8th Congress
1st Session
SENATE
Executive
Q
Ratified without amendment or reservations on April 14, 1948.

CONSULAR CONVENTION WITH THE REPUBLIC OF THE PHILIPPINES

MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
A CONSULAR CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES, SIGNED AT MANILA ON MARCH 14, 1947

June 4, 1947.-Convention was read the first time and the injunction of secrecy was removed therefrom. The convention was referred to the Committee on Foreign Relations and, together with the message of transmittal and the accompanying report, was ordered to be printed for the use of the Senate.

THE WHITE HOUSE
June 4, 1947.
To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the consular convention between the United State of America and the Republic of the Philippines, signed at Manila on March 14, 1947.
I also transmit for the information of the Senate the report by the Secretary of State with respect to the convention.
Harry S. Truman
(Enclosures: (1) Report of the Secretary of State; (2) Consular Convention between the United States and the Republic of the Philippines, signed March 14, 1947.)

DEPARTMENT OF STATE
Washington, June 2, 1947.
The President,
The White House:
The undersigned, the Secretary of State, has the honor to lay before the President, with a view to its transmission to the Senate to receive the advice and consent of that body to ratification, if his judgment approve thereof, a consular convention between the United States of America and the Republic of the Philippines, signed at Manila on March 14, 1947.
The convention establishes the rights, privileges, immunities, and exemptions of consular officers of the United States in the Philippines and of consular officers of the Philippines in the United States.
Article II of the treaty of general relations between the United States of America and the Republic of the Philippines, signed at Manila on July 4, 1946, contains provisions relating to consular representation, as follows:
* * * The consular representatives of each country, duly provided with exequatur, will be permitted to reside in the territories of the other in the places wherein consular representatives are by local laws permitted to reside; they shall enjoy the honorary privileges and the immunities accorded to such officers by general international usage; and they shall not be treated in a manner less favorable than similar officers of any other foreign country.
By an exchange of notes dated July 10 and 12, 1946, between the Philippines Secretary of Foreign Affairs and the American Ambassador in Manila, the two Governments confirmed that they would observe the provisions of article II of the treaty of general relations "pending final ratification thereof." The treaty of general relations entered into force on October 22, 1946, upon the exchange of instructions of ratification thereof.
The consular convention signed on March 14, 1947, contains provisions, comprehensive in scope, similar in substance to provisions in consular conventions or to consular provisions in treaties of friendship, commerce, and consular rights in force between the Unites States and many foreign countries. For example, the provisions in articles I, II, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, and XVI of this convention correspond, respectively, to the provisions in articles I, II, II (par. 1), IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, and XIV of the most recently concluded consular convention between the United States and a foreign country; namely, the consular convention with Mexico, signed on August 12, 1942, which entered into force on June 1, 1943 (57 Stat., pt. 2, 800). Article III of the convention with the Republic of the Philippines corresponds to provisions in numerous existing treaties or conventions of the United States; for example, the second paragraph of article VI of the consular convention of April 22, 1926, with Cuba (44 Stat. 2471), the second and third paragraphs of article XXI of the treaty of friendship, commerce, and consular rights of February 13, 1934, with Finland (49 State. 2659), and the third and fourth paragraphs of article III of the consular convention of October 7, 1938, with Liberia (54 Stat. 1751). Article XI has no exact counterpart in existing treaties or conventions of the United States, but is consistent with the principles and purposes of standard consular provisions and its effect is simply to express an understanding which, for all practical purposes, would be given effect in any event.
Among the principal exemptions to be accorded under the convention to consular officers of each country in the other country, and to certain other persons, are the exemptions provided in article IV with respect to taxes levied on their persons or property and on salaries, allowances, fees, or wages received for consular services, and the exemptions provided in article V with respect to duties on the importation of baggage and other personal property.
It is provided in article XVI that the convention shall take effect upon the exchange of ratifications, shall continue in force for the terms of 10 years, and shall continue in effect after that period subject to the rights of either party to give 6 months' notice to the other party of an intention to terminate the convention.
Respectfully submitted.
G.C. Marshall.
(Enclosure: Consular convention between the United States of America and the Republic of the Philippines, signed March 14, 1947.)

