511.3 B 1/189

The Minister in Switzerland (Gibson) to the Secretary of State

No. 79
L.N. No. 554

Sir:

. . . . . . . . . . . . . .

The draft convention as drawn up by the Commission, with textual corrections, has now been printed in final form by the Secretariat of the League as document C. T. A. 433 (1) entitled “The Draft Convention for the Control of the International Trade in Arms, [Page 56] Munitions and Implements of War.” Two copies of this document are transmitted herewith for the Department’s information. …

I have [etc.]

For the Minister:
Alan F. Winslow

2nd Secretary of Legation
[Enclosure]

Draft Convention Adopted by the Temporary Mixed Commission for the Reduction of Armaments, July 12, 1924

Preamble

Whereas the Convention of St. Germain signed by the H. C. P. therein mentioned has not entered into full force and effect,

Whereas it is necessary to exercise a general supervision over the international trade in arms, munitions and implements of war, with the object of securing the fullest possible publicity in regard to such trade,

Whereas the existing treaties and conventions, and particularly the Brussels Act of July 2nd, 1890 regulating the traffic in arms and munitions in certain regions, no longer meet present conditions,

Whereas a special supervision of the maritime zone adjacent to certain countries is necessary to ensure the efficacy of the measures adopted by the various Governments both as regards the import of arms, ammunition and implements of war into those countries and their export from their own territory

Have appointed:

Chapter I.—Definition of the arms, munitions and implements of war the international trade of which is to be controlled

Article 1

This Convention applies to the following arms, munitions and implements of war:

Category I.

1. Arms and munitions, assembled or component parts, exclusively designed for land, sea or aerial war, whatever their mode of employment.

(a)—All arms and ammunition which are or shall be comprised in the equipment of the armed forces of the different states, including:

  • —Pistols and revolvers, automatic or self-loading, and developments of the same, designed for single-handed use or fired from the [Page 57] shoulder, of a calibre greater than 6.5 mm. and length of barrel greater than 10 cm.
  • —rifles, muskets, carbines;
  • —machine guns, interrupter gears, mountings for machine guns;
  • —aerial gun sights;
  • —infantry apparatus for the discharge of projectiles;
  • —flame throwers;
  • —cannon, long or short, bomb throwers and mortars of all kinds and their carriages, mountings, recuperators, accessories for mounting and sighting apparatus;
  • —apparatus for the discharge of all kinds of projectiles, bombs, torpedoes, depth charges, etc;
  • —grenades, bombs, land mines, submarine mines fixed or floating torpedoes, depth charges;
  • —projectiles of all kinds;
  • —ammunition and appliances for the above arms and apparatus.
  • —bayonets, swords and lances;
  • —all arms and ammunition which, after having been employed in the service of the different States, are no longer part of their equipment but remain capable of being utilised for military purposes to the exclusion of any other utilisation.

2. Implements of war hereafter enumerated and component parts which are only capable of being utilised in the manufacture of the said material.

Ships of all kinds designed exclusively for war, including submarines and submersibles;

Airships, aeroplanes and seaplanes designed exclusively for war;

Tanks;

Armoured cars.

Category II. Arms and munitions, assembled or component parts, capable of use both for military and other purposes

(1)
Firearms, designed or adapted for non-military purposes, that will fire cartridges that can be fired from firearms in Category I.
(2)
All other rifles, or firearms, firing from the shoulder, of a calibre of 6 mm. or above, not included in Category I.
(3)
Ammunition for the arms enumerated above.
(4)
Gunpowder and explosives.

Category III. Arms and munitions having no military value.

[Page 58]

All the arms and munitions other than those defined in Categories I and II such as:

  • —rifled weapons of a calibre of less than 6 mm. designed for firing from the shoulder;
  • —revolvers and automatic pistols of a calibre of 6.5 mm. or less and length of barrel of 10 cm. or less;
  • —smooth-bore shot guns;
  • —double-barrelled shot-guns of which one barrel is rifled, the other smooth-bore;
  • —single-shot pistols;
  • —firearms firing rimfire ammunition;
  • —muzzle loading firearms;
  • —life-saving rockets;
  • —guns for whaling or other fisheries;
  • —signal and saluting guns;
  • —humane cattle-killers of all sorts;
  • —ammunition for the above.

