Papers relating to the foreign relations of the United States, 1928, Volume I

500.A16/65

Preliminary Draft Convention With Regard to the Supervision of the Private Manufacture and Publicity of the Manufacture of Arms and Ammunition and of Implements of War Submitted to the Council by the Special Commission⁶²

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Preamble

The following countries . . . . . . . . . . . . . . . . . . . . . . . . .

Whereas the signatories of the Final Act of the Convention concerning the Supervision of the International Trade in Arms and Ammunition and in Implements of War, signed at Geneva on June 17th, 1925, have unanimously declared that “the Convention of to-day’s date must be considered as an important step towards a general system of international agreements regarding arms and ammunition and implements of war, and that it is desirable that the international aspect of the manufacture of such arms, ammunition, and implements of war should receive early consideration by the different Governments”;

Whereas the manufacture of arms and ammunition and implements of war should be subjected to a general and effective system of governmental supervision and publicity;

Whereas the manufacture of arms, ammunition or implements the use of which in war is prohibited by international law ought not to be permitted for such purpose;

Have decided to conclude a Convention and have accordingly appointed as their plenipotentiaries:

(Here follow the names of the plenipotentiaries.)

Who, having communicated their full powers found in good and due form, have agreed as follows:

Categories

Article 1

[Same as Chapter I of the Convention for the Supervision of the International Trade in Arms (document A.16.1925.IX, pages 5 and 6).]⁶³

Remarks

1. The Belgian delegation has made a reservation with regard to the advisability of a further study being made of these categories.

2. The German delegation declares itself against the inclusion of Category IV, in so far as civil aviation is concerned, in this Convention.

3. The delegation of the United States of America reserves the right to propose, for incorporation in the final text of the Convention, a statement limiting the material of Category IV of Article 1 to aircraft and aircraft engines manufactured under military specifications within their territory or jurisdiction on their own behalf or on behalf of the Government of another State.

By the term “manufactured under military specifications” it means both material manufactured for purely military purposes and material manufactured for commercial purposes, but on specifications designed to make it capable of military use.

The delegation of the Netherlands associates itself with this reservation.

Supervision and Publicity

Article 2

For the purposes of the present Convention, private manufacture shall be considered to mean manufacture of items defined in Article 1 taking place in establishments of which the State is not the sole proprietor, and which are mainly or to a large extent engaged in the manufacture of the said articles, excluding manufacture on the order and behalf of the State.

Article 3

The High Contracting Parties undertake not to permit, in the territory under their jurisdiction, the private manufacture as defined in Article 2 of the articles included in Categories I, II, III and IV, or of the arms, ammunition and implements the use of which in war is prohibited by international law, unless the manufacturers thereof are licensed by the Government to manufacture the articles referred to in this article.

This licence shall be valid for a period to be determined individually by each High Contracting Party, and shall be renewable for a further period at the discretion of the Government.

As regards arms, ammunition and implements the use of which in war is prohibited by international law, authorisation shall only be given in cases where it is established beyond doubt that such articles are to be manufactured for purposes other than war.

Remarks

1. Certain delegations declared themselves against the inclusion of Category IV in this article.

2. The British delegation made a reservation with regard to clauses concerning arms, ammunition and implements the use of which in war is prohibited by international law.

3. The delegation of the United States of America recalled its declaration of principle made previously to the effect that its Government is powerless to prescribe or enforce a prohibition or a system of licences upon private manufacture which takes place under the jurisdiction of the States which form the Union of the Government of the United States.

Article 4

The High Contracting Parties undertake to transmit to the Secretary-General of the League of Nations, or to publish within two months after the close of each quarter beginning on the first day of January, April, July and October a list of the licences granted during that quarter, together with:

(a) A description of the war material for which the licence is granted;

(b) The name and address of the registered or head office of the licensees and the period for which the licence has been granted.

(c) The names of all the enterprises with which the holder has concluded agreements or associations of any kind whatever, with a view to the production of the articles of war material for which the licence has been granted.

Remark

Certain delegations are unable to accept the clause under (c) above.

Article 5

The High Contracting Parties further undertake to transmit to the Secretary-General of the League of Nations, or to publish annually, a return showing the total production, in value, of the private manufactures licensed in accordance with the provisions of Article 3, in respect of each of the twelve headings of Category I (A and B), of the four headings of Category II (A and B), of the two headings of Category IV, set out in Article 1 of the present Convention.

Each of the High Contracting Parties similarly undertakes to forward to the Secretary-General of the League of Nations, or to publish annually, a return showing the total production, in terms of value and by categories, of the material manufactured for it either in establishments of which the State is the sole proprietor, or in any other establishment.

The High Contracting Parties undertake to transmit to the Secretary-General of the League of Nations, or to publish, the text of the provisions of all statutes, orders or regulations in force within their territory dealing with articles covered by Categories I, II and IV. All provisions enacted for the purpose of carrying out the present Convention and all amendments and additions to such statutes, orders, regulations and provisions shall also be published, or transmitted to the Secretary-General of the League of Nations.

Remarks

1. Certain delegations declared themselves against the inclusion of Categories IB, IIB and IV in this article.

2. Certain delegations made the reservation that, in order to be accurate, “the particulars published in regard to private manufacture should be set forth in terms of weight, number and value”.

