APPENDIX III
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Drug Abuse
APPENDIX III
Second Opium Conference
Convention—Protocol—Final Act
Signed at Geneva on February 19th, 1925
Convention
Taking note of the fact that the application of the provisions of the Hague Convention of January 23rd, 1912, by the Contracting Parties has produced results of great value, but that the contraband trade in and abuse of the sub-stances to which the Convention applies still continue on a great scale;
Convinced that the contraband trade in and abuse of these substances eannot be effectually suppressed except by bringing about a more effective limitation of the production or manufacture of the substances, and by exercising a closer control and supervision of the international trade, than are provided for in the said Convention;
Decirous therefore of taking further measures to carry out the objects aimed at by the said Convention and to complete and strengthen its provisions:
Realising that such limitation and control require the close co-operation of all the Contracting Parties;
Confident that this humanitarian effort will meet with the unanimous adhesion of the nations concerned;
Have decided to conclude a Convention for this purpose.
The High Contracting Parties have accordingly appointed as their Plenipo-tentiaries:
(Here follow the names of heads of States and their Plenipotentiaries) who, after communicating their full powers, found in good and due form, have agreed as follows:
CHAPTER I.—Definitions
Article 1
The Contracting Parties agree to adopt the following definitions for the pur-poses of the present Convention:
Raw Opium—"Raw opium" means the spontaneously coagulated juice ob-tained from the capsules of the Papaver somniferum L., which has only been submitted to the necessary manipulations for packing and transport, whatever its content of morphine.
Medicinal Opium—"Medicinal opium" means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the national pharmacopoeia, whether in powder form or granu-rated or otherwise or mixed with neutral materials.
Morphine--"Morphine" means the principal alkaloid of opium having the chemical formula C.711i2NO2.
Diacetylmorphine--"Diacetylmorphine" means diacetylmorphine (diamorphine, heroin) having the formula COLN°,
Coca Leaf—"Coca leaf" means the leaf of the Erythroxylon Coca Lamarck and the Erythroxylon novo-granatense (Morris) Hieronymus and their varieties, belonging to the family of Erythoxylaceae and the leaf of other species of this genus from which it may be found possible to extract cocaine either directly or by chemical transformation.
Crude Cocaine—"Crude cocaine" means any extract of the coca leaf which can be used directly or indirectly for the manufacture of cocaine.
Cocaine--"Cocaine" means methyl-benzoyl laevo-ecgonine ((al D20° — 16'4) in 20 per cent solution of chloroform, of which the formula is C221122N04.
Ecgonine--"Ecogonine" means laevo-ecgonine (I Al D20°= —45°6 in 5 per cent solution of water), of which the formula C21122NO3. H20, and all the deriva-tives of laevo-ecgonine which might serve industrially for its recovery.
Indian Hemp--"Indian hemp" means the dried flowering or fruiting tops of the pistillate plant Cannabis sativa L. from which the resin has not been ex-tracted, under whatever name they may be designated in commerce.
CHAPTER IL—Internal Control of Raw Opium and Coca Leaves
Article 2
The Contracting Parties undertake to enact laws and regulations to ensure the effective control .of the production, distribution and export of raw opium, unless laws and regulations on the subject are already in existence; they also undertake to review periodically, and to strengthen as required, the laws. and regulations on the subject which they have enacted in virtue of Article I of the Hague Convention of 1912 or of the present Convention.
Article 3
Due regard being had to the differences in their commercial conditions, the Contracting Parties shall limit the number of towns, ports or other localities through which the export or import of raw opium or coca leaves shall be permitted.
CHAPTER III.—Internal Control of Manufactured Drugs
Article 4
The provisions of the present Chapter apply to the following substances:
(a) Medicinal opium;
(b) Crude cocaine and ecgonine;
(c) Morphine, diacetylmorphine, cocaine and their respective salts;
(d) All preparations officinal and non-officinal (including the so-called anti-opium remedies) containing more than 02 per cent of mor-phine or more than 0.1 per cent of cocaine;
(e) All preparations containing diacetylmorphine;
(f) Galenical preparations (extract and tincture). of Indian hemp;
(g) Any other narcotic drug to which the present Convention may be applied in accordance with Article 10.
