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TREATY OF PEACE, FRIENDSHIP
AND MUTUAL UNDERSTANDING
BETWEEN THE KINGDOM OF HAWAI'I
AND THE KINGDOM OF ENENKIO
WHEREAS, the Kingdom of EnenKio and the Kingdom of Hawai'i,
equally animated with the desire of maintaining the relations of
good understanding which have hitherto so happily subsisted between
their respective states, desire to mutually recognize their respective
sovereign nations; and,
WHEREAS, the respective Governments, being mindful of
a progression of relevant historic events surrounding distinct claims
over the islands of Eneen-Kio Atoll, also known as Eneen-Kio, Enen-kio,
San Francisco, Halcyon, Otori, Wake and by other appellations introduced
by visitors to said atoll from Spain, Germany, China, Japan, The
Kingdom of Hawai'i, the United States and others; and,
WHEREAS, the respective Governments wish to forevermore
quiet any unresolved territorial claims, perpetuate a circumstance
of Peace and ensure good relations between their nations and their
peoples; and,
WHEREAS, these Governments wish to lawfully recognize
the other's political structure, affirm their national sovereignty
and establish formal diplomatic relations; and,
WHEREAS, these Governments are desirous of promoting economic,
social and cultural exchanges and support of all their peoples unalienable
natural Rights, substantiated by such landmark charters as all acknowledged
scriptures of spiritual enlightenment, the English Magna Charta,
the Declaration of Independence, Articles of Confederation, the
Constitution and Bill of Rights of the united States of America,
the 1839 Hawaiian Declaration of Rights, the lawful Constitutions
of these states, the Law of Nations and the Charter of the United
Nations;
NOW THEREFORE, the appointed Plenipotentiaries of these
Governments, who, after having exchanged testimony of their full
powers, found in good and due form, have resolved, agreed and signed
the covenants in the following articles:
ARTICLE I
The Kingdom of Hawai'i and the Kingdom of EnenKio do hereby formally
and officially recognize their respective Governments and all the
rightful authorities of one another of their Governments to exercise
all such inherent powers within their respective jurisdictions as
may be provided in accordance with international law and as are
or may be established under the Charter of the United Nations for
sovereign member states of that organization.
ARTICLE II
The Kingdom of Hawai'i and the Kingdom of EnenKio do hereby declare
that a state of Perpetual Peace does exist between their sovereign
states and peoples.
ARTICLE III
The Kingdom of Hawai'i and the Kingdom of EnenKio further declare
that they shall undertake such necessary and proper steps as may
be appropriate to implement this accord and shall, therefore, enter
into such further agreements as may be desirous from time to time
to promote and enhance good relations in support of one another
in pursuing Perpetual Peace for their peoples and sovereignty of
their Governments.
ARTICLE IV
There shall be reciprocal liberty of commerce and navigation between
EnenKio and the Hawaiian Islands. No duty of customs, levy or other
impost, shall be charged upon any goods, produce or manufacture
of one nation, upon importation from such nation into the other,
other or higher than the duty or impost charged upon goods of the
same kind, imported from any other country. These Governments do
hereby agree that the subjects or citizens of one state shall not
enjoy any favor, privilege or immunity, in matters of commerce and
navigation, which shall not also, at the same time, be extended
to the subjects or citizens of the other.
ARTICLE V
The Kingdom of Hawai'i and the Kingdom of EnenKio further declare
that all reciprocal rights, conferred by any treaty whatsoever signed
by the Kingdom of Hawai'i and implemented prior to the 1893 overthrow
of the Hawaiian Kingdom by forces of the United States, shall be
hereby affirmed valid and in force with respect to the Kingdom of
EnenKio, which shall enjoy the same privileges and power as those
of the most favored nations.
ARTICLE VI
The Governments hereby grant reciprocal diplomatic recognition
of representatives and consuls and shall conduct their diplomatic
and consular relations in accordance with those defined and enumerated
in the Vienna Convention on Consular Relations of April 18, 1961,
and the Vienna Convention on Consular Relations of April 24, 1963.
