711.429/265
The Secretary of State to the Minister in Canada (MacNider)
Sir: With reference to the Legation’s despatch No. 1428 of May 22, 1930, transmitting the Canadian counter-proposals with respect to the proposed convention to supplement the anti-smuggling convention between the United States and Canada of June 6, 1924, the Department informs you that the Canadian counter-proposals have been given thorough consideration in collaboration with the Treasury Department and the Department of Justice. The following comment is arranged, in accordance with the system employed in the Legation’s despatch:
Preamble
This Government accepts the Canadian draft as far as the phrase “along the border” in lines 7 and 8. Since there may be smuggling elsewhere than along the border, as, for example, by air shipments destined for points in the interior, this phrase should be eliminated, unless, for some reason not known to the Department, Canada strongly desires it. In the latter case, this Government may reconsider its position. The remainder of the preamble of the Canadian draft is acceptable to the Department.
Article I
It is desired that lines 1 to 5 of this article be worded as follows:
The High Contracting Parties agree that clearance of shipments of merchandise by water, air or land from any of the ports of the Dominion of Canada or of the United States of America to any port or place in the other shall be denied, etc.
It is deemed advisable that clearance should be denied to any prohibited article whether destined to a place that is technically a port [Page 501] or to any other place in the United States or the Dominion of Canada, respectively. It is recognized, however, that the point is not likely to be of practical significance and, if the Canadian Government indicates a strong preference for the language used in the draft which it submitted, you are authorized to agree thereto.
After careful consideration, the Department believes that it will be impracticable to attach to the convention schedules setting forth lists of the articles the importation of which is prohibited. Such lists, it would seem, should be communicated between the Governments at the time of the exchange of ratifications and thereafter changes may be communicated as in third paragraph of Article I of the Canadian draft. Accordingly, it is desired that the second and third paragraphs of Article I of the Canadian draft be omitted and the following language inserted in their place:
Lists of articles the importation of which is prohibited in the Dominion of Canada and the United States of America, respectively, shall be exchanged between the two Governments immediately after the exchange of ratifications.
The Government of either country may, from time to time, communicate to the other any changes made in its list.
All of the other counter-proposals relating to Article I are acceptable to this Government.
Article II
This Government is prepared to accept all Canadian counter-proposals in regard to Article II. The Department is informed that there is no requirement for a United States customs seal in the Panama Canal Zone because that territory is solely under the jurisdiction of the War Department and the customs authorities exercise no jurisdiction there. The customs authorities are understood not to be in a position actually to maintain agents to protect American customs seals on shipments in transit via the River Stikine.
Article III
With reference to line 5 of the Canadian counter-draft in which the phrase “under guard by Canadian authorities” has been substituted for “under such guard as the Secretary of the Treasury of the United States may require”, you are informed that, while there is little likelihood that this Government will care to have American guards on Canadian trains in transit through Maine, it desires to provide for the exercise of such right at its option. The United States customs seals may be tampered with or forged, or other circumstances may arise which would make it desirable to have American as well as Canadian guards on these trains. In view of the statement referred to on page 7 of the Legation’s despatch No. 1428, it is assumed that the Canadian Pacific Railway would furnish free transportation for [Page 502] United States customs guards on its trains, in the event this Government should desire to employ them.
You are, accordingly, requested to propose the insertion of the words “and/or authorities of the United States of America” after the phrase “under guard by Canadian authorities” in line 5, and to say that all other changes in Article III are acceptable to this Government. If it should prove to be impracticable to obtain the foregoing amendment to the Canadian draft without materially delaying the conclusion of the convention, you are authorized to withdraw the proposal.
Article IV
All changes are acceptable.
Full powers to sign the treaty on behalf of the United States will be transmitted in an early pouch.
Very truly yours,