CONSULAR CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES
The President of the United States of America, and the President of the Philippines, being desirous of defining the rights, privileges, exemptions and immunities of consular officers of each country in the territories of the other country, have decided to conclude a convention for that purpose and have appointed as their plenipotentiaries:
The President of the United States of America:
His Excellency Paul V. McNutt, Ambassador of the United States of America, and
The President of the Philippines:
His Excellency Elpidio Quirino, Vice President and concurrently Secretary of Foreign Affairs of the Republic of the Philippines,
Who, having communicated to each other their respective, full powers, found to be in good and due form, have agreed on the following articles:
Article I
1. The Government of each High Contracting Party shall, in respect of any consular officer duly commissioned by it to exercise consular functions in the territories of the other High Contracting Party, give written notice to the Government of such other High Contracting Party of the appointment of such consular officer and shall request that recognition be accorded to such consular officer. The Government of each High Contracting Party shall furnish free of charge the necessary exequatur of any consular officer of the other High Contracting Party who presents a regular commission signed by the Chief Executive of the appointing country and under its great seal, and shall issues to a subordinate or substitute consular officer who is duly appointed by an accepted superior consular officer or by any other competent officer of his Government, such documents as according to the laws of the respective High Contracting Parties shall be requisite for the exercise by the appointee of the consular function; provided in either case that the person applying for an exequatur or other document is found acceptable.
2. Consular officers of each High Contracting Party shall, after entering upon their duties, enjoy reciprocally in their territories of the other High Contracting Party rights, privileges, exemptions and immunities no less favorable in any respect than the rights, privileges, exemptions and immunities which are enjoyed by consular officers of the same grade of any third country and in conformity with modern international usage. As official agents, such officers shall be entitled to the high consideration of all officials, national, state, provincial or municipal, with whom they have official intercourse in the territories of the High Contracting Party which receives them. It is understood that the term "consular officers," as used in the present Convention, includes consuls general, consuls and vice consuls who are not honorary.
3. Upon the death, incapacity, or absence of a consular officer having no subordinate consular officer at his post, any secretary, chancellor or assistant, whose official character as an employee in the consulate may previously have been made known to the Government of the High Contracting Party in whose territories the consular function was exercised, may temporarily exercise the consular functions of the deceased or incapacitated or absent consular officer; and while so acting shall enjoy all the rights, privileges, exemptions and immunities that were granted to the consular officer.
4. A consular officer or a diplomatic officer of either High Contracting Party, a national of the country by which he is appointed and duly commissioned or accredited, may, in the territories of the other High Contracting Party, have the rank also of a diplomatic officer or consular officer, as the case may be, it being understood that permission for him to exercise such dual functions shall have been duly granted by the Government of the High Contracting Party in the territories of which he exercises his functions.
Article II
1. Consular officers, nationals of the High Contracting Party by which they are appointed, are not engaged in any private occupations for gain within the territories of the country in which they exercise their functions, shall be exempt from arrest in such territories except when charges with the commission of an offense designated by local legislation as a crime other than a misdemeanor and subjecting the individual guilty thereof to punishment by imprisonment, Such officers shall be exempt from military billetings, and from service of any military or naval administrative or police character whatsoever, and the exemptions provided for by this sentence shall apply equally to employees in a consulate who are nationals of the High Contracting Party by which they are employed, and not engaged in any private occupation for gain.
2. In criminal cases the attendance at court by a consular officer as witness may be demanded by the plaintiff, the defense, or the court. The demand shall be made with all possible respect for the consular dignity and the duties of the office, and when so made there shall be compliance on the part of the consular officer.
3. In civil cases, consular officers shall be subject to the jurisdiction of the courts in the territories of the High Contracting Party which receives them. When the testimony of a consular officer who is a national of the High Contracting Party which appoints him and who is not engaged in any private occupation for gain is taken in civil cases, it shall be taken orally or in writing at his residence or office and with due regard for his convenience. The officer should, however, voluntarily give his testimony at court whenever it is possible to do so without serious interference with his official duties.
4. Consular officer and employees in a consulate shall not be required to testify in criminal or civil cases, regarding acts performed by them in their official capacity.
Article III
1. The Government of each High Contracting Party shall have the right to acquire and hold, lease, and occupy land and buildings required for diplomatic or consular purposes in the territories of the other High Contracting Party, and shall have the right to erect buildings on land which is held by or on behalf of such Government in their territories of the other High Contracting Party for diplomatic or consular purposes, subject to local building regulations.
