195/632
The Secretary of State to the Ambassador in France (Herrick)
Sir: Reference is made to your despatch No. 4415, of August 28, 1924,45 and to other correspondence with the Department relative to the French inspection requirements as affecting vessels of the Dollar Steamship Line calling at the port of Marseilles. The following information is forwarded in order that you may make appropriate reply to the French Foreign Office note of August 21, 1924, transmitted to the Department with your despatch above-mentioned.
The French note under reference states that the question of the recognition of the American Bureau of Shipping has been referred to the Under Secretary of the Merchant Marine who expresses the desire to receive certain specific information concerning the American Bureau of Shipping. At the same time it is pointed out that the formalities with which American steamers have to comply in France are not based on the fact that the American Bureau of Shipping is not recognized in France, but are a consequence of the provisions of Article 3 of the law of April 17, 1907, obliging passenger steamers to be examined by the Examining Board and to be in possession of a French navigation permit. The note states further that American steamers would not have to comply with this obligation if an agreement were concluded between the United States and France recognizing the equivalence of French and American legislation, and inquiry is made as to whether the United States Government would feel disposed to conclude an agreement of this kind with the French Government.
[Page 124]1. With reference to the proposal that the United States and France enter into an agreement whereby each would recognize the equivalence of French and American vessel inspection legislation, you are instructed to inform the French Foreign Office that this Government has entertained the belief that a reciprocal arrangement for vessel inspection already exists between the United States and France, in consequence of the agreement concluded between the two countries in 1902. In a note addressed to the Secretary of State under date of April 24, 1902,48 the French Ambassador declared that “in pursuance of Article 50 of the decree of February 1, 1893, and as long as the said decree shall remain in force, the French authorities will recognize as valid the boiler inspection certificates issued by the authorities of the United States to American steamers for all the time during which the American authorities will, under the Act of February 15,1902, exempt from the inspection of their boilers and steam engines such French ships as shall have undergone the periodical inspections prescribed by the aforesaid decree of February 1, 1893.” The Treasury Department thereupon issued its Circular of May 3, 1902,48 in which it was ordered “that hereafter and till otherwise directed, the merchant steam vessels of France sailing from ports in the United States, and holding unexpired certificates of inspection issued by the duly constituted authorities of that country, ‘shall be subject to no other inspection than necessary to satisfy the local inspectors that the condition of the vessel, her boilers, and life-saving equipments are as stated in the current certificate of inspection’.” Two copies of this Circular are enclosed for the information of the French authorities.
In consequence of the agreement thus concluded, this Government since 1902 has recognized, and now recognizes, certificates of inspection issued by the French Government to French steamers carrying passengers, and makes only such examination of such French steamers as to satisfy itself that those vessels have on board the equipment required by their French certificate. If, therefore, the French Government considers that the reciprocal agreement of 1902 is no longer in force, it is only necessary, in order to reestablish reciprocal vessel inspection relations between the two countries, that the French Government accept the American legislation on this subject as equivalent to existing French legislation and agree to recognize the inspection certificates issued to American vessels by the Government of the United States.
There are enclosed two copies of the “Laws Governing the Steamboat Inspection Service”,48 which may be submitted to the French authorities for their examination should further information concerning the vessel inspection laws of the United States be desired.
[Page 125]2. While it is desired primarily that reciprocal recognition be accorded the inspection certificates of the United States Government, it is nevertheless desired that the French Government also recognize the American Bureau of Shipping. You will furnish the French authorities with the following information in answer to the questions concerning the American Bureau of Shipping propounded in the French Foreign Office note of August 21, 1924:
(1) “Kind of Bureau—is it an official or private organization?”
The American Bureau of Shipping, like Lloyd’s Register, is a society for the classification and registry of shipping, and as such it has no capital stock and pays no dividends. The distinction between these two societies and the Bureau Veritas, it is understood, is that the latter is an organization which has capital stock and which pays dividends to stockholders.
The official character of the American Bureau of Shipping is derived from Section 25 of the Merchant Marine Act of 1920, which provides as follows:
“That for the classification of vessels owned by the United States, and for such other purposes in connection therewith as are the proper functions of a classification bureau, all departments, boards, bureaus, and commissions of the Government are hereby directed to recognize the American Bureau of Shipping as their agency so long as the American Bureau of Shipping continues to be maintained as an organization which has no capital stock and pays no dividends: Provided, That the Secretary of Commerce and the chairman of the board shall each appoint one representative who shall represent the Government upon the executive committee of the American Bureau of Shipping, and the bureau shall agree that these representatives shall be accepted by them as active members of such committee. Such representatives of the Government shall serve without any compensation, except necessary traveling expenses: Provided further, That the official list of merchant vessels published by the Government shall hereafter contain a notation clearly indicating all vessels classed by the American Bureau of Shipping.”
(2) “Number of ships at present controlled by the Bureau.”
There are 2,095 vessels classified by the American Bureau of Shipping, each of an average of 4,412 gross tons.
(3) “Classification rules used by the Bureau.”
The construction rules, survey requirements, and classification requirements of the American Bureau of Shipping are substantially the same as the requirements in similar cases of the Bureau Veritas of France and Lloyd’s Register of Great Britain. There is enclosed for the information of the French authorities one copy of the “Rules for Building and Classing Steel Vessels, American Bureau of Shipping.”49
(4) “Nature of relations which the American Bureau of Shipping may have with the British Corporation and the German Lloyd.”
[Page 126]The American Bureau of Shipping has alliances with the British Corporation for the Survey and Registry of Shipping, the Registro Navale Italiano and the Imperial Japanese Corporation, whereby the surveys for all the societies are mutually made by the resident society. The American Bureau of Shipping has no connection with the German Lloyds.
This Government is confident that the French Government, on having the above information brought to its attention, will be prepared to include the American Bureau of Shipping among the classification societies recognized by France. Therefore, the French authorities probably will desire to be informed in regard to the symbols employed by the American Bureau of Shipping. The symbols employed for both steel and wooden vessels are “Al” and “AMS” with the letter (E) affixed to include equipment. The “Al” refers to hulls and the “AMS” to machinery.
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