Article 5
The Contracting Parties shall enact effective laws or regulations to lirnit exclusively to medical and scientific purposes the manufacture, import, sale, distribution, export and use of the substances to which this Chapter applies. They shall co-operate with one another to prevent the use of these substances for any other purposes.
Article 6
The Contracting Parties shall control all persons manufacturing, importing, selling, distributing or exporting the substances to which this Chapter applies, as well as the buildings in which these persons carry on such industry or trade.
With this object, the Contracting Parties shall:
(a) Confine the manufacture of the substances referred to in Article 4 (b), (c) and (g) to those establishments and premises alone which have been licensed for the purpose.
(b) Require that all persons engaged in the manufacture, import, sale, dis-tribution, or export of the said substances shall obtain a license or permit to engage in these operations;
(c) Require that such persons shall enter in their books the quantities manu-factured, imports, exports, sales and all other distribution of the said substances. This requirement shall not necessarily apply either to supplies dispensed by medical practitioners or to sales by duly authorised chemists on medical prescrip-tions, provided in each case that the medical prescriptions are filed and preserved by the medical practitioner or chemist.
Article 7
The Contracting Parties shall take measures to prohibit, as regards their internal trade, the delivery to or possession by any unauthorised persons of the substances to which this Chapter applies.
Article 8
In the event of the Health Committee of the League of Nations, after having submitted the question for advice and report to the Permanent Committee of the Office international d'Hygiene publique in Paris, finding that any prepara-tion containing any of the narcotic drugs referred to in the present Chapter cannot give rise to the drug habit on account of the medicaments with which the said drugs are compounded and Which in practice preclude the recovery of the said drugs, the Health Committee shall communicate this finding to the Council of the League of Nations. The Council will communicate the finding to the Contracting Parties, and thereupon the provisions of the present Con-vention will not be applicable to the preparation concerned.
Article 9
Any Contracting Party may. authorise the supply to the public by chemists, a t their own discretion, as medicines, for immediate use in urgent cases, of the following opiate official preparations: tincture of opium, Sydenham laudanum and Dover powder. The maximum dose, however, which may be supplied in such cases must not contain more than 25 centigrammes of officinal opium, and the chemist must enter in his books the quantities supplied, as provided in Article 6 (c).
Article 10
In the event of the Health Committee of the League of Nations, after having submitted the question for advice and report to the Permanent Committee of the Office international d'Hygiene publique in Paris, finding that any narcotic drug to which the present Convention does not apply is liable to similar abuse and productive of similar ill-effects as the substances to which this Chapter of the Convention applies, the Health Committee shall inform the Council of the League accordingly and recommend that the provisions of the present Conven-tion shall be applied to such drug.
The Council of the League shall communicate the said recommendation to the Contracting Parties. Any Contracting Party which is prepared to accept the recommendation shall notify the Secretary-General of the League, who will inform the other Contracting Parties.
The provisions of the present Convention shall thereupon apply to the sub-stance in question as between the Contracting Parties who have accepted the recommendation referred to above.
CHAPTER IV.—Indian Hemp
Article 11
1. In addition to the provisions of Chapter V of the present Convention, which shall apply to Indian hemp and the resin prepared from it, the Con-tracting Parties undertake:
(a) To prohibit the export of the resin obtained from Indian hemp and the ordinary preparations of which the resin forms the base (such as hashish, esrar, chiras, djamba) to countries which have prohibited their use, and, in cases where export is permitted, to require the pro-duction of a special import certificate issued by the Government of the importing country statmg that the importation is approved for the purposes specified in the certificate and that the resin or preparations will not be re-exported;
(b) Before issuing an export authorisation under Article 13 of the present Convention, in respect of Indian hemp, to require the produc-tion of a special import certificate issued by the Government of the importing country and stating that the importation is approved and is required exclusively for medical or scientific purposes.