2. No tax of any kind, national, state, provincial or municipal, shall be levied in the territories of either High Contracting Party on the Government of the other High Contracting Party, or on any officer or employee of such other High Contracting Party, in respect of land or buildings acquired, leased, or occupied by such other High Contracting Party and used exclusively for the conduct of official business, except assessments levied for services or local public improvements by which the premises are benefited, provided the right of each High Contracting Party to tax the owner of property leased to the other High Contracting Party is not thereby abridged.
Article IV
Consular officers and employees in a consulate, nationals of the High Contracting Party by which they are appointed or employed, and not engaged in any private occupation for gain within the territories in which they exercise their functions, shall be exempt from all taxes, national, state, provincial and municipal, levied on their persons or property, except taxes levied on account of the possession or ownership of immovable property situate within the territories in which they exercise their functions or taxes levied on account of income derived from property of any kind situated within such territories. Consular officers and employees in a consulate, nationals of the High Contracting Party by which they are appointed or employed, shall be exempt from the payment of all taxes, national, state, provincial and municipal, on the salaries, allowances, fees or wages received by them in compensations for consular services.
Article V
1. All furniture, equipment, and supplies intended for official use in the consular offices and official consular residences of either High Contracting Party in the territories of the other High Contracting Party shall be permitted entry into such territories free of all duty.
2. Consular officers of either High Contracting Party and members of their families and suites, including employees in a consulate and their families, shall be exempt from the payment of any duty in respect of their entry into the territories of the other High Contracting Party of their baggage and all other personal property, whether preceding or accompanying them to a consular post, either upon first arrival or upon subsequent arrivals, or imported at any time while assigned to or employed at such post.
3. It is understood however,
(a) that the exemptions provided in paragraph 2 of this Article shall not be extended to consular officers and members of their suites, including employees in a consulate, who are not nationals of the High Contracting Party by which they are appointed or employed or who are engaged in any private occupation for gain within the territories of the other High Contracting Party;
(b) that in the case of each consignment of articles imported for the personal use of consular officers or members of their families or suites, including employees in a consulate and their families, at an time during their officials residence within the territories in which they exercise their functions, a request for entry free of duty shall be made through diplomatic channels; and
(c) that nothing herein shall be construed to permit the entry into the territory of either High Contracting Party of any article the importation of which is specifically prohibited by law.
Article VI
1. Consular officers of either High Contracting Party may place over the outer door of their respective offices the arms of their country with an appropriate inscription designating the nature of the office, and they may place the coat of arms and fly the flag of their country on automobiles employed by them in the exercise of their consular functions. Such officers may also fly the flag of their country on their offices, including those situated in the capitals of the respective countries. They may likewise fly such flag over any boat, vessel, or aircraft employed in the exercise of their consular functions.
2. The quarters where consular business is conducted, all consular correspondence in transit under official seal, and all papers, records, and correspondence comprising the consular archives shall at all times be inviolable and under no pretext shall any authorities of any character of the country in which such quarters or archived are located invade such premises or make any examination or seizure of papers or other property in such quarters or of such archives. When the consular officers are engaged in business within the territories in which they exercise their functions, the consular files and documents shall be kept in a place entirely separate from the place where private or business papers are kept. Consular offices shall not be used as places of asylum. No consular officers shall be required to produce official archives in court or to testify as to their contents.
Article VII
1. Consular officers of either High Contracting Party shall have the right, within their respective consular districts, to apply to or address the authorities, national, state, provincial, or municipal, for the purpose of protecting the nationals of the High Contracting Party by which they were appointed in the enjoyment of rights accruing by treaty or otherwise. Complaint may be made for the infraction of those rights. Failure upon the part of the proper authorities to grant redress or to accord protection shall justify interposition through the diplomatic channel, and in the absence of a diplomatic representative, a consul general or the consular officers stationed at the capital shall have the right to apply directly to the Government of the country.
2. Consular officers of either High Contracting Party shall, within their respective district, have the right to interview, to communicate with, and to advise nationals of their country; to inquire into any incidents which have occurred affecting the interests of such nationals; and to assist such nationals in proceedings before or relations with authorities in the territories of the other High Contracting Party. Consular officers of either High Contracting Party shall be informed immediately whenever nationals of their country are under detention or arrest or in prison or are awaiting trial in their consular districts and they shall, upon notification to the appropriate authorities, be permitted without delay to visit and communicate with any such national.