Note.—The above three categories do not include arms the use of which is prohibited by International Law, since it is clearly understood that all traffic in these arms must be prohibited and that no licence can be issued for such traffic.

Chapter II.—Export and transit of arms, munitions and implements of war

Article 2

The H. C. P.’s, undertake not to export themselves, and to prohibit the export of arms, munitions and other implements of war enumerated in Category I, whether complete or in parts, except on the conditions hereinafter mentioned.

Article 3

Notwithstanding this prohibition, the High Contracting Parties may grant in respect of arms, munitions and implements of war whose use is not prohibited by international law, licenses for the export of arms, munitions and implements of war enumerated in Category I, in the following conditions:—

1)
Licenses are not to be granted except for a direct supply to a Government recognised as such by the Government of the exporting country.
2)
The Government acquiring the consignment must act through a duly accredited representative.
3)
Such representative must produce a written authority from the Government he represents for the acquisition of each consignment, [Page 59] which authority must state that the consignment is required for delivery to that Government for its own use.
4)
The form in which this license shall be given shall, so far as practicable, be that given as an annex to the present Convention, (page …) Each license must contain a description sufficient for the identification of the arms, munitions and implements of war to which it relates and the names of the exporter and the acquiring Government, ports, of embarkation and disembarkation, means of transport, intended route and destination.
5)
A separate licence shall be required for each separate consignment which crosses the frontier of the exporting country, whether by land, water or air, and shall accompany each separate consignment.
6)
A return of the licence granted shall be sent quarterly to the Central International Office referred to in Article 8 of the present Convention by the issuing Governments; importing Governments, when H. C. P.’s, shall also forward quarterly to the C. I. O. a return of the same licences enclosing particulars of the heading under which the imported goods will appear in their imports statistics.

Article 4

Further, licences for the export to private individuals of component parts covered by Category I may be granted on the following conditions:—

The said component parts must be exported direct to a recognised manufacturer of war material, duly authorised by his own Government, on a declaration from him to the effect that the said component parts are required by him.

The Government which grants the licence and the Government of the importer’s country shall take all adequate precautions to ensure that the said component parts are sent direct to their destination.

The licences granted in the terms of the present Article shall, so far as practicable, be drafted according to the form annexed to the present Convention, and shall conform to the provisions of the present Convention, and particularly to those of Article 8.

Article 5

Without prejudice to any obligations to which they may have sub scribed under international conventions dealing with transit, the H. C. P., when they have reason to believe that any consignment of arms, munitions or implements of war in transit through their territory does not conform to the provisions of the present Convention, undertake to investigate the circumstances and if necessary to prohibit the transit.

[Page 60]

Article 6

Without prejudice to the provisions of Article 7, arms and munitions in Category II and III may, if the exporter’s country so desires, be exported without licence. Provided, nevertheless, that in the case of arms and munitions of Category II the H. C. P.’s hereby undertake to determine from the size, destination and other circumstances of each consignment whether these arms and munitions are intended for war purposes. If such is the case, the H. C. P.’s undertake that the shipments shall become subject to Articles 2 to 5.

Article 7

The H. C. P. further undertake to prohibit the export of arms, munitions, and implements of war enumerated in Article 1, to the maritime or territorial zones specified in Article 9.

Nevertheless, the H. C. P. may grant export licences, notwithstanding this prohibition provided that they conform to the provisions of Articles 3 to 5. The competent authorities must satisfy themselves, before issuing them that the arms, munitions or implements of war are not intended for export to any destination or for disposal in any way contrary to the provisions of this Convention.

Article 8

A Central International Office shall be established by the Council of the League of Nations for the purpose of collecting, preserving and publishing documents of all kinds exchanged by the H. C. P.’s with regard to the trade in and the distribution of arms, munitions and implements of war, as well as the text of all laws, orders and regulations made for the carrying out of the present Convention.

Each of the H. C. P.’s shall publish an annual return of the export licences which each may have granted in respect of arms, munitions and implements of war in pursuance of the present Convention, mentioning the quantities and destination of the arms, munitions and implements of war to which the export licences refer. A copy of this return shall be sent to the Central International Office.