2. The Contracting Parties shall exercise an effective control of such a nature as to prevent the illicit intemational traffic in Indian hemp and especially in the resin.
CHAPTER V.—Control of International Trade
Article 12
Each Contracting Party shall require a separate import authorisation to be obtained for each importation of any of the substances to which the present Convention applies. Such authorisation shall state the quantity to be imported, the name and address of the importer and the name and address of the exporter.
The import authorisation shall specify the period within which the importation must be effected and may allow the importation in more than one consignment.
Article 13
1. Each Contracting Party shall require a separate export authorisation to be obtained for each exportation of any of the substances to which the present Convention applies. Such authorisation shall state the quantity to be exported, the name and address of the exporter and the name and address of the importer.
2. The Contracting Party, before issuing such export authorisation, shall require an import certificate, issued by the Government of the importing country and certifying that the importation is approved, to be produced by the person or establishment applying for the export authorisation.
Each Contracting Party agrees to adopt, so far as possible, the form of import certificate annexed to the present Convention.
3. The export authorisation shall specify the period within which the exporta-tion must be effected, and shall state the number and date of the import certifi-cate and the authority by whom it has been is,sued.
4. A copy of the export authorisation shall accompany the consignment, and the Government issuing the export authorisation shall send a copy to the Gov-ernment of the importing country.
5. The Government of the importing country, when the importation has been effected, or when the period fixed for the importation has expired, shall return the export authorisation, with an endorsement to that effect, to the Government of the exporting country. The endorsement shall specify the amount actually imported.
6. If a less quantity than that specified in the export authorisation is sctually exported, the quantity actually exported shall be noted by the competent authori-ties on the export authorisation and on any official copy thereof.
7. In the case of an application to export a consignment to any country for the purpose of being placed in a bonded warehouse in that country, a special certificate from the Government of that country, certifying that it has approved the introduction of the consignment for the said purpose, may be accepted by the Government of the exporting country in place of the import certificate provided for above. In such a case, the export authorisation shall specify that the consignment is exported for the purpose of being placed in a bonded warehouse.
Article 14
For the purpose of ensuring the full application and enforcement of the pro-visions of the present Convention in free ports and free zones, the Contracting Parties undertake to apply in free ports and free zones situated within their territories the same laws and regulations, and to exercise therein the same supervision and control, in respect of the substances covered by the said Con-vention, as in other parts of their territories.
This Article does not, however, prevent any Contracting Party from applying, in respect of the said substances, more drastic provisions in its free ports and free zones than in other parts of its territories.
Article 15
1. No consignment of any of the substances covered by the present Con-vention which is exported from one country to another country shall be per-mitted to pass through a third country, whether or not it is removed from the ship or conveyance in which it is being conveyed, unless the copy of the export authorisation (or the diversion certificate, if such a certificate has been issued in pursuance of the following paragraph) which accompanies the consign-ment is produced to the competent authorities of that country.
2. The competent authorities of any country through which a consignment of any of the substances covered by the present Convention is permitted to pass shall take all due measures to prevent the diversion of the consignment to a destination other than that named in the copy of the export authorisation (or the diversion certificate) which accompanies it, unless the Government of that country has authorised that diversion by means of a special diversion certificate. A diversion certificate shall only be issued after the receipt of an import certifi-cate, in accordance with Article 13, from the Government of the country to which it is proposed to divert the consignment, and shall contain the same particulars as are required by Article 13 to be stated in an export authorisation, together with the name of the country from which the consignment was originally exported. All the provisions of Article 13 which are applicable to an export authorisation shall be applicable equally to the diversion certificate.
Further, the Government of the country authorising the diversion of the con-signment shall detain the copy of the original export authorisation (or diversion certificate) which accompanied the consignment on arrival in its territory, and shall return it to the Government which issued it, at the same time notifying the name of the country to which the diversion has been authorised.
