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trade in a foreign country, the trading Government shall not,
in its character as such, be treated as entitled to any sovereign
immunity from taxation either directly or through the claim
of superiority to the jurisdiction of municipal Courts; nor
shall a Government so trading be treated as entitled to any
sovereign immunity from taxation in respect of property in the
other country concerned which it may own or hold in a trading
capacity or in connection with trade.
It is understood that, as the Committee recommended, it
would be a proviso to the whole agreement that it should be
without prejudice to the national interests of a sovereign State
in any emergency of war.
11.
The Conference further recommends that the draft conven-
tion on the immunity of State-owned ships adopted by the
meeting of the International Maritime Committee held at
Gothenburg in August last, and amended after consultation
between the British Admiralty and Board of Trade, should be
adopted throughout the Empire as the basis on which an inter-
national convention might be concluded. This amended draft
is as follows :
Immunity of State-owned Ships.
(Amended Draft: October 26, 1923.)
Article 1.—Vessels owned or operated by States for
trading purposes, cargoes owned by them and cargo and
passengers carried on such vessels and the States owning
or operating such vessels shall be subjected in respect of
claims relating to the operation of such vessels or to such
cargoes to the same rules of legal liability (i.c., liability
to be sued for payment) and to the same obligations as
those applicable to private vessels, persons or cargo.
Article 2.—Such liabilities shall be enforceable by the
tribunals having jurisdiction over and by the procedure
applicable to a privately-owned ship or cargo or thé owner
thereof.
Article 3.—Ships of war, State Yachts, Surveying
vessels, Hospital Ships and other vessels owned or operated
by States and employed on other than trading purposes
shall continue to enjoy the respective privileges and
immunities hitherto enjoyed by them by the comity of
nations.
Liabilities against such ships in respect of
collisions or salvage claims shall, however, be enforceable,
but only by action before the competent tribunals of the
State owning or operating such vessels; and no such vessel
shall be liable to arrest.
carried for non-commercial purposes in ships owned or
operated by the State shall not be subject to seizure, but
shall be liable to process of Law, but only in the Courts of
the State owning such vessels.
Article 4.—The provisions of this Convention will be
applied in every contracting State in all cases where the
claimant is a citizen of one of the contracting States, pro-
Similarly, State-owned cargo