PROTECTION OF SUBMARINE CABLES Convention and additional article signed at Paris March 14 1884 1 Senate advice and consent to ratification June 12 1884 Ratified by the President of the United States January 26 1885 Ratifications exchanged at Paris April 16 1885 Proclaimed by the President of the United States May 22 1885 Entered into force May 1 1888 24 Stat 989 Treaty Series 380 TRANSLATION CONVENTION His Excellency the President of the United States of America His Majesty the Emperor of Germany King of Prussia His Excellency the President of the Argentine Confederation His Majesty the Emperor of Austria King of Bohemia etc Apostolical King of Hungary His Majesty the King of the Belgians His Majesty the Emperor of Brazil His Excellency the President of the Republic of Costa RIca His Majesty the King of Denmark His Excellency the President of the Dominican Republic His Majesty the King of Spain His Excellency the President of the United States of Colombia His Excellency the President of the French Republic Her Majesty the Queen of the United Kingdom of Great Britain and Ireland Empress of India His Excellency the President of the Republic of Guatemala His Majesty the King of the Hellenes His Majesty the King of Italy His Majesty the Emperor of the Ottomans His Majesty the King of the Netherlands Grand Duke of Luxemburg His Majesty the Shah of Persia His Majesty the King of Portugal and the Algarves His Majesty the King of Roumania His Majesty the Emperor of all the Russias His Excellency the President of the Republic of Salvador His Majesty the King of Servia His Majesty the King of Sweden and Norway and His Excellency the President of the Oriental Republic of Uruguay desiring to secure the maintenance of telegraphic communication by means of submarine cables have resolved to conclude a convention to that end and have appointed as their Plenipotentiaries to wit 1 For definition of the sense of terms of arts 2 and 4 see declaration of Dec 1 1886 TS 380-2 post p 112 for provisions for putting convention into execution pursuant to art 16 see final protocol of July 7 1887 TS 380-3 post p 114 89 90 MULTILATERAL AGREEMENTS 1776-1917 His Excellency the President of the United States of America Mr L P Morton Envoy Extraordinary and Minister Plenipotentiary of the United States of America at Paris etc etc etc and Mr Vignaud Secretary of the Legation of the United States of America at Paris etc etc etc His Majesty the Emperor of Germany King of Prussia His Highness Prince Charles Victor von Hohenlohe-Schillingsfiirst Prince of Ratibor and Corvey Grand Chamberlain of the Crown of Bavaria His Ambassador Extraordinary and Plenipotentiary near the Government of the French Republic etc etc etc His Excellency the President of the Argentine Confederation M Balcarce Envoy Extraordinary and Minister Plenipotentiary of the Confederation at Paris etc etc etc His Majesty the Emperor of Austria King of Bohemia etc Apostolical King of Hungary His Excellency Count Ladislas Hoyos Actual Privy Counselor His Ambassador Extraordinary and Plenipotentiary near the Government of the French Republic etc etc etc His Majesty the King of the Belgians Baron Beyens His Envoy Extraordinary and Minister Plenipotentiary at Paris etc etc etc and Mr Leopold Orban Envoy Extraordinary and Minister Plenipotentiary Director General of Political Affairs at the Department of Foreign Affairs of Belgium etc etc etc His Majesty the Emperor of Brazil Mr d'Araujo Baron d'Itajuba Charge d'Affaires of Brazil at Paris etc etc etc His Excellency the President of the Republic of Costa-Rica Mr Leon Somzee Secretary of the Legation of Costa-Rica at Paris etc etc etc His Majesty the King of Denmark Count de Moltke-Hvitfeldt His Envoy Extraordinary and Minister Plenipotentiary at Paris etc etc etc His Excellency the President of the Dominican Republic Baron de Almeda Envoy Extraordinary and Minister Plenipotentiary of the Dominican Republic at Paris etc etc etc His Majesty the King of Spain His Excellency Manual Silvela de Ie Vielleuse permanent Senator member of the Spanish Academy His Ambassador Extraordinary and Plenipotentiary near the Government of the French RepUblic etc etc etc His Excellency the President of the United States of Colombia Doctor Jose G Triana Consul-General of the United States of Colombia at Paris etc