War Trade Board Files: Panama Canal, License Control

The Acting Governor of the Panama Canal ( Feuille ) to the Bureau of Exports of the War Trade Board

Sirs: Referring to letter No. 1 of November 12, and various communications addressed to you since that date, regarding export control in the Canal Zone,1 to none of which any letter reply has been received, please be advised that, in the absence of any special instructions, it has been necessary to formulate a policy for the control of cargo originating in, or in transit through, the Canal Zone, based on the information already received and in accord with local conditions.

Under date of November 28, a circular, three copies of which are attached, was addressed to all concerned on the subject of export licenses, although exports had been under control and licenses granted here for some time prior to this date, as your records will show. A second circular was issued under date of December 12, three copies of which are also attached, together with three copies of the form of shipper’s export declaration referred to in the last mentioned circular.1 [Page 1278] This declaration is submitted in quadruplicate, and one copy affixed to each copy of cargolicense. With the triplicate copy of the declaration, and the triplicate copy of the cargo license, there will be forwarded to your office a copy of the vessel’s manifest in each case.

Of course, this arrangement is possible in the Canal Zone only, because all cargo at Canal Zone ports is unladed, transferred, and laded by the Panama Railroad Co., which is a U. S. Government corporation.

Furthermore, in any consideration of the question of export control in the Canal Zone it should be borne in mind that the Panama Canal, a department of the U. S. Government, maintains an effective control over the movement of all shipping in Canal waters; therefore, if it is decided, for instance, to grant bunkers to any particular ship, the captain of the port, who is a Canal official, is so advised, and the actual issuance of the paper form of license is not deemed necessary, as the coal is supplied by the Panama Canal.

In the same way, it is believed that the matter of transit and transhipped cargo can be handled in the manner indicated in the Governor’s circular of December 12, without the necessity of actually issuing form licenses except for cargo in classes Nos. 7 and 8. Since the main desire is to control exports, and since the issuance of the paper form is only incidental to this control, it is believed that the arrangement whereby all shipping papers for cargo in the classes indicated in the circular of December 12 are submitted to the Bureau of Customs for notation upon the papers as to whether or not the cargo may go forward, should be satisfactory.

The Bureau of Customs is a branch of the Division of Civil Affairs, the Chief of which has charge of export control in the Canal Zone, as you have been previously advised, and all actions of customs inspectors are naturally subject to his supervision. Furthermore, the Panama Railroad Co., whose receiving and forwarding agent signs the export declarations referred to, is a corporation all of whose employees are employees of the United States Government, and who are just as keenly interested in the proper administration of exports control as are the employees of the Bureau of Customs or any other branch of the Government.

It should be understood that under the present arrangement the only cargo laded is that which falls in class 1 or 2, or has either been passed for export by the Bureau of Customs or covered by regular license, and that the receiving and forwarding agent of the Panama Railroad Co. submits a statement to that effect with the outgoing manifest. Although the circular states that the cargo of classes 1 and [Page 1279] 2 may be laded freely, an arrangement exists whereby the receiving and forwarding agent notifies the Bureau of Customs of any shipments in these classes which appear suspicious, even when the shipments are covered by export license from the United States or Allied countries. Such cargo is then examined, and held, if deemed necessary, pending advice from the War Trade Board.

You will note that transhipped cargo under class 2 is being handled in the same way as you have already authorized in the case of cargo of the same nature which is merely being carried through the Canal by vessels not stopping at either port. The authorization referred to was contained in your letter of November 13 to the Washington Office of the Panama Canal.1

Should any feature of the method now in effect here be misunderstood or deemed unsatisfactory, it is requested that the objection be referred to this office before any definite action is taken.

Respectfully,

Frank Feuille
[Enclosure 1]

Circular on the Subject of Export Licenses, Issued on November 28, 1917, by the Governor of the Panama Canal ( Harding )

To All Steamship Agents, Exporters, and Others Concerned:

You are advised that, effective at once, no cargo, excepting that originating in the United States or possessions, and covered by export license, or cargo destined to the United States or possessions, shall be exported from Canal Zone ports without license or permission from the Chief of the Division of Civil Affairs.

Applications shall be made in all cases to the chief customs inspector at the port of exportation upon forms provided for that purpose. Before accepting cargo for shipment carriers should request the consignor to apply for license, attaching copies of the ocean bill of lading to the application. If license is granted the bill of lading will be stamped with the license number, and if license is not required, the bill of lading will be so marked. The original license will be delivered to the applicant, who should hand it to the steamship company’s agent, with the completed bill of lading. There is a stub upon this license which shall be detached and completed by the chief customs inspector at the port of consignment, and all bills of lading covering local or trans-shipped cargo, together with all export licenses, and a complete manifest [Page 1280] of all local and trans-shipped cargo must be furnished to the chief customs inspector at the port of departure at least one hour before schedule time of sailing of the vessel. The customs office will check the bills of lading against the manifest and return all papers excepting the manifest to the proper officers of the vessel.

For all trans-shipped cargo not originating in, or destined to, the United States, or its possessions, it will be necessary for the steamship company’s agent to make application for export license in the absence of a regularly accredited agent of the consignor, or the consignee on the Isthmus.

Please note that the stipulation relative to outgoing manifest changes the present regulations, in that the manifest must be submitted at least 1 hour before sailing time of the vessel, instead of 48 hours afterward, and must contain a complete list, not only of local cargo, but of all cargo trans-shipped at a Canal Zone port.

Chester Harding
Governor
[Enclosure 2]

Circular on the Subject of Export Licenses, Issued on December 12, 1917, by the Governor of the Panama Canal ( Harding )

To All Steamship Agents, Exporters, and Others Concerned:

Referring to my circular of November 28, relative to export licenses, please be advised that cargo will be divided into classes as follows:

1.
Cargo originating in or destined to the United States or its possessions;
2.
Cargo both originating in the United Kingdom, France, Italy, or possessions, and destined to same;
3.
Cargo originating in the United Kingdom, France, Italy, or possessions, and destined to neutral countries;
4.
Cargo originating in or destined to Entente Allies other than those already mentioned;
5.
Cargo originating in European neutral countries destined anywhere except to the United States or possessions;
6.
Cargo both originating in and destined to neutral countries other than European neutrals;
7.
Cargo destined to European neutrals;
8.
Cargo originating in or reexported from the Republic of Panama.

The receiving and forwarding agent of the Panama Railroad Co. has been instructed that cargo of classes 1 or 2 may be unladed, transferred and laded freely.

[Page 1281]

For cargo of classes 3, 4, 5 and 6 the receiving and forwarding agent will submit all through bills of lading or accountable receipts or similar papers to the Bureau of Customs for inspection before the cargo is laded and as soon as possible after it is received. The chief customs inspector will indicate upon the bill of lading or accountable receipt whether or not the cargo may go forward.

All cargo of class 7, destined to European neutrals, must be covered by an export license for each commodity and each consignee, application for which should be made to the Bureau of Customs as far in advance of shipment as possible. In the absence of a regularly accredited agent of the consignor or the consignee on the Isthmus, it will be necessary for the agent of the connecting carrier to make such application.

For all cargo of class 8 applications for export licenses shall be made by consignors as far in advance of date of shipment as possible to the Bureau of Customs, which will indicate whether or not license is required and furnish the necessary forms.

Instead of presenting bills of lading with the outgoing manifest, which must be submitted at least one hour prior to the ship’s departure, the receiving and forwarding agent shall hand the chief customs inspector a shipper’s export declaration to the effect that all cargo shown on the manifest has been properly passed upon. The chief customs inspector will then issue an export license to the vessel in question covering the entire cargo as shown in the manifest.

Please note that under this arrangement, in many cases, individual shipments of cargo in classes such as 7 and 8 will be covered by export license, irrespective of the general cargo license which will be granted to a vessel upon its departure.

Chester Harding
Governor
  1. Not printed.
  2. Shippers export declaration not printed.
  3. Not printed.