Pending accreditation of the permanent staff of each Government's
mission to the other, each shall treat personnel assigned to perform
diplomatic or consular functions as if they were members of the
other's permanent mission.
ARTICLE VII
The Kingdom of Hawai'i, mindful of the state of war declared to
exist over the Kingdom of EnenKio by reason of acts by the federal
government of the United States, hereby grants political asylum
to representatives of the Kingdom of EnenKio Government, and to
such citizens thereof who may elect to request same of the Kingdom
of Hawai'i.
ARTICLE VIII
Following establishment of relations, the two Governments, upon
request of either, shall enter into negotiations with the other
for the prompt settlement of any claims and other financial and
property matters that arise between them. Respecting the former
status of Eneen-Kio as a Hawaiian Dependency, the claim is perpetually
relinquished in favor of the establishment of administration founded
upon Marshallese tradition, culture and system of tenure.
ARTICLE IX
There shall be granted to the Government of the Kingdom of EnenKio
the liberty of establishing an official embassy, as a Nation in
Exile, being under duress, acceptable to and within the grace of
the Kingdom of Hawai'i, for the purpose of conducting affairs of
state, coinage of money and fiscal instruments or financial notes,
issuance of bonds and certificates of indebtedness, administering
banking and commercial transactions, and for the printing, sale
and use of postal and philatelic products. Reciprocal conditions
and state privileges applicable for postal authorities and the mailing
of articles as set forth in prevailing directives and the constitution
of the Universal Postal Union shall be equally respected.
ARTICLE X
No duties of tonnage, harbor, lighthouses, pilotage, quarantine,
or other similar duties, of whatever nature, or under whatever denomination,
shall be imposed in either state upon the flagged vessels of the
other, in respect of voyages between the Kingdom of EnenKio and
the Hawaiian Islands. Vessels of one state, which may be employed
by the Government of the other, in the carrying of their Public
Mail across the Pacific Ocean, or from one port in that ocean to
another, shall have free access to the ports of the Hawaiian Islands
and EnenKio, with the privilege of stopping therein to refit, to
refresh, to land passengers and their baggage and for the transaction
of any business pertaining to public Mail services, and be subject
in such ports to no duties of tonnage, harbor, lighthouses, quarantine,
or other similar duties of whatever nature or of whatever denomination.
ARTICLE XI
The citizens and subjects of each of the two nations shall be free
in the state of the other to manage their own affairs themselves,
or to commit those affairs to the management of any persons whom
they may appoint as their broker or agent; nor shall the citizens
and subjects of the two states be restrained in their choice of
person to act in such capacities, nor shall they be called upon
to pay and salary or remuneration to any person whom they shall
not choose to employ. Absolute freedom shall be given in all cases
to the buyer and seller to bargain together and to fix the price
of any real property, goods or merchandise imported into, or to
be exported from either state, except generally in such case wherein
the laws and usages of the country may require the intervention
of any special agent in the estate and dominion of the states.
ARTICLE XII
If any ships or other vessels be wrecked on the coasts of either
of the states, such vessels, and all furniture and appurtenances
belonging thereunto, and all goods and merchandise shall be stored
with the least possible delay to the proprietors, which upon being
claimed thereby, shall be rendered forthwith. If there are no such
proprietors or agents on the spot, then the said goods, as well
as any papers found on board such wrecked vessels, shall be delivered
to the state consul, or vice consul, in whose district the wreck
took place, which consul shall pay any reasonable expenses incurred
in the preservation of the property, together with the rate of salvage,
and expenses of quarantine which would have been payable in the
like case of a wreck of a national vessel, it being understood that
in case of any legal claim upon such wreck, goods, or merchandise,
the same shall be referred for decision of the competent tribunals
of the state.
ARTICLE XIII
This Agreement and Treaty of Peace shall enter into force upon
signature of the Parties. Done in Honolulu, Hawai'i this 9th day
of October, 1997, in the English language.