3. Nationals of either High Contracting Party in the territories of the other High Contracting Party in the territories of the other High Contracting Party shall have the right at all times to communicate with the consular officers of their country. Communications to their consular officers from nationals of either High Contracting Party who are under detention or arrest or in prison or are awaiting trial in the territories of the other High Contracting Party shall be forwarded without delay to such consular officers by the local authorities.
Article VIII
1. Consular officers in pursuance of the laws of their respective countries shall have the right, within their respective consular districts:
(a) To take and attest the oaths, affirmations, or depositions of any occupant of a vessel of their country, or of any national of their country, or of any person having permanent residence within the territories of their country;
(b) To authenticate signatures;
(c) To draw up, attest, certify, and authenticate unilateral acts, translations, deeds, testamentary dispositions, and contracts of the nationals of the High Contracting Party by which the consular officers are appointed; and
(d) To draw up, attest, certify, and authenticate unilateral acts, deeds, contracts, testamentary dispositions and written instruments of any kind, which are intended to have application, execution, and legal effect principally in the territories of the High Contracting Party by which the consular officers are appointed.
2. Instruments and documents thus executed and copies and translations thereof, when duly authenticated by the consular officer, under his official seal, shall be received as evidence in the territories of either High Contracting Party as original documents or authenticated copies, as the case may be, and shall have the same force and effect as if drawn by or executed before a notary or other public officer duly authorized in the territories of the High Contracting Party by which the consular officer was appointed; provided, always, that such documents shall have been drawn and executed in conformity with the laws and regulations of the country where they are designed to take effect.
Article IX
1. In the case of the death of a national of either High Contracting Party in the territories of the other High Contracting Party, without having in the locality 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 High Contracting Party of which the deceased was a national of the fact of his death, in order that necessary information may be forwarded to the persons concerned.
2. In case of the death of a national of either High Contracting Party in the territories of the other High Contracting Party, without will or testament whereby he has appointed a testamentary executor, the consular officer of the High Contracting Party of which the deceased was a national and within whose district the deceased made his home at the time of death, shall, so far as the laws of the country permit and pending the appointment of an administrator and until letters of administration have been granted, be deemed qualified to take charge of the property left by the decedent for the preservation and protection of such property. Such consular officer shall have the right to be appointed as administrator within the discretion of a court or other agency controlling the administration of estate, provided the laws governing administration of the estate so permit.
3. Whenever a consular officer accepts the office of administrator of the estate of a deceased countryman, he subjects himself in that capacity to the jurisdiction of the court or other agency making the appointment for all necessary purposes to the same extent as if he were a national of the High Contracting Party by which he has been received.
Article X
1. A consular officer of either High Contracting Party shall within his district have the right to appear personally or by authorized representative in all matters concerning the administration and distribution of the estate of a deceased person under the jurisdiction of the local authorities, for all such heirs or legatees in the estate, either minors or adults, as may be nonresidents of the country and nationals of the High Contracting Party by which the consular officers was appointed, unless such heirs or legatees have appeared, either in person or by duly authorized representatives.
2. A consular officer of either High Contracting Party shall have the right, on behalf of the nonresident nationals of the High Contracting Party by which he was appointed, to collect and receipt for their distributive shares derived from estates in process or probate or accruing under the provisions of workmen's compensation laws or other like statutes, for transmission through channels prescribed by his Government to the proper distributes, provided that the court or other agency making distribution through him may require him to furnish reasonable evidence of the remission of the funds to the distributes, it being understood that his responsibility with respect to remission of such funds shall cease when such evidence has been furnished by him to and accepted by such court or other agency.
Article XI
1. A consular officer of either High Contracting Party shall have exclusive jurisdiction over controversies arising our of the internal order of private vessels of his country and shall alone exercise jurisdiction in situations, wherever arising, between officers and crews, pertaining to the enforcement of discipline on board, provided the vessel and the persons charged with wrongdoing shall have entered the territorial waters or territories within his consular district. Consular officers shall also have jurisdiction over issues concerning the adjustment of wages of the crews and the execution of contracts relating to their wages or conditions of employment, provided the local laws so permit.
2. When acts committed on board private vessels of the country by which the consular officer has been appointed and within the territories or the territorial waters of the High Contracting Party by which he has been received, constitute crimes according to the laws of the receiving country, subjecting the persons guilty thereof to punishment by a sentence of death or imprisonment for a period of at least one year, the consular officer shall not exercise jurisdiction except insofar as he is permitted to do so by the laws of the receiving country.