The H. C. P.’s further undertake to forward to the Central International Office all information which they will be in a position to provide relating to consignments under contracts entered into before the coming into force of the present Convention.

[Page 61]

Chapter III.—Import of Arms, Munitions and Implements of War, Prohibited Zones

Article 9

The H. C. P. undertake, each as far as the territory under its jurisdiction is concerned, to prohibit the importation of arms, munitions and implements of war into the following territorial zones, and also to prevent their exportation to, importation and transportation in the territorial zones as well as in the maritime zones defined below.

Special licences for the import of arms, munitions and implements of war into the zones defined above may be issued. In the African zone they shall be subject to the regulations specified in Article[s] 10 and 11 or to any local regulations of a stricter nature which may be in force.

In the other zones specified in the present Article, these licences shall be subject to similar regulations put into effect by the Governments exercising authority there.

Chapter IV.—Supervision on Land

Article 10

Arms, ammunition and implements of war exported under licence into the prohibited zones shall be admitted only at ports, or other places of entry, designated for this purpose by the authorities of the State, Colony, Protectorate or territory under mandate concerned.

Such arms, ammunition and implements of war must be deposited by the importer at his own risk and expense in a public warehouse under the exclusive custody and permanent control of the Authority and of its agents, of whom one at least must be a civil official or a military or naval officer. No arms or ammunition shall be deposited or withdrawn without the previous authorisation of the administration of the State, Colony, Protectorate or territory under mandate, unless the arms, ammunition and implements of war to be deposited or withdrawn are intended for the forces of the Government or the defence of the national territory.

The withdrawal of arms, ammunition or implements of war deposited in those warehouses shall be authorised only in the following cases:—

1.
For despatch to places designated by the Government where the inhabitants are allowed to possess arms, under the control [Page 62] and responsibility of the local Authorities, for the purpose of defence against robbers or rebels.
2.
For despatch to places designated by the Government as warehouses and placed under the supervision and responsibility of the local Authorities.
3.
For individuals who can show that they require them for their legitimate personal use.

Article 11

In the prohibited zones specified in Article 9, trade in arms, munitions and implements of war shall be placed under the control of officials of the Government and shall be subject to the following regulations:

1.
No person may keep a warehouse for arms, munitions or implements of war without a licence.
2.
Any person licenced to keep a warehouse for arms, munitions or implements of war must reserve for that special purpose enclosed premises having only one entry, provided with two locks, one of which can be opened only by the officers of the Government.
The person in charge of a warehouse shall be responsible for all arms, munitions or implements of war deposited therein and must account for them on demand. For this purpose all deposits or withdrawals shall be entered in a special register, numbered and initialled. Each entry shall be supported by references to the official documents authorising such deposits or withdrawals.
3.
No transport of arms, munitions or implements of war shall take place without a special licence.
4.
No withdrawal from a private warehouse shall take place except under licence issued by the local Authority on an application stating the purpose for which the arms or ammunition are required, and supported by a licence to carry arms or by a special permit for the purchase of ammunition. Every arm shall be registered and stamped, the Authority in charge of the control shall enter on the licence to carry arms the mark stamped on the weapon.
5.
No one shall without authority transfer to another person either by gift or for any consideration any weapon or ammunition which he is licenced to possess.

Article 12

In the prohibited zones specified in Article 9 the manufacture and assembling of arms, munitions or implements of war, shall be prohibited, except at arsenals established by the local Government or, in the case of countries placed under tutelage, at arsenals established by the local Government, under the control of the Mandatory [Page 63] Power, for the defence of its territory or for the maintenance of public order.

No arms shall be repaired except at arsenals or establishments licensed by the local Government for this purpose. No such licence shall be granted without guarantees for the observance of the rules of the present Convention.

Article 13

Within the prohibited zones specified in Article 9, a State which is compelled to utilise the territory of a contiguous State for the importation of arms or ammunition, whether complete or in parts, or of material or of articles intended for armament, shall be authorised on request to have them transported across the territory of such State.

It shall, however, when making any such request, furnish guarantees that the said articles are required for the needs of its own Government, and will at no time be sold, transferred or delivered for private use nor used in any way contrary to the interests of the High Contracting Parties.

