811.114 Canada/4310
The Chargé in Canada (Riggs) to the
Acting Secretary of State
Ottawa, March 22, 1930.
[Received March
25.]
No. 1343
Sir: I have the honor to refer to the
Legation’s telegram No. 46 of March 22, 1 p.m.,2 reporting the receipt this
morning from the Prime Minister of a note suggesting on the part of
Canada the conclusion of a treaty in amendment of the Convention of June
6, 1924, and for the purpose of providing “on a reciprocal basis for the
denial of clearance of shipments of merchandise by water, air, or land
from either country to the other when their importation is prohibited by
the latter, and for such further reciprocal measures for the suppression
of smuggling as may be found feasible.” Copy of this note, which is No.
24 of March 22, 1930, is transmitted herewith. Two copies of Bill No. 15
entitled “An Act to amend the Export Act”, were received as enclosures
to the note and are likewise attached.2
I have [etc.]
[Enclosure]
The Canadian Secretary of State for External
Affairs (Mackenzie
King) to the American
Chargé (Biggs)
Ottawa, March 22, 1930.
No. 24
Sir: I have the honour to refer to Mr.
Phillips’ note No. 349 of April 20, 1929,2 with regard to measures
under consideration for the further control of smuggling operations
along the border between Canada and the United States, and
particularly to Mr. Phillips’ statement that the Government of the
United States was convinced that the only effective means of dealing
with the smuggling problem along the border would be the conclusion
of a treaty amending the Convention [Page 489] of June 6, 1924, to the end that clearance be
denied to shipments of commodities from either country when their
importation is prohibited in the other.
The Canadian Government has been giving further consideration to the
question in the light of experience in Canada as well as of
developments in border enforcement by the authorities of the United
States, and has reached the conclusion that further action is
desirable as regards both the special problem of the smuggling of
intoxicating liquors and the general problem of commercial
smuggling.
As to the export of intoxicating liquors from Canada, which involves
the use of governmental agencies in the release of liquors from bond
as well as in the issue of clearances, it has been considered
advisable that action should be taken forthwith by Dominion
legislation. A bill has accordingly been introduced into the House
of Commons to amend the Export Act, the main purpose of the
amendment being to require officials of the Dominion Government
having charge of liquor in bond and the granting of clearances to
vessels to refuse to release such liquor or to grant such clearances
where the granting of such release or clearance in any case would
facilitate the introduction of intoxicating liquor into a country
where the importation of such liquor is forbidden by law. This
measure has received second reading in the House of Commons and is
now being considered in detail in committee. It will be observed
from the copy of the bill which I enclose that it is general in its
terms, applying to export to any country where the importation of
intoxicating liquor is forbidden by law.
As to the general problem, it will be recalled that in discussing the
holding of a conference to consider the various proposals put
forward for further action to ensure the prevention of smuggling,
the Canadian Government indicated, in February, 1927, its desire
that the discussion should not be confined to the question of the
smuggling of liquor but should cover all forms of commercial
smuggling from each country into the other. The Canadian Government
believes that the present would be an opportune time to conclude
with the United States a treaty as suggested amending the Convention
of June 6, 1924, to provide on a reciprocal basis for the denial of
clearance of shipments of merchandise by water, air, or land from
either country to the other when their importation is prohibited by
the latter, and for such further reciprocal measures for the
suppression of smuggling as may be found feasible.
The Canadian Government would therefore be prepared to take the
necessary steps at an early date for the conclusion of such a
convention.
Accept [etc.]
