Agreement between the War Trade Board of the United States and the Merchants’ Guild of Copenhagen and the Danish Chamber of Commerce1
The War Trade Board, an administrative agency empowered by Executive order of the President to license exports from the United States, hereinafter designated as the Board, and the Merchants’ Guild of Copenhagen and the Danish Chamber of Manufacturers, hereafter jointly designated as the Associations, have considered the commercial relations between the United States and Denmark, during the continuance of the present war, for which period this agreement shall continue, subject to termination at the end of twelve months by the Associations upon their giving three months prior notice in writing of their intention to terminate the same.
The Board and the Associations have agreed as follows:
Article I
1. The powers of the Board are administrative and pertain wholly to the Nation’s domestic or internal affairs.
2. In consideration of the stipulations hereinafter set forth, the Board agrees to license the export, or facilitate the obtaining, as the case may be, of the commodities enumerated in the schedules hereto annexed and made a part hereof.
3. If sufficient quantities of any of said commodities are not deemed available for exportation from the United States at the time when they are required, export licenses shall be granted for as great a part thereof as are available, compatible with the rules and regulations set forth in this agreement. And in such cases if there are in the United States commodities that can be spared which are capable of use as substitutes for the commodities named in the schedules, licenses will be granted for their export. And the War Trade Board will render such assistance as lies in its power to enable said associations to secure elsewhere the commodities enumerated in said schedules. And said Board will grant licenses for bunker fuel and ships stores under their rules governing the same to vessels transporting the same commodities to Denmark from the United States or other countries.
Vessels carrying supplies to Denmark in compliance with the present agreement shall not in any way be hindered, held or seized by the United States or the Governments associated with it in this [Page 1340] war, subject however to the exercise by the Allies of the right of visit and search.
4. The schedules annexed hereto are intended to set forth an estimate of Denmark’s actual needs. In the event Denmark’s needs exceed such estimates, requests for additional quantities of the commodities enumerated in said schedules with appropriate data in support of such requests may be presented for the consideration of the War Trade Board, but nothing herein contained is intended as an assurance that licenses will be granted for such increased quantities.
Denmark’s genuine requirements for home consumption of articles not mentioned in the schedules attached hereto will also, without present commitment, be taken into favorable consideration by the War Trade Board.
Article II
In consideration of the granting of such export and bunker and ship stores licenses for the exportation from the United States and other countries to Denmark of the commodities enumerated in the annexed schedules, the Associations agree to the following stipulations:
1. The quantities of the several commodities set forth in the schedules annexed, for which licenses may be granted, are based upon the total estimated import needs of Denmark (exclusive of imports from the Central Powers, provided they originated in the territory of said Powers) for each twelve months period during the continuance hereof, and, since these commodities are to be withdrawn from already restricted world supplies, it is expressly understood that all supplies Denmark is enabled to import from all other countries (except the Central Powers as above) shall, as and when imported, be deducted from the quantities of the several commodities enumerated in said schedules. It is understood with respect to commodities in the schedule imported from Finland or Russia, that each two tons shall be counted upon as only the equivalent of one ton imported from elsewhere.
The commodities described in the said annexed schedules are to be imported for consumption in Denmark; and the quantities thereof which shall be licensed (notwithstanding the aggregate quantities set forth in the schedules annexed) shall at all times be limited by actual internal requirements of Denmark, with due regard to existing stocks and to the importation into Denmark from countries where the license of the Board is not required, other than the Central [Page 1341] Powers as aforesaid, of like commodities or commodities capable of use as substitutes for those described in the annexed schedules.
No articles imported into Denmark under the provisions hereof shall be directly or indirectly exported from Denmark to the Central Powers nor shall any articles released by such importation be exported from Denmark to the Central Powers.
2. No articles shall be exported by Denmark to any other neutral country for exportation directly or indirectly to Germany or her allies, nor shall any articles be exported to any other neutral country in any case where such exportation will directly or indirectly serve to release for export to Germany or her allies any article or commodity in such neutral country of whatever origin.
3. The Associations will furnish the Board with guarantees similar to those which they have undertaken to issue to the British Government under the Anglo-Danish trade agreement of November 19, 1915, and will use every effort within their power in regard to the effective enforcement of all export prohibitions, regulations and restrictions.
4. The right is reserved to the War Trade Board to determine the distribution of the allotments for export from the United States both as to time and port, but due consideration shall be given to any representations of the Associations that may from time to time be made in regard thereto. And the Associations will from time to time freely consult with the Board as to the oversea sources from which the articles which are to be imported into Denmark shall be obtained.
