Verdrag tussen het Koninkrijk der Nederlanden en de Chinese Republiek nopens opheffing van exterritoriale rechten in China en regeling van aanverwante zaken

The territories of the High Contracting Parties to which the present Treaty applies are, on the part of the Republic of China, all the territories of the Republic of China; and on the part of the Kingdom of the Netherlands, all the territories of the Kingdom of the Netherlands.
In the present Treaty, the term „nationals of the one (or of the other) High Contracting Party” shall, in relation to the Republic of China, mean all persons who are Chinese citizens by virtue of the Chinese nationality laws; and in relation to the Kingdom of the Netherlands, mean all persons being Netherlands subjects by virtue of the Netherlands nationality laws.

All those provisions of treaties or agreements in force between the Kingdom of the Netherlands and the Republic of China which authorise the Netherlands Government or its representatives to exercise jurisdiction over Netherlands nationals or companies in the territory of the Republic of China are hereby abrogated. Netherlands nationals and companies in the territory of the Republic of China shall be subject to the jurisdiction of the Government of the Republic of China in accordance with the principles of international law and practice.

The Netherlands Government considers that the Final Protocol concluded at Peking on September 7, 1901, between the Chinese Government and other Governments, including the Netherlands Government, should be terminated and agrees that the rights accorded to the Netherlands Government under that Protocol and under the agreements supplementary thereto shall cease.
The Netherlands Government will co-operate with the Government of the Republic of China for the reaching of any necessary agreements with other Governments concerned for the transfer to the Government of the Republic of China of the administration and control of the Diplomatic Quarter at Peiping, including the official assets and the official obligations of the Diplomatic Quarter, it being mutually understood that the Government of the Republic of China in taking over administration and control of the Diplomatic Quarter will make provision for the assumption and discharge of the official obligations and liabilities of the Diplomatic Quarter and for the recognition and protection of all legitimate rights therein.
The Government of the Republic of China hereby accords to the Netherlands Government a continued right to use for official purposes the land which has been allocated to the Netherlands Government in the Diplomatic Quarter in Peiping, on parts of which are located buildings belonging to the Kingdom of the Netherlands.

The Netherlands Government considers that the International Settlements at Shanghai and Amoy should revert to the administration and control of the Government of the Republic of China and agrees that the rights accorded to the Netherlands Government in relation to those Settlements shall cease.
The Netherlands Government will co-operate with the Government of the Republic of China for the reaching of any necessary agreements with other Governments concerned for the transfer to the Government of the Republic of China of the administration and control of the International Settlements at Shanghai and Amoy, including the official assets and the official obligations of those Settlements, it being mutually understood that the Government of the Republic of China in taking over administration and control of those Settlements will make provision for the assumption and discharge of the official obligations and liabilities of those Settlements and for the recognition and protection of all legitimate rights therein.

The present Treaty shall be ratified and the instruments of ratification shall be exchanged at Chungking as soon as possible.
The Treaty shall come into force on the day of the exchange of ratifications. In witness whereof the above mentioned Plenipotentiaries have signed the present Treaty and affixed their seals thereto.

In order to obviate any questions as to existing rights in respect of or as to existing titles to real property in the territory of the Republic of China possessed by Netherlands nationals or companies or by the Kingdom of the Netherlands, particularly questions which might arise from the abrogation of the provisions of treaties or agreements as stipulated in Article II, it is agreed that such existing rights or titles shall be indefeasible and shall not be questioned upon any ground except upon proof, established through due process of law, of fraud, or of fraudulent or other dishonest practices in the acquisition of such rights or titles, it being understood that no right or title shall be rendered invalid by virtue of any subsequent change in the official procedure through which it was acquired.
It is also agreed that these rights or titles shall be subject to the laws and regulations of the Republic of China concerning taxation, national defence, and the right of eminent domain; and that no such rights or titles may be alienated to the Government or nationals or companies of any third country without the express consent of the Government of the Republic of China.
It is also agreed that if it should be the desire of the Government of the Republic of China to replace by new deeds of ownership existing leases in perpetuity or other documentary evidence relating to real property held by Netherlands nationals or companies or by the Kingdom of the Netherlands, the replacement shall be made by the Chinese authorities without charges of any sort and the new deeds of ownership shall fully protect the holders of such leases or other documentary evidence and their legal heirs and assigns without diminution of their prior rights and interests, including the right of alienation.
It is further agreed that Netherlands nationals or companies shall not be required or asked by the Chinese authorities to make any payments of fees in connection with land transfers for or with relation to any period prior to the effective date of this Treaty.

Each of the High Contracting Parties shall accord to the nationals of the other the right to enter or to leave its territory and the right to travel, reside and carry on commerce throughout the whole extent of that territory.
With regard to all legal proceedings and all matters relating to the administration of justice and the levying of taxes of whatever description, each of the two Governments will endeavour to accord to nationals and companies of the other treatment not less favourable than that enjoyed by its own nationals and companies in its own territory.

The High Contracting Parties mutually agree that the consular officers of one of the High Contracting Parties, duly provided with exequaturs, shall be permitted to reside in such ports, places and cities of the other High Contracting Party as may be agreed upon.
The consular officers of one High Contracting Party shall have the right to interview, to communicate with and to advise the nationals of their country within their consular districts; they shall be informed immediately whenever the nationals of their country are under detention or arrest or in prison or are awaiting trial in their consular districts and shall, upon notification to the appropriate authorities, be permitted to visit any such nationals; and in general, the consular officers of one High Contracting Party shall be accorded in the territory of the other High Contracting Party the rights, privileges and immunities enjoyed by consular officers under modern international usage.
It is likewise agreed that the nationals of one High Contracting Party in the territory 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 the nationals of one High Contracting Party who are under detention or arrest or in prison or are awaiting trial in the territory of the other High Contracting Party shall be forwarded to their consular officers by the local authorities.

The High Contracting Parties will enter into negotiations for the conclusion of a comprehensive modern treaty or treaties of friendship, commerce, navigation and consular rights upon the request of either of them or in any case within six months after the cessation of the hostilities in the war against the common enemies in which they are both now engaged. The treaty or treaties to be thus negotiated should be based upon the principles of international law and practice as reflected in modern international procedure and in the modern treaties which each of the High Contracting Parties has respectively concluded with other Powers in recent years.
Pending the conclusion of the treaty or treaties referred to in the preceding paragraph, each of the High Contracting Parties agrees that the consular officers of the other will be permitted to exercise their functions as such in accordance with general principles of international law in all ports, cities and places of the former which are or may be open to consular officers of any foreign country.
Pending the conclusion of the treaty or treaties referred to in the first paragraph, if any questions affecting the rights in the territory of the Republic of China of Netherlands nationals or companies or of the Kingdom of the Netherlands, should arise in the future and if these questions are not covered by the present Treaty and the Exchange of Notes or by the provisions of existing treaties, conventions or agreements between the High Contracting Parties, not abrogated by or inconsistent with this Treaty and the Exchange of Notes, such questions shall be discussed by the representatives of the two Governments and shall be decided in accordance with the generally accepted principles of international law and with modern international practice.