In compliance with this law, there is also enclosed the draft text of a
memorandum, together with its enclosures, which you are requested, unless
you perceive objection, to transmit to the British Foreign Office in such
manner as you may consider appropriate. You may, of course, make such
changes in the text as may be necessary to bring it into conformity with the
mode of transmission. For your information with regard to enclosure 236 of the enclosed draft memorandum, the American Chargé d’Affaires ad interim at Tehran37 is being requested to transmit the text of that
memorandum to the Iranian Foreign Office in such manner as he may consider
appropriate, making only such changes as may be necessary to bring it into
conformity with the mode of transmission.
There is further enclosed, for your information, a copy of the remarks made
by the Honorable Walter H. Judd on the occasion of introducing House Joint
Resolution 241.38
[Enclosure]
Draft Memorandum39
There is transmitted to the British Government a copy of Public Law 400,
Seventy-eighth Congress of the United States of America, approved July
1, 1944. In compliance therewith the Government of the United States
urges the Government of Great Britain to give consideration to the
advisability of taking such steps as may be necessary to assure that the
production of opium in India and Burma be limited to the amount required
for strictly medicinal and scientific purposes.
This resolution is an expression of the conviction of the people of the
United States that drug addiction and the illicit traffic in narcotic
drugs should be attacked at their source and that American citizens now
serving abroad in countries where opium is produced and sold freely
should be protected from the danger of acquiring the drug habit. It is
generally recognized that production of opium over and above medicinal
and scientific requirements is the principal cause of illicit traffic,
of which the United States is one of the chief victims.
A long step forward towards the suppression of the abuse of opium was
taken when the British Government on November 10 last announced [Page 1096] that it had “decided to
adopt the policy of total prohibition of opium smoking in the British
and British-protected territories in the Far East which are now in enemy
occupation and, in accordance with this policy, the prepared opium
monopolies formerly in operation in these territories will not be
reestablished on their reoccupation.” This Government concurs in the
further statement contained in that announcement that “The success of
the enforcement of prohibition will depend on the steps taken to limit
and control the production of opium in other countries.” In consonance
with this statement, it would seem to be appropriate and timely to
exchange views concerning measures which may be taken to secure the
cooperation of the interested governments in the solution of this
problem.
As a result of the decision of the British and Netherland Governments to
suppress smoking opium in the Far Eastern areas referred to above and
the uncompromising attitude of the Chinese and United States
Governments, the legitimate market for smoking opium in those areas,
formerly amounting to about 350,000 kilograms annually, will no longer
exist. Consequently, in future, exports of opium will have to be limited
to the demands of the world market for medicinal and scientific
requirements only. During the period immediately after the war, it is
estimated that the world market for opium for medicinal purposes will
require about 400,000 kilograms of opium, whereas world production of
raw opium for the year 1944 has been estimated by experts of this
Government, in the absence of exact figures, as amounting to about
2,400,000 kilograms. There is also production in Central Europe of
morphine direct from poppy straw totaling about 8,500 kilograms.
The Government of the United States is urging all opium-producing
countries with which it has friendly relations to take steps to limit
production to medical and scientific requirements. It hopes that this
action will clear the way for a conference for the purpose of drafting a
suitable poppy limitation convention, preparations for which were
undertaken several years ago by the Opium Advisory Committee.40
In the hope of expediting and promoting agreement, the United States
Government suggests that the proposed convention should contain
provisions:
- 1.
- Stating in clear language that its objectives are (a) to suppress the abuse of narcotic
drugs and (b) to supplement the Hague
Opium Convention of 1912.
- 2.
- Restricting the cultivation of opium poppies for the
production of raw opium to the countries which have been
producing opium in [Page 1097]
quantity for many years and restricting the number of countries
which may export opium to not more than five of the largest
producers.
- 3.
- Restricting the cultivation of opium poppies for the direct
extraction of morphine to present or lower levels, and
prohibiting the exportation of any of the extracted
morphine.
- 4.
- Establishing a control body consisting of not more than seven
members who shall have adequate powers to enforce compliance
with their decisions.
- 5.
- Requiring all countries and territories to submit estimates of
their requirements for raw opium annually to the Control
Body.
- 6.
- Specifying that each opium producing-exporting country be
allotted by the Control Body an annual production and export
quota.
- 7.
- Requiring all importing countries and territories to buy in a
given year the quantities of opium estimated as needed for that
year.
- 8.
- Assuring the producer a fair return.
- 9.