Any violation of these conditions shall be formally established in the following manner:—

(a) If the importing State is a Sovereign independent Power, the proof of the violation shall be advanced by one or more of the Representatives accredited to it of contiguous States among the High Contracting Parties; After the Representatives of the other contiguous States have, if necessary, been informed, a joint enquiry into the facts by all these Representatives will be opened, and if need be, the importing State will be called upon to furnish explanations. If the gravity of the case should so require, and if the explanations of the importing State are considered unsatisfactory, the Representatives will jointly notify the importing State that all transit licences in its favour are suspended and that all future requests will be refused until it shall have furnished new and satisfactory guarantees.

The forms and conditions of the guarantees provided by the present Article shall be agreed upon previously by the Representatives of the contiguous States among the High Contracting Parties. These Representatives shall communicate to each other, as and when issued, the transit licences granted by the competent authorities.

(b) If the importing State has been placed under the mandatory system established by the League of Nations, the proof of the violation shall be furnished by one of the High Contracting Parties [Page 64] or on its own initiative by the Mandatory Power. The latter shall then notify or demand, as the case may be, the suspension and future refusal of all transit licences.

In cases where a violation has been duly proved, no further transit licence shall be granted to the offending State without the previous consent of the Council of the League of Nations.

If any proceedings on the part of the importing State or its disturbed condition should threaten the public order of one of the contiguous State signatories of the present Convention, the importation in transit of arms, ammunition, material and articles intended for armament shall be refused to the importing State by all the contiguous States until order has been restored.

Chapter V.—Maritime Supervision

Article 14

Subject to any contrary provisions in existing special agreements, or in future agreements, provided that in all cases such agreements otherwise comply with the provisions of the present Convention the Sovereign State or Mandatory Power shall carry out the supervision and police measures within Territorial waters in the prohibited zones specified in Article 9.

Article 15

Within the prohibited zones specified in Article 9, no native vessel of less than 500 tons (net tonnage) shall be allowed to ship, discharge or tranship arms, munitions or implements of war.

A ship shall be deemed to be native if she is either owned by a native, or fitted out, or commanded by a native, or if more than half of the crew are natives of the countries included in the prohibited zones specified in Article 9.

This provision does not apply to lighters or barges, nor to vessels which are engaged exclusively in the coasting trade between different ports of the same state, colony, protectorate or territory under Mandate, where warehouses are situated.

All cargoes of arms, munitions or implements of war shipped on the vessels specified in the preceding paragraph must obtain a special licence from the territorial authority, and all arms, munitions and implements of war so shipped shall be subject to the provisions of the present Convention.

This licence shall contain all details necessary to establish the nature and quantity of the items of the shipment, the vessel on which the shipment is to be loaded, the name of the ultimate consignee and the ports of loading and discharge. It shall also be [Page 65] specified thereon that the licence has been issued in conformity with the regulations of the present Convention.

The provisions of this Article do not apply

(a)
to arms, munitions and implements of war conveyed on behalf of a Government either under that Government’s authorisation or accompanied by a duly qualified official.
(b)
to arms and munitions in the possession of persons provided with a licence to carry arms, provided such arms are for the personal use of the bearer and are accurately described on his licence.

Article 16

To prevent all illicit conveyance of arms, munitions and implements of war within the prohibited zones defined in Article 9, native vessels of less than 500 tons, net tonnage,

(a) if not exclusively engaged in the coasting trade between different ports of the same State, colony, protectorate or territory under Mandate

or

(b) if not engaged in carrying on behalf of a Government as permitted by Article 15, paragraph (a), and proceeding to or from any point within the said zones,

—must carry a manifest of their cargo or similar document specifying the quantities and nature of the goods on board, their origin and destination.

The provisions as to the above-mentioned document shall not apply to vessels only partially decked having a maximum crew of ten men and exclusively employed in fishing within territorial waters.