5. No commodities which the United States or its associates in the war will furnish to Denmark shall be used in the production of any commodity to be exported to the Central Powers. If any commodity or any part thereof imported under this agreement by Denmark shall be exported or re-exported to any neutral country such commodities shall be exported or re-exported on the express condition that they shall not be exported or re-exported by such neutral country to the Central Powers, and the Associations undertake to take such steps as will effectively prevent such re-export to the Central Powers. With respect to such non re-export, the following guarantees will be satisfactory to the Board until written or telegraphic notice to the contrary:
- For Switzerland—Agreement of the S[ociété] S[uisse de] S[urveillance Economique];
- For Holland—Agreement of the N[etherlands] O[versea] T[rust];
- For Sweden—Handels Kommission certificate or the guarantee of such association or associations as may be at the time of such exports acting under the agreement between Sweden and the Associated Governments.
- For Norway—Such association or associations as may be acting at the time of such export under the United States-Norwegian agreement.
6. It is further guaranteed by the Associations that lubricating oils, kerosene and gasolene received from the United States shall not be employed in factories or in manufacturing plants of any kind operating to produce commodities for export to Germany except as follows:
To avoid inconvenience which will result from the literal enforcement of the preceding paragraphs in regard to the use of lubricating oil, kerosene and gasolene in the catching of fish for whose export to the Central Powers provision is made in the note of the Danish Minister of even date herewith, it is stipulated that said prohibitions shall not be applicable to exports of the quantity of fish provision for the export of which is made in said note, provided that the Central Powers shall furnish in advance of the export of the fish intended for said Powers oil in the ratio of about one ton for each ten tons of fish so to be exported.
To avoid like inconvenience in regard to the oil, kerosene and gasolene employed in the manufacture of butter and bacon in dairies and pig slaughteries, the product of which shall be in part supplied to Germany and in part to the other Scandinavian countries and Great Britain, it is agreed that the prohibition contained in the note of the Danish Minister aforesaid shall not limit the right to use oil, kerosene and gasolene obtained from the United States and her associates in Danish dairies and pig slaughteries in which only dairy products and pork products respectively are produced.
7. The Associations agree not to issue any import guarantee to or for any person or firm or corporation on the statutory or enemy trade lists, and the Associations agree with respect to persons, firms or corporations, concerning whom they receive notice that they are suspected of enemy affiliations, to grant only temporary guarantees pending examinations of proofs under the rules now governing under the Anglo-Danish agreement.
8. The Associations agree to furnish or procure the furnishing of the same guarantees as under the Anglo-Danish agreement with respect to all commodities imported into Denmark from Norway and/or Sweden with respect to their non re-export to the Central [Page 1343] Powers, and the Associations further agree that no articles shall be directly or indirectly released by the importation of commodities imported from Sweden and/or Norway for exportation to the Central Powers.
Article III
1. It is understood and agreed that the persons, firms and corporations who may export to the Central Powers commodities in the quantities in the note of even date herewith from the Danish Minister to the Chairman of the War Trade Board provided for shall not, because of such export by them, be deemed enemies or be discriminated against by the United States or the nations associated with the United States in the war.
Article IV
Nothing herein contained shall be construed as in any manner modifying or changing the terms or conditions of any arrangements or agreements between the Governments of Denmark and France, Italy or Great Britain providing for the prohibition or restriction of exports from Denmark, nor the terms or conditions of any arrangement or agreement between the Governments of Denmark and France, Italy or Great Britain, or the terms or conditions of any guarantees given to or agreement made with those governments by Danish citizens or firms which either is now in force or which having been in abeyance owing to the suspension of imports into Denmark, may be revived when such imports recommence under the terms of this agreement. If any agreement by the terms of which Denmark is receiving from any country associated with the United States in the war all or any part of any commodity needs provided for in the annexed schedules, shall, during the continuance of this agreement, be denounced or terminated at the instance of the Danish Government, then the quantity of any commodity which Denmark would have been entitled to receive had she permitted the agreement so terminated to continue in force shall be deducted from the quantities of such commodities set forth in the annexed schedules.
By
Merchants’ Guild of Copenhagen
and
Danish Chamber of Manufacturers
By
- The texts of this and the following agreement and letter are those of the War Trade Board’s confidential print. The final draft of each in the War Trade Board files bears the notation “approved” with the signatures of R. S. Hudson of the British Embassy and Grimprel of the French High Commission.↩