I.

Exceptions agreed to under Paragraph 1.

Germany:

Coal, coke, peat, lignite, briquettes (import and export).

Scrap iron and scrap of other metals and alloys (export).

Austria:

Scrap iron and scrap of other metals and alloys (export).

Belgium:

Scrap iron and scrap of other metals and alloys (export).

Great Britain:

Synthetic organic dyestuffs and colours or colouring matter containing them, as well as organic intermediate products used in the manufacture of such dyestuffs, colours and colouring matter (import).

France:

Scrap iron and scrap of other metals and allays (export).

Hungary:

Scrap iron and scrap of other metals and allays (export).

Italy:

Scrap iron and scrap of other metals and alloys (export).

Japan:

Synthetic organic dyestuffs and colours or colouring matter containing them, as well as organic intermediate products used in the manufacture of such dyestuffs, colours and colouring matter (import).

Rice (import and export).

Luxemburg:

Scrap iron and scrap of other metals and alloys (export).

Roumania:

Scrap iron and scrap of other metals and alloys (export).

Used machinery for industrial installations (import).

Czechoslovakia:

Coal, coke, peat, lignite, briquettes (import and export).

Scrap iron and scrap of other metals and alloys (export).

II.

Exceptions agreed to under Paragraph 2.

Egypt:

Live-stock (exportation subject to licence) (export).

Eggs, during certain months of the year (export).

Organic fertilisers, including pigeon-manure, slaughterhouse offal and dried blood (export).

United States of America:

Helium gas (export).

Italy:

Iron ores (export).

Corn (export).

Roumania:

Ores of iron, copper and manganese (export).

Crude oil (export).

In faith whereof the delegates have signed the present Convention.

Done at Geneva, the eighth day of November, one thousand nine hundred and twenty-seven, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations, and of which authenticated copies shall be delivered to all Members the League of Nations and non - Member States represented at the Conference.

Dr. TRENDELENBURG	GERMANY
8-XI-27
	UNITED STATES OF AMERICA

 

At the moment of signing the International Convention for the Abolition of Import and Export Prohibitions and Restrictions, and the Protocol to the Convention, I, the undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Switzerland, duly empowered to sign the said Convention and Protocol, declare, pursuant to instructions from my Government, that the United States, in accordance with Article 10 of the Convention, does not assume any obligation in respect of the Philippine Islands and that I sign the Convention and Protocol subject to the following reservations and conditions with respect to the United States of America:

(a) That prohibitions or restrictions designed to extend to exported products the regime established within the country in respect of the production of, trade in, and transport and consumption of such products in domestic commerce are not prohibited by the said Convention, provided, however, that such prohibitions or restrictions shall not be applied in such a manner as to constitute a means of arbitrary discrimination between foreign countries or a disguised restriction on international trade.

(b) That the said Convention affects neither the tariff systems nor the treaty-making methods of the participating countries nor the measures taken to ensure the application thereof, including measures to counteract dumping, bounties, subsidies, unfair methods or acts in foreign trade, undervaluation or discrimination.

HUGH R. WILSON
30-I-28
E. PFLÜGL	AUSTRIA
8-XI-27
J. BRUNET F. VAN LANGENHOVE	BELGIUM
8-XI-27
	GREAT BRITAIN AND NORTHERN IRELAND and those Parts of British Empire which are not separate Members of the League of Nations.

 

I declare that my signature does not include any of His Britannic Majesty's colonies, protectorates or territories under suzerainty or mandate.

S. J. CHAPMAN 8-XI-27
	INDIA

 

Under the terms of Article 10 I declare that my signature does not include the territories in India of any Prince or Chief under the suzerainty of His Majesty.

ATUL C. CHATERJEE
26-IV-28
	BULGARIA
Prof. GEORGES DANAILOW
8-XI-27
	CHILE

Translation by the Secretariat of the League of Nations:

At the moment of signing the present Convention, the undersigned declares, on behalf of his Government:

(a) That he is fully convinced that Nos. 1 and 3 of Article 4 cannot be invoked by the other High Contracting Parties to prohibit or restrict the importation into their territories of Chilian nitrate of soda, principally employed in agriculture.

(b) That, in the Chilian Government's opinion, the Convention affects neither the tariff system nor the treaty making methods of the participating countries, nor the measures taken to ensure their application, including the measures intended to counteract the effects of dumping.

 

E. VILLEGAS 14-VI-28
[Subject to reservation as regards Greenland.]	DENMARK
J. CLAN
8-XI-27
SADIK E. HENEIN	EGYPT
8-XI-27
C. R. PUSTA	ESTONIA
RAFAEL ERICH	FINLAND
8-XI-27
	FRANCE

 

[On signing the present Convention, France declares that by its acceptance it does not intend to assume any obligation in regard to any of its Colonies, Protectorates and territories under its suzerainty or mandate.]

D. SERRUYS
8-XI-27
BARANYAI ZOLTAN	HUNGARY
A. DI NOLA	ITALY
8-XI-27
	JAPAN

 

[In signing the International Convention for the Abolition of Import and Export Prohibitions and Restrictions, we the undersigned, declare that, the provisions of Article 8 of the present Convention are in no way derogatory to the acts of the Japanese judicial authorities in the application of Japanese laws and decrees.]

