(b) That the said Convention affects neither the tariff systems nor the treaty-making methods of the participating countries nor the measures taken to ensure the application thereof, including measures to counteract dumping, bounties, subsidies, unfair methods or acts in foreign trade, under valuation or discrimination.
HUGH R. WILSON
30-I-28
AUSTRIA
E. PFLÜGL
8-XI-27
BELGIUM
J. BRUNET
F. van LANGENHOVE
8-XI-27
GREAT BRITAIN
AND NORTHERN IRELAND
and those Parts of British Empire which are not separate Members of the League of Nations.
I declare that my signature does not include any of His Britannic Majesty's colonies, protectorates or territories under suzerainty or mandate.
S. J. CHAPMAN
8-XI-27
INDIA
Under the terms of Article 10 I declare that my signature does not include the territories in India of any Prince or Chief under the suzerainty of His Majesty.
ATUL C. CHATERJEE
26-IV-28
BULGARIA
Prof. GEORGES DANAILOW
8-XI-27
CHILE
At the moment of signing the present Convention, the undersigned declares, on behalf of his Gouvernment:
(a) That he is fully convinced that Nos. 1 and 3 of Article 4 cannot be invoked by the other High Contracting Parties to prohibit or restrict the importation into their territories of Chilian nitrate of soda, principally employed in agriculture.
(b) That, in the Chilian Government's opinion, the Convention affects neither the tariff system nor the treatymaking methods of the participating countries, nor the measures taken to ensure their application, including the measures intended to counteract the effects of dumping.
E. VILLEGAS
14-VI-28
DENMARK
Subject to reservation as regards Greenland.
J. CLAN
8-XI-27
EGYPT
SADIK E. HENEIN
8-XI-27
ESTONIA
C. R. PUSTA
FINLAND
RAFAEL ERICH
8-XI-27
FRANCE
On signing the present Convention, France declares that by its acceptance it does not intend to assume any obligation in regard to any of its Colonies, Protectorates and territories under its suzerainty or mandate.
D. SERRUYS
8-XI-27
HUNGARY
SARANYAI ZOLTÁN
ITALY
A. DI NOLA
8-XI-27
JAPAN
In signing the International Convention fox the Abolition of Import and Export Prohibitions and Restrictions, we the undersigned, declare that the provisions of Article 8 of the present Convention are in no way derogatory to the acts of the Japanese judicial authorities in the application of Japanese laws and decrees.
N. ITO
J. TSUSHIMA
LATVIA
CHARLES DUZMANS
31-I-28
LUXEMBURG
ALBERT CALMES
8-XI-27
NORWAY
GEORG WETTSTEIN
31-I-28
THE NETHERLANDS
POSTHUMA
DE GRAAFF
F. M. WIBAUT
8-XI-27
POLAND
F. SOKAL
8-XI-27
PORTUGAL
FRANCISCO DE CALHEIROS
E MENEZES.
31-I-28
ROUMANIA
D. J. GHEORGHIU
CÉSAR POPESCU
Subject to ratification by the Roumanian Goverment and Parliament.
8-XI-27
KINGDOM OF THE SERBS, CROATS AND SLOVENES.
CONST. FOTITCH
SIAM
CHAROON
8-XI-27
SWEDEN
EINAR HENNINGS
2-XII-27
SWITZERLAND
W. STUCKI
8-XI-27
CZECHOSLOVAKIA
Dr. IBL
8-XI-27
TURKEY
M. KEMAL
14-V-28
Certified true copy.
For the Secretary-General:
The Legal Adviser of the Secretariat.
J. A. BUERO m. p.
Protocol to the Convention.