etc etc His Excellency the President of the French RepubliC Mr Jules Ferry Deputy President of the Council Minister of Foreign Affairs etc etc etc and Mr Adolphe Cochery Deputy Minister of Posts and Telegraphs etc etc etc Her Majesty the Queen of the United Kingdom of Great Britain and Ireland Empress of India His Excellency the Right Honorable Richard SUBMARINE CABLES-MARCH 14 1884 91 Bikerton Pernell Viscount Lyons Peer of the United Kingdom of Great Britain and Ireland member of Her British Majesty's Privy Council Her Ambassador Extraordinary and Plenipotentiary near the Government of the French Republic etc etc etc His Excellency the President of the Republic of Guatemala Mr Crisanto Medina Envoy Extraordinary and Minister Plenipotentiary of the Republic of Guatemala at Paris etc etc etc His Majesty the King of the Hellenes Prince Maurocordato His Envoy Extraordinary and Minister Plenipotentiary at Paris etc etc etc His Majesty the King of Italy His Excellency General Count Menabrea Marquis de Valdora His Ambassador Extraordinary and Plenipotentiary near the Government of the French Republic etc etc etc His Majesty the Emperor of the Ottomans His Excellency Essad Pasha His Ambassador Extraordinary and Plenipotentiary near the Government of the French Republic etc etc etc His Majesty the King of the Netherlands Grand Duke of Luxemburg Baron de Zuylen de Nyevelt His Envoy Extraordinary and Minister Plenipotentiary at Paris etc etc etc His Majesty the Shah of Persia General Nazare-Aga His Envoy Extraordinary and Minister Plenipotentiary at Paris etc etc etc His Majesty the King of Portugal and the Algarves Mr d'Azevedo Charge d'Affaires of Portugal at Paris etc etc etc His Majesty the King of Roumania Mr Alexander Odobesco Charge d'Affaires ad interim of Roumania at Paris etc etc etc His Majesty the Emperor of all the Russias His Excellency the Aid-deCamp General Prince Nicholas Orloff His Ambassador Extraordinary and Plenipotentiary near the Government of the French Republic etc etc etc His Excellency the President of the Republic of Salvador Mr Torres Caicedo Envoy Extraordinary and Minister Plenipotentiary of the Republic of Salvador at Paris etc etc etc His Majesty the King of Servia Mr Marinovitch His Envoy Extraordinary and Minister Plenipotentiary at Paris etc etc etc His Majesty the King of Sweden and Norway Mr Sibbern His Envoy Extraordinary and Minister Plenipotentiary at Paris etc etc etc His Excellency the President of the Oriental Republic of Uruguay Colonel Diaz Envoy Extrao dinary and Minister Plenipotentiary of the Republic of Uruguay at Paris etc etc etc Who after having exchanged their full powers which were found to be in good and due form have agreed upon the following articles ARTICLE ·1 The present Convention shall be applicable outside of the territorial waters to all legally established submarine cables landed in the territories colonies or possessions of one or more of the High Contracting Parties 92 MULTILATERAL AGREEMENTS 1776-1917 ART 2 The breaking or injury of a submarine cable done willfully or through culpable negligence and resulting in the total or partial interruption or embarrassment of telegraphic communication shall be a punishable offiense but the punishment inflicted shall be no bar to a civil action for damages This provision shall not apply to ruptures or injuries when the parties guilty thereof have become so simply with the legitimate object of saving their lives or their vessels after having taken all necessary precautions to avoid such ruptures or injuries ART 3 The High Contracting Parties agree to insist as far as possible when they shall authorize the landing of a submarine cable upon suitable conditions of safety both as regards the track of the cable and its dimensions ART 4 The owner of a cable who by the laying or repairing of that cable shall cause the breaking or injury of another cable shall be required to pay the cost of the repairs which such breaking or injury shall have rendered necessary but such payment shall not bar the enforcement if there be ground therefor of article 2 of this Convention ART 5 Vessels engaged in laying or repairing submarine cables must observe the rules concerning signals that have been or shall be adopted by common consent by the High Contracting Parties with a view to preventing