Papers Relating to the Foreign Relations of the United States, 1918, Supplement 1, The World War, Volume II

Joint Agreement between the Governments of Great Britain, France, and Italy and the Netherlands Oversea Trust¹

December 17, 1918.

It is hereby agreed between the Governments of Great Britain, France and Italy, hereinafter referred to as the Associated Governments, on the one part, and the Netherlands Oversea Trust, hereinafter referred to as the Trust, on the other part, as follows:

1. The Associated Governments undertake, subject to the due observance of the provisions of articles 2 and 3, that vessels on their way to Dutch home ports carrying goods consigned to the Trust and approved by the Associated Governments before shipment will not be detained for reasons connected with the goods except for purposes of examination.

Goods arriving in the Netherlands consigned to the Trust will not be withheld from delivery except where something unforeseen occurs between the time of the approval of the import of the goods by the Associated Governments and their arrival in the Netherlands (as for instance if the consignee has been placed on the black list). In such case the Associated Governments reserve the right to ask for the goods to be stored until the ratification of the treaty of peace; but the Associated Governments promise to restrict, as far as possible, the exercise of this right.

2. The Trust undertake that every consignment of goods which it is proposed to ship to the Netherlands addressed to the Trust from any place of origin whatsoever, excluding Denmark, Norway and Sweden, shall previously be submitted for approval of the Associated Governments except (1) in the case of exports from the United Kingdom or the United States or France or Italy such goods as shall be covered by export licenses issued by the respective Governments of those countries and (2) in the case of exports from countries where the system of letters of assurance is or may be in future operation, such goods as shall be covered by letters of assurance.

3. The Trust undertake as heretofore to issue no permits of importation in respect of any consignments whatsoever, whether of rationed commodities or otherwise, in favour of any companies, firms or persons whose names are either on the published black lists or on the confidential black lists of the Associated Governments, of which a copy is from time to time communicated to the Trust, and to allow no delivery directly or indirectly to such companies, firms or persons.

4. The Trust undertake that all goods imported on Dutch vessels into the Netherlands from Denmark, Norway and Sweden shall be consigned to the Trust after production of Trust certificates and under Trust conditions and the Trust will take such steps as may be possible to control in the above manner all imports into the Netherlands from Russia and Finland.

All imports of rationed goods from the above countries into the Netherlands on whatever vessels they may be carried shall be counted within the respective rations, and the Trust shall supply monthly returns of such imports.

The Trust shall take all steps in its power to limit the export of goods from the Netherlands to Norway, Sweden and Denmark to those goods which are covered by this agreement and the agricultural agreement. The Trust shall furnish to the Associated Governments monthly returns of all goods exported on Dutch vessels to the said countries.

5. Subject to the terms of article 23 all goods imported into the Netherlands from overseas shall be consigned to the Trust; and the Trust guarantee the home consumption of all such goods. This guarantee shall apply (without prejudice to any re-export which may be specially permitted by agreement with the Associated Governments) not only to the goods so imported but also to all articles and commodities which may be manufactured or produced therefrom as well as to all receptacles, containers and packing material in which the goods are imported. This guarantee shall extend to both the wholesale and retail trades.

The Trust undertake to control the ultimate destination of all such goods, and such control shall continue even in the event of any goods being requisitioned.

6. The phrase “home consumption” shall be deemed to include re-export to a Dutch colony.

7. Except in the case of the commodities enumerated in article 9 [8], the phrase “home consumption” shall also be deemed to include re-export to a neutral country, provided always that such re-export shall not take place through the territory of a country at war with the Associated Governments unless specially authorized by the Associated Governments and provided also that (a) where the importation of similar commodities into such neutral countries from overseas is regulated by an agreement or other arrangement between the Associated Governments and an importing association or other body, the commodities shall not be re-exported from the Netherlands until there shall have been issued in respect of them the certificate or other guarantee provided in such agreement or arrangement and shall be consigned in the manner provided in such agreement or arrangement and (b) where the importation of similar commodities into such neutral countries from overseas is not so regulated, the commodities shall only be re-exported under the same guarantees as are required by the Associated Governments in connection with the importation of similar commodities into such neutral country from overseas or under such other guarantees as may be approved by the Associated Governments upon proposal by the Trust.

8. Except where special authority shall be previously given by the Associated Governments the following commodities shall in no case be re-exported from the Netherlands to neutral countries:

Grain (rye, barley, oats, maize, rice), also meal and flour thereof.

Meat of all kinds (fresh, prepared and tinned).

Lard.

Tinned fish.