At the moment of signing the Convention of to-day's date for the Abolition of Import and Export Prohibitions and Restrictions, the undersigned, duly authorised, have agreed on the following provisions, which are intended to ensure the application of the Convention
Section I.
ad Article 1.
a) The words "territories of the High Contracting Parties" employed in the Convention refer only to territories to which it is made applicable.
b) Should the Customs territory of any High Contracting Party include territories which are not placed under his sovereignty, these territories axe also to be regarded as "territories" within the meaning of the Convention.
c) In, view of the fact that within or immediately adjacent to the territory of India there are areas or enclaves, small in extend and population in comparison with such territory, and that these areas or enclaves form detached portions or settlements of other parent States, and, that it is impracticable for administrative reasons to apply to them the provisions of the Convention, it is agreed that these provisions shall not apply to them.
India, however, will apply as regards, the areas or enclaves in question a regime which will respect the principles of the Convention and facilitate imports and exports as far as practicable, and will refrain from imposing in regard to them any new measures of prohibition or restriction which would not be authorised by the provisions of the Convention, unless there should be no other means of ensuring the collection of customs and excise duties.
Section II.
ad Article 2.
As regards the application of Article 2, the obligation accepted by Canada binds only the
Federal Government and not the Provincia: Governments, which, under the Constitution possess the power of prohibiting or restricting the importation and exportation of certain products into or from their territories.
Section III.
ad Article 4.
a) ad No. 4.
The protection of animals and plants against disease also refers to measures taken to preserve them from degeneration or extinction and to measures taken against harmful seeds, plants, parasites and animals.
b) ad No. 7.
The High Contracting Parties, although they have refrained from making any reference to measures relating to "standard" products and definitions of products, declare that this paragraph must be interpreted as in no way interfering with the practice followed by certain countries of subjecting the exportation of their products to certain conditions as to quality with the object of preserving the reputation of those products and at the same time of offering a guarantee to the foreign purchaser. They declare, on the other hand, that they interpret the paragraph in question as prohibiting recourse to any system of classifying or defining products which is employed as an inderect means of restricting the importation of foreign products or of subjecting importation to a regime of unfair discrimination.
c) ad No.7.
The High Contracting Parties declare that prohibitions or restrictions the sole object of which is either to prevent imported goods from escaping the payment of the customs duties applicable thereto, or in exceptional cases to prevent the importation of certain goods which would reduce the revenue from the duties imposed on certain other goods, may only be established or maintained, if no other effective means exist of securing the said revenue.
d) ad No. 7.
The High Contracting Parties declare that on account of the constitution of certain
States and the different methods of internal control which they employ, it should prove impossible to secure complete similarity of treatment between native and imported products, any such difference in treatment must not have the object or effect of establishing an unfair discrimination against the latter.
e) ad No. 8.
The High Contracting Parties declare that they have solely in view monopolies each of which applies only to one or more specific articles.
Section IV.
ad Article 6.
a) ad No. 1.
The High Contracting Parties who have made the reservations referred to in paragraph 1 of Article 6 declare that they do not regard their acceptance of the provisions of Article 18, paragraph 3, as an undertaking on their part that the circumstances which compelled them to make these reservations will have ceased to exist at the end of three years, but as entitling any High Contracting Party to resume his freedom of action if, in the event of these circumstances not having changed within the said period, he considered that his economic conditions were detrimentally affected by the maintenance of any of the prohibitions or restrictions to which the aforesaid reservations refer.
b) ad No. 2.
By allowing the exceptions referred to in Article 6, paragraph 2, the High Contracting Parties have not intended to give perpetual recognition to their existence, but merely to indicate that the necessity of abolishing these exceptions is not so imperative, in view of their slight importance in international trade.
c) ad No. 2.
The High Contracting Parties declare that, by accepting in the case of Roumania, in consideration of her exceptional situation of fact and of law, the reservation concerning crude oil in accordance with Article 6, paragraph 2, they have not in any way agreed to measures of prohibition or restriction for this product, which they regard as being of very great importance for the world market. The High Contracting Parties feel confident that, as soon as circumstances allow her to do so, Roumania herself, acting in the spirit of the preceding paragraph b) above, will abolish this prohibition, and, in the meantime, that she will take into account the interests of the neighbouring contracting countries.
