
2. Such persons and things in transit shall be exempt from customs duties, from duties imposed by reason of transit, and from unreasonable charges and requirements; and shall be free from unnecessary delays and restrictions. They shall, however, be subject to measures and nondiscriminatory regulations necessary to prevent abuse of the transit privilege.

 

ARTICLE VIII. 

The Guttuli Protectorate and the Republic of Alduria agree that this treaty shall be in force from the exchange of ratifications and that this treaty shall be ratified on both sides, and the ratifications exchanged from the day of ratification.

 In testimony whereof, the plenipotentiaries before mentioned, have hereto subscribed their names and affixed their seals:
 

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FOR THE REPUBLIC OF ALDURIA,

Alexandre Boulanger
Ambassador Plenipotentiary

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FOR THE GUTTULI PROTECTORATE,

Birrik Timirsak, Tribune and Brevet Battle-Commander

Ambassador Plenipotentiary

[Alfonso Velez]

Countersigned,


Prime Minister