711.199/3b

The Secretary of State to the Panaman Minister (Alfaro)

WASHINGTON, June 6, 1924.

SIR: I have the honor to confirm to you the understanding developed in the conversations that took place during the negotiation of the treaty signed by us today to aid in the prevention of the smuggling of intoxicating liquors into the United States, that the signing of this treaty will in no wise affect the inclusion in the treaty now under negotiation to take the place of the Taft Agreement of an article in the terms of Exhibit 8 of the American Commissioners reading as follows:

It is agreed that no penalty or forfeiture under the laws of the United States shall be applicable or attach to alcoholic liquors or to vehicles or persons by reason of the carriage of such liquors when they are transported under seal and under certificate by Panaman authority from the terminal ports of the Canal to the cities of Panama and Colon and between those cities and any other point of the Republic and between any two points of the territory of the Republic when in either case the direct or natural means of communication is through Canal Zone territory and provided that such liquors remain under said seal and certificate while they are passing through Canal Zone territory.

Accept [etc.]

CHARLES E. HUGHES

711.199/6

The Panaman Minister (Alfaro) to the Secretary of State

No. D. 360

[Translation]

WASHINGTON, July 7, 1924. MR. SECRETARY: I have the honor to inform Your Excellency that my Government informs me that it has received a copy of the treaty signed by Your Excellency and by me to prevent the smuggling of alcoholic beverages in the United States of America. I have also received the note sent by Your Excellency to this Legation about the explanation offered by Your Excellency that the treaty does not in any way interfere with the insertion of the clause already agreed on in the new treaty to take the place of the Taft Agreement concerning the enforcement of the Volstead law in the Canal Zone. My Government also informs me that as soon as the National Assembly meets again the treaty will be referred to it for its approval.

I avail myself [etc.]

R. J. ALFARO

857H.01/211⁄2

France, June 30, 1924

Memorandum by the Secretary of State of a Conversation with the French Ambassador (Jusserand), June 21, 1924

[Extract]

The Ambassador submitted a draft of a treaty to prevent the smuggling of intoxicating liquors. He said that the French Government preferred Article I as it had appeared in the treaties with Norway, Sweden and Italy. The Secretary said that that was satisfactory. The Ambassador said that his Government proposed a modification in order to make more efficacious the provision for an agreement under Article IV, that is, it was proposed to insert a line to the effect that if the two persons selected to make the inquiry failed to agree there should be one other step before it went to the Permanent Court at the Hague, that is, that the two Governments should choose a third arbitrator and should go to the Hague if they were unable to agree upon a choice. The Secretary said that he would give the matter consideration.65

Treaty Series No. 755

Convention between the United States of America and France, Signed at Washington, June 30, 1924 66

The President of the United States of America and the President of the French Republic being desirous of avoiding any difficulties which might arise between them in connection with the laws in force in the United States on the subject of alcoholic beverages have decided to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries:

The President of the United States of America: Mr. Charles Evans Hughes, Secretary of State of the United States; and

The President of the French Republic: Mr. J. J. Jusserand, Ambassador of the French Republic to the United States;

Who, having communicated their full powers found in good and due form, have agreed as follows:

ARTICLE I

The High Contracting Parties respectively retain their rights and claims, without prejudice by reason of this agreement, with respect to the extent of their territorial jurisdiction.

The modification proposed was made in the treaty as signed.

** In English and French; French text not printed. Ratification advised by the Senate, Dec. 12, 1924; ratified by the President, Dec. 30, 1924; ratified by France, Mar. 1, 1927; ratifications exchanged at Washington, Mar. 12, 1927; proclaimed by the President, Mar. 12, 1927.

ARTICLE II

(1) The President of the French Republic agrees that France will raise no objection to the boarding of private vessels under the French flag outside the limits of territorial waters by the authorities of the United States, its territories or possessions in order that enquiries may be addressed to those on board and an examination be made of the ship's papers for the purpose of ascertaining whether the vessel or those on board are endeavoring to import or have imported alcoholic beverages into the United States, its territories or possessions in violation of the laws there in force. When such enquiries and examination show a reasonable ground for suspicion, a search of the vessel may be effected.

(2) If there is reasonable cause for belief that the vessel has committed or is committing or attempting to commit an offense against the laws of the United States, its territories or possessions prohibiting the importation of alcoholic beverages, the vessel may be seized and taken into a port of the United States, its territories or possessions for adjudication in accordance with such laws.