Article 17

Authority to fly the flag of one of the H. C. P. within the prohibited zones defined in Article 9, shall not be granted to native vessels of under 500 tons, net tonnage as defined in Article 15 unless they satisfy all the three following conditions:

(1)
The owners must be nationals of the Power whose flag they claim to fly or a company duly registered under the laws of that Power.
(2)
They must furnish proof that they possess real estate in the district of the authority to which their application is addressed or must supply a solvent security as a guarantee for any fines to which they may become liable.
(3)
Such owners as well as the captain of the vessel must furnish proof that they enjoy a good reputation, and especially that they have never been convicted of illicit conveyance of the articles referred to in the present Convention.

[Page 66]

The authorisation must be renewed every year. It shall contain the indications necessary to identify the vessel, the name, tonnage type of rigging, principal dimensions, registered number and signal letters. It shall bear the date on which it was granted and the status of the official who granted it.

The initial letters of the port of registration of the native vessel followed by the vessel’s registration number in the serial port numbers must be incised and painted in white on black ground on both quarters of each vessel.

The same marks may be painted in Black on the sails.

The net tonnage of the native vessel shall also, if practicable, be incised and painted in a conspicuous position inside the hull.

Article 18

The High Contracting Parties agree to apply the following rules in the maritime zone specified in Article 9.

(1) When a warship belonging to one of the H. C. P. encounters outside territorial waters a supposed native vessel of less than 500 tons burden (net tonnage)

(a)
Flying the flag of one of the H. C. P.
(b)
Flying the flag of a recognised nation.
(c)
Flying no flag.

and the Commander of the warship has good reason to believe that the supposed native vessel

(d)
is flying a flag without being entitled to do so
(e)
is not lawfully entitled to fly the flag of any recognized nation
(f)
is illicitly conveying arms or ammunition

he may proceed, subject to the conditions indicated in the paragraphs below to verify the nationality of the vessel by examining the document authorising the flying of the flag, if this document exists, and also the manifest referred to in Article 16.

Any vessel which presents the appearance of a native build or rig may be presumed to be a native vessel.

(2) With this object, a boat commanded by a commissioned officer in uniform, may be sent to visit the suspected vessel, after she had been hailed to give notice of such intention. The officer sent on board the vessel shall act with all possible consideration and moderation: before leaving the vessel the officer shall draw up a process-verbal in the form and language in use in his own country. This proces-verbal shall state the facts of the case and shall be dated and signed by the officer.

[Page 67]

Should there be on board the warship no commissioned officer, other than the commanding officer, the above-prescribed operations may be carried out by the warrant, petty or non-commissioned officer at the discretion of the commanding officer.

The captain or master of the vessel visited, as well as the witnesses, shall be invited to sign the proces-verbal, and shall have the right to add to it any explanations which they may consider expedient.

(3) In the cases referred to in para. 1 (a) and 1 (b) of this Article, unless the right to fly the flag can be established the vessel shall be conducted to the nearest port in the zone where there is a competent authority of the Power whose flag has been flown and shall be handed over to such authority.

Should the nearest competent authority representing the Power whose flag the vessel has flown be at some port at such a distance from the point of arrest that the warship would have to leave her station or patrol, to escort the detained vessel to that port, the foregoing regulation need not be carried out. In such a case, the vessel may be taken to the nearest port where there is a competent authority of one of the H. C. P. of nationality other than that of the warship, and handed over to such authority, and steps shall at once be taken to notify the detention to the competent authority representing the Power concerned.

No proceedings shall be taken against the vessel or her crew until the arrival of the representative of the Power whose flag the vessel was flying or without authority from him.

The suspected vessel may also be handed over to a warship of the nation whose flag she had flown, if the latter consents to take charge of her.

(4) The procedure laid down in Para. 3 may be followed if after the verification of the flag and in spite of the manifest being in order the Commander of the Warship continues to suspect the native vessel of engaging in the illicit conveyance of arms, munitions, or implements of war.

(5) In the cases referred to in para. 1 (c) of this Article, if it is ascertained as a result of the visit made on board the native vessel that whereas it flew no flag, it was also not entitled to fly the flag of a recognized State, the native vessel, shall, unless the innocent nature of her cargo can be established to the satisfaction of the Commanding Officer of the warship, be conducted to the nearest point in the zone where there is a competent authority of the Power to which the warship which effected the capture belonged, and shall be handed over to such authority.

