It should be clearly understood that any draft convention adopted must
provide for the same degree of publicity for state manufacture as for
private manufacture, and that any convention which establishes a régime
of supervision, control, or inspection will not be acceptable to the
United States.
Inasmuch as this Government’s position with regard to questions to be
considered by the Commission is clearly set forth in its instruction No.
598 of February 28, 1927,55 and may also be determined from a study of the
enclosed draft convention, it is not considered necessary further to
expound in any detail the attitude which you should take at the
forthcoming meeting. While the Department has not had occasion to modify
its views as contained in its instruction to your predecessor, the
situation obtaining at the time of the first session of the Special
Commission has undergone a considerable change, since all Governments
represented now would appear to be in substantial agreement in so far as
they are willing to discuss the application of the Convention to public
as well as private manufacture and to limit the Convention to measures
of publicity for such production. This agreement in principle on the
part of the Italian and Japanese delegates, during an informal meeting
on May 19, 1928, to publicity for government manufacture of arms, makes
it probable that the Commission will successfully accomplish the purpose
for which it is called, viz., the drawing up of a single text for a
draft convention.
While the Department does not anticipate that any attempt will be made to
resume the controversy regarding publicity of government manufacture,
you should, in the event of this contingency, as already indicated in
the second paragraph of this instruction, reassert with due emphasis
this Government’s refusal under any circumstances to consider entering
into an agreement which does not deal with government manufacture on the
same footing as private manufacture. You should similarly oppose the
inclusion of any provisions looking toward the supervision and control
of arms manufacture as distinct from publicity. The reasons for this
attitude are plainly set forth on pages 11 and 14 of the Department’s
instruction of February 28, 1927, and the annexes mentioned therein.
As regards the draft convention transmitted herewith, it will be noted
that its provisions follow as closely as possible the analogous
provisions of the Arms Traffic Convention signed on June 17, 1925.56
[Page 294] The individual articles are
self-explanatory and need no further elucidation.
This draft is not intended for immediate presentation at the outset of
the deliberations, unless you find that the situation makes such
procedure expedient. It is believed that it would probably be wiser
first to observe the general trend of the discussions and to determine
whether there is any possibility that the American draft might be
adopted in toto. Failing this, you should, as
occasion arises, submit individual articles of the draft with a view to
getting as many provisions thereof accepted as circumstances will
permit. The Department leaves it entirely to your discretion to
determine the most suitable time and method of introducing the proposals
embodied in its draft, but desires that you consult it prior to agreeing
to any modifications of substance or to any final draft which does not
substantially carry out this Government’s proposals.
Due to the fact that the draft convention to be adopted will be a
companion convention to the Arms Traffic Convention, and for other
reasons, it is considered highly desirable that the categories appearing
in Article I of the Arms Traffic Convention be embodied without any
change in the draft convention to be adopted by the Special
Commission.
You should, of course, not join in any report which the commission may
make to the Assembly or Council of the League of Nations, but should
state instead that you will make your report to your Government.
[Enclosure]
Draft Convention for the Regulation of and
Publicity in Regard to the Manufacture of Arms and Ammunition
and of Implements of War
Whereas a Convention concerning the Supervision of the International
Trade in Arms and Ammunition and in Implements of War was signed at
Geneva on June 17, 1925, and;
Whereas it is desirable that the international aspect of the
manufacture of arms and ammunition and implements of war should
receive early consideration;
The different governments have decided to conclude a Convention and
have accordingly appointed as their Plenipotentiaries:
. . . . . . . . . . . . . .
Who, having communicated their full powers, found in good and due
form, have agreed as follows:
[Page 295]
Article 1
For the purpose of the present Convention, five Categories of arms,
ammunition, and implements of war are established as follows:
category i. arms, ammunition and
implements of war exclusively designed and intended for land,
sea or aerial warfare
A.—Arms, Ammunition and Implements exclusively designed and intended
for land, sea or aerial warfare which are or shall be comprised in
the armament of the armed forces of any State, or which, if they
have been but are no longer comprised in such armament, are capable
of military to the exclusion of any other use, except such arms,
ammunition and implements which, though included in the above
definition, are covered by other Categories.
Such arms, ammunition and implements are comprised in the following
twelve headings:
- 1.
- Rifles, muskets, carbines.
- 2.
- (a) Machine-guns, automatic rifles
and machine pistols of all calibres;
- (b) Mountings for
machine-guns;
- (c) Interrupter gears.
- 3.
- Projectiles and ammunition for the arms enumerated in Nos.
1 and 2 above.
- 4.
- Gun-sighting apparatus including aerial gun-sights and
bombsights, and fire-control apparatus.
- 5.
- (a) Cannon, long or short, and
howitzers, of a calibre less than 5.9 inches (15
cm.);
- (b) Cannon, long or short, and
howitzers, of a calibre of 5.9 inches (15 cm.) or
above;
- (c) Mortars of all kinds;
- (d) Gun carriages, mountings,
recuperators, accessories for mountings.