Feeding stuffs, including all articles used as fodder (as for instance barley, oats, maize, rice, bran, green fodder, hay, potatoes, beans, vetches, lupines, peas, lentils, malt, distillers’ waste, mangel wurzels), beetroot, beetroot chips, rape seed, linseed, cotton seed, earth nuts, soya beans, oil cakes (also meal).

Hides.

Leather.

Metals and metal manufactures of every description.

Cotton, cotton thread and cotton goods.

Wool and woollen goods.

Mineral and vegetable oils.

Fats of every kind.

Metal goods which are only partly made of metals and of which metal does not constitute the principal and most valuable element will not be considered to fall under this heading unless the metals used therein are of importance for military purposes. The above restriction will not affect articles ordinarily used in the packing of goods exported to neutral countries, such as nails, screws, hoop iron, etc., with exception of tinplate.

9. No re-export shall take place to any country or part of a country in the occupation of a country at war with the Associated Governments except with the approval of the Associated Governments.

10. When so requested by the Associated Governments the Trust will furnish statements of the stocks of any imported commodities (and products thereof) in the Netherlands, and when the Associated Governments have good ground for believing that excessive stocks or stores of such commodities already exist in the Netherlands the Trust will suspend the issue of permits of importation until such stocks have been disposed of or reduced to a figure to be mutually agreed.

11. Except where otherwise agreed, imports of rationed commodities into the Netherlands from all countries shall be counted within the respective rations, and the Trust shall furnish to the Associated Governments monthly reports of all such imports.

12. Whenever it is shown that the imports of any commodities for which a ration is or may be fixed are in excess of the ration, the Trust undertake not to deliver further consignments but to hold them in store until the position of the ration is redressed.

13. The Trust shall take all steps in their power to ensure that no permits for exportation either direct or indirect (especially for the “finishing traffic,” unless otherwise agreed) shall be given for commodities existing or produced in Holland (and which are thus free from Trust control) of a like nature to commodities consigned to the Trust. The term of a “like nature” shall be interpreted to denote those commodities which fulfil or can reasonably be said to fulfil the same needs as those imported by the Trust (“articles similaires”).

The Trust shall oppose the issue of any export license for any such goods, and should any export nevertheless take place the Trust shall refuse to grant consents for any import into the Netherlands of any such goods and shall inform the Associated Governments thereof giving the reasons for such refusal.

14. Consents for the importation of the following commodities shall be granted to actual consumers only: copper, nickel, antimony.

The Trust shall grant no consents for import of any goods whatever to forwarding agents except for goods of which they were respectively regular importers before the outbreak of war.

Wherever the name of a forwarding agent appears as consignee the Trust shall furnish to the Associated Governments the names of the ultimate receivers of the goods before delivery thereof.

15. When any imports into the Netherlands of raw materials other than rationed are specially licensed by the Associated Governments for the purpose of return in the form of manufactures therefrom to one or other of the Associated countries or in the form of packing for goods destined for one or other of the Associated countries or in any other form indicated, the Trust will do their best to secure the regular return of the whole of such raw materials in the form of manufactures or packing or other form, less in each case a quantity of 5 per cent of the raw materials, which quantity may be retained in the Netherlands for home consumption within the meaning of this agreement.

When any imports into the Netherlands of raw materials for which rations are or may be fixed are specially licensed by the Associated Governments in excess of such rations for the purpose of return in the form of manufactures therefrom to one or other of the Associated countries or in the form of packing for goods destined for one or other of the Associated countries or in any other form indicated, the Trust will do their best to secure the regular return of the whole of such raw materials in the form of manufactures or packing or other forms.

Notwithstanding anything to the contrary herein contained the Trust will do their best to secure the return to Associated countries of all receptacles and packing material imported into the Netherlands from Associated countries for the express purpose of containing or packing goods destined for export to Associated countries.

16. The Trust shall furnish as and when requested by the Associated Governments periodical statistics of all imports into and exports from the Netherlands as far as these fall under the scope of this agreement.

The Trust shall furnish from time to time to the Associated Governments copies of forms of all Trust contracts.

17. Vessels sailing from Dutch home ports the manifests of which are endorsed with a certificate by the Trust’s Committee for Dutch Overseas Interests (hereinafter called the Committee) that the cargo consists only of licensed goods, provided they call for examination at a port to be notified to the Trust beforehand in such case, will not be detained on the ground that they were carrying goods of enemy origin or enemy ownership longer than is necessary for the examination and verification of their papers.

18. Licensed goods shall mean:—

(a) Goods of Dutch origin in respect of which certificates of origin have been issued in joint collaboration by the Netherlands Customs Officials and the factory inspectors, and visé by the Committee for Dutch Overseas interests.