The Roumanian Delegation fully associates itself with this declaration.
d) ad No. 4.
i) Scope of the Provision.
As regards paragraph 4, it is understood that any claims for exceptions which may be put forward after the date of present Convention shall refer only to prohibitions or restriction in force on that same date.
ii) Procedure.
1. Any High Contracting Party may make known by a communication addressed to the Secretary-General of the League of Nations any prohibitions. or restrictions which he desires to be able to maintain in virtue of paragraphs 1 and 2 of Article 6. Such communication must reach the Secretary-General before February 1st, 1928. It shall state the conditions, if any, on which the High Contracting Party in question would be prepared to abandon such prohibitions or restrictions.
2. As soon as possible after February 1st, 19289 the Secretary-General of the League of Nations shall notify the High Contracting Parties of all applications which he has, received under the preceding paragraph.
3. Any High Contracting Party wishing to make observations on any applications so communicated may forward such observations to the Secretary-General of the League of Nations not later than May 1st, 1928. As soon as possible after that date, the Secretary-General will inform the High Contracting Parties of all observations received.
4. Any applications and observations made by the High Contracting Parties, shall be examined at the meeting provided for in Article 17 of the Convention..
Section V.
ad Article 7.
The expression "trade of the High Contracting Parties" signifies the trade of their territories to which the Convention applies.
Section VI.
Prohibitions or restrictions applying to prison made goods are not within the scope of the Convention.
Section VII.
Should any prohibitions or restrictions be imposed within the limits laid down by the Convention, the High Contracting Parties shall strictly adhere to the following provisions as regards licences:
a) The conditions to be fulfilled and the formalities to be observed in order to obtain licences shall be brought immediately in the clearest and most definite form to the notice of the public;
b) The method of issue of the certificates of licences shall be as simple and stable as possible;
c) The examination of applications and the issue of licences to the applicants shall be carried out with the least possible delay;
d) The system or issuing licences shall be such as to prevent the traffic in licences. With this object, licences, when issued to individuals shall estate the name of the holder and shall not be capable of being used by any other person.
As regards the allocation of quotas, the High Contracting Parties, without pronouncing upon the method to be adopted, consider that an equitable allocation of such quotas is one of the essential conditions for the equitable treatment of international trade.
In faith whereof the Plenipotentiaries have signed the present Protocol.
Done at Geneva the eighth day of November, one thousand nine hundred and twenty-seven, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations, and of which authenticated copies shall be delivered to all Members of the League of Nations, and non-Member States represented at the Conference.
GERMANY
Dr. TRENDELENBURG
UNITED STATES OF AMERICA
HUGH R. WILSON
AUSTRIA
E. PFLUGL
BELGIUM
J. BRUNET
F. VAN LANGENHOVE
GREAT BRITAIN
AND NORTHERN IRELAND
and those Parts of the British Empire which are not separate Members of the League of Nations.
I declare that my signature does not include any of His Britannic Majesty's colonies, protectorates or territories under suzerainty or mandate
S. J. CHAPMAN
INDIA
Under the terms of Article 10 of the Convention I declare that my signature does not include the territories in India of any Prince or Chief under Suzerainty of His Majesty
ATUL C. CHATTERJEE
BULGARIA
Prof. GEORGES DANAILLOW
CHILE
E. VILLEGAS
DENMARK
Subject to reservation as regards Greenland.
J. CLAN
EGYPT
SADIK. E. HENEIN
ESTONIA
C. R. PUSTA
FINLAND
RAFAEL ERICH
FRANCE
Subject to the reservations made in signing the Convention.
D.SERRUYS
HUNGARY
BARANYAI ZOLTAN
ITALY
A. DI NOLA
JAPAN
Subject to the reservations made on signing the Convention.