[Page 68]

If it is established that the vessel was engaged in the illicit conveyance of arms, munitions and implements of war, the vessel and all cargo carried in addition to the arms, munitions and implements of war shall be seized by such authority and disposed of according to its own laws—the destruction of the illicit cargo of arms, munitions and implements of war may be ordered according to the same laws.

Article 19

The authority before whom the suspected vessel has been brought shall institute a full enquiry in accordance with the laws of his country in the presence of an officer of the detaining warship.

If, however, owing to the duties upon which the warship is engaged it is not practicable for an officer of this warship to attend this enquiry, an affidavit sworn by the commanding officer of the warship shall be accepted by the authority holding the enquiry in place of the verbal evidence of an officer of the warship.

If it is proved at this enquiry that the flag has been illegally flown but that the vessel is entitled to fly the flag of a recognised State she shall, if that State is one of the H. C. P. be handed over to the nearest authority of that State and in all other cases shall be disposed of by agreement between the State responsible for her detention and the State whose flag she is entitled to fly, and pendingsuch agreement shall remain in the custody of the authorities of the nationality of the detaining warship.

If it is established that the use of the flag by the detained vessel was correct, but that the vessel was engaged in the illicit conveyance of arms, munitions or implements of war, those responsible shall be brought before the courts of the State under whose flag the vessel sailed. The vessel herself and her cargo shall remain in charge of the authority directing the enquiry. The illicit cargo of arms, munitions or implements of war may be destroyed in accordance with the laws and regulations drawn up for the purpose.

Article 20

The H. C. P. agree to communicate to the Central International Office, specimen forms of the documents mentioned in Articles 15, 16, 17.

Article 21

Any illicit conveyance or attempted conveyance legally established against the captain or owner of a vessel authorised to fly the flag of one of the signatory Powers, or holding the licence provided for in Article 15, shall entail the immediate withdrawal of the said authorisation or licence.

[Page 69]

The H. C. P. will take the necessary measures to ensure that their territorial authorities or their consuls shall send to the Central International Office certified copies of all authorisations granted under this Convention to fly their flag as soon as such authorisation shall have been granted, as well as notice of withdrawal of any such authorisation. They also undertake to communicate it to the said Office copies of the licences provided for under Article 15.

Article 22

The commanding officer of a warship who may have detained a vessel flying a foreign flag shall in all cases make a report thereon to his Government, stating the grounds on which he acted.

An extract from this report, together with a copy of the process-verbal drawn up by the Officer, warrant officer, petty or non-commissioned officer sent on board the vessel detained shall be sent as soon as possible, to the Central International Office and at the same time to the Government whose flag the detained vessel was flying.

Article 23

If the authority entrusted with the enquiry decides that the detention and diversion of the vessel or the measures imposed upon her were irregular, he shall fix the amount of the compensation due. If the capturing officer or the authorities to whom he is subject, do not accept the decision or contest the amount of the compensation awarded, the dispute shall be submitted to a Court of Arbitration consisting of one arbitrator appointed by the Government whose flag the vessel was flying, one appointed by the Government of the capturing officer, and an umpire chosen by the two arbitrators thus appointed. The two arbitrators shall be chosen, as far as possible, from among the diplomatic, consular or judicial officers of the H. C. P. These appointments must be made with the least possible delay, and natives in the pay of the H. C. P. shall in no case be appointed. Any compensation awarded shall be paid to the person concerned within six months at most from the date of the award.

The decision shall be communicated to the Central International Office.

Chapter VI.—General Provisions

Article 24

The H. C. P. who exercise authority over territories within the prohibited areas and zones specified in Article 9, agree to take, so far as each may be concerned, the measures required for the enforcement of the present Convention, and in particular for the prosecution [Page 70] and repression of offences against the provisions contained therein and to appoint the necessary territorial and consular officers or special representatives competent for this purpose.

They shall communicate these measures to the Central International Body and shall inform them of the competent authorities referred to in the preceding Article.

Article 25

In time of war, Articles 2, 3, 4, 5, and 6, shall be considered as suspended from operation until the restoration of peace so far as concerns any export and transit of arms, munitions or implements of war to or on behalf of any of the belligerents recognised as such by the exporting country and the countries of transit, provided such recognition has been previously communicated to the other H. C. P.