N. ITO
J. TSUSHIMA
CHARLES DUZMANS	LATVIA
31-I-28
ALBERT CALMES	LUXEMBURG
8-XI-27
GEORG WETTSTEIN	NORWAY
31-I-28
POSTHUMA DE GRAAFF F. M. WIBAUT	THE NETHERLANDS
8-XI-27
F. SOKAL	POLAND,
8-XI-27
FRANCISCO DE CALHEIROS E MEINEZES	PORTUGAL
31-I-28
D. J. GHEORGHIU CÉSAR POPESCU	ROUMANIA

 

[Subject to ratification by the Roumanian Goverment and Parliament.]

8-XI-27
CONST. FOTITCH	KINGDOM OF THE SERBS, CROATS AND SLOVENES
CHAROON	SIAM
8-XI-27
EINAR HENNINGS	SWEDEN
2-XII-27
W. STUCKI	SWITZERLAND
8-XI-27
Dr. IBL	CZECHOSLOVAKIA
8-XI-27
M. KEMAL	TURKEY
14-V-28

 

Certified true copy.

For the Secretary-General:

The Legal Adviser of the Secretariat.

J. A. BUERO m. p.

 

Protocol to the Convention.

At the moment of signing the Convention of to-days date for the Abolition of Import and Export Prohibitions arid Restrictions, the undersigned, duly authorised, have agreed on the following provisions, which are intended to ensure the application of the Convention:

Section I.

ad Article 1.

a) The words "territories of the High Contracting Parties" employed in the-Convention refer only to territories to which it is made applicable.

b) Should the Customs territory of any High Contracting Party include territories which are not placed under his sovereignty, these territories are also to be regarded as "territories" within the meaning of the Convention.

c) In view of the fact that within or immediately adjacent to the territory of India there are areas or enclaves, small in extend and population in comparison with such territory, and that these areas or enclaves farm detached portions or settlements of other parent States, and that it is impracticable for administrative reasons to apply to them the provisions of the Convention, it is agreed that these provisions shall not apply to them.

India, however, will apply as regards the areas or enclaves in question a regime which will respect the principles of the Convention and facilitate imports and exports as far as practicable, and will refrain from imposing in regard to the many new measures of prohibition or restriction which would not be authorised by the provisions of the Convention, unless there should be no other means of ensuring the collection of customs arid excise duties.

Section II.

ad Article 2.

As regards the application of Article 2, the obligation accepted by Canada binds only the Federal Government and not the Province Governments, which, under the Constitution possess the power of prohibiting or restricting the importation and exportation of certain products into or from their territories.

Section III.

ad Article 4.

a) ad No. 1.

The protection of animals and plants ago disease also refers to measures taken to preserve them from degeneration or extinct and to measures taken against harmful seed plants, parasites and animals.

b) ad No. 7.

The High Contracting Parties, although they have refrained from making any reference to measures relating to, "standard" products, and definitions of products, declare that this paragraph must be interpreted as in way interfering with the practice followed by certain countries, of subjecting the exportation of their products to certain conditions as quality with the object of preserving the reputation of those products and at the same time of offering a guarantee to the foreign purchaser. They declare, on the other ha that they interpret the paragraph in question as prohibiting recourse to any system of classifying or defining products which is employed as an inderect means of restricting the importation of foreign products or of subjecting importation to a regime of unfair discrimination.

c) ad No. 7.

The High Contracting Parties declare that prohibitions or restrictions the sole object which is either to prevent imported goods from escaping the payment of the custom duties applicable thereto, or in exceptional cases to prevent the importation of certain goods which would reduce the revenue from the duties imposed on certain other good, may only be established or maintained, if no other effective means exist of securing the said revenue.

d) ad No. 7.

The High Contracting Parties declare that if, on account of the constitution of certain States and the different methods of internal control which they employ, it should prove impossible to secure complete similarity of treaty meat between native and imparted products, any such difference in treatment must not have the object or effect of establishing an unfair discrimination against the latter.

e) ad No. 8.

The High Contracting Parties declare that they have solely in view monopolies each of which applies only to one or more specific articles.

Section IV.

ad Article 6.

a) ad No. 1.

The High Contracting Parties who have made the reservations referred to in paragraph 1 of Article 6 declare that they do not regard their acceptance of the provisions of Article 18, paragraph 3, as an undertaking on their part that the circumstances which compelled them to make these reservations will have ceased to exist at the end of three years, but as entitling any High Contracting Party to resume his freedom of action if, in the event of these circumstances not having changed within the said period, he considered that his economic conditions were detrimentally affected by the maintenance of any of the prohibition or restrictions to which the aforesaid reservations refer.

b) ad No. 2

By allowing the exceptions referred to in Article 6, paragraph 2, the High Contracting Parties have not intended to give perpetual recognition to their existence, but merely to indicate that the necessity of abolishing these exceptions is not so imperative, in view of their slight importance in international trade.

c) ad No. 2.