3. In cases where the transport is being effected by air, the preceding pro-visions of this Article shall not be applicable if the aircraft passes over the territory of the third country without landing. If the aircraft lands in the territory of the said country, the said provisions shall be applied so far as the circumstances permit.
4. Paragraphs 1 to 3 of this Article are without prejudice to the provisions of any international agreement which limits the control which may be exercised by any of the Contracting Parties over the substances to which the present Convention applies when in direct transit.
5. The provisions of this Article shall not apply to transport of the sub-stances by post.
Article 16
A consignment of any of the substances covered by the present Convention which is landed in the territory of any Contracting Party and placed in a bonded warehouse shall not be withdrawn from the bonded warehouse unless an import certificate, issued by the Government of the country of destination and certifying that the importation is approved, is produced to the authorities having jurisdiction over the bonded warehouse. A special authorisation shall be issued by the said authorities in respect of each consignment so withdrawn and shall take the place of the export authorisation for the purpose of Articles 13, 14, and 15 above.
Article 17
No consignment of the substances covered by the present Convention while passing in transit through the territories of any Contracting Party or whilst being stored there in a bonded warehouse may be subjected to any process, which would alter the nature of the substances in question or, without the per-mission of the competent authorities, the packing.
Article 18
If any Contracting Party finds it impossible to apply any provision of this Chapter to trade with another country by reason of the fact that such country is not a party to the present Convention, such Contracting Party will only be bound to apply the provisions of this Chapter so far as the circumstances permit.
CHAPTER VL—Permanent Central Board
Article 19
A Permanent Central Board shall be appointed, within three months from the coming into force of the present Convention.
The Central Board shall consist of eight persons who, by their technical com-petence, impartiality and disinterestedness, will command general confidence.
The members of the Central Board shall be appointed by the Council of the League of Nations.
The United States of America and Germany shall be invited each to nominate one person to participate in these appointments.
In making the appointments, consideration shall be given to the importance of including on the Central Board, in equitable proportion, persons possessing a knowledge of the drug situation, both in the producing and manufacturing countries on the one hand and in the consuming countries on the other hand, and connected with such countries.
The members of the Central Board shall not hold any office which puts them in a position of direct dependence on their Governments.
The members shall be appointed for a term of five years, and they will be eligible for re-appointment.
The Central Board shall elect its own President and shall settle its rules of procedure.
At meetings of the Board, four members shall form a quorum.
The decisions of the Board relative to Articles 24 and 26 shall be taken by an absolute majority of the whole number of the Board.
Article 20
The Council of the League of Nations shall, in consultation with the Board, make the necessary arrangements for the organisation and working of the Board, with the object of assuring the full technical independence of the Board in carrying out its duties under the present Convention, while providing for the control of the staff in administrative matters by the Secretary-General.
The Secretary-General shall appoint the secretary and staff of the Board on the nomination of the Board and subject to the approval of the Council.
Article 21
The Contracting Parties agree to send in annually before December 31st, to the Permanent Central Board set up under Article 19, estimates of the quanti-ties of each of the substances covered by the Convention to be imported into their territory for internal consumption during the following year for medical, scientific and other purposes.
These estimates are not to be regarded as binding on the Government con-cerned, but will be for the purpose of serving as a guide to the Central Board in the discharge of its duties.
Should circumstances make it necessary for any country, in the course of the year, to modify its estimates, the country in question shall communicate the revised figures to the Central Board.
Article 22
1. The Contracting Parties agree to send annually to the Central Board, in a manner to be indicated by the Board, within three (in the case.of paragraph (c) five) months after the end of the year, as complete and accurate statistics as possible relative to the preceding year, showing:
(a) Production of raw opium and coca leaves;
(b) Manufacture of the substances covered by Chapter III, Article 4 (b), (c) and (g) of the present Convention and the raw material used for such manufac-ture. The amount of such substances used for the manufacture of other deriva-tives not covered by the Convention shall be separately stated;
(c) Stocks of the substances covered by Chapters II and III of the present Convention in the hands of wholesalers or held by the Government for con-sumption in the country for other than Government purposes;
(d) Consumption, other than for Government purposes, of the substances cov-ered by Chapters II and III of the present Convention;
(e) Amounts of each of the substances covered by the present Convention which have been confiscated on account of illicit import or export; the manner in which the confiscated substances have been disposed of shall be stated, together with such other information as may be useful in regard to such confiscation and disposal.