- 6.
- Projectiles and ammunition for the arms enumerated in No.
5 above.
- 7.
- Apparatus for the discharge of bombs, torpedoes, depth
charges and other kinds of projectiles.
- 8.
- (a) Grenades;
- (b) Bombs;
- (c) Land mines, submarine mines,
fixed or floating, depth charges;
- (d) Torpedoes.
- 9.
- Appliances for use with the above arms and
apparatus.
- 10.
- Bayonets.
- 11.
- Tanks and armoured cars.
- 12.
- Arms and ammunition not specified in the above
enumeration.
B. —Component parts, completely finished, of the articles covered by
A above, if capable of being utilized only in the assembly or repair
of the said articles, or as spare parts.
[Page 296]
category ii. arms and ammunition
capable of use both for military and other purposes
- A
- —1. Pistols and revolvers, automatic or self-loading, and
developments of the same, designed for single-handed use or
fired from the shoulder, of a calibre greater than 6.5 mm. and
length of barrel greater than 10 cm.
- 2. Fire-arms designed, intended or adapted for non-military
purposes, such as sport or personal defense, that will fire
cartridges that can be fired from fire-arms in Category 1; other
rifled fire-arms firing from the shoulder, of a calibre of 6 mm.
or above, not included in Category I, with the exception of
rifled fire-arms with a “breakdown” action.
- 3. Ammunition for the arms enumerated in the above two
headings, with the exception of ammunition covered by Category
I.
- 4. Swords and lances.
- B.
- —Component parts, completely finished, of the articles covered
by A above, if capable of being utilized only in the assembly or
repair of the said articles, or as spare parts.
category iii. vessels of war and
their armament
- 1.
- Vessels of war of all kinds.
- 2.
- Arms, ammunition and implements of war mounted on board
vessels of war and forming part of their normal armament.
category iv
- 1.
- Aircraft, assembled or dismantled.
- 2.
- Aircraft engines.
category v
- 1.
- Gunpowder and explosives, except common black
gunpowder.
- 2.
- Arms and ammunition other than those covered by Categories I
and II, such as pistols and revolvers of all models, rifled
weapons with a “break-down” action, other rifled fire-arms of a
calibre of less than 6 mm. designed for firing from the
shoulder, smooth-bore shot-guns, guns with more than one barrel
of which at least one barrel is smooth-bore, fire-arms firing
rimfire ammunition, muzzleloading fire-arms.
Article 2
The provisions of the present Convention apply with equal force to
all production of the articles covered by Categories I to V of
Article 1, within the territory under the jurisdiction, control or
supervision of the High Contracting Parties, irrespective of whether
[Page 297] the means of
production are owned, controlled, or managed by private individuals
or corporations, or whether such means of production are owned,
controlled, or managed by the State.
Article 3
The High Contracting Parties undertake to publish within six months
after the close of each calendar half-year a statistical return for
that half-year of all the articles covered by Categories I and II,
which have been manufactured within the territory under their
jurisdiction, control, or supervision. This return shall be drawn up
in accordance with the specimen form contained in Annex I57 to the present Convention and
shall show under each heading of the said Categories in Article 1,
the weight, the number, and the value of the articles so
manufactured. This return in the form shown in Annex I shall not
include the items covered by Articles 4 and 5 which are published in
the form shown in Annexes II and III to this Convention. The first
statistical return to be published by each of the High Contracting
Parties shall be for the half-year, beginning on the first day of
January or of July, subsequent to the date on which the present
Convention comes into force with regard to the High Contracting
Party concerned.
Article 4
The High Contracting Parties in all cases covered by Category III
undertake to publish within six months after the close of each
calendar half-year a statistical return for that half-year, giving
the information detailed below for each vessel of war constructed,
under construction, or to be constructed within their territory or
jurisdiction, whether on their own behalf or on behalf of the
government of another State;
-
a.
- The date of the signing of the contract or authorization
and appropriation for the construction of the vessel, the
name of the government for which the vessel is ordered,
together with the following data:
- Standard displacement in tons and metric tons; the
principal dimensions, namely, length at water line,
extreme beam at or below water line, and main draft
at standard displacement.
-
b.
- The date of laying the keel, the name of the government
for which the vessel is being constructed, together with the
following data:
- Standard displacement in tons and metric tons; the
principal dimensions, namely, length at water line,
extreme beam at or below water line, and main draft
at standard displacement.
-
c.
- Date of delivery, or date of completion, the name of the
government to which the vessel is delivered, together with
the following data with respect to the vessel at that date:
- Standard displacement in tons and metric tons; the
principal dimensions, namely, length at water line,
extreme beam at or below water line and main draft
at standard displacement.
- As well as the following information regarding the
armament installed on board the vessel at the date of
delivery and forming part of the vessel’s normal armament:
- Number and calibre of guns;
- Number and calibre of torpedo tubes;
- Number of bomb throwers; number and calibre of
machine guns; number and calibre of antiaircraft
guns, quantity and kind of other armament.
By the standard displacement in the present Article it is to be
understood the displacement of the vessel complete, fully manned,
engined, and equipped ready for sea, including all armament and
ammunition, equipment, outfit, provisions and fresh water for crew,
miscellaneous stores, and implements of every description that are
intended to be cared for58 but without fuel or reserve feed
water on board.
This return shall be drawn up in accordance with the specimen form
contained in Annex II of the present Convention.
Article 5
The High Contracting Parties in all cases covered by Category IV
undertake to publish within six months after the close of each
calendar half-year a return for that half-year, giving the
information detailed below for each aircraft and each aircraft
engine manufactured under military specifications within their
territory or jurisdiction, whether on their own behalf or on behalf
of the government of another State:
-
a.
- Primary purpose for which manufactured whether military or
commercial.
-
b.
- Type.
-
c.
- Horse-power.
-
d.
- Gross weight fully-manned, engined, armed and equipped
ready for the performance of its mission, including normal
designed fuel supply. (For lighter-than-air craft volume to
be substituted for gross weight.)
-
e.
- Armanent—number and calibre of guns, with normal
ammunition, supply and bomb capacity.
[Page 299]
By the term “manufactured under military specifications” is meant
both materiel manufactured for purely military purposes and materiel
manufactured for commercial purposes, but on specifications designed
to make it capable of military uses.
This return shall be drawn up in accordance with the specimen form
contained in Annex III.
Article 6
The Articles covered by Category V shall be subject to such publicity
as may be prescribed by the national legislation of each High
Contracting Party.
Article 7
The High Contracting Parties undertake to publish semi-annually, the
text of the provisions of all statutes, orders, or regulations in
force within their territories dealing with the manufacture,
storage, or distribution of the articles covered by Categories I to
V of Article 1.
Article 8
The provisions of the present Convention are supplemented by those of
Annexes I to III, inclusive, which have the same value and which
enter into force at the same time as the Convention itself.
Article 9
In time of war the application of the present Convention shall be
suspended in so far as its application to a High Contracting Party
who is a belligerent is concerned.
Article 10
The High Contracting Parties will use their best endeavors to secure
the accession to the present Convention of other states. Each
accession will be notified to the Government of the French Republic
and by the latter to all signatories or acceding states.
The instruments of accession shall remain deposited in the archives
of the Government of the French Republic.
Article 11
The present Convention may be denounced by any Party thereto after
the expiration of four years from the time when it came into force
in respect to that Party. Denunciation shall be effected by
notification in writing, addressed to the Government of the French
Republic, which shall forthwith transmit copies of such notification
[Page 300] to the other Parties
informing them of the date on which it was received.
A denunciation shall take effect one year after the date of the
receipt of the notification thereof by the Government of the French
Republic and shall operate only in respect to the notifying
state.
Should the Convention be denounced by one of the Powers whose
ratification is a condition of its entrance into force, any other
High Contracting Party may also, within a period of one year from
the date of such denunciation, denounce the Convention without
waiting for the expiration of the period of four years mentioned
above, and may require that its denunciation shall take effect at
the same time as the first mentioned denunciation.
Article 12
Any state signing or acceding to the present Convention may declare
at the moment of its signature, ratification or accession, that its
acceptance of the present Convention does not apply to any or all of
the overseas territories under its sovereignty, authority or
jurisdiction, and may accede subsequently in accordance with the
provisions of Article 10 on behalf of any territory so excluded.
Denunciation may also be effected separately in respect of any such
territory, and the provisions of Article 11 shall apply to any such
denunciation.
Article 13
The High Contracting Parties agree that, at the conclusion of a
period of three years from the coming into force of the present
Convention, under the terms of Article 15, this Convention shall be
subject to revision upon the request of one-third of the said High
Contracting Parties.
Article 14
The present Convention, of which the English and French texts are
both authentic, is subject to ratification, and shall bear today’s
date.
Each Power shall address its ratification to the Government of the
French Republic, which will at once notify the deposit of such
ratification to each of the other signatory Powers.
The instruments of ratification will remain deposited in the archives
of the Government of the French Republic.
Article 15
A first proces-verbal of the deposit of the
ratification will be drawn up by the Government of the French
Republic as soon as [Page 301] the
present Convention shall have been ratified by not less than . . . .
. . . producing States.
The present Convention shall come into force four months after the
date of notification by the Government of the French Republic to all
signatory Powers.
Subsequently the present Convention will come into force with respect
to each High Contracting Party four months after the date on which
its ratification or accession shall have been notified by the
Government of the French Republic to all signatory or acceding
States.
In witness thereof, the above mentioned Plenipotentiaries have signed
the present Convention.
Done at
Geneva this . . . . . . . day of . . . . . . .
19.
