It is agreed that the foregoing engagement shall not affect rights already belonging to Russian or foreign subjects in those regions. (786)
Article XII. The Treaty of Commerce and Navigation between Japan and Russia having been annulled by the war,. the Imperial Governments of Japan and Russia engagd to adopt as the basis of their commercial relations, pending the conclusion of a new treaty of commerce and navigation on the basis of the Treaty which was in force previous to the present war, the system of reciprocal treatment on the footing of the most favoured nation, in which are included import and export duties, customs formalities, transit and tonnage dues, and the admission and treatment of the agents, subjects and vessels of one country in the territories of the other. (786)
Article XIII. As soon as possible after the present Treaty comes into force, all prisoners of war shall be reciprocally restored. The Imperial Governments of Japan and Russia shall each appoint a special Commissioner to take charge of prisoners. All prisoners in the hands of the Government shall be delivered to and received by the Commissioner of the other Government or by his duly authorized representative, in such convenient numbers and at such convenient ports of the delivering State &s such delivering State shall notify in advance to the Commissioner of the receiving State.
The Governments of Japan and Russia shall present to each other, as soon as possible after the delivery of prisoners has been completed, a statement of the direct expenditures respectively incurred by them for the care and maintainance of prisoners from the date of capture or surrender up to the time of death or delivery. Russia engages to repay Japan, as soon as possible after the exchange of the statements as above provided, the difference between the actual amount so expended by Japan and the actual amount similarly disbursed by Russia. (787)
Article XIV. The present Treaty shall be ratified by Their Majesties the Emperor of Japan and the Emperor of all the Russias. Such ratification shall, with as little delay as possible and in any case not later than fifty days from the date of the signature of the Treaty, be announced to the Imperial Governments of Japan and Russia respectively through the French Minister in Tokio and the Ambassador of the United States in Saint Petersburg and from the date of the later of such announcements this Treaty shall in all its parts come into full force.
The formal exchange of the ratification shall take place at Washington as soon as possible. (787)
Article XV. The present Treaty shall be signed in duplicate in both the English and French languages. The texts are in absolute conformity, but in case of discrepancy in interpretation, the French text shall prevail.
In witness whereof, the respective Plenipotentiaries have signed and affixed their seals to the present Treaty of Peace. (788)
Done at Portsmouth (New Hampshire) this fifth day of the ninth month of the thirty-eighth year of Meiji, corresponding to the twenty-third day of August (fifth September), one thousand nine hundred and five.
(Signed) Jutaro Komura (L.S.)
(Signed) K. Takahira (L.S.)
(Signed) Serge Witte (L.S.)
(Signed) Rosen (L.S.)
In conformity with the provisions of Articles III and IX of the Treaty of Peace between Japan and Russia of this date, the undersigned Plenipotentiaries have concluded the following additional Articles:
I. To Article III. The Imperial Governments of Japan and Russia mutually engage to commence the withdrawal of their military forces from the territory of Manchuria simultaneously and immediately after the Treaty of Peace comes into operation, and within a period of eighteen months from that date, the Armies of the two countries shall be completely withdrawn from Manchuria, except from the leased territory of the Liaotung Peninsula.
The forces of the two countries occupying the front positions shall be first withdrawn.