The statistics referred to in paragraphs (a) to (e) above shall be communi-cated by the Central Board to the Contracting Parties.
2. The Contracting Parties agree to forward to the Central Board, in a manner to be prescribed by the Board, within four weeks after the end of each period of three months, the statistics of -their imports from and exports to each country of each of the substances covered by the present Convention during the preteding three months. These statistic,s will, in such cases as may be prescribed by the Board, be sent by telegram, except when the quantities fall below a minimum amount which shall be fixed in the case of each substance by the Board.
3. In furnishing the statistics in pursuance of this Article, the Governments shall state separately the amounts imported or purchased for Government pur-poses, in order to enable the amounts required in the country for general medical and scientific purposes to be ascertained. It shall not be within the competence of the Central Board to question or to express any opinion on the amounts imported or purchased for Government purposes or the use thereof.
4. For the purposes of this Article, substances which are held, imported, or pur-chased by the Government for eventual sale are not regarded, as held, imported ot purchased for Government purposes.
Article 23
In order to complete the information of the Board as to the disposal of the world's supply of raw opium, the Governments of the countries where the use of prepared opium is temporarily authorised shall, in a manner to be prescribed by the Board, in addition to the' statistics provided for in Article 22, forward annually to the Board, within three months after the end of the year, as complete and accurate statistics as possible relative to the preceding year showing:
(1) The manufacture of prepared opium, and the raw material used for such manufacture ;
(2) The consumption of prepared opium.
It, is understood that it shall not be within the competence of the Board to question or to express any opinion upon these statistics, and that the provisions of Article 24 are not applicable to the matters dealt with in this Article, except in cases where the Board may find that illicit international transactions are taking place on an appreciable scale.
Article 24
1. The Central Board shall continuously watch the course of the international trade. If the information at its disposal leads the Board to conclude that excessive quantities of any substance covered by the present Convention are accumulating in any country, or that there is a danger of that country becoming a centre of the illicit traffic, the Board shall have the right to ask, through the Secretary-General of the League, for explanations from the country in question.
2. If no explanation is given within a reasonable time or the explanation is unsatisfactory, the Central Board shall have the right to call the attention of the Governments of all the Contracting Parties and of the Council of the League of Nations to the matter, and to recommend that no further exports of the substances covered by the present Convention or any of them shall be made to the country concerned until the Board reports that it is satisfied as to the situation in that country in regard to the said substances. The Board shall at the same time notify the Government of the country concerned of the recom-mendation made by it.
3. The country concerned shall be entitled to bring the matter before the Council of the League.
4. The Government of any exporting country which is not prepared to act on the recommendation of the Central Board shall also be entitled to bring the matter before the Council of the League.
If it does not do so, it shall immediately inform the Board that it is not pre-pared to act on the recommendation, explaining, if possible, why it is not pre-pared to do so.
5. The Central Board shall have the right to publish a report on the matter and communicate it to the Council, which shall thereupon forward it to the Governments of all the Contracting Parties.
6. If in any case the decision of the Central Board is not unanimous, the views of the minority shall also be stated.
7. Any country shall be invited to be represented at a meeting of the Central Board at which a question directly interesting it is considered.
Article 25
It shall be the friendly right of any of the Contracting Parties to draw the attention of the Board to any matter which appears to it to require investigation, provided that this Article shall not be construed as in any way extending the powers of the Board.
Article 26
In the case of a country which is not a party to the present Conventicn, the Central Board may take the same measures as are specified in Article 24, if the information at the disposal of the Board leads it to conclude that there is a danger of the country becoming a centre of the illicit traffic; in that case the Board shall take the action indicated in the said Artiele as regards notification to the country concerned.