collisions at sea When a vessel engaged in repairing a cable carries the said signals other vessels that see or are able to see those signals shall withdraw or keep at a distance of at least one nautical mile from such vessel in order not to interfere with its operations Fishing gear and nets shall be kept at the same distance Nevertheless a period of twenty-four hours at most shall be allowed to fishing vessels that perceive or are able to perceive a telegraph ship carrying the said signals in order that they may be enabled to obey the notice thus given and no obstacle shall be placed in the way of their operations during such period The operations of telegraph ships shall be finished as speedily as possible ART 6 Vessels that see or are able to see buoys designed to show the position of cables when the latter are being laid are out of order or are broken shall keep at a distance of one quarter of a nautical mile at least from such buoys Fishing nets and gear shall be kept at the same distance SUBMARINE CABLES-MARCH 14 1884 93 ART 7 Owners of ships or vessels who can prove that they have sacrificed an anchor a net or any other implement used in fishing in order to avoid injuring a submarine cable shall be indemnified by the owner of the cable In order to be entitled to such indemnity one must prepare whenever possible immediately after the accident in proof thereof a statement supported by the testimony of the men belonging to the crew and the captaffi of the vessel must within twenty-four hours after arriving at the first port of temporary entry make his declaration to the competent authorities The latter shall give notice thereof to the consular authorities of the nation to which the ownerof the cable belongs ART 8 The courts competent to take cognizance of infractions of this convention shall be those of the country to which the vessel on board of which the infraction has been committed belongs It is moreover understood that in cases in which the provision contained in the foregoing paragraph cannot be carried out the repression of violations of this convention shall take place in each of the contracting States in the case of its subjects or citizens in accordance with the general rules of penal competence established by the special laws of those States or by international treaties ART 9 Prosecutions on account of the infractions contemplated in articles 2 5 and 6 of this convention shall be instituted by the State or in its name ART 10 Evidence of violations of this convention may be obtained by all methods of securing proof that are allowed by the laws of the country of the court before which a case has been brought When the officers commanding the vessels of war or the vessels specially commissioned for that purpose of one of the High Contracting Parties shall have reason to believe that an infraction of the measures provided for by this Convention has been committed by a vessel other than a vessel of war they may require the captain or master to exhibit the official documents furnishing evidence of the nationality of the said vessel Summary mention of such exhibition shall at once be made on the documents exhibited Reports may moreover be prepared by the said officers whatever may be the nationality of the inculpated vessel These reports shall be drawn up in the form and in the language in use in the country to which the officer drawing them up belongs they may be used as evidence in the country in which they shall be invoked and according to the laws of such country The accused par- 94 MULTILATERAL AGREEMENTS 1776-1917 ties and the witnesses shall have the right to add or to cause to be added thereto in their own language any explanations that they may deem proper these declarations shall be duly signed ART 11 Proceedings and trial in cases of infractions of the provisions of this Convention shall always take place as summarily as the laws and regulations in force will pennit ART 12 The High Contracting Parties engage to take or to propose to their respective legislative bodies the measures necessary in order to secure the execution of this Convention and especially in order to cause the punishment either by fine or imprisonment or both of such persons as may violate the provisions of articles 2 5 and 6 ART 13 The High Contracting Parties shall communicate