Papers relating to the foreign relations of the United States, 1930, Volume I

711.429/263a

The Acting Secretary of State to the Chargé in Canada (Riggs)

Washington, April 16, 1930.

No. 819

Sir: With reference to your despatch No. 1343 of March 22, 1930, and to subsequent correspondence in regard to a proposed treaty to supplement the Convention of June 6, 1924, for the purpose of providing on a reciprocal basis for the denial of clearances of shipments of merchandise when its importation is prohibited in the country of destination, there is enclosed for transmission to the Canadian Government the draft of a treaty in this sense. You will observe that the first two articles of this draft are with minor exceptions the same proposals that were made in Secretary Kellogg’s note of October 1. 1925,⁶ to the British Embassy in this capital. Article 3 dealing with transportation in bond across the State of Maine over the Canadian Pacific Railway of liquor consigned to the Liquor Control Boards of the several provinces of Canada, is based on a request in that sense made by the Canadian representatives at the informal conference on smuggling which took place in Ottawa in January 1929.

Full powers to sign this Convention will be forwarded to you at a later date.

I am [etc.]

[File copy not signed]

[Enclosure]

Draft of Convention

The United States of America and His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, being desirous of adopting more effective measures for the suppression of smuggling between the territories of the United States of America and of the Dominion of Canada than are provided under the Convention concluded between the United States of America and His Majesty at Washington on June 6, 1924, and of making certain provisions concerning alcoholic liquors, have resolved to conclude an Additional Convention for those purposes, and to that end have named as their plenipotentiaries:

The President of the United States of America:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

His Britannic Majesty, for the Dominion of Canada:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Who, having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed upon the following articles:

Article I

The High Contracting Parties agree that clearance of shipments of merchandise by water, air or land from the territory of either of the High Contracting Parties to the territory of the other High Contracting Party shall be denied if such shipment comprises articles the introduction of which is prohibited or restricted in the country to which such shipment is destined, provided, however, that such clearance shall not be denied on shipments of restricted merchandise when there has been complete compliance with the requirements of the laws of both countries.

Article II

No penalty or forfeiture under the laws of the United States of America shall be applicable or attach to alcoholic liquors or to vessels, vehicles or persons by reason of the carriage of such liquors when they are in transit from one place in Canada to another place in that country under such guard as the Secretary of the Treasury of the United States of America may require through the territorial waters of the United States of America pertaining to Alaska and through the Stickine River by the shortest route to Canadian territory, and such transit shall be as now provided by law with respect to the transit of alcoholic liquors through the Panama Canal or on the Panama Railroad, provided that such liquors shall be kept under seal continuously while the vessel or vehicle on which they are carried remains within the United States of America, its territories or possessions, and that no part of such liquors shall at any time or place be unladen within the United States of America, its territories or possessions.

Article III

No penalty or forfeiture under the laws of the United States of America shall be applicable or attach to alcoholic liquors or to vehicles or persons by reason of the carriage of such liquors when they are in transit, under such guard as the Secretary of the Treasury of the United States of America may require, through the State of Maine between Montreal, Quebec, and St. John, New Brunswick, via the Canadian Pacific Railway, under Canadian and United States customs seals; such liquor to be destined only for the Liquor Control Boards of the several provinces of Canada. Such transit shall be as now provided by law with respect to the transit of alcoholic liquors through the Panama Canal or on the Panama Railroad, provided that such liquors shall be kept under seal continuously while the vehicle on which they are carried remains within the United States of America, and that no part of such liquors shall at any time or place be unladen within the United States of America. The said exemption from penalties or forfeiture under the laws of the United States of America provided in this article shall be enjoyed on condition that the Canadian Pacific Railway Company shall pay all the necessary expenses incident to the guarding of the shipments in transit.

Article IV

This convention shall be ratified, and the ratifications shall be exchanged at Ottawa as soon as possible. The convention shall come into force at the expiration of ten days from the date of the exchange of ratifications, and it shall remain in force for one year. If upon the expiration of one year after the convention shall have come into force no notice is given by either High Contracting Party of a desire to terminate it, it shall continue in force until thirty days after either Party shall have given such notice to the other Party.

In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate and have thereunto affixed their seals.

Done at the city of Ottawa this . . . . . day of . . . . . one thousand nine hundred and thirty.

6. Not printed.