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(6) Date of delivery, or date of completion, together with the

following data with respect to the vessel at that date: Standard displacement in tons and metric tons; the principal dimensions, namely, length at water-line, extreme beam at or below water-line, mean draft at standard displacement, as well as the following information regarding the armament installed on board the vessel at the date of delivery and forming part of the vessel's normal armament: number and calibre of guns; number and calibre of torpedo tubes; number of bomb throwers;

number of machine-guns. By standard displacement in the present article is to be understood the displacement of the vessel complete, fully manned, engined, and equipped ready for sea, including all armament and ammunition, equipment, outfit, provisions and fresh water for crew, miscellaneous stores and implements of every description that are intended to be carried in war, but without fuel or reserve feed water on board.

ARTICLE 7

No modification.

General Provisions

ARTICLE 8

In time of war the application of the present Convention shall be suspended as regards belligerents until the restoration of peace. Remarks

Certain Delegations have expressed the opinion that the following words should be added. ... "and also as regards nonbelligerents. Neutral High Contracting Parties who avail themselves of this right shall duly notify the other High Contracting Parties.”

The Italian Delegation proposes that this article should be drafted as follows:

"In time of war the application of the present Convention shall be suspended until the restoration of peace as regards belligerents and as regards nonbelligerents upon their giving due notice to the other High Contracting Parties, in conformity with an undertaking to this effect."

ARTICLE 9 No modification.

ARTICLE 10

No modification.

ARTICLE 11

No modification.

ARTICLE 12 No modification.

The Delegations of Germany, Italy and Salvador, however, associated themselves with the proposal of the Netherlands Delegation that this article should be omitted.

The Sub-Committee was of opinion that this article should be reserved for discussion by the Conference.

ARTICLE 13

No modification.

ARTICLE 14

No modification.

ARTICLE 15 No modification.

The Spanish Delegation associated itself with the observation made by the Delegation of Salvador. The Sub-Committee was of opinion that this article should be reserved for discussion by the Conference.

ARTICLE 16 No modification.

The Sub-Committee was of opinion that this article should be reserved for discussion by the Conference.

500.A16/99

I'he Minister in Switzerland (Wilson) to the Secretary of State No. 692

BERNE, December 28, 1928. . L. of N. No. 1249

[Received January 11, 1929.] SIR: Referring to the Legation's telegram No. 128, of December 26, 3 p.m.,83 I have the honor to transmit herewith five copies of a communication, with its enclosures, from the League of Nations, dated December 22, 1928, C. F. A.-31,8% in which the Chairman of the Special Commission for the preparation of a draft convention on the manufacture of arms and ammunition and of implements of war requests the appointment of an expert to discuss the proposal submitted by the Belgian delegate with regard to the drafting of Article I of the preliminary draft convention. The meeting of experts will be held on March 11, 1929, at Geneva. I have [etc.]

(For the Minister)

PIERREPONT MOFFAT

Secretary of Legation

Not printed.

POLICY OF THE DEPARTMENT OF STATE REGARDING THE EXPORTA.

TION OF MILITARY EQUIPMENT TO CERTAIN COUNTRIES

811.248/53 The Acting Secretary of War (MacNider) to the Secretary of State

WASHINGTON, October 15, 1927. MY DEAR MR. SECRETARY: Reference is made to the policy of the War Department concerning the sale of Liberty Aviation engines abroad, as set forth in the letter from the Assistant Secretary of War (Mr. Davison), to the Chief of Air Corps, dated August 11, 1927, a copy of which is enclosed. 84

For his information in taking action upon applications for the purchase of Liberty engines for sale abroad in lots of less than fifty (50), the Chief of Air Corps has requested that he be furnished a list of those countries with which the United States is not on satisfactory diplomatic relations.

For the purpose indicated, it is requested that this Department be furnished a list of those countries to which, in the opinion of the State Department, there is objection to having aviation engines exported. Sincerely yours,

HANFORD MACNIDER

811.248/53
The Secretary of State to the Secretary of War (Davis)

WASHINGTON, January 11, 1928. SIR: I have the honor to refer to your letter of October 15, 1927, requesting to be furnished with a list of those countries to which, in the opinion of this Department, there is objection to having Liberty Aviation engines exported.

The following observations relative to certain countries are deemed pertinent to your inquiry under present conditions.

Latin America. At the present time an embargo is in force against the shipment of arms and ammunition to Honduras 85 and Nicaragua.86 The Department would not view with favor the export of any arms to Nicaragua except for the use of the National Guard which is commanded by American officers. The Department would be disposed to give favorable consideration to the purchase of a moderate quantity of arms and munitions by the Honduran Government but is closely watching all shipments to private individuals. In

84

Not printed.
85 Proclaimed Mar. 22, 1924; Foreign Relations, 1924, vol. 11, p. 322.

Proclaimed Sept. 15, 1926; 44 Stat. 2625.

88

view of the special situation now existing as regards Peru, Chile and Bolivia, the Department would desire to give very careful consideration to any proposed sale of arms, munitions or aviation engines to those countries. The regime now functioning in Ecuador has not been recognized by the United States although this Government is maintaining friendly relations therewith, and the Department would not object to the sale of aviation engines to the authorities in control of the government of that country should your Department desire to dispose of Liberty engines there. With regard to Mexico I may say that this Government has for some time past been maintaining an embargo on arms and munitions of war to that country, including aviation material for the use of the Mexican Government.87 However, the Department is now giving favorable consideration to applications covering aircraft and aviation material destined for use in Mexico.88

Europe. It is the policy of the Department to view with disfavor the exportation from the United States of military equipment to, or intended for, Russia, and in view of this fact the Department would not look with favor on the sale at the present time by your Department of Liberty engines for export to that country, Germany, Austria and Hungary. Article 170 of the Treaty of Versailles 89 provides that "importation into Germany of arms, munitions, and war material of every kind shall be strictly prohibited”. However, Article 201 of the same Treaty provides that

“During the six months following the coming into force of the present Treaty, the manufacture and importation of aircraft, parts of aircraft, engines for aircraft, [and] parts of engines for aircraft, shall be forbidden in all German territory." Similar provisions to those of Articles 170 and 201 of the Treaty of Versailles may be found in the Treaty of St. Germain (Articles 134 and 147, respectively) and the Treaty of Trianon (Articles 118 and 131, respectively). The foregoing treaty provisions would appear to have no bearing on the importation into Germany, Austria and Hungary at this time of civilian aircraft engines, parts, et cetera. Whether this is true of military aircraft material, et cetera, is not so clear, in view of the provisions of Article 170 of the Treaty, which might possibly be held to apply. In the event that your Department should consider the sale of Liberty Aviation engines in any of the three above mentioned countries, it would seem advisable to give further consideration to this point. Upon your request the Department will be pleased to take this point under further advisement.

* Proclamation of Jan. 7, 1924; Foreign Relations, 1924, vol. 11, p. 428.

See Foreign Relations, 1927, vol. III, pp. 233 ff. * William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1910-1923 (Washington, Government Printing Office, 1923, vol. 111, p. 3329.

Ibid., pp. 3149, 3539.

Far East. In so far as China is concerned I would call attention to the Presidential Proclamation of March 4, 1922,91 a copy of which is enclosed herewith, making unlawful the exportation of arms and munitions of war to that country which would seem to prevent the exportation to China of aviation engines for military purposes. There would be no objection to the exportation to China of aviation engines if this Department were satisfied that they would be used for commercial purposes.

This Department would, however, like to be advised of any requests for the sale of aviation material or war supplies to any foreign government, as the situation changes from time to time. I have [etc.]

FRANK B. KELLOGG

CONVENTION AND PROTOCOL FOR THE ABOLITION OF IMPORT AND EXPORT PROHIBITIONS AND RESTRICTIONS, WITH SUPPLEMENTARY AGREEMENT AND PROTOCOL, SIGNED AT GENEVA

92

Treaty Series No. 811

International Convention and Protocol for the Abolition of Import

and Export Prohibitions and Restrictions, Signed at Geneva, November 8, 1927, Together With a Supplementary Agreement and Protocol, Signed July 11, 1928 93

The President of the German Reich; the President of United States of America; the President of the Austrian Federal Republic; His Majesty the King of the Belgians; His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India ; His Majesty the King of the Bulgarians; the President of the Chilian Republic; His Majesty the King of Denmark; His Majesty the King of Egypt; the President of the Estonian Republic; the President of the Republic of Finland; the President of the French Republic; His Serene Highness the Gov

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Foreign Relations, 1922, vol. I, p. 726. "For correspondence concerning the First International Conference for the Abolition of Import and Export Prohibitions and Restrictions, see ibid., 1927, vol. I, pp. 246 ff.; for the Second Conference, see post, pp. 366 ff.

In English and French. French text not printed. Convention and protocol signed on the part of the United States, January 30, 1928. Supplementary agreement and protocol signed on the part of the United States, July 31, 1928. Ratification advised by the Senate, with reservation, September 19, 1929 (legislative day of September 9); ratified by the President; September 20, 1929; ratification of the United States deposited at Geneva, September 30, 1929; proclaimed by the President, March 6, 1930.

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