File No. 711. 5914/162
[Inclosure
1—Memorandum—Translation]
[Untitled]
In a note of August 25th last the American Minister here stated
that the American Consul in St. Thomas had reported:
- (1)
- That the West Indian Company, according to a
declaration from Captain Berg, maintains that the sole
and exclusive privilege of supplying ships in St.
Thomas’ harbor with liquid fuel is vested in the said
company,
- (2)
- That the company has an agreement with the Government
regarding the future water supply of the town and St.
Thomas harbor and,
- (3)
- That it is not subjected to taxation by the colonial
Government. In pursuance of the aforesaid the Legation
has requested the Danish Government to state whether it
considers the said privileges as incorporated in the
company’s concession.
After having been in telegraphic communication with the
Government of the Danish West India Islands in so far as
question (2) and (3) are concerned, we beg to furnish the
following information:
(1) The sole and exclusive privilege of supplying ships in St.
Thomas harbor with liquid fuel has never been conferred on the
West India Company.
In a communication in writing of April 16th 1913 from the
Minister of Finance to the West India Company of which
communication a copy has been submitted to the Government of the
United States by the Foreign Office the Ministry has stated:
“that the Ministry—within a period as to the extent of which the
company is requested to submit a proposal, and provided that the
company’s plant proves sufficient to accommodate the expected
traffic—will be willing to promise not to grant concession to
other companies to carry on commercial or industrial enterprises
or shipping trade in St. Thomas harbor.” The Ministry has not
been called upon to give such promise, nor has it given any, and
even if given, it would not, according to the terms cited above,
confer any privilege for the sale of liquid fuel, but would only
be a privilege to establish plants in St. Thomas harbor of the
kinds mentioned above.
(2) No agreement has been made with the West India Company
regarding the future water supply of Charlotte Amalie and St.
Thomas harbor.
(3) The West India Company has not been specially exempted from
paying dues, but has like other concerns been granted reductions
in the payment of harbor dues in accordance with Sec. 30,
Subsection 2 of Ordinance No. 24 of August 6, 1914, regarding
payment of duty and harbor dues in St. Thomas and St. Jan, and
Supplement of February 25, 1916, to the said Ordinance; in
addition thereto the Colonial Government has granted the company
exemption from payment of duties and conceded to it the right to
store goods in warehouses without payment of any dues on certain
conditions (in pursuance of Sec. 7, Sub-sect. 3 and 7 of Act No.
64 of April 1st, 1914 regarding exemption from the payment of
customs duty and harbor dues in St. Thomas and St. Jan); finally
attention is called to Ordinance No. 16 of April 1st 1913
regarding exemption from payment of duty and of harbor dues for
materials imported for the establishment of plants in and near
St. Thomas harbor. Copies of the aforesaid ordinance are
enclosed. As stated before, the West India Company has never
been granted other concessions than such as might have been and
actually have been granted to others.
[Inclosure 2—Translation]
Sec. 30, Subsec. 2, Ordinance No. 24,
of Aug. 6, 1914, regarding payment of duty and harbor dues in
St. Thomas and St. Jan.
The Government is authorized:
- 1.
- * * *
- 2.
- To grant a reduction in harbor dues on goods
transferred directly from ship to ship, made applicable
also to goods such as those mentioned in S. 2, No. 4, of
Law No. 64 of April 1, 1914, on customs duties and
harbor dues in St. Thomas and St. Jan, even if they are
not transferred directly from ship to ship, but are
deposited meantime in a warehouse of a steamship company
or wharf owner, provided the storage takes place under
conditions guaranteeing against abuse.
Sec. 7, Subsecs. 3 and 7, of Act No.
64 of April 1, 1914, regarding exemption, etc.
The Government is authorized:
- 1.
- * * *
- 2.
- * * *
- 3.
- To grant exemption from customs duty on goods
transferred directly from ship to ship and on goods such
as those mentioned in S. 2, No. 4, even if they are not
transferred directly from ship to ship, but are
meanwhile deposited in a warehouse of a steamship
company or wharf owner, provided the storage takes place
under conditions guaranteeing against abuse.
- 4—6.
- * * *
- 7.
- To grant storage in bond (duty free storage under
customs supervision) in private warehouses, of such
goods as are imported for temporary storage and are
intended for reexportation.
As security for the import duty to be paid on the stored goods if
not reexported, the customs treasury shall have a first mortgage
lien on the stored goods and a right of preference, for payment,
over all other property, goods, and effects of the receiver of
the goods. The Government may stipulate that further security
shall also be furnished.
If the goods are not reexported within 2 years after importation,
the import duty must be paid immediately; however, upon a
request being presented in due time, the Government may grant an
extension of duty free storage not to exceed one year at a
time.
The receiver of the goods (consignee) must submit to such
supervision over the stored goods and their importation and
exportation as the customs authorities may deem necessary, and
bear all expenses connected therewith. However, the Government
may grant relaxations in this supervision, taking into
consideration the rules of a like character prevailing in the
surrounding harbors.
The consignee shall be responsible for any irregularities
connected with the storage of the goods, in accordance with the
provisions contained in laws or regulations.
Supplement of February 25, 1916, to the
ordinance regarding customs duties and harbor dues in St. Thomas
and St. Jan, of Aug. 6, 1914.
We, Christian Tenth, etc.
The following shall be added to S. 30:
3. To grant a reduction in the harbor dues on goods transferred
directly from ship to ship, made applicable also to goods stored
under favor such as mentioned in No. 7, S. 7, of Law No. 64 of
Apr. 1, 1914, on customs duties and harbor dues in St. Thomas
and St. Jan; provided, however, that the full harbor dues shall
Be paid in the case cited under No. 4 of said provision.
No. 4 reads: 4. To grant duty-free importation of postal parcels
sent to warships in sealed mail bags according to the Universal
Postal Convention.
Ordinance No. 16 of 1913, on the exemption from customs duties
and harbor dues of materials imported for the establishment of
plants in and near St. Thomas harbor.
April 1, 1913.
We, Christian Tenth, etc.
The Government is authorized, for a period of 10 years, beginning
Jan. 1, 1913, to grant exemption from customs duties and harbor
dues on all materials, including working tools and machinery,
imported into St. Thomas for the establishment there of
considerable plants which are designed for the purpose of
supplying or serving ships entering the harbor, or which are
otherwise adapted to promote navigation in the harbor, etc.