(3) The rights conferred by this article shall not be exercised at a greater distance from the coast of the United States its territories or possessions than can be traversed in one hour by the vessel suspected of endeavoring to commit the offense. In cases, however, in which the liquor is intended to be conveyed to the United States its territories or possessions by a vessel other than the one boarded and searched, it shall be the speed of such other vessel and not the speed of the vessel boarded, which shall determine the distance from the coast at which the right under this article can be exercised.

ARTICLE III

No penalty or forfeiture under the laws of the United States shall be applicable or attach to alcoholic liquors or to vessels or persons by reason of the carriage of such liquors, when such liquors are listed as sea stores or cargo destined for a port foreign to the United States, its territories or possessions on board French vessels voyaging to or from ports of the United States, or its territories or possessions or passing through the territorial waters thereof, and such carriage shall be as now provided by law with respect to the transit of such liquors through the Panama Canal, provided that such liquors shall be kept under seal continuously while the vessel on which they are carried remains within said territorial waters and that no part of such liquors shall at any time or place be unladen within the United States, its territories or possessions.

ARTICLE IV

Any claim by a French vessel for compensation on the grounds that it has suffered loss or injury through the improper or unreasonable exercise of the rights conferred by Article II of this Treaty or on the ground that it has not been given the benefit of Article III shall be referred for the joint consideration of two persons, one of whom shall be nominated by each of the High Contracting Parties.

Effect shall be given to the recommendations contained in any such joint report. If no joint report can be agreed upon, the claim shall be referred to an umpire selected by the two Governments; should they fail to agree on the choice of that umpire, it shall be referred to the Permanent Court of Arbitration at The Hague described in the Convention for the Pacific Settlement of International Disputes, concluded at The Hague, October 18, 1907. The Arbitral Tribunal shall be constituted in accordance with Article 87 (Chapter IV) and with Article 59 (Chapter III) of the said Convention. The proceedings shall be regulated by so much of Chapter IV of the said Convention and of Chapter III thereof (special regard being had for Articles 70 and 74, but excepting Articles 53 and 54) as the Tribunal may consider to be applicable and to be consistent with the provisions of this agreement. All sums of money which may be awarded by the Tribunal on account of any claim shall be paid within eighteen months after the date of the final award without interest and without deduction, save as hereafter specified. Each Government shall bear its own expenses. The expenses of the Tribunal shall be defrayed by a ratable deduction of the amount of the sums awarded by it, at a rate of five per cent. on such sums, or at such lower rate as may be agreed upon between the two Governments; the deficiency, if any, shall be defrayed in equal moieties by the two Governments.

ARTICLE V

This Treaty shall be subject to ratification and shall remain in force for a period of one year from the date of the exchange of ratifications.

Three months before the expiration of the said period of one year, either of the High Contracting Parties may give notice of its desire to propose modifications in the terms of the Treaty.

If such modifications have not been agreed upon before the expiration of the term of one year mentioned above, the Treaty shall lapse. If no notice is given on either side of the desire to propose modifications, the Treaty shall remain in force for another year, and so on automatically, but subject always in respect of each such period of a year to the right on either side to propose as provided above three

months before its expiration modifications in the Treaty, and to the provision that if such modifications are not agreed upon before the close of the period of one year, the Treaty shall lapse.

ARTICLE VI

In the event that either of the High Contracting Parties shall be prevented either by judicial decision or legislative action from giving full effect to the provisions of the present Treaty the said Treaty shall automatically lapse, and, on such lapse or whenever this Treaty shall cease to be in force, each High Contracting Party shall enjoy all the rights which it would have possessed had this Treaty not been concluded.

The present Convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the French Republic in accordance with the constitutional laws of France; and the ratifications shall be exchanged at Washington as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate in the English and French languages and have thereunto affixed their seals.

Done at the city of Washington this thirtieth day of June, one thousand nine hundred and twenty-four.

[SEAL]

CHARLES EVANS HUGHES [SEAL] JUSSERAND

The Netherlands, August 21, 1924

711.569/16

The Netherland Minister (De Graeff) to the Secretary of State

No. 1595

The Minister of The Netherlands presents his compliments to the Honorable, the Secretary of State and acting upon instructions received from the Minister for Foreign Affairs in The Hague, has the honor to inform him, that the Royal Government having taken cognizance of the draft of a convention to regulate the traffic of alcoholic beverages, proposed to Her by the United States Government, suggests the following modifications in the text of that document.

1. The Royal Government proposes to insert in the first paragraph of the Article 2 the words: "hovering off the coasts of the United States" after the word: "flag", so as to read this paragraph as it was originally drawn up in the draft treaty submitted to the Royal Government by the American Minister at The Hague in November