APPENDIX IX

RESOLUTIONS OF THE ADVISORY COMMITTEE ON TRAFFIC IN OPIUM ADOPTED AT THE FIFTH SESSION, MAY 24-JUNE 7, 19231

1. I. The Advisory Committee on Traffic in Opium accepts and recommends to the League of Nations the proposals of the United States representatives as embodying the general principles by which the Governments should be guided in dealing with the question of the abuse of dangerous drugs and on which, in fact, the International Convention of 1912 is based, subject to the fact that the following reservation has been made by the representatives of the Governments of France, Germany, Great Britain, Japan, the Netherlands, Portugal and Siam:

"The use of prepared opium and the production, export and import of raw opium for that purpose are legitimate so long as that use is subject to and in accordance with the provisions of Chap. II of the convention." II. The Advisory Committee, appreciating the great value of the cooperation of the Government of the United States of America in the efforts which the League has for the past two years been making to deal with the question of the abuse of dangerous drugs, expresses the belief that all the Governments concerned will be desirous of cooperating with that Government in giving the fullest possible effect to the convention. III. In bringing the American proposals to the notice of the Council and the Assembly, the Advisory Committee would recall that, during the two years that have elapsed since the convention came into operation, it has worked toward the same ends by: (1) taking all possible steps to secure the adhesion of all countries to the convention; (2) investigating the question of the world's needs of the manufactured drugs for medicinal and scientific uses with a view to the eventual limitation of the production of these drugs; (3) recommending the system of import certificates, arranging the exchange between States of information in regard to the illicit traffic in the drugs, and proposing other measures for securing international cooperation in suppressing that traffic; (4) inviting the powers with territories in the Far East to review their requirements of opium, and submitting proposals for an investigation by the Chinese Government of the conditions in China, with a view to the more effective application of Chap. II of the convention and the solution of the problem of the use of prepared opium in the Far East; (5) collecting and publishing information as to the measures taken to give effect to 1Minutes, Fifth Session (C. 418. M. 184. 1923. XI), p. 208.

the convention and the position generally in all countries in regard to the traffic, with a view to securing the enforcement of the convention. IV. As a means of giving effect to the principles submitted by the representatives of the United States and the policy which the League, on the recommendation of the Committee, has adopted, and having regard to the information now available, the Advisory Committee recommends to the Council the advisability of inviting:

(a) The Governments of the States in which morphine, heroin, or cocaine, and their respective salts are manufactured and the Governments of the States in which raw opium or the coca leaf are produced for export for the purpose of such manufacture;

(b) The Governments having territories in which the use of prepared opium is temporarily continued under the provisions of Chap. II of the convention and the Government of the Republic of China,

to enter into immediate negotiations (by nominating representatives to form a committee or committees, or otherwise) to consider whether, with a view to giving the fullest possible effect to the Convention of 1912, agreements could not now be reached between them:

(a) as to a limitation of the amounts of morphine, heroin or cocaine and their respective salts to be manufactured; as to a limitation of the amounts of raw opium and the coca leaf to be imported for that purpose and for other medicinal and scientific purposes; and as to a limitation of the production of raw opium and the coca leaf for export to the amount required for such medicinal and scientific purposes. The latter limitation is not to be deemed to apply to the production and export of raw opium for the purpose of smoking in those territories where that practice is temporarily continued under the provisions of Chap. II of the convention;

(b) as to a reduction of the amount of raw opium to be imported for the purpose of smoking in those territories where it is temporarily continued, and as to the measures which should be taken by the Government of the Republic of China to bring about a suppression of the illegal production and use of opium in China.

Reservation by the representative of the Government of India

The representative of the Government of India associates himself with the foregoing resolution, subject to the following reservation regarding paragraph 1:

"The use of raw opium, according to the established practice in India, and its production for such use, are not illegitimate under the convention."

2. The Advisory Committee, having regard to the large amount of detailed information now available, recommends the Council to invite the powers with Far Eastern territories where the use of opium for smoking is temporarily continued in pursuance of Chap. II of the Opium Convention, to enter into immediate negotiations, by means of calling a special conference of representatives of these Governments, or otherwise, to consider what measures could be taken to give a more effective application to Chap. II of the convention and to bring about a reduction of the amount of opium used, and whether, on the lines of the suggestions set out below or on other lines, an agreement or understanding could not now be reached for the adoption of a uniform policy on the matter:

I. That the farm system, where it is still in operation, should be abolished and that the opium business should be made a Government monopoly and kept entirely in the hands of the Government.