Paragraphs 3, 4 and 7 of Article 24 shall apply in any such ease.
Article 27
The Central Board shall present an annual report on its work to the Council of the League. This report shall be published and communicated to all Con-tracting Parties.
The Central Board shall take all necessary measures to ensure that the esti-mates, statistics, information and explanations which it receives under Articles 21, 22, 23, 24, 25, or 26 of the present Convention shall not be made public in such a manner as to facilitate the operations of speculators or injure the legiti-mate commerce of any Contracting Party.
CHAPTER VIL—General Provisions
Article 28
Each of the Contracting Parties agrees that breaches of its laws or regulations by which the provisions of the present Convention are enforced shall be punish-able by adequate penalties, including in appropriate cases the confiscation of the substances concerned.
Article 29
The Contracting Parties will examine in the most favourable spirit the possi-bility of taking legislative measures to render punishable acts committed within their jurisdiction for the purpose of procuring or assisting the commission in any place outside their jurisdiction of any act which constitutes an offence against the laws of that place relating to the matters dealt with in the present Convention.
Article 30
The Contracting Parties shall communicate to one another, through the Secre-tary-General of the League of Nations, their existing laws and regulations, respecting the matters referred to in the present Convention, so far as this has not already been done, as well as those promulgated in order to give effect to the said Convention,
Article 31
The present Convention replaces, as between the Contracting Parties, the pro-visions of Chapters I, III and V of the Convention signed at The Hague on January 23rd, 1912, which provisions remain in force as between the Contracting Parties and any States PartieS to the said Convention which are not Parties to the present Convention.
Article 32
1. In order as far as possible to settle in a friendly manner disputes arising between the Contracting Parties in regard to the interpretation or application of the present Convention which they have not been able to settle through diplomatic channels, the parties to such a dispute may, before resorting to any proceedings for judicial settlement or arbitration, subtait the dispute for an advisory opinion to such technical body as the Council of the League of Nations may appoint for this purpose.
2. The advisory opinion shall be given within six months commencing from the day on which the dispute has been submitted to the technical body, unless this period is prolonged by mutual agreement between the parties to the dispute. The technical body shall fix the period within which the parties are to decide whether they will accept the advisory opinion given by it.
3. Tile advisory opinion shall not be binding upon the parties to the dispute unless it is accepted by each of them.
4. Disputes which it has not been found possible to settle either directly or on the basis of the advice of the above-mentioned technical body shall, at the request of any one of the parties thereto, be brought before the Permanent Court of International Justice, unless a settlement is attained by way of arbitration or otherwise by application of some existing convention or in virtue of an arrange-ment specially concluded.
5. Proceedings shall be opened before the Permanent Court of International Justice in the manner laid down in Article 40 of the Statute of the Court.
6. A decision of the parties to a dispute to submit it for an advisory opinion to the technical body appointed by the Council of the League of Nations, or to resort to arbitration, shall be communicated to the Secretary-General of the League of Nations and by him to the other Contracting Parties, which shall have the right to intervene in the proceedings.
7. The parties to a dispute shall bring before the Permanent Court of Inter-national Justice any question of international law or question as to the interpre-tation of the present Convention arising during proceedings before the technical body or arbitral tribunal, decision of which by the Court is, on the demand of one of the parties, declared by the technical body or arbitral tribunal to be necessary for the settlement of the dispute.
Article 33
The present Convention, of which the French and English texts are both authentic, shall bear to-day's date and shall be open for signature until the 30th day of September, 1925, by any State represented at the Conference at which the present Convention was drawn up, by any Member of the League of Nations, and by any State to which the Council of the League of Nations shall have communicated a copy of the Convention for this purpose.
Article 34
The present Convention, is subject to ratification. The instruments of ratifica-tion shall be deposited with the Secretary-General of the League of Nations, who shall notify their receipt to the Members of the League which are signa-tories of the Convention and to the other signatory States.