N. ITO
J. TSUSHIMA
LATVIA
CHARLES DUZMANS
LUXEMBURG
ALBERT CALMES
NORWAY
GEORG WETTSTEIN
THE NETHERLANDS
POSTHUMA DE GRAAFF
F. M. WIBAUT
POLAND
F. SOKAL
PORTUGAL
FRANCISCO DE CALHEIROS E MENEZES
ROUMANIA
D. J. GHEORGHIN
CÉSAR POPESCU
Subject to ratifikation by the Roumanian Government and Parliament.
KINGDOM OF THE SERBES, CROATS AND SLOVENES
CONST. FOTITCH
SIAM
CHAROON
SWEDEN
EINAR HENNINGS
SWITZERLAND
W. STUCKI
CZECHOSLOVAKIA
Dr. IBL
TURKEY
M. KEMAL
Certified true copy.
For the Secretary-General:
J. A. BUERO m. p.
Legal Adviser of the Secretariat.
League of Nations.
SUPPLEMENTARY AGREEMENT
to the
Convention of November 8th, 1927,
for the Abolition of Import and Export Prohibitions
and Restrictions
(and Protocol).
Supplementary Agreement
to the Convention of November 8th, 1927,
for the Abolition of Import and Export Prohibitions and Restrictions.
The President of the German Reich; the President of the United States of America; the federal President of the Austrian Republic; His Majesty the King of the Belgians; His Majesty the King of Great Britain and Ireland and of the British Dominions Beyond the Seas, Emperor of India; His Majesty the King of the Bulgarians; the President of the Chilian Republic; His Majesty the King of Denmark; His Majesty the King of Egypt; the President of the Estonian Republic; the President of the Republic of Finland; the President of the French Republic; His Serene Highness, the Governor of Hungary; His Majesty the King of Italy; His Majesty the Emperor of Japan; the President of the Latvian Republic; Her Royal Higness the Grand Duchess of Luxemburg; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; the President of the Polish Republic; the President of the Portuguese Republic; His Majesty the King of Roumania; His Majesty the King of the Serbs, Croats and Slovenes; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; the President of the Czechoslovak Republic; the President of the Turkish Republic.
Having regard to the Convention signed at Geneva on November 8th, 1927, for the Abolition of Import and Export Prohibitions and Restrictions;
Having regard to the provisions of Article 17 of the said Convention;
Have appointed as their Plenipotentiaries for the meeting provided for in the said Article,
namely:
The President of the German Reich:
Dr. Ernst Trendelenburg,
Secretary of State to the Ministry of National Economy;
The President of the United States of America:
Mr. Hugh R. Wilson,
Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council;
The Federal President of the Austrian Republic:
Dr. Richard Schüller,
Head of Section at the Federal Chancellery;
His Majesty the King of the Belgians:
M. J. Brunet,
Envoy Extraordinary and Minister Plenipotentiary;
M. F. van Langenhove,
Chef du Cabinet and General Director for Foreign Commerce in the Ministry of Foreign Affairs;
His Majesty the King of Great Britain and Ireland and of the British Dominions Beyond the
Seas, Emperor of India:
For Great Britain and Northern Ireland and all parts of the British Empire which are not separate Members of the League of Nations;
Sir Sydney Chapman, K.C.B., C.B.E.,
Economic Adviser to His Britannic Majesty's Government;
For India:
Mr. H. A. F. Lindsay, C.I.E., C.B.E.,
Indian Trade Commissioner;
His Majesty the King of the Bulgarians:
M. D. Mikoff,
Charge d'Affaires at Berne;
The President of the Chilian Republic:
M. Tomas Ramirez Frias,
Deputy, former Minister of State, Professor of Political Economy and Civil Law at the University of Santiago;
His Majesty the King of Denmark:
M. J. Clan,
Envoy Extraordinady and Minister Plenipotentiary, Chairman of the Danish Commission for the Conclusion of Commercial Treaties;
M. William Borberg,