II. As a corollary of paragraph I, that the retail sale of prepared opium should be made only from Government shops, and that all private shops should be abolished. Persons in charge of Government shops should be paid a fixed salary without any commission on the amount of business done, and therefore would have no temptation to push the sales. III. That a uniform maximum limit should be fixed for the amount of prepared opium placed on sale for consumption, calculated according to the number of the adult Chinese male population, e.g., x taels per 10,000 adult Chinese males in the territory, and that the annual imports of raw opium should be limited to the amount required for that rate of consumption.

IV. That the possibilities of the system of registration and licensing, which has already been introduced in some of the Far Eastern territories, should be thoroughly explored.

V. That the possibility should be considered of making uniform, so far as circumstances permit:

(a) the price at which prepared opium is retailed in the different territories, and

(b) the penalties for infraction of the law in regard to the import, export, sale and use of prepared opium.

VI. That the interested powers, that is, the powers having territories in the Far East where the consumption of prepared opium is still permitted, should conclude an agreement among themselves to apply the foregoing measures for the purpose of carrying out Chap. II of the convention.

VII. That the position should be generally reviewed periodically by the powers interested and the question of further reducing the maximum limit fixed in the agreement should be considered.

3. The Advisory Committee asks the Council to request the Governments to communicate their views as to the possibility of a total suppression of the manufacture of heroin or of its limitation to the minimum amount required.

4. The Advisory Committee, being convinced of the great value of the information contained in the annual reports which each Government has been requested to transmit to the Secretariat, once more recommends the Council to urge on the Governments the importance of sending regularly to the Secretariat such reports, which should contain the fullest possible information, both with regard to the production of and the traffic in opium and other narcotics.

5. The Advisory Committee recommends the Council to draw the attention of the Governments to the extreme desirability not only of direct communication to other immediately interested Governments of the details of any seizures made, but also of a general communication to the Secretariat of the League of Nations of all important seizures in order that the fullest international publicity may be secured by the transmission, with the consent of the Governments concerned, of this information by the Secretariat both to other Governments not immediately concerned in the specific case and to the press.

6. The Advisory Committee recommends that the statement prepared by the Secretariat for the Subcommittee on Customs Statistics, together with the memorandum prepared by Sir Malcolm Delevingne on the position of bonded warehouses in regard to the traffic in narcotics, should be communicated to the Governments with a request for their observations.

7. The Advisory Committee, considering that the infliction of severe penalties on persons engaged in the illicit traffic in narcotics is one of the best means of preventing the spread of that traffic, recommends the increase of penalties in certain countries, the adoption of the penalty of imprisonment, and, if possible, of prohibition of residence (interdiction de séjour), a very strict application of the penalties laid down, and the introduction of clauses providing for the punishment of infractions committed in foreign countries.

APPENDIX X

RESOLUTIONS OF THE FOURTH ASSEMBLY,

SEPTEMBER 27, 19231

I. The Assembly expresses its deep appreciation of the very valuable work done by the Advisory Committee on Traffic in Opium and other Dangerous Drugs, adopts its report and resolutions, taking note of the reservations contained therein, and asks the Council to take the necessary steps to put these resolutions into effect.

II. The Assembly, in view of Turkey having agreed, by the treaty of Lausanne, to adopt and to enforce the International Opium Convention of 1912, and in view of its importance as an opium-producing country, expresses the wish that the Turkish Government-on its ratification of the convention and signature of the final protocol of 1914-be invited to nominate a representative to serve on the Advisory Committee.

III. The Assembly asks the Council to repeat its request to the Governments of Albania, Argentine, Colombia, Costa Rica, Lithuania, Paraguay, Persia and Switzerland, that they should take all possible measures with a view to the prompt ratification and application of the Opium Convention. IV. The Assembly, taking note with regret of the fact that a number of countries have not yet adopted the import certificate system as recommended by the Assembly in 1921 and 1922, reiterates the opinion expressed by the Assembly in 1922 that this system is the most practical method yet suggested for controlling the import and export of the drugs in accordance with the provisions of the International Opium Convention and that its success depends on its adoption by all countries engaged in importing or exporting the drugs; and in view of the serious difficulties created by the nonadoption, up to the present, of the system by several important countries, requests that the Advisory Committee may be instructed to proceed with the consideration of the suggestion contained in the second resolution adopted by the Assembly in 1922, and to report specially to the next Assembly on the whole situation.

V. The Assembly approves the proposal of the Advisory Committee that the Governments concerned should be invited immediately to enter into negotiations with a view to the conclusion of an agreement as to the measures for giving effective application in the Far Eastern territories to Part II of the convention and as to a reduction of the amount of raw opium to be imported for the purpose of smoking in those terri

'Resolutions and Recommendations adopted by the Assembly during its Fourth Session (September 3–29, 1923). Official Journal, Spec. Sup. No. 11, p. 22.