3. A consular officer shall have the right freely to invoke the assistance of the local police authorities in all matters pertaining to the maintenance of internal order on board vessels of his country within the territories or the territorial waters of the country by which he has been received, and upon such request the requisite assistance shall be given promptly.
4. A consular officer shall have the right to appear with the officers and crews of vessels of his country before the judicial authorities of the country by which he has been received for the purpose of observing proceedings or of rendering assistance as an interpreter or agent.
Article XII
1. A consular officer of either High Contracting Party shall have the right to inspect within the ports of the other High Contracting Party within his consular district, the private vessels of any flag destined to and about to clear for the ports of his country, for the sole purpose of observing the sanitary conditions and measures taken on board such vessels, in order that he may be enabled thereby to execute intelligently bills of health and other documents required by the laws of his country, and to inform his Government concerning the extent to which its sanitary regulations have been observed at ports of departure by vessels destined to its ports, with a view to facilitating entry of such vessels.
2. In exercising the right conferred upon them by this Article, consular officers shall act with all possible dispatch and without unnecessary delay.
Article XIII
1. All proceedings relative to the salvage of vessels of either High Contracting Party wrecked upon the coasts of the other High Contracting Party shall be directed by the consular officer of the country to which the vessel belongs and within whose district the wreck may have occurred, or by some other person authorized for such person authorized for such purpose by the law of such country and whose identity and authority shall be made known to the local authorities by the consular officer.
2. The local authorities of the country where the wreck has occurred shall immediately inform the consular officer, or such other authorizes person, of the occurrence. Pending the arrival of the consular officers or such other authorized person, the authorities shall take all necessary measures for the protection of persona and the preservation of the wrecked property. The local authorities shall intervene only to maintain order, to protect the interests of the salvors, if the salvors do not belong to the crew of the wrecked vessel, and to ensure the execution of the arrangements which shall be made for the entry and exportation of the salvaged merchandise and equipment. It is understood that such merchandise and equipment shall not be subjected to any customs or customhouse charges unless intended for consumption in the country where the wreck has occurred.
3. When the wreck occurs within a port, there shall be observed also those arrangements which may be ordered by the local authorities with a view to avoiding any damage that might otherwise be caused thereby to the port and to other ships.
4. The intervention of the local authorities shall occasion no expense of any kind of the owners or operators of the wrecked vessels, except such expenses as may be caused by the operations of salvage and the preservation of the merchandise and equipment saved, together with expenses that would be incurred under similar circumstances by vessels of the country.
Article XIV
Honorary consuls or vice consuls of either High Contracting Party, as the case may be, shall enjoy those rights, privileges, exemptions and immunities provided for in Article I, paragraph 1, Article II, paragraph 1, Articles VI, VII, VIII, IX, X, XI, XII, XIII, and XIV of the present Convention, for which they have received authority in conformity with the laws of the High Contracting Party by which they are appointed; and they shall enjoy in any case all the rights, privileges, exemptions and immunities enjoyed by honorary consular officers of the same rank of any third country.
Article XV
A consular officer shall cease to discharge his functions (1) by virtue of if an official communication from the Government of the High Contracting Party by which appointed addressed to the Government of the High Contracting Party by which he has been received advising that his functions have ceased, or (2) by virtue of a request from the Government of the High Contracting Party by which appointed that an exequatur be issued to a successor, or (3) by withdrawal of the exequatur granted him by the Government of the High Contracting Party in whose territory he has been discharging his duties.
Article XVI
1. The present Convention shall be ratified and the ratification thereof shall be exchanged at Manila. The Convention shall take effect in all its provisions immediately upon the exchange of ratifications and shall continue in force for the term of ten years.
2. If, six months before the expiration of the aforesaid period of ten years, the Government of neither High Contracting Party shall have given notice to the Government of the other High Contracting Party of an intention to terminate the Convention upon the expiration of the aforesaid period of ten years, the Convention shall continue in effect after the aforesaid period and until six months from the date on which the Government of either High Contracting Party shall have notified to the Government of the other High Contracting Party an intention to terminate the Convention.
In faith whereof the above-named plenipotentiaries have signed the present Convention and have affixed thereto their seals.
Done in duplicate at Manila, this fourteenth day of March in the year of our Lord one thousand nine hundred and fourty-seven and of the Independence of the Republic of the Philippines the first.
For the Government of the United States of America:
[SEAL] Paul V. McNutt.
For the Government of the Republic of the Philippines:
[SEAL] E. Quirino.