Such goods will be marked “A” on the manifest.

(b) Goods of neutral origin which have been forwarded direct to the Netherlands for shipment. These goods must be shipped from Holland without being repacked and must be accompanied by a British or United States or French or Italian consular certificate of origin establishing their neutral origin.

Such goods will be marked “B” on the manifest.

(c) Goods accompanied by British, French, Italian, Portuguese or United States consular certificates establishing to the satisfaction of the Committee that they are of British, French, Italian, Portuguese or United States origin.

Such goods will be marked “C” on the manifest.

(d) Consignments for the carriage of which a permit has been issued by the I[nter-]A[llied] T[rade] C[ommittee].

Such goods will be marked “D” on the manifest.

(e) (1). Manufactured articles, exported direct from the Netherlands in Dutch vessels to a Dutch colony, of which not more than 25 per cent of the value represents enemy labour employed in their manufacture or materials of enemy origin.

The N.O.T. will in every case guarantee that the articles are for consumption in the Dutch colony to which they are consigned and will in no circumstances be transshipped or re-exported to any other destination.

Such goods will be marked “E” on the manifest.

(e) (2). Manufactured articles exported from the Netherlands to any other destination, of which not more than 5 per cent of the value represents enemy labour employed in their manufacture or material of enemy origin.

Such goods will be marked “EE” on the manifest.

(f) Spare parts of machinery of enemy origin necessary for the proper working of machinery itself [of] enemy origin already installed in the Dutch colonies.

Such goods will be marked “F” on the manifest.

(g) The following drugs of enemy origin for bona fide consumption in the Dutch colonies:

Fermocyl tablets, fuchsin acid, orexin tannin, eugallol. (These drugs are at present unobtainable in sufficient quantities from neutral or Allied sources but this clause is subject to revision should this cease to be the case.)

Such goods will be marked “G” on the manifest, and the precise nature of the drugs will also be specified.

19. In any case of doubt as to the propriety of licensing the shipment of goods [of] other than purely Dutch origin the Trust shall furnish to the representatives of the Associated Governments at The Hague on their request, a full explanation of the circumstances of the case at issue, together with all documents connected therewith and shall not license the shipment until the Associated Governments have signified their concurrence.

20. The operation of the various special agreements enumerated in the annexed list,¹ except in so far as they are inconsistent with the terms of this agreement, is not limited by this agreement.

21. For the purpose of this agreement, the term “countries at war with the Associated Governments” shall be deemed to include territory in the occupation of such countries.

22. All postal packets for the Netherlands of a value exceeding five pounds shall be consigned to the Trust and shall be subject to the usual guarantees, with the exception of:

(1) Parcels destined to prisoners of war.

(2) Parcels destined to diplomatic and consular officials or other privileged persons.

(3) Parcels licensed by the exporting Allied authorities destined to private individuals.

23. All communications between the Associated Governments and the Trust on the subject of or relative to this agreement shall take place between the Trust and the representatives of the Associated Governments at The Hague.

24. This agreement shall come into force on the date of its execution and shall continue until final ratification of the treaty or treaties of peace by all the Associated Governments and the Central Powers unless previously terminated by mutual agreement.

Cessation of this agreement or termination or withdrawal under the terms of this clause shall not affect obligations of the N.O.T. attaching under this agreement to articles then already imported or shipped, and such obligations shall continue in force until three months after the final ratification of the treaty or treaties of peace.

25. Power is reserved to the War Trade Board of the United States (an administrative agency acting pursuant to authority conferred upon it by the President of the United States pursuant to acts of Congress) to adhere to the agreement at any time within twenty-one days from this date, and if the War Trade Board give to the N.O.T. notice of adherence it shall be deemed to be a party to this agreement and included in the expression “Associated Governments,” its obligations, however, under this agreement being limited to such as may be assumed pursuant to the authority conferred upon the War Trade Board as aforesaid.

26. In the event of any of the parties to the general agreement made between the Royal Netherlands Government and the British, French and Italian Governments and the War Trade Board of the United States, dated the 25th of November, 1918, withdrawing from the said agreement under the provisions of clause 18, then in such case any of the parties to this agreement may give thirty days notice to withdraw from this agreement and on the expiration of such period shall cease to be bound by this agreement.

17th December 1918.

• S. M. Valstar
• L. Worthington Evans
• J. C. Charpentier
• F. Giannini

1. Adhered to by the War Trade Board of the United States; letter of adherence, post, p. 1591. The texts of the agreement and letter of adherence here given are those of the War Trade Board’s confidential print.
1. Not printed.