Article 35
After the 30th day of September, 1925, the present Convention may be acceded to by any State represented at the Conference at which this Convention was drawn up and which has not signed .the Convention, by any Member of the League of Nations, or by any State to which the Council of the League of Nations shall have communicated a copy of the Convention for this purpose.
Accession shall be effected by an instrument communicated to the Secretary-G eneral of the League of Nations to be deposited in the archives of the Secre-tariat. The Secretary-General shall at once notify such deposit to all the Mem-bers of the League of Nations signatories of the Convention and to the other signatory States.
Article 36
The present Convention shall not come into force until it has been ratified by ten Powers, including seven of the States by which the Central Board is to be appointed in pursuance of Article 19, of which at least two must be permanent Members of the Council of the League. The date of its coming into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations of the last of the necessary ratifications. Thereafter, the present Convention will take effect in the case of each Party ninety days after the receipt of its ratification or of the notification of its accession.
In compliance with the provisions of Article 18 of the Covenant of the League of Nations, the Secretary-General will register the present Convention upon the day of its coming into force.
Article 37
A special record shall be kept by the Secretary-General of the League of Nations showing which of the Parties have signed, ratified, acceded to or de-nounced the present Convention. This record shall be open to the Contracting Parties and the Members of the League at all times; it shall be published as. often as possible, in accordance with the directions of the Council.
Article 38
The present Convention may be denounced by an instrument in writing addressed to the Secretary-General of the League of Nations. The denuncia-tion shall become effective one year after the date of the receipt of the instru-ment of denunciation by the Secretary-General, and shall operate only in respect of the Contracting Party which makes it.
The Secretary-General of the League of Nations shall notify the receipt of any such denunciations to all Members of the League of Nations signatories of or adherents to the Convention and to the other signatory or adherent States.
Article 39
Any State signing or acceding to the present Convention may declare, at the moment either of its signature, ratification or accession, that its acceptance of the present Convention does not include any or all of its colonies, overseas possession, yotectorates, or overseas territories under its sovereignty or authority, or in respect of which it has accepted a mandate on behalf of the League of Nations, and may subsequently accede, 'in conformity with the provisions of Article 35, on behalf of any such colony, overseas possession, protectorate or territory excluded by such declaration.
Denunciation may also be made separately in respect of any such colony, overseas possession, protectorate or territory, and the provisions of Article 38 shall apply to any such denunciation.
In faith whereof the above-named Plenipotentiaries have signed the present gonvention.
DONE AT GENEVA, the nineteenth day of February, one thousand nine hundred and twenty-five, in a single copy, which will remain deposited in the archives of the Secretariat of the League of Nations; certified copies will be transmitted to all the States represented at the Conference and to all Members of the League of Nations.
(Here follow signatures)
Protocol
The undersigned, representatives of certain States signatory to the Convention relating to Dangerous Drugs signed this day, duly authorized to that effect;
Taking note of the Protocol. signed the eleventh day of February one thou-sand nine hundred and twenty-five by the representatives of the States signatory to the Agreement signed on the same day relating to the Use of Prepared Opium:
Hereby agree as follows:
The States signatory to the present Protocol, recognising that under Chapter I of the Hague Convention the duty rests upon them of establishing such a control over the production, distribution and exportation of raw opium as would prevent the illicit traffic, agree to take such measures as may be required to prevent completely, within five years from the present date, the smuggling of opium from constituting a serious obstacle to the effect,ive suppression of the use of prepared opium in those territories where such use is temporarily authorised.
The question whether the undertaking referred to in Article I has been com-pletely executed shall be decided, at the end of the said period of five years, by a Commission to be appointed by the Council of the League of Nations.
The present Protocol shall come into force for each of the signatory States at the same time as the Convention relating to Dangerous Drugs signed this day. Articles 33 and 35 of the Convention are applicable to the present Protocol.
In faith whereof the present Protocol was drawn up at Geneva the nineteenth day of February, 1925, in a single copy, which will remain deposited in the archives of the Secretariat of the League of Nations; certified copies will be transmitted to all States represented at the Conference and to all Members of the League of Nations.
