Papers relating to the foreign relations of the United States, 1931, Volume I

511.4A6/384: Telegram

The Chairman of the American Delegation (Caldwell) to the Acting Secretary of State

Geneva, July 9, 1931—10 a.m.
[Received 2:10 p.m.⁶]

42. Following summarizes essential provisions of draft which comes up for second reading before plenary session today (numbers refer to articles): 1. Definitions. Department is advised list of technical definitions too long and complicated to be telegraphed but includes all the substances which this delegation believes should be included.

2 to 5, estimates of annual domestic needs for consumption, conversion and reserve stocks based on medical and scientific requirements to be sent to Permanent Central Board. Estimates to be examined by a supervisory body on which the Opium Advisory Committee, the Permanent Central Board, the International Health Office and the League Health Committee each have the right to appoint one member. Supervisory body may require further details or explanations regarding the estimates except as regards requirements for Government purposes; will prepare estimates for countries not submitting them and will forward to the Secretary General of the League for transmission to all states copies of all estimates, explanations given or required and its own observations.

6. Limits manufacture in each country in any one year to total of estimated needs for

(a) Manufacture of preparations not requiring export permits.

(b) Domestic, medical and scientific needs.

(c) Conversion.

(d) Export.

(e) Maintaining reserve stocks.

(f) Maintaining Government stocks.

A 5 percent fluctuation is provided for but I doubt whether this provision will be retained.

9. Any excessive stocks in existence when convention becomes operative or at the beginning of any subsequent year to be deducted from quantity to be manufactured or imported or to be taken possession of by the Government and released in conformity with the convention.

10. Heroin exports prohibited except to Government agency which shall regulate distribution.

11. Manufacture of any opium or coca leaf derivatives not now in use for medical and scientific purposes not to take place until Government has ascertained that it is of medical or scientific value following which notice shall be sent to signatory powers and to Secretary General of the League who shall communicate to Health Committee of League. Health Committee to consult with International Health Office and decide whether or not product is capable of producing addiction or convertible into such substance.

13. May now apply to drugs enumerated in article 1 provisions of Geneva Convention (or provisions in conformity therewith) which are applicable to substances mentioned in article 4 of that convention except as modified by present convention.

Following provisions of Geneva Convention or provisions in conformity therewith shall apply to codeine, ethylmorphine and their salts:

(a) Articles 6 and 7 as regards manufacture, import, export and wholesale trade;

(b) Chapter V except as regards compounds;

(c) Paragraphs 1 (b) (c) and (e) and paragraph 2 of article 22 except as to preparations.

14. Exports to country not party to new convention or Geneva Convention to be reported by exporting country to Permanent Central Board unless over 25 kilograms in which case export authorization not to be issued until Permanent Central Board reports that export will not cause estimate of importing country to be exceeded. If Permanent Central Board finds that exports to any country exceed estimates all signatories to be notified and no more exports to be made during the year unless supplementary estimates are submitted or exceptional circumstances justify export in interests of humanity. The Board will prepare an annual statement showing each country’s estimates, consumption, manufacture, conversion and exportation. If figures indicate any failure to comply with obligations of convention, Board may ask for explanation and procedure of paragraphs 2 to 7, article 24 of the Geneva Convention, shall apply.

15. Provides for strict supervision of amounts of raw material and manufactured drugs in possession of each manufacturer and limits accumulation of stocks of raw materials to those required for economic conduct of business, not to exceed 6 months’ requirements except in exceptional cases, when Governments may permit up to 1 year’s requirements.

16. Requires legislative measures to give effect to convention and creation of special narcotics administration.

17. Requires quarterly reports of materials received in factories and drugs produced. Manufacturers shall report quarterly, morphine, cocaine and ecgonine content of raw material on the basis of a method prescribed by each Government; quantities of raw materials or manufactured products disposed of and quantities remaining in stock.

18. Provides for the destruction within 3 months after released by judicial authorities of seized drugs in Government control at the time of signature and of those subsequently seized. Reports of drugs destroyed to be sent to Permanent Central Board.

We are objecting to time limit and to destruction of seized drugs already in Government control as [ at?] the time of signature and doubt if this part of article will be approved.

19. Labels to show percentage and name of the drug as provided for in national legislation. (Final adoption of this is very doubtful).

20. Notification to be sent to Secretary General of League by each country in which there is manufacture or conversion.

21. Laws and regulations giving effect to present convention and annual reports re working of convention to be communicated to Secretary General.

22. Permanent Central Board to receive annual statements of drugs used by manufacturers and wholesalers for making preparations not requiring export authorizations.

23. Particulars of each case of illicit traffic to be reported to Secretary General of League as soon as possible.

25. This is the Swiss amendment quoted in delegation’s 34, July 2, 10 a.m., with deletion referred to in delegation’s 37, July 4, 2 p.m.

26. Provides that at the time of signature, ratification or accession, territories, colonies or protectorates may be exempted from application of convention; that such areas may be included subsequently; and that convention may be denounced on behalf of such territories after the 5-year period mentioned in article 31.

27. The convention is to be open to signature until January 1, 1932.

28. Ratifications to be transmitted to Secretary General of League.

29. Accessions may be sent to Secretary General of League after January 1, 1932.

30. Convention to come into force as regards articles 2 to 5 inclusive, 3 months after Secretary General has received ratifications or accessions of 25 nations including 5 of the following: Germany, Switzerland, France, Great Britain, Netherlands, Turkey, Japan, United States. Remaining provisions to come into force on the 1st of January of the fiscal year for which estimates are furnished.

32. After 5 years from the coming into force of articles 2 to 5 convention may be denounced by giving notice to Secretary General. If states are reduced to less than 25 convention ceases to be in force.

Caldwell

6. Telegram in two sections.