to each other such laws as may already have been or as may hereafter be enacted in their respective countries relative to the subject of this Convention ART 14 States that have not taken part in this Convention shall be allowed to adhere thereto on their requesting to do so Notice of such adhesion shall be given diplomatically to the Government of the French Republic and by the latter to the other signatory Governments ART 15 It is understood that the stipulations of this Convention shall in no wise affect the liberty of action of belligerents ART 16 This Convention shall take effect on such day as shall be agreed upon by the High Contracting Parties It shall remain in force for five years from that day and in case none of the High Contracting Parties shall have given notice twelve months previously to the expiration of the said period of five years of its intention to cause its effects to cease it shall continue in force for one year and so on from year to year In case one of the Signatory Powers shall give notice of its desire for the cessation of the effects of the Convention such notice shall be effective as regards that Power only SUBMARINE CABLES-MARCH 14 1884 95 ART 17 This Convention shall be ratified its ratifications shall be exchanged at Paris as speedily as possible and within one year at the latest In testimony whereof the respective Plenipotentiaries have signed it and have thereunto affixed their seals Done in twenty-six copies at Paris this 14th day of March 1884 For the United States L P MORTON HENRY VIGNAUD For Guatemala SEAL SEAL For Germany HOHENLOHE MAUROCORDATO SEAL For the Argentine Confederation M BALCARCE SEAL SEAL For the Dominican Republic EMANUEL DE ALMEDA For Colombia JOSE G TRIANA SEAL SEAL For France JULES FERRY AD COCHERY SEAL SEAL For the United Kingdom LYONS SEAL BN ZUYLEN DE NYEVELT SEAL For Persia SEAL For Portugal F D'AzEVEDO SEAL ODOBESCO SEAL For Russia SEAL For Spain MANUEL SILVELA SEAL For Romania For Denmark MOLTKE-HVlTFELDT ESSAD NAZARE-AGio SEAL For Costa Rica LEON SOMZEE MENABREA For the Netherlands SEAL SEAL For Brazil BN D'ITAJUBA SEAL For Italy For Turkey SEAL For Belgium BEYENS LEOPOLD ORBAN SEAL SEAL For Austria-Hungary LADISLAS COUNT Hoyos CRISANTO MEDINA For Greece PRINCE ORLOFF SEAL For El Salvador J M TORRES-CAicEDO SEAL For Serbia I MARINOVITCH SEAL For Sweden and Norway G SIBBERN SEAL For Uruguay SEAL JUAN J DIAZ SEAL ADDITIONAL ARTICLE The stipulations of the Convention concluded this day for the protection of submarine cables shall be applicable according to Article 1 to the colonies and possessions of Her Britannic Majesty with the exception of those named below to wit Canada Newfoundland The Cape Natal New South Wales Victoria I 21 l-fl1 -68---8 Queensland Tasmania South Australia West Australia New Zealand 96 MULTILATERAL AGREEMENTS 1776-1917 Nevertheless the stipulations of the said Convention shall be applicable to one of the above-named colonies or possessions if in their name a notification to that effect has been addressed by the representative of Her Britannic Majesty at Paris to the Minister of Foreign Affairs of France 2 Each of the a bove-named Colonies or possessions that shall have adhered to the said Convention shall have the privilege of withdrawing in the same manner as the contracting powers In case one of the colonies or possessions in question shall desire to withdraw from the Convention a notification to that effect shall be addressed by Her Britannic Majesty's representative at Paris to the Minister of Foreign Affairs of France Done in twenty-six copies at Paris this fourteenth day of March 1884 L P MoRTON HENRY VIGNAUD HOHENLOHE M BALCARCE LADISLAS COUNT Hoyos BEVENS LEOPOLD ORBAN BN D'ITAJUBA LEON SOMZEE MOLTKE-HVITFELDT EMANUEL DE ALMEDA MANUEL SILVELA JOSE G TRIANA JULES FERRY AD COCHERY LYONS CRISANTO MEDINA MAUROCORDATO MENABREA ESSAD BN DE ZUYLEN DE NYEVELT NAZARE-AGA F D'AzEVEDO ODOBESCO PRINCE ORLOFF J M TORRES-CAiCEDO I MARINOVITCH G SIBBERN JUAN J DIAZ • The Government of the United Kingdom notified the French Government on May 30 1885 of the extension of the convention to South Australia on Oct 17 1885 of the extension to Victoria on July 28 1886 of the extension to Queensland and on Sept 23 1888 of the extension to all the other territories listed in the additional article