511.4A6/388: Telegram

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

44. Department’s 21, July 11, 8 [11] a.m.

1. As stated in my 42, July 9, 10 a.m., article 27 provides that convention shall be open for signature until January 1, 1932.

Convention is completing its work today in expectation of signing tomorrow.

Numerous important concessions to our views have been made and we have been able to have included in the convention most of the important provisions which we have proposed and which are a great advance over previous conventions.

These include:

(1)
Limitation and control of all derivatives of opium and coca leaf including codeine.
(2)
Application of the convention to synthetic products.
(3)
Limitation raw materials in factories.
(4)
Accountability raw material processed in factories.
(5)
Stricter limitation in article 6 including elimination provision excess manufacture under section 2.
(6)
Complete control of newly discovered drugs.

In the opinion of the delegation, convention, if enforced will limit manufacture of drugs to medical needs of the world and reduce illicit traffic to a minimum.

Only yesterday German delegation, after receiving instructions agreed to the application to codeine of the import and export system thus removing last objection to a system upon which we had insisted and which had been strongly opposed by other manufacturing countries and was absolutely refused by the German delegation. The convention should be of greater value to the United States than to any other country. Consequently it is unfortunate that the delegation cannot sign, with the necessary reservations. The difficulty of forming an opinion concerning the convention under existing conditions is fully realized and it is regretted that matters proceeded so slowly during the first weeks of the conference and so rapidly at this state [staged]. Changes are still being made and Conference will not have a reasonable opportunity of studying the final text before being asked to sign. Although a number of delegations anticipated the present state of affairs it was not possible to expedite matters earlier and it is impossible to delay proceedings now. Delevingne8 expects to sign but to give careful study to the convention before ratification and will ratify with reservations if necessary.

2. As stated in my telegram 42, July 9, 10 a.m., article 1 includes all opium and coca leaf derivatives known to the delegation which should be included.

An amendment stating that the provisions of the convention should not be construed as preventing any signatory from taking stricter measures has been fully discussed and voted down and the matter cannot be raised again at this time. It was agreed that reservations to this effect would be made by any signatory who considered it necessary.

Article 6 was disposed of yesterday and an amendment of this delegation restricting manufacture for domestic consumption to actual needs, within the limits of estimates, was adopted.

Delegation has considered that article 11 does not affect flavoring substance obtained from coca leaves, as this is not obtained from the “Ecgonine—alkaloids of the coca leaf” which is the phrase included in the final form of the article already adopted.

Article 14 contains no reference to section 1 of article 24 of the Geneva Convention which is the section the French and English texts [Page 670] of which differ, or to the discrepancy between texts. The only parts of article 24 referred to are paragraphs 2 to 7 the reference to which is in article 14 and states that if it appears that a signatory has not carried out his obligations under this convention the Permanent Central Board shall have the right to ask for explanations “and the procedure specified in paragraphs 2 to 7 of article 24 of the Geneva Convention shall apply”.

The 25 kilograms mentioned in first part of article 14 was today reduced to 5 kilograms.

The number of countries listed in article 30 was today reduced from 5 to 4.

Several other changes which there is not time to list before the next session of the Conference were made today all of them strengthening the convention.

Summaries of articles 2 to 7 were not included because they did not seem to be of sufficient importance to telegraph but are given below. Numbers refer to articles.

7 relates to deduction from amounts manufactured of amounts imported.

8 requires conversion within stipulated period of amounts of drugs estimated for that purpose.

12 prohibits import or export of drugs except in accordance with this Convention, imports in any one year not to exceed total of amount specified in estimate and amount exported less amount manufactured.

24 stipulates that present convention shall supplement Geneva Convention in the relations between parties to both conventions.

31 specifies that ratifications or accessions received after date on which convention comes into force shall take effect on expiration of 90 days.

The only specific reference to articles 19 or 20 of the Geneva Convention is: Article 2 referring to the Permanent Central Board “constituted under chapter 6 of the Geneva Convention” (which chapter includes article 19).

Other references to Geneva Convention chapters 5 and 6 are, (1), as reported in my 42, July 9, 10 a.m., article 13, second paragraph B and C and, paragraph 2, reference above to article 14.

Caldwell
  1. Telegram in two sections.
  2. Sir Malcolm Delevingne, Permanent Deputy-Under-Secretary in the British Home Office.