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Treaty of Friendship, Commerce and Reciprocal Establishment between Great Britain and Switzerland [1856] CATSer 1 (6 March 1856)

E100707 - CTS 1947 No. 26

TREATY OF FRIENDSHIP, COMMERCE, AND RECIPROCAL ESTABLISHMENT BETWEEN GREAT BRITAIN AND SWITZERLAND

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Swiss Confederation, being animated with the desire to maintain and strengthen the ties of friendship which happily subsist between the two countries, and to promote by every means in their power the commercial relations between their respective subjects and citizens, have resolved to conclude a Treaty of Friendship, Commerce, and reciprocal Establishment, and have for that purpose named as their Plenipotentiaries, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, George John Robert Gordon, Esquire, Her Minister Plenipotentiary to the Swiss Confederation;

And the Federal Council of the Swiss Confederation, Jonas Furrer, Doctor of Laws, President of the Swiss Confederation; and Frederick Frey Herosee, Federal Colonel, Member of the Swiss Federal Council;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles :

ARTICLE I

The subjects of Her Britannic Majesty shall be admitted to reside in each of the Swiss Cantons on the same conditions, and on the same footing, as citizens of the other Swiss Cantons. In the same manner, Swiss citizens shall be admitted to reside in all the territories of the United Kingdom of Great Britain and Ireland on the same conditions, and on the same footing, as British subjects.

Consequently, the subject and citizens of either of the two Contracting Parties shall, provided they conform to the laws of the country, be at liberty, with their families, to enter, establish themselves, reside, and remain in any part of the territories of the other. They may hire and occupy houses and warehouses for the purposes of residence and commerce, and may exercise, conformably to the laws of the country, any profession or business, or carry on trade in articles of lawful commerce by wholesale or retail, and may conduct such trade either in person or by any brokers or agents whom they may think fit to employ, provided such brokers or agents shall themselves also fulfil the conditions necessary for being admitted to reside in the country. They shall, not be subject to any taxes, charges, or conditions, in respect of residence, establishment, passports, licences to reside, establish themselves, or to trade, or in respect of permission to exercise their profession, business, trade, or occupation, greater or more onerous than those which are or may be imposed upon the subjects or citizens of the country in which they reside; and they shall, in all these respects, enjoy every right, privilege, and exemption which is, or may be, accorded to subjects or citizens of the country, or to subjects or citizens of the most favoured nation.

ARTICLE II

The subjects or citizens of either of the Contracting Parties residing or established in the territories of the other, who may wish to return to their country, or who may be sent back thither by a judicial sentence, by a measure of police legally adopted and executed, or in conformity with the laws respecting mendicity or morals, shall, with their families, be received at all times and under all circumstances, in the country of which they are natives, and where they shall have retained their rights conformably to the laws.

ARTICLE III

The dwellings and warehouses of the subjects or citizens of either of the two Contracting Parties in the territories of the other, and all premises appertaining thereto, destined for purposes of residence or commerce, shall be respected. No search of, or visit to, such dwellings and premises, and no examination or inspection of the books, papers, or accounts of the respective subjects and citizens shall be arbitrarily made, but such measures shall be executed only in conformity with the legal sentence, warrant, or order in writing of some tribunal or magistrate having competent constitutional or legal jurisdiction.

The subjects and citizens of either of the two Contracting Parties in the territories of the other, shall moreover have free and open access to the courts of justice for the prosecution and defence of their rights. They shall enjoy in this respect the same rights and privileges as subjects or citizens of the country, and shall, like them, be at liberty to employ, in all causes, their advocates, attorneys, or agents from among the persons admitted to the exercise of those professions according to the laws of the country.

ARTICLE IV

The subjects and citizens of either of the two Contracting Parties in the territories of the other shall be at full liberty to acquire, possess, and dispose of, whether by purchase, sale, donation, exchange, marriage, testament, succession ab intestato, or in any other manner whatever, every description of property which the laws of the country may permit any foreigners, of whatsoever nation, to hold. Their heirs and representatives may succeed to, and take possession of, such property, either in person or by agents acting on their behalf, in the ordinary form of law, in the same manner as subjects or citizens of the country; and in the absence of such heirs and representatives the property shall be treated in the same manner as the like property belonging to subject or citizen of the country under similar circumstances.

In none of these respects shall they pay upon the value of such property any other or higher impost, duty, or charge, than is payable by subjects or citizens of the country. In every case the subjects and citizens of the Contracting Parties shall be permitted to export their property that is to say, British subjects from the Swiss territory, and Swiss citizens from the British territory, freely, and without being subjected on such exportation, to pay any duty as foreigners, and without having to pay any other or higher duties than those to which subjects or citizens of the country are liable.

ARTICLE V

The subjects or citizens of either of the two Contracting Parties in the territories of the other, shall be exempted from all compulsory military service whatever, whether in the army, navy or national guard or militia. They shall also be exempted from all contributions, whether pecuniary or in kind, imposed as a compensation for personal service, as well as from military requisitions, with the exception of lodging and supplies, according to the custom of the country, and demandable alike from citizens and foreigners, for the military on a march.

ARTICLE VI

No other or higher duty, tax, impost, or charge, either in time of peace or in time of war, shall, under any circumstances, be imposed or levied upon, or in respect of, any property held by a subject or citizen of one of the two Contracting Parties in the territories of the other, than is, or may be, imposed or levied upon, or in respect of, the like property belonging to a subject or citizen of the country, or to a subject or citizen of the most favoured nation.

Nor shall any other tax or demand whatever be imposed or levied upon a subject or citizen of the Contracting Parties in the territories of the other Contracting Party, other or higher than is, or may be, imposed or levied upon a subject or citizen of the country, or upon a subject or citizen of the most favoured nation.

ARTICLE VII

It shall be free for each of the two Contracting parties to appoint Consuls to reside in the territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may be judged fit to be excepted.

The Consuls of each of the Contracting Parties in the dominions of the other shall enjoy whatever privileges, exemptions and immunities are, or shall be, granted there to Consuls of the most favoured nation.

ARTICLE VIII

In all that relates to the importation into, the warehousing in, the transit through, and the exportation from, their respective countries, of any article of lawful commerce, the two Contracting Parties engage that their respective subjects and citizens shall be placed upon the same footing as subjects and citizens of the country, or as the subjects and citizens of the most favoured nation in any case where the latter enjoy an exceptional advantage not granted to natives.

ARTICLE IX

Neither of the two Contracting Parties shall impose upon the importation, warehousing, transit, or exportation of any article, the growth, produce, or manufacture of the territories of the other, any other or higher duty than that which is, or may be, imposed upon the like article, being the growth, produce, or manufacture of any other foreign country.

ARTICLE X

The two Contracting Parties further engage that any favour in matters of commerce which either of them may hereafter grant to any third Power, shall be also, and at the same time, extended to the other Contracting Party.

ARTICLE XI

The present Treaty shall continue in force for ten years from the date of the exchange of the ratifications thereof, and further until the end of twelve months after either of the two Contracting Parties shall have given notice to the other of its intention to terminate the same; each of the Contracting Parties being at liberty to give such notice to the other at the end of the said term of ten years, or at any time afterwards.

ARTICLE XII

The present Treaty shall be ratified, and the ratification shall be exchanged at Berne as soon as possible within twelve months after its signature.

IN WITNESS WHEREOF, the respective Plenipotentiaries have signed the same in the English and French languages, and have affixed thereto the seal of their arms.

DONE in duplicate at Berne, the 6th day of September in the year of grace 1855.

George J. R. Gordon

Jonas Furrer

Frederick Frey Herosée