- Requiring the standardization of opium by all
producers.
- 10.
- Requiring the licensing and complete control of all
cultivators by the national authorities with the submission
annually of accurate statistics covering the area cultivated and
the quantity of opium produced.
- 11.
- Incorporating a system of complete and absolute government
control over the distribution of opium and any products of the
poppy containing morphine, and over stocks.
- 12.
- Stipulating that the parties to the proposed convention which
are not parties to the Geneva Drug Convention of 1925 agree to
apply Chapter V of the latter convention, which sets up a system
of import permits and export authorizations for the control of
the international trade in opium and other dangerous
drugs.
- 13.
- Prohibiting a producing country which becomes a party to the
convention from supplying, directly or indirectly, consuming
countries which have not become parties to the convention, and
prohibiting consuming countries which become parties to the
convention from buying from producing countries which have not
become parties to the convention.
- 14.
- Stipulating that opium coming from States which are not
parties to the convention shall not be allowed to pass through
the territory of parties to the convention.
- 15.
- Calling for the prohibition of the manufacture, importation,
exportation, and use of smoking opium, and the closing of opium
monopolies.
- 16.
- Stipulating that a consuming country, either in the event of a
demonstrated discrimination against a consuming country in the
matter of supply, or in the event of an emergency arising which
interferes with or closes the existing source of supply of the
said consuming country, may become a producing country, but only
with the consent of the Control Body.
- 17.
- Insuring the absolute and complete independence of the Control
Body.
- 18.
- Establishing a businesslike and specific arrangement whereby
the parties to the convention accept responsibility for and
agree to pay each their fair share of the cost of implementation
through machinery set up by the convention.
[Page 1098]
This Governments hopes that the British Government on its part will
fulfil the intention expressed in its statement of November 10, 1943,
referred to above, to “consult the governments of other countries
concerned with a view to securing their effective cooperation in the
solution of this problem.” In this connection, it is realized that it
will be fruitless to convene a poppy limitation conference unless Iran
is willing to participate therein. The Government of the United States
is presenting to the Iranian Foreign Office at Tehran a memorandum
strongly urging the Iranian Government to limit the production of opium
to medicinal and scientific requirements and to cooperate in the work of
drafting a poppy limitation convention. That memorandum is along the
lines of the copy which is attached hereto.41 If the British Government could see its way clear
to make appropriate representations to the Iranian Government, it is
believed that the Iranian Government might give favorable consideration
to the proposed program. This suggestion is also being made to the
Soviet Government. It may also be pointed out that if most of the
opium-producing countries were to make sacrifices for the common good by
limiting production to an authorized proportion of the total quantity of
opium required by the world for medical and scientific purposes, and one
country were to continue to produce between 200 and 300 tons annually
for its own non-medical use, such a reservoir would inevitably be drawn
upon by illicit traffickers for their supplies.
Pending the entering into effect of an international poppy limitation
convention, this Government suggests that it would be helpful if the
British Government would give immediate consideration to the
advisability of taking any steps necessary with a view to the
announcement at the earliest possible moment that the Governments of
India and Burma will hereafter prohibit the production and the export of
opium for other than strictly medicinal and scientific purposes, and
will take effective measures to prevent illicit production of opium in
their territories and illicit traffic in opium from their
territories.
The Government of the United States is urging each of the opium-producing
countries with which it has friendly relations to make similar
announcements believing that such action would go far to ensure the
success of the prohibition of the use of prepared opium in the Far East
and to safeguard all countries against the possibility of an era of
increased drug addiction similar to that which followed the first World
War.
Before it will be possible to resume international discussions in the
Opium Advisory Committee or other body on the main principles [Page 1099] to be included in a poppy
control convention, a large amount of preparatory work remains to be
done. This Government feels that much progress could and should be made
during the present year, and accordingly ventures to suggest two
problems the early solution of which would facilitate the preparatory
work.
The first of these problems is the matter of exports of opium from India.
The position of the Government of India was set forth in the following
statement, dated February 24, 1939, which was circulated in League of
Nations document No. O.C. 1751 (e), March 6,
1939:
“Since the beginning of 1936, exports of opium from India had
practically ceased except for shipments of opium for medical
purposes to the United Kingdom and very small despatches of raw
opium to a few other places, viz., French and Portuguese
Settlements in India, Nepal, Zanzibar and Pemba. The exports to
these latter places are allowed in accordance with long standing
practice and are subject to arrangements which confine the
amount of such exports to the quantities approved by the
Governments of those countries. Opium is also exported to Burma
and Aden; before 1937, these territories formed an integral part
of India and it has been decided to continue to allow them to
draw their supplies of opium from India at cost price so long as
they require them. It will thus be noticed that India is not an
exporting country in any substantial sense.”
It would be helpful if the British Government could
furnish this and other interested governments with details in regard to
its intended future policy concerning the export of opium from India to
supply either medical or non-medical needs. Presumably it may wish to
modify the position taken in 1939 and not authorize shipments for use in
the manufacture of smoking opium, in view of the changes brought about
by the war and its decision of November 10, 1943 to prohibit smoking
opium in its Far Eastern territories.
The second problem relates to the Indian States. The position of the
Government of India is also contained in the statement of February 24,
1939 referred to above, as follows:
“I am to add that the Government of India are not at present in a
position to enter into any binding obligations on behalf of any
part of India except British India. As will be seen from
paragraphs 3 and 4 below, they have already secured a large
measure of cooperation from the States in all work for opium
control and have every reason to hope that they will have
increasing success in this direction. This, however, is secured
by persuasion and not by injunction, and it is therefore
necessary to make a formal reservation on behalf of the States.
The other parties need be the less concerned about such a formal
declaration for the reasons that the Government of India control
the only routes by which opium from the producing States can
reach any country outside India and that, so far as India is
concerned, it is the interest, as well as the duty, of the
Governments of the British Indian provinces and of those States
which are most closely collaborating with the Government of
India to secure that [Page 1100]
smuggling of opium out of the producing States is reduced to a
minimum.”
This policy had been previously applied. When signing the Convention for
the Suppression of the Illicit Traffic in Dangerous Drugs dated June 26,
1936,43 the delegate of
the Government of India declared, “That India makes its acceptance of
the Convention subject to the reservation that the said Convention does
not apply to the Indian States or to the Shan States (which are part of
British India).” In as much as the Indian States number about 570,
contain over one-fifth of the whole population of India, produce
annually about 185,000 kilograms of opium, and have licensed more than
8,000 shops for selling opium, it is felt that the Indian States should
be represented directly or indirectly at any conference or meeting which
may assemble to draft a poppy limitation convention. Otherwise, an
important part of world opium production would escape control; and
unless all opium production is brought under control the task of
drafting a poppy limitation convention will be rendered impossible of
accomplishment.
The Government of the United States believes that the British Government
will agree that it would be of assistance at this time if the British
Government would indicate whether it will be possible in future to have
the Indian States represented at international conferences relating to
opium or, if not, whether the British Government will be prepared to
enter into binding obligations with other countries on behalf of those
states.
With regard to the smuggling of opium out of the producing areas in
India, the United States has an interest in the situation in India
because recently it has been receiving opium in the illicit traffic from
India as reported in this Government’s reports for the years 1942 and
1943 on the traffic in opium and other dangerous drugs. Indian opium has
also recently appeared in the illicit traffic in Canada. The existence
of illicit traffic in opium in India is disclosed in League of Nations
document No. O.C./A.R. 1940/60, dated September 25, 1943, which is the
annual report of the Government of India on opium and other dangerous
drugs for the year 1940:
“Opium continued to be smuggled from the poppy producing areas of
Kaya Khabal, Amb, Sher Carh, Phulra and Candaf situated on the
border of Nazara and Mardan Districts of the North-West Frontier
Province, Afghanistan and Nepal. As in previous years, there was
a considerable amount of illicit traffic in opium from the
unadministered territories along the North East Frontier of
Assam and from the Punjab Hill States, the States of Rajputana
and Central [Page 1101] India,
the States of Tipperah and Cooch Behar and from the Hukong
Valley.”
The Government of the United States also has a particular interest at
this time in the quantity of opium produced annually in India, which has
fluctuated between 250,000 and 350,000 kilograms in the past few years,
because of the presence in India of large numbers of American soldiers
and American merchant seamen. As a means of protecting the health of
those men this Government urges the British Government to give immediate
consideration to the problem of surplus opium now existing in India.
It would be appreciated if the British Government would communicate to
this Government its views with regard to the above matters, including
its observations concerning the provisions which this Government has
suggested be incorporated in the proposed poppy limitation convention.
It would also be appreciated if the British Government would inform this
Government at an early date whether it is prepared to make the suggested
announcement concerning the limitation of the production of opium to
medicinal and scientific requirements.
Washington, July . . , 1944.