Permanent Danish Representative accredited to the League of Nations;
His Majesty the King of Egypt:
Sadik Henein Pasha,
Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Italy;
The President of the Estonian Republic:
M. A. Schmidt,
Assistant Minister for Foreign Affairs;
The President of the Republic of Finland:
M. Rudolf Holsti,
Envoy Extraordinary and Minister Plenipotentiary, Permanent Delegate accredited to the League of Nations;
M. Gunnar Kihlman,
Director of Political and Commercial Affairs at the Ministry Foreign Affairs;
The President of the French Republic:
M. Daniel Serruys,
Director of Commercial Agreements in the Ministry of Commerce;
His Serene Highness the Governor of Hungary:
M. Alfred Nickl,
Counsellor of Legation;
His Majesty the King of Italy:
M. A. Di Nola,
Director-General of Commerce and of Economic Policy;
M. Pasquale Troise,
Director-General of Customs;
His Majesty the Emperor of Japan:
M. N. Ito,
Counsellor of Embassy, Acting Director of the Imperial Japanese League of Nations Office;
M. J. Tsushima,
Financial Commissioner of the Japanese Government in London, Paris and New York;
The President of the Latvian Republic:
M. Charles Duzmans,
Minister Plenipotentiary, Permanent Representative accredited to the League of Nations;
Her Royal Highness the Grand Duchess of Luxemburg:
M. Albert Cahnes,
Member of the Superior Council of the Economic Union of Belgium and Luxemburg;
His Majesty the King of Norway:
M. Gunnar Jahn,
Director of the Norwegian Central Bureau of Statistics;
Her Majesty the Queen of the Netherlands:
Dr. F. E. Posthuma,
Former Minister of Agriculture, Industry and Commerce;
M. de Graaff,
Former Minister of the Colonies;
M. F. M. Wibaut,
Member of the Netherlands Senate;
The President of the Polish Republic:
M. François Dolezal,
Under Secretary of State at the Ministry of Industry Commerce, member of the Economic Commitee of the League of Nations;
The President of the Portuguese Republic:
M. A. d'Oliveira,
Envoy Extraordinary and Minister Plenipotentiary accredited to the Swiss Federal Council and to His Majesty the King of the Belgians, permanent Delegate accredited to the League of Nations;
M. F. de Calheiros a Menezes,
First Secretary of Legation, Chief of the Portuguese Office accredited to the League of Nations;
His Majesty the King of Roumania:
M. Constantin Antoniade,
Envoy Extraordinary and Minister Plenipotentiary accredited to the League of Nations;
M. D. Gheorghiu,
Director of the Roumanian National Bank;
M. C. Popescu,
Director-General of Industry in the Ministry of Industry and Commerce;
His Majesty the King of the Serbs, Croats and Slovenes:
M. Constantin Fotitch,
Permanent Delegate accredited to the League of Nations;
M. Georges Curcin,
Secretary-General of the Serb-Croat-Slovene Confederation of Industrial Corporations;
His Majesty the King of Siam:
His Highness Prince Charoon,
Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic;
His Majesty the King of Sweden:
M. Einar Modig,
Under-Secretary of State at the Ministry of Commerce;
The President of the Swiss Federal Council:
M. Walter Stucki,
Head of the Commerce Division in the Federal Department of Public Economy;
The President of the Czechoslovak Republic:
Dr. Vincent Ibl,
Counsellor of Legation in the Ministry of Foreign Affairs;
The President of the Turkish Republic:
Hassan bey,
Vice-President of the Grand National Assembly of Turkey;
Who, having communicated their full powers, found in good and due form, have agreed on the following provisions, intended to supplement the provisions of the aforesaid Convention, of which they shall form an integral part.
Article A.
the Annex to Article 6 of the Convention of November 8th, 1927, is supplemented as follows for the benefit of the countries named hereafter: