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  4. Document 237

Treaty Series No. 811

Protocol Signed at Paris, December 20, 1929, Concerning the Entry Into Force of the International Convention of November 8, 1927, for the Abolition of Import and Export Prohibitions and Restrictions and of the Supplementary Agreement of July 11, 19282

The undersigned, being duly authorised and met at Paris at the invitation of the Secretary-General of the League of Nations, in conformity with the provisions of Article 17 of the International Convention for the Abolition of Import and Export Prohibitions and Restrictions signed at Geneva on November 8th, 1927, and of Articles C and D of the Supplementary Agreement to the said Convention signed at Geneva on July 11th, 1928;

Having noted that the instruments of ratification were deposited by their respective Governments within the time-limit provided for in the aforesaid Article C of the Supplementary Agreement, except in the case of Germany, on behalf of whom this deposit was not effected until November 23rd, 1929, and except in the case of Norway who has not yet carried out this formality;

Taking note of the annexed declaration made by the delegate of Norway;

Noting that certain of the conditions for the entry into force of the Convention and of the Supplementary Agreement mentioned above as defined in Article 17 of the Convention have not been fulfilled;

Noting furthermore that it is not possible at the moment to fulfil these conditions;

Being anxious nevertheless that the above-mentioned Convention and Supplementary Agreement should be put into force between the countries they represent, and hoping that the said conditions will be realised in the near future;

[Page 425]

Have agreed to the following provisions:

1. The German Government’s ratification shall be regarded, exceptionally, as having the same effect as if it had been deposited before September 30th, 1929.

2. The forthcoming ratification announced by the Norwegian Government shall be regarded, exceptionally, as having the same effect as if it had been deposited before September 30th, 1929.

3. If ratifications on behalf of Czechoslovakia and Poland are deposited before May 31st, 1930, they shall be regarded, exceptionally, as having the same effect as if they had been deposited before September 30th, 1929.

4. The Convention shall be put into force on January 1st, 1930, by the countries on whose behalf the present Protocol is signed.

In the case of Hungary, the Convention will be put into force in the manner stated in the annexed declaration by the Hungarian delegate.

5. Those of the countries referred to above which have made the putting into force of the Convention conditional on its ratification by Czechoslovakia and Poland or either of these countries, shall not be bound by its provisions after July 1st, 1930, unless both or either of these countries, as the case may be, ratified the Convention before May 31st, 1930, and complies with the obligations arising out of the putting into force of the Convention on January 1st, 1930. Similarly, a country which made the putting into force of the Convention conditional, as far as it is concerned, upon its ratification for any country or countries other than Czechoslovakia or Poland shall not be bound by its provisions after July 1st, 1930, unless such other country or countries are themselves bound after that date.

If any countries waive the benefits of the provisions of the preceding sub-paragraph, they shall inform the Secretary-General of the League of Nations of this fact by a declaration addressed to him before June 20th, 1930.

6. Any of the countries referred to in paragraph 4 shall be relieved of the obligations accepted by it in virtue of the present Protocol on June 30th, 1931, or the same date in 1932, 1933 or 1934, on forwarding a declaration to that effect on any of these dates to the Secretary-General of the League of Nations. This possibility, however, will cease if and when the number of countries for which, before the signature of the present Protocol, the Convention has been ratified without its entry into force being made subject to conditions or with its entry into force being made subject to conditions which are fulfilled is not less than eighteen.

It is understood that, when a country maintains the Convention [Page 426] in force under the provisions of the second sub-paragraph of No. 5 of this Protocol, in spite of the fact that its conditions have not been fulfilled, those conditions shall not thereby be considered to have been fulfilled for the purpose of the application of the second sentence of the preceding sub-paragraph.

The provisions of the preceding two sub-paragraphs shall apply to Czechoslovakia and Poland in the event of the Convention being ratified on their behalf within the period mentioned in paragraph 5.

7. The provisions contained in paragraph 6 above shall be extended to any Member of the League of Nations or any non-Member State acceding to the Convention after this day’s date.

In faith whereof the undersigned have signed the present Protocol.

Done at Paris, on December twentieth one thousand nine hundred and twenty-nine in a single copy the French and English texts of which are both authoritative and which shall be deposited in the archives of the Secretariat of the League of Nations. Certified true copies shall be transmitted to all the Members of the League of Nations and to any non-Member States to which the Council of the League of Nations shall have communicated a copy of the Convention of November 8th, 1927.
  • Germany
    • Adolf Reinshagen
  • Austria
    • Dr. Grünberger
  • Belgium
    • J. Brunet
  • Great Britain

    I declare that my signature does not include any of His Britannic Majesty’s Colonies, Protectorates or territories under suzerainty or mandate.

    • S. J. Chapman
  • Denmark
    • Boeck
  • United States of America
    • Charles E. Lyon
  • France
    • P. Elbel
  • Hungary
    • Nickl
  • Italy
    • G. Manzoni*
  • Japan
    • (Ad referendum)
    • N. Ito
  • Luxemburg
    • Albert Calmes
  • Norway
    • Sigurd Bentzon
  • The Netherlands
    • Posthuma
  • Portugal
    • F. deCalheiros e Menezes
  • Roumania
    • E. G. Neculcea
  • Switzerland
    • W. Stucki
  • Yugoslavia
    • I. Choumenkovitch
[Translation]

Declaration by the Norwegian Delegation

The undersigned, being duly authorised by the Norwegian Government, declares that the said Government undertakes to put into force by administrative measures as from January 1st, 1930, and pending the deposit of the formal ratification of the Convention, the provisions of the Convention of November 8, 1927, and of the Supplementary Agreement of July 11, 1928.

Paris, December 20, 1929.

Sigurd Bentzon
[Page 428]

Declaration by the Hungarian Delegation

The undersigned, being duly authorised by the Hungarian Government,

In consideration of the fact that the special conditions of Hungarian legislation prevent him from appending his signature to paragraphs 4 and 5 of the annexed Protocol,

Declares that, whilst accepting the other provisions of the aforesaid Protocol, his Government will, for its part, regard the Convention as having been put into force by Hungary on January 1, 1930, provided always:

(1)
That Austria, Germany, Italy, Roumania, Switzerland and Yugoslavia are as from July 1, 1930, bound by the provisions of the Convention;
(2)
That Poland and Czechoslovakia have ratified the Convention before May 31, 1930, and that they conform with the obligations involved by the coming into force of the Convention on January 1st, 1930.

Paris, December 20, 1929.

Nickl
  1. The protocol was signed in a single copy in French and English; French text not printed.↩

  2. At the time of signing the Protocol, His Excellency the Royal Italian Ambassador in Paris deposited with the Secretariat of the League of Nations the following declaration which must be considered as accompanying the signature affixed by him on the said Protocol:

    [Translation]

    “In thus affixing its signature, the Royal Italian Government undertakes to put the Convention into force provided the conditions laid down in the present Protocol are fulfilled, as well as the condition specified in Article C of the Supplementary Agreement, namely that eighteen States at least which have ratified the Convention should apply it effectively as from July 1st, 1930.” [Footnote on original protocol.]

    ↩