Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I

File No. 5774/48–49.

Minister O’Brien to the Secretary of State.

American Legation,
Copenhagen, May 23, 1907.

No. 165.]

Sir: I acknowledge the receipt of your circular letter of the 12th of April last (file No. 5774), relating to the laws and regulations in force in this country concerning the treatment of commercial travelers and admission of samples.

I will inclose herewith copies in both Danish and English of the edict of June 8, 1839, which seems to fully cover the subject.

I beg to add that the duty demanded from traveling salesmen upon their samples will, under certain conditions and regulations, be refunded upon being reexported.

I am informed that the rules and regulations touching the treatment of commercial traveling men and samples of merchandise are the same for all people, from whatever country coming.

I have not been able to obtain any printed copy of the law in question.

I have, etc.,

T. J. O’Brien.

[Inclosure.]

Extract from the edict of the 8th of June, 1839, for Denmark, containing particulars concerning the trading rights of foreigners.

(1) Foreign merchants or commercial travelers coming to this Kingdom are not permitted to offer for sale or to make over goods elsewhere than in Copenhagen and the market towns (Kobs taederne) outside the capital. Neither are they permitted to offer for sale or to make over to persons other than those who are themselves lawfully entitled to trade as wholesalers or retailers and to manufacturers, mechanics, and other tradesmen. Moreover they may only deliver such goods as these respective dealers are themselves entitled to trade in, therefore they may only make over to manufacturers, mechanics, and other tradesmen such goods as each of the said persons needs for his or their respective trades. Likewise they are not permitted to make over goods in lesser quantities than those which wholesale dealers are themselves permitted to sell according to the commercial law of 29th of December, 1857 (p. 31). As to purchases effected in this country by foreigners and as to the prohibition of their reselling in this country goods which they have bought here, these matters are governed by the existing acts. Must not sell except in Copenhagen and market towns. Must only sell to people who are entitled to deal in the goods sold. Must not sell lesser quantities than the buyers themselves are allowed to resell.
Buying and reselling in Denmark.

(2) The foreign merchant or commercial traveler intending to transact business in the Kingdom must at the first customhouse at which he arrives from abroad produce to the customs officer concerned certificates from the authorities of his native country showing whether it is for his own account or for the account of others—and in the latter case for the account of which merchant or which manufacturer—he intends to trade. At the customs-house of the said place a license (patent) is issued to him, the said license must, before it is used, be produced to the local police superintendent (politiembedsmand) who will indorse it without making any charge. The license is valid for a year from date of issue, and after the lapse of the year may be exchanged for a new one, also valid for a year and which will be issued by the customs-house at any place where the applicant may be staying for the time being. For the said license and for every renewal thereof, the persons concerned—if he trades solely for his own account or for that of one commercial firm or one manufacturer, must pay to the royal exchequer a fee of 80 rixdollars Danish currency (krone 160=about £9), but if he travels for several commercial firms or manufacturers he must pay a further 40 rixdollars Danish currency for each one. Formalities necessary on landing. Granting of license. Duration of license. Cost of license. Charge for additional firms represented.

(3) If the person concerned carries samples, duty must be paid thereon in the manner decreed. Such samples as well as the pattern books or pattern cards which the commercial gentleman may carry, must be shown at the first custom-house at which he arrives from the foreign country, and a note is made on the license as to the nature and quantity of samples. At each town in which the foreigner intends to do business he must produce his license at the custom office as well as to the local police superintendent and it will be viséed by the latter as well as by the local customs officer without charge. Duty on samples. License to be produced at each town.

(4) Anyone having done business in a town before his license has been produced to the local police superintendent or in the event mentioned in page 3 to the police superintendent and to the customs authorities will be fined 8 rixdollars (krone 16). Anyone guilty of any other infraction of the above regulations will in addition to the fine inflicted for unlawful trading and for violation of the customs regulations also pay the proper fee, if such ought to have been paid, and a fine of 32 rixdollars (krone 96) for the second and 64 rixdollars (krone 128) for the third time. Anyone committing for the fourth time such a violation of the regulations, besides being again fined 64 rixdollars, forfeits his right to travel and offer for sale or supply goods in the kingdom; and if a foreigner, he will be expelled from the country by the police. Samples which have not been produced in the prescribed manner will be confiscated. Penalty for not producing license. Penalty for trading without a license. Confiscation of samples.