(Here follow signatures)
Final Act
The Second International Opium Conference, convoked in accordance with the resolution of the Assembly of the League of Nations dated September 27th, 1923, met on November 17th, 1924, at the Palais des Nations, Geneva.
The resolution of the Assembly was in the following terms:
"The Assembly, having noted with satisfaction that, in accordance with the hope expressed in the fourth resolution adopted by the Assembly in 1922, the Advisory Committee has reported that the information now avail-able makes it possible for the Governments concerned to examine, with a view to the conclusion of an agreement, the question of the limitation of the amounts of morphine, heroin or cocaine and their respective salts to be manufactured; of the limitation of t,he amounts of raw opium and coca leaf to be imported for that purpose and for other medicinal and scientific purposes; and of the limitation of the production of raw opium and the coca leaf for export to the amount required for such medicinal and scientific purposes. requests the Council—as a means of giving effect to the prin-ciples 'submitted by the representatives of the United States of America, and to the policy which the League, on the recommendation of the Advisory Committee, has adopted—to invite the Governments concerned to send representatives with plenipotentiary powers to a conference for this purpose, to be held, if possible, immediately after the conference mentioned in Resolution V.
"The Assembly also suggests, for the consideration of the Council, the advisability of enlarging this conference so as to include all countries which are Members of the League or Parties to the Convention of 1912, with a view to securing their adhesion to the principles that may be embodied in any agreement reached."
The Council of the League nominated as President of the Conference:
His Excellency M. Herluf Zahle, Envoy Extraordinary and Minister Pleni-potentiary of Denmark to Berlin.
The Secretary-General of the League of Nations nominated as Secretary-- General of the Conference; Dame Rachel Crowdy.
The following States participated in the conference, and for this purpose appointed the delegations, whose members are set out below:
(Here follow names of plenipotentiaries)
The Conference held meetings between Novernber 17th, 1924, and February 19th, 1925.
The Conference adopted the Convention relating to Dangerous Drugs which bears today's date.
The Conference also adopted the Protocol bearing today's date.
The Conference also adopted the following resolutions:
The Conference recognises that, to enable the Convention relating to Danger-ous Drugs, signed this day to produce its full effect, it is essential that it should be applied as widely as possible in the colonies, possessions, protectorates and territories mentioned in Article 39 of the Convention. The Conference accordingly expresses the earnest hope that the Governments concerned will take the necessary steps to that end with as little delay as possible, and that the number of such colonies, possessions, protectorates or territories excluded from the operation of the Convention may be reduced to a minimum.
The Conference recommends that each Government should consider the possibility of forbidding the conveyance in any ship sailing under its flag of any consignment of the substances covered by the Convention:
(1) Unless an export authorisation has been issued in respect of such consignment in accordance with the provisions of the Convention, and the consignment is accompanied by an official copy of such authorisation, or of any diversion certificate which may be issued;
(2) To any destination other than the destination mentioned in the export authorisation or diversion certificate.
The Conference recommends that all States should co-operate as closely as possible with one another in the suppression of the illicit traffic, and that they should authorise the competent authorities charged with the administra-tion of the law on the subject to communicate directly with the corresponding authorities in other countries.
IV
The Conference draws attention to the advisability in certain cases of re-quiring dealers who are licensed by the Government to trade in the sub-stances covered by the Convention to deposit or give sureties for a sum of money sufficient to serve as an effective guarantee against their engaging in the illicit traffic.
V
The Conference asks the Council of the League of Nations to examine the suggestion which has been made in the course of its proceedings, in particular by the Persian delegation, that a commission should be appointed to visit certain opium-producing countries, should those countries so desire, for the purpose of ma.king a careful study (in collaboration with the Governments of those countries) of the difficulties connected with the. limitation of the production of opium in those countries and advising as to the measures which could be taken to make it possible to limit the production of opium in those countries to the quantities required for medical and scientific purposes.
VI
The Conference asks the Council of the League of Nations to invite the Health