Article 26

Any Government may on signing or adhering to the present Convention declare that it accepts its provisions partially or conditionally provided that the H. C. P. consent, and that it does not thereby affect the effectiveness of the supervision of the trade in arms, munitions, and implements of war.

Nevertheless the Convention shall only apply to Powers availing themselves of the option provided in the previous paragraph if within the period of one year from the notification by the French Government of the deposit of their ratification (or adherence), partial or conditional, no opposition to such ratification (or adherence) has been raised by any of the Contracting Parties.

Article 27

All the provisions of the former general international Conventions, relating to the matters dealt with in the present Convention included the convention for the control of the trade in arms and ammunition and the protocol signed at Saint Germain-en-Laye September 10th, 1919, shall be considered as abrogated in so far as they are binding between the Powers which are Parties to the present Convention.

The present Convention shall in no way affect the rights and obligations which may arise out of the provisions either of the Covenant of the League of Nations or of the Treaties of Peace signed in 1919 and 1920 at Versailles, Neuilly, St. Germain and Trianon or the Treaty limiting naval armaments signed at Washington on February 6th, 1922, and the provisions of Agreements registered with the [Page 71] League of Nations and published by the League up to the date of the coming into force of the present Convention, so far as the Powers which are signatories of or benefit by the said Treaties or Agreements are concerned.

Article 28

The Council of the League of Nations shall cause to be published an annual report on the operation of the present Convention.

This report shall be presented to the Assembly of the League of Nations.

Article 29

The present Convention of which the French and English texts shall both be authentic, is subject to ratification. It shall bear today’s date and shall be open for signature by the Powers until . . . . . . (date).

Each Power shall address its ratification to the French Government, which shall at once notify the deposit of ratification to each of the other signatory Powers.

The instruments of ratification shall then remain deposited in the archives of the French Government.

Article 30

The H. C. P. will use their best endeavours to secure the accession to the present Convention of the other States, whether Members of the League or not. On and after . . . . . . (date) the present Convention may be acceded to by any Power. Accession shall be effected by an instrument communicated to the French Government, which shall at once notify such deposit to all Powers which are signatories of or accede to the Convention.

The instruments of accession shall remain deposited in the archives of the French Government.

Article 31

Disputes between the parties relating to the interpretation or application of this Convention shall, if they cannot be settled by direct negotiation, be referred for decision to the Permanent Court of International Justice. In case either or both of the Parties to such a dispute should not be parties to the protocol of signature of the Permanent Court of International Justice, the dispute shall be referred, at the choice of the Parties, either to the Permanent Court of International Justice or to a court of arbitration.

[Page 72]

Article 32

The present Convention will not come into force until it has been ratified by 12 Powers, among whom shall be the following: Belgium, the United States of America, France, Great Britain, Italy, Japan and Russia.

The date of its coming into force shall be the . . . . . day after the receipt by the French Government of the 12th ratification. Thereafter, the present Convention will take effect in the case of each Party . . . . days after the receipt of its ratification or accession.

Article 33

The present Convention may be denounced by any Party thereto after the expiration of ten years from the date when it came into force in respect of that Party. Denunciation shall be effected by notification in writing addressed to the French Government which shall forthwith transmit copies of such notification to the other Parties, informing them of the date on which it was received.

A denunciation shall take effect two years after the date on which the notification thereof was received by the French Government, and shall operate only in respect of the notifying State.

Article 34

The H. C. P. agree that, at the conclusion of a period of 5 years, the present Convention shall, in the light of the experience then gained, be subject to revision upon the request of a third of the said H. C. P.

[Annex]

Licence to Export Arms, Munitions and Implements of War

(Name and Address of Exporter)

is hereby authorised to export the following Arms and Munitions of War.

(Here will follow a full description of the Arms and Munitions, their number, weight and other necessary data, including the heading under which the exported goods will appear in the export statistics of the exporting country).

To (Name of Importing Government)

The above Arms and Munitions of War will be sent by (Here state whether by sea, rail or air), by the proposed following route or routes.

(Here give Port or Station of Embarkation and Disembarkation, Route and Destination, including last Port or Station of consignment).

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(Name and address of Purchasing Agent of the Importing Government).

(Signature of Proper Authority of Government of Exporting country).