Office of the Historian

511.4A6/387: Telegram

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

Washington, July 11, 1931—11 a.m.

21. Your telegrams 34, July 2, 10 a.m., 36, July 4, 11 a.m., and 42, July 9, 10 a.m.

(1)
Department assumes that proposed article 27 or substantially similar provision will be embodied which will leave convention open for signature at a future date.
Accordingly decision of question of signature by this Government will be deferred until the Department has had time thoroughly to consider all the provisions of the final text.
(2)
The following observations concerning summary of draft articles contained in your 42, July 9, 10 a.m. are submitted for Delegation’s information and guidance.
  • Article 1. Assuming that the list of drugs does not include all derivatives of opium and coca leaves Department requests Delegation to make a further effort to obtain adoption of a provision permitting any signatory to exercise control over all such derivatives.
  • Article 6. Delegation should strongly oppose any allowance in excess of estimated needs for purposes listed in A to F.
  • Article 11. Proposed article appears to prohibit the manufacture of non-narcotic flavoring extracts and should be amended to permit the manufacture under adequate governmental supervision of such extracts as are not capable of contributing to drug addiction.
  • Article 14. Department assumes that discrepancy between French and English texts of article 24 of Geneva Convention is removed by substitution of new wording for paragraph 1 of that article and that paragraphs 2 to 7 inclusive are embodied in proposed convention. Delegation should refrain from voting on this article in view of possible complications arising from connection with League.
  • Article 18. Department approves your position in objecting to time limit and destruction of seized drugs in Government control at the time of signature.
  • Article 21. Article set forth in your telegram 36 July 4, 11 a.m. considered acceptable.
  • Article 25. Department approves Swiss amendment of this article as reported in your numbers 34 and 37, July 2, 10 a.m. and 4, 2 p.m. respectively.

Should it be proposed to embody in or annex to proposed convention articles 19 and 20 of Geneva Convention the Delegation should refrain from voting in view of League control of staff and other League complications.

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Department observes that articles 7, 8, 12, 24 and 31 of proposed draft are not mentioned in your number 42 of July 9 and it assumes that reason for this omission is Delegation’s opinion that they are either acceptable or unobjectionable to this Government.

While Department is not aware to what extent the provisions of chapters III, V and VI of Geneva Convention have been incorporated in or will be annexed to the proposed convention, there is given below comment submitted by Bureau of Narcotics on certain administrative features thereof.

(a)
Article 12. As export permit by showing names of both exporter and importer offers protection against fraud it is considered preferable not to require name of exporter to appear in import permit. This would avoid placing purchasers far away from exporting country too much in the hands of the exporter. Also considered preferable not to allow importation in more than one consignment and preferable that import permit be limited by date of shipment rather than date of effectuation of import.
(b)
Article 15. Considered preferable to make production of import certificate a condition precedent to granting permission for transshipment of goods in transit.
(c)
Article 22 (2). Impracticable to supply statistics of imports sooner than 60 days after close of quarter.
(d)
Article 22 (3). Considered impracticable to state separately amounts purchased for Government purposes.
Castle