β¨ Treaty Text Continuation
THE NEW ZEALAND GAZETTE.
British subjects, however, or their agents, buying
or selling salt and tobacco in virtue of licenses or
permits for consumption in the Regency of Tunis,
shall be subject to the same regulations as the most
favoured Tunisian subjects trading in the two articles
aforesaid; and, furthermore, they shall be free to
compete for, obtain, and exercise the right of fishery,
subject to the local laws and regulations.
ARTICLE X.
If British merchants or their agents in the Re-
gency of Tunis should purchase any article of Tu-
nisian produce or manufacture for internal consump-
tion, the said merchants or their agents shall not pay,
on the purchase and sale of such articles, any higher
duties or charges than are paid, under similar cir-
cumstances, by the most favoured class of Tunisians
or foreigners engaged in the internal trade of the
Regency of Tunis. In like manner Tunisian mer-
chants or their agents in the British dominions shall
not pay on the purchase and sale of British produce
or manufactures, for internal consumption in the
said dominions, higher duties or charges than are
paid by British subjects or the most favoured
foreigners engaged in the internal trade of the said
dominions upon similar articles of produce or
manufacture.
ARTICLE XI.
If a British merchant or his agent shall purchase
for exportation any article of Tunisian produce or
manufacture, either at the place where such article is
produced or in its transit from that place to another,
upon which article of produce or manufacture the in-
ternal taxes known by the names of "Ushr," "Ka-
noon," and "Mahsoulat," and others, have been
already levied, such article of produce or manufacture
shall be subject at the port of shipment to the pay-
ment of the export duty only, and the notarial fees
and charges for measurement established by law.
ARTICLE XII.
In case of any dispute arising between the Custom
House and a merchant regarding the value to be put
upon any merchandise or goods imported by him into
the Regency of Tunis, the merchant shall be free to
pay the duty in kind, in the most equitable manner.
Should, however, the merchant be unable or unwill-
ing to make use of the above faculty, the Custom
House shall have the right to purchase such merchan-
dise or goods at the price at which the merchant has
valued them, with an augmentation of 5 per cent.
But should the foregoing two modes fail to solve
the difficulty, His Highness the Bey and Her Ma-
jesty's Agent and Consul-General shall each name an
arbitrator, being a merchant, and, in case of a diver-
gence of opinion, the two arbitrators shall name an
umpire, also a merchant, whose decision shall be
final.
ARTICLE XIII.
With a view to the encouragement of agriculture,
His Highness the Bey furthermore engages to permit
the importation, free of import duty and of every
other internal charge, of agricultural implements and
machinery, as well as of cattle and animals for the
improvement of the native breeds, whenever such
agricultural implements, machinery, cattle, and ani-
mals are proved to be for private use and not for
purposes of trade, in which latter case they shall be
subject to the payment of an import duty not exceed-
ing 8 per cent.
ARTICLE XIV.
In case the importation of foreign wheat, barley,
and Indian corn should be rendered necessary in con-
sequence of the failure of the crops, in consequence
of famine or other causes, which God forbid, such
foreign wheat, barley, and Indian corn shall be as
heretofore exempt from the payment of any import
77
duty, and shall be subject only to the payment of 20
karoobs (7\u00bdd.) per kaffis.
With the exception of the above three articles, all
other foreign provisions, such as rice, lentils, beans,
and other pulse known by the appellation of "Ha-
shahesh" (dried vegetables) shall pay an import duty
not exceeding 8 per cent., but the importer or his
agent shall be free to sell such provisions in retail or
in any other manner without the payment of any
other charge whatsoever.
ARTICLE XV.
It is understood between the Contracting Parties
that the Tunisian Government reserves to itself the
faculty and right of issuing a general prohibition
against the importation into the Regency of gun-
powder, unless Her Majesty's Agent and Consul-
General shall think fit to apply for a special license,
which license shall, in that case, be granted, provided
no valid objection thereto can be alleged.
Gunpowder, when allowed to be imported, shall be
subject to a duty not exceeding 8 per cent., and
shall be liable to the following regulations :-
-
It shall not be sold by subjects of Her Britannic
Majesty in quantities exceeding the quantities pre-
scribed by the local regulations. -
When a cargo, or a large quantity of gunpowder
arrives in a Tunisian port on board a British vessel,
such vessel shall be anchored at a particular spot, to
be designated by the local authorities, and the gun-
powder shall then be conveyed, under the inspection
of such authorities, to depots or fitting places, desig-
nated by the Government, to which the parties inter-
ested shall have access under due regulations.
Gunpowder imported in contravention of the pro-
hibition, or in the absence of the license afore men-
tioned, shall be liable to confiscation, save and except
small quantities of gunpowder for sporting reserved
for private use, which shall not be subject to the
regulations of the present article.
Cannon, arms of war, or military stores, as well as
anchors, masts, and chain cables, shall be imported
free of duty, provided they are landed at the opened
and recognized ports; provided, also, that previous to
the landing of cannon the permission of the Govern-
ment is obtained.
ARTICLE XVI.
The people of the Contracting Parties shall have
the right to establish in each other's country, com-
mercial, industrial, and banking companies, co-opera-
tive or mutual or shareholding associations, or any
other association, whether between and amongst
themselves, or between them and Tunisian subjects
or subjects of any other Power: provided the object
of such companies and associations be lawful, and
subject always to the laws of the country in which
they shall be established.
It is, however, understood, that no joint stock
companies limited, whose capital is made up of
nominal shares to bearer, and no anonymous associa-
tion, shall be established in their respective territories
without the authorization of the local Government.
ARTICLE XVII.
British subjects and Tunisian subjects shall be free
to exercise in each other's country any art, profession,
or industry; to establish manufactories, and fac-
tories, and to introduce steam machinery or machinery
moved by any other power, without being subjected
to any other formality or to the payment of higher
or other taxes and imposts than those prescribed by
the laws or municipal regulations, or which are paid
by natives.
It is understood that the manufactories and their
appurtenances, being immovable property, shall be
subject to the provisions of the Convention of the
10th October, 1863, relative to the permission granted
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β¨ LLM interpretation of page content
π
Continuation of Convention Articles X through XVII regarding trade, duties, and commerce.
(continued from previous page)
π External Affairs & Territories28 January 1876
Convention, Treaty text, Trade regulations, Import duties, Agriculture, Gunpowder, Commerce, Tunis
NZ Gazette 1876, No 5