The High Contracting Parties declare that, by accepting in the case of Roumania, in consideration of her exceptional situation of fact and of law, the reservation concerning crude oil in accordance with Article 6, paragraph 2, they have not in any way agreed to measures of prohibition or restriction far this product, which they regard as being of very great importance for the world market. The High Contracting Parties feel confident that, as soon as circumstances allow her to do so, Roumania: herself, acting in the spirit of the preceding paragraph b) above, will abolish this prohibition., and, in the meantime, that she will take into account the interests of the neighbouring contracting countries.

The Roumanian Delegation fully associates itself with this declaration.

d) ad No. 4.

i) Scope of the Provision.

As regards paragraph 4, it is understood that any claims for exceptions which may be put forward after the date of present Convention shall refer only to prohibitions or restriction in force on that same date.

ii) Procedure.

1. Any High Contracting Party may make known by a communication addressed to the Secretary-General of the League of Nations any prohibitions or restrictions which he desires to be able to maintain in virtue of paragraphs 1 and 2 of Article 6. Such communication must reach the Secretary-General before February 1st, 1928. It shall state the conditions, if any, on which the High Contracting Party in question would be prepared to abandon such prohibitions or restrictions.

2. As soon as possible after February 1st, 1928, the Secretary-General of the League of Nations shall notify the High Contracting Parties of all applications which he has received under the preceding paragraph.

3. Any High Contracting Party wishing to make observations on any applications so communicated may forward such observations to the Secretary-General of the League of Nations not later than May 1st, 1928. As soon as risible after that date, the Secretary-General will inform the High Contracting Parties of all observations received.

4. Any applications and observations made by the High Contracting Parties shall be examined at the meeting provided for in Article 17 of the Convention.

Section V.

ad Article 7.

The expression "trade of the High Contracting Parties" signifies the trade of their territories to which the Convention applies.

Section VI.

Prohibitions or restrictions applying to prison made goods are not within the scope of the Convention.

Section VII.

Should any prohibitions or restrictions be imposed within the limits laid dawn by the Convention, the High Contracting Parties shall strictly adhere to the following provisions as regards licences

a) The conditions to be fulfilled and the formalities to be observed in order to obtain licence shall be brought immediately in the clearest and most definite form to the notice of the public;

b) The method of issue of the certificates of licences shall be as simple and stable as possible;

c) The examination of applications and the issue of licences to the applicants shall be carried out with the least possible delay;

d) The system or issuing licences shall be such as to prevent the traffic in licences. With this object, licences, when issued to individuals shall state the name of the holder and shall not be capable of being used by any other person.

As regards the allocation of quotas, the High Contracting Parties, without pronouncing upon the method to be adopted, consider that an equitable allocation of such quotas is one of the essential conditions for the equitable treatment of international trade.

In faith whereof the Plenipotentiaries have signed the present Protocol.

Done at Geneva the eighth day of November, one thousand nine hundred and twenty seven, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations, and of which authenticated copies shall be delivered to all Members of the League of Nations and non - Member States represented at the Conference.

Dr. TRENDELENBURG	GERMANY
HUGH R. WILSON	UNITED STATES OF AMERICA
E. PFLÜGL	AUSTRIA
J. BRUNET F. VAN LANGENHOVE	BELGIUM
	GREAT BRITAIN AND NORTHERN IRELAND, and those Parts of the British Empire which are not separate Members of the League of Nations.

 

I declare that my signature does not include any of His Britannic Majesty's colonies, protectorates or territories under suzerainty or mandate.

S. J. CHAPMAN
	INDIA

 

Under the terms of Article 10 of the Convention I declare that my signature does not include the territories in India of any Prince or Chief under Suzerainty of His Majesty.

ATUL C. CHATTERJEE
Prof. GEORGES DANAILLOW	BULGARIA
E. VILLEGAS	CHILE
	DENMARK
Subject to reservation as regards Greenland.
J. CLAN
SADIK. E. HENEIN	EGYPT
C. R. PUSTA	ESTONIA
RAFAEL ERICH	FINLAND
	FRANCE
Subject to the reservations made in signing the Convention.
D.SERRUYS
BARANYAI ZOLTAN	HUNGARY
A. DI NOLA	ITALY
	JAPAN
Subject to the reservations made on signing the Convention.
N. ITO
J. TSUSHIMA
CHARLES DUZMANS	LATVIA
ALBERT CALMES	LUXEMBURG
GEORG WETTSTEIN	NORWAY
POSTHUMA DE GRAAFF F. M. WIBAUT	THE NETHERLANDS
F. SOKAL	POLAND
FRANCISCO DE CALHEIROS E MENEZES	PORTUGAL
D. J. GHEORGHIN CSAR POPESCU	ROUMANIA
Subject to ratifikation by the Roumanian Government and Parliament.
CONST. FOTITCH	KINGDOM OF THE SERBES, CROATS AND SLOVENES
CHAROON	SIAM
EINAR HENNINGS	SWEDEN
W. STUCKI	SWITZERLAND
Dr. IBL	CZECHOSLOVAKIA
M. KEMAL	TURKEY

 

Certified true copy.

For the Secretary-General:

J. A. BUERO m. p.

Legal Adviser of the Secretariat.