858.843/12
The Chargé in Sweden (Crocker) to the
Secretary of State
Stockholm, October 29, 1930.
[Received
November 12.]
No. 155
Sir: In compliance with the Department’s
instruction No. 127, dated December 12, 1929, enclosing correspondence
concerning apparently discriminatory charges assessed against American
yachts calling at Swedish ports, particularly in the case of the yacht
Cyprus which arrived at Stockholm on July 3,
1929, and instructing me to invite the attention of the Swedish
authorities to the charges assessed against the Cyprus and to state that, pending ratification of the proposed
treaty of friendship, commerce and consular rights between the United
States and Sweden, the Government of the United States would appreciate
an agreement on the part of the Swedish Government to accord to American
yachts in Swedish ports treatment in the matter of the payment of
various port charges reciprocal to that which is now enjoyed by Swedish
vessels calling at ports of the United States, I have the honor to
report that on January 3, 1930, I addressed a communication to the
Minister for Foreign Affairs, in the sense of the Department’s
instruction under reference, a copy of which, without its accompanying
enclosures, is enclosed. On October 22, 1930, the Legation received a
reply thereto from the Minister for Foreign Affairs, a copy and
translation of which are enclosed herewith, informing me that, according
to the provisions of Section 126 of the Swedish Customs Regulations and
of the Royal Decree dated October 7, 1927, yachts belonging to yacht
clubs of countries where the same facilities are
[Page 847]
accorded to Swedish yachts are exempted in Swedish
ports from all navigation dues—except dues of pilotage when they have
actually a pilot on board—provided that they be furnished with a
certificate delivered by the authorities of the country and on the
understanding that they are not equipped for commercial purposes. A copy
and translation are enclosed of Section 126 of the Swedish Customs
Regulations and of Royal Decree dated October 7, 1927.
The Minister for Foreign Affairs states in conclusion that “if your
Government consents to grant upon a basis of reciprocity the same
facilities to pleasure yachts belonging to Swedish yacht clubs, I permit
myself to propose that the present note and the reply which you may make
thereto will serve as an agreement reached between our two
countries”.
In view of the form of the agreement proposed by the Minister for Foreign
Affairs and in the absence of specific instruction from the Department
authorizing me to conclude such an agreement, I have the honor to report
that, in order to avoid unnecessary delay, I addressed a reply to the
note of the Minister for Foreign Affairs under reference, dated October
29, 1930, a copy of which is enclosed herewith, in which I stated that,
inasmuch as the provisions of the Statutes of the United States for the
collection of tonnage and light dues (U. S. Code, Title 46, Sections 121
and 128) permitted the suspension of those charges in behalf of vessels
of foreign countries which accorded national treatment to vessels of the
United States, I was accordingly gratified that there appeared to be no
further obstacle to the enjoyment by the pleasure yachts of each country
of treatment reciprocal to that enjoyed in the ports of the other.
For the Department’s confidential information, I may state that, in my
opinion, upon the conclusion of the reciprocal agreement, there will be
no difficulty in obtaining the refund of the discriminatory charges
assessed in the past against American yachts calling at Swedish ports
and which have been protested.
Respectfully yours,
[Enclosure 1]
The American Chargé (Crocker) to the Swedish Minister for Foreign Affairs
(Trygger)
Stockholm, January 3, 1930.
No. 211
Excellency: Acting under instructions from
my Government, I have the honor to invite the attention of Your
Excellency to the apparently discriminatory charges assessed against
American yachts calling at Swedish ports, and particularly to the
charges assessed against the yacht Cyprus
which arrived at Stockholm on July 3, 1929. A memorandum of these
charges as contained in a report by the Master
[Page 848]
of the Cyprus,
dated August 1, 1929, is appended hereto.24 I am further instructed to
state that, pending ratification of the proposed treaty of
friendship, commerce and consular rights between the United States
and Sweden, my Government would appreciate an agreement on the part
of the Swedish Government to accord to American yachts in Swedish
ports treatment in the matter of the payment of various port charges
reciprocal to that which is now enjoyed by Swedish vessels calling
at ports of the United States.
In this connection I venture to cite for the information of Your
Excellency the provisions of the Statutes of the United States for
the collection of tonnage and light dues (U. S. Code, Title 46,
Sees. 121 and 128), as well as the suspension of those charges in
behalf of vessels of foreign countries which accord national
treatment to vessels of the United States.
I avail myself [etc.]
[Enclosure
2—Translation]
The Swedish Minister for Foreign Affairs
(Ramel)
to the American Chargé (Crocker)
Stockholm, October 22,
1930.
Mr. Chargé d’affaires: By a letter dated
January 3, 1930, you kindly informed my predecessor that the United
States Government is disposed to conclude an arrangement with the
Swedish Government with a view to exempting on a basis of
reciprocity the pleasure yachts of the two countries from all
navigation dues in their ports.
Referring to this letter, I have the honor to inform you that,
according to the provisions of Section 126 of the Swedish Customs
Regulations and of the Royal Decree dated October 7, 1927, yachts
belonging to yacht clubs of countries where the same facilities are
accorded to Swedish yachts are exempted in Swedish ports from all
navigation dues—except dues of pilotage when they have actually a
pilot on board—provided that they be furnished with a certificate
delivered by the authorities of the country and on the understanding
that they are not equipped for commercial purposes.
If your Government consents to grant upon a basis of reciprocity the
same facilities to pleasure yachts belonging to Swedish yacht clubs,
I permit myself to propose that the present note and the reply which
you may make thereto will serve as an agreement reached between our
two countries.
Please accept [etc.]
[Page 849]
[Enclosure
3—Translation]
Section 126 of the Swedish Customs
Regulations
A master of a vessel belonging to a public yacht club or other
similar association and which is not equipped for commercial
purposes (pleasure yachts) shall, when the vessel arrives or departs
from a port in the customs territory without being used for
conveying goods other than foodstuffs and articles necessary for the
vessel during the journey, be exempt from the duty to submit to the
customs authorities a written report regarding the vessel and from
obtaining a permit for it from the customs authorities.
When arriving from a port outside of the customs territory, the
master may not visit any other port with the vessel than a customs
port or a place where coast-guards are stationed. When arriving from
and departing to a place outside of the customs territory, it is the
duty of a master to report personally to the nearest customs office
or coast-guard station and to submit a certificate, issued by a
public authority or the board of the association, showing the name
of the vessel, number and tonnage, the name of the owner of the
vessel and domicile, as well as the name of the association to which
the vessel belongs.
If the owner or master of a pleasure yacht has here in the country
been found guilty of illegal import or export of articles, the
provisions granted in this section shall not apply to any of the
vessels belonging to the association as long as he owns or commands
the vessel. However, the advantages shall be discontinued not
earlier than fifteen days after the General Customs Board has
informed the board of the association of the misdemeanor
committed.
The provisions of this section shall not apply to vessels belonging
to an association in Sweden, provided His Majesty has not granted
the association similar rights for its vessels, and shall not either
apply to vessels belonging to a foreign association, unless Swedish
pleasure yachts enjoy the same advantages in the respective
country.
[Enclosure
4—Translation]
Royal Decree of the Swedish
Government
No. 394
ROYAL DECREE
Regarding Exemption in Certain
Cases for Salvage Vessels and Pleasure Yachts from Payment of
Maritime Dues
Given at the Palace of Stockholm, October 7, 1927
His Royal Majesty has deemed fit to decree that salvage vessels and
pleasure yachts referred to in Sections 124 and 126 of the Customs
Regulations, under the conditions mentioned in these sections,
[Page 850]
shall in Swedish ports be
exempt from all those fees which are generally assessed for vessels
in such ports, with the exception of pilotage fees where a pilot is
employed.
This decree shall enter into force on May 1, 1928, on and from which
day the regulations in the letter to the Board of Trade of April 24,
1863, (No. 23), relating to the exemption from certain fees in
Swedish ports accorded vessels intended for diving and salvage
activities, shall cease to be effective.
Let all concerned duly comply
herewith. In faith whereof, We have signed this with Our own
hand and have caused it to be confirmed by Our Royal Seal. The
Palace of
Stockholm, October 7, 1927.
Gustaf
(
l. s.)
[Enclosure 5]
The American Chargé (Crocker) to the Swedish Minister for Foreign Affairs
(Ramel)
Stockholm, October 29, 1930
No. 56
Excellency: I have the honor to acknowledge
the receipt of Your Excellency’s note dated October 22, 1930, in
reply to my note dated January 3, 1930, addressed to Your
Excellency’s predecessor, relating to the desire of my Government to
obtain an agreement on the part of the Swedish Government to accord
to American yachts in Swedish ports treatment in the matter of the
payment of various port charges reciprocal to that which is now
enjoyed by Swedish vessels calling at ports of the United
States.
Your Excellency is so good as to inform me that, according to the
terms of Section 126 of the Swedish Customs Regulations and of the
Royal Decree dated October 7, 1927, yachts belonging to yacht clubs
of countries where the same facilities are accorded to Swedish
yachts are exempted in Swedish ports from all navigation dues—except
dues of pilotage when they have actually a pilot on board—provided
that they be furnished with a certificate delivered by the
authorities of the country and on the understanding that they are
not equipped for commercial purposes.
In conclusion Your Excellency states that, if my Government consents
to grant upon a basis of reciprocity the same facilities to pleasure
yachts belonging to Swedish yacht clubs, Your Excellency proposes
that the note under reference and the reply which I may make thereto
will serve as an agreement reached between our two countries.
[Page 851]
In reply I have the honor to state that, inasmuch as the provisions
of the Statutes of the United States for the collection of tonnage
and light dues (U. S. Code, Title 46, Sections 121 and 128) permit
the suspension of those charges in behalf of vessels of foreign
countries which accord national treatment to vessels of the United
States, I am accordingly gratified that there appears to be no
further obstacle to the enjoyment by the pleasure yachts of each
country of treatment reciprocal to that enjoyed in the ports of the
other.
I avail myself [etc.]