Other delegations were of opinion that, in order to satisfy the requirements of the Assembly’s resolution of September 24th, 1927, publicity in terms of weight, number and value should be prescribed for State as well as for private manufacture. Certain of the latter delegations could not accept any treaty which does not deal with State manufacture on the same footing as private manufacture.

3. Certain delegations consider that the conditions of supervision and publicity in regard to State manufacture must be brought into line with the general conditions which will be laid down by the Convention for the limitation of armaments.

Certain delegations, while accepting that remark, consider that it must not be interpreted in such a way as to subordinate the convening of a Conference on Private Manufacture to that of the General Conference on the Reduction and Limitation of Armaments.

4. Certain delegations are of opinion that the return provided for in the second paragraph should contain information not only for categories but also in respect of headings, as provided for in the first paragraph.

Article 6

The High Contracting Parties, in all cases covered by Category III, undertake to publish within two months after the close of each half-year a return for that half-year, giving the information detailed below for each vessel of war constructed, in the course of construction, or to be constructed (i. e., for which the contract has been signed), within their territorial jurisdiction:

(a) The date of the signing of the contract for the construction of the vessel, and 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 mean draft at standard displacement;

(b) The date of laying the keel and 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, mean draft at standard displacement;

(c) Date of delivery, or date of completion, 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.

By standard displacement in the present article 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 carried in war, but without fuel or reserve feed water on board.

Remarks

A proposal was made to the effect of inserting, at the end of paragraph (c) above, the following clause:

“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 of machine-guns.”

However, certain delegations declared that they had no instructions from their Governments enabling them to take a decision on this point.

Article 7

The articles covered by Category V shall only be subject to such publicity as may be prescribed by the national legislation.

General Provisions

Article 8

In time of war, the application of the present Convention shall be suspended until the restoration of peace as regards belligerents, and also as regards non-belligerents threatened by the war and whose supply of arms would become difficult as a result of hostilities.

Neutral High Contracting Parties who avail themselves of this right shall duly notify the other High Contracting Parties.

Remarks

Certain delegations consider that the following words should be omitted: “and also as regards non-belligerents threatened by the war and whose supply of arms would become difficult as a result of hostilities”. The second paragraph of the article would thus become superfluous.

Other delegations expressed the opinion that only the words “and whose supply of arms would become difficult as a result of hostilities” should be omitted.

Article 9

The present Convention shall not be deemed to affect any rights and obligations which may arise out of the provisions 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 of the Treaty limiting Naval Armaments signed at Washington on February 6th, 1922, or of any other treaty, convention, agreement or engagement concerning the manufacture of arms and ammunition and of implements of war.

Article 10

The High Contracting Parties will use their best endeavours to secure the accession to the present Convention of other States.

Each accession will be notified to the Secretary-General of the League of Nations, and by the latter to all the signatory or acceding States.

The instruments of accession shall remain deposited in the archives of the Secretariat of the League of Nations.

Article 11

The present Convention may be denounced by any High Contracting Party thereto after the expiration of four 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 Secretary-General of the League of Nations, who will forthwith transmit copies of such notification to the other Contracting 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 Secretary-General of the League of Nations, and shall operate only in respect of the notifying States.

Should the Convention be denounced by one of the Powers whose ratification is a condition of its entry 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 date 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.

Remarks

The Netherlands delegation proposed that this article should be omitted.

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, which request shall be addressed to the Secretary-General of the League of Nations.

Article 14

The present Convention, of which the French and English texts are both authentic, is subject to ratification. It shall bear to-day’s date.

Each Power shall address its ratification to the Secretary-General of the League of Nations, who will at once notify the deposit of such ratification to each of the other signatory Powers.

The instruments of ratification will remain in the archives of the Secretariat of the League of Nations.

Article 15

A first proces-verbal of the deposit of ratifications shall be drawn up by the Secretary-General of the League of Nations as soon as the present Convention shall have been ratified by the following Powers:

(Here follows the list of the, principal producing Powers, to be drawn up by the Conference.)

The Convention shall come into force four months after the date of the notification of this procès-verbal by the Secretary-General of the League of Nations to all signatory Powers.

Subsequently, the Convention will come into force in respect of each High Contracting Party four months after the date on which its ratification or accession shall have been notified by the Secretary-General of the League of Nations to all signatory or acceding States.

Remarks

The delegation of Salvador recommends that the text of this article should correspond to that of Article 41 of the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War of June 17th, 1925, to the effect that the Convention should come into force after ratification by fourteen Powers.

Article 16

The High Contracting Parties agree to accept reservations which may be made by Estonia, Finland, Latvia, Poland and Roumania at the moment of their signature of the present Convention, and which shall suspend, until the accession of Russia to the present Convention under the same conditions as the said Powers, the application, in respect of those States, of Articles . . . . . . of the present Convention

62. Reprinted from League of Nations, Special Commission for the Preparation of a Draft Convention on the Private Manufacture of Arms, etc.: Report … to the Council on the Work of Its Second Session, held at Geneva, August 27th to 30th, 1928 (C.447.1928.IX—C.P.A.20–1).
63. Brackets in the original.