1. Returned.
2. Considering that the items “bamboo, rattans, willows, and osiers”
are all articles actually used or capable of being used in the
manufacture of aircraft parts, it may be concluded that such items
are already embraced in the contraband list of reference (b), article 24(b); and
considering that the item “sodium fluoride” in the form of
“artificial cryolite” is involved in the production of metallic
aluminum which is extensively employed in the manufacture of arms,
ammunition, and in aircraft production, this item is embraced in the
same list, (a), (b),
and (c), all three; and considering further
that the items “tin waste,” “lead and its alloys, salts, compounds,
and ores,” “tin and its alloys, salts, compounds and ores,” “wire
steel and iron and manufactures thereof” are all employed or capable
of being employed as “materials or ingredients used in their
(munitions) manufacture,” these items come under the same list, (a) and (b).
3. In this connection it should be noted that in reference (b) there is no expressed distinction between
“absolute contraband “and “conditional, or relative, contraband.”
Destination appears to be the deciding factor in this respect.
[Section II of Instructions for the Navy of the
United States Governing Maritime Warfare, June, 1917,
dealing with contraband, reads as follows:
General
23. In the absence of notice of change which the Government of
the United States may make at the outbreak of or during war, the
following classification and enumeration of contraband will
govern commanders of ships of war.
Contraband List
24. The articles and materials mentioned in the following
paragraphs (a), (b), (c), and (d), actually destined to territory belonging to or
occupied by the enemy or to armed forces of the enemy, and the
articles and materials mentioned in the following paragraph (e) actually destined for the use of the
enemy Government or its armed forces, are, unless exempted by
treaty, regarded as contraband.
- (a)
- All kinds of arms, guns, ammunition, explosives, and
machines for their manufacture or repair; component parts
thereof; materials or ingredients used in their manufacture;
articles necessary or convenient for their use.
- (b)
- All contrivances for or means of transportation on land,
in the water or air, and machines used in their manufacture
or repair; component parts thereof; materials or ingredients
used in their manufacture; instruments, articles or animals
necessary or convenient for their use.
- (c)
- All means of communication, tools, implements,
instruments, equipment, maps, pictures, papers and other
articles, machines, or documents necessary or convenient for
carrying on hostile operations.
- (d)
- Coin, bullion, currency, evidences of debt; also metal,
materials, dies, plates, machinery or other articles
necessary or convenient for their manufacture.
- (e)
- All kinds of fuel, food, foodstuffs, feed, forage, and
clothing and articles and materials used in their
manufacture.
Noncontraband
25. Articles and materials even though enumerated in paragraph
24, if exempted, by special treaty provisions, are not regarded
as contraband.
The following paragraphs from section IX, dealing with liability
to capture, are to be considered in connection with the
above:
Carriage of Contraband
69. Contraband, in paragraph 24(a), (b), (c), and (d), is liable to capture if its actual
destination is the territory belonging to or occupied by the
enemy, or the armed forces of the enemy. It is immaterial
whether the carriage of the contraband to such actual
[Page 921]
destination be direct
in the original vessel or involve trans-shipment or transport
overland. …
70. Contraband, in paragraph 24(e), is
liable to capture if it is actually destined for the use of the
enemy government or its armed forces. It is immaterial whether
the carriage of contraband be direct in the original vessel, or
involve trans-shipment or transport overland.
Presumption as to Destination
71. A destination for the use of the enemy government or its
armed forces referred to in paragraph 70 is presumed to exist if
the contraband is consigned—
- (a)
- To enemy authorities.
- (b)
- To a port of equipment or supply of the armed forces
of the enemy or other place serving as a base for such
armed forces.
- (c)
- To a contractor or agent in enemy territory who, by
common knowledge, supplies articles of the kind in
question to the enemy authorities.
72. A destination to territory belonging to or occupied by the
enemy or to the armed forces of the enemy, referred to in
paragraph 69, is presumed to exist if the contraband is
consigned “to order,” “to order or assigns,” or with an unnamed
consignee, but in any case going to territory belonging to or
occupied by the enemy, or to neutral territory in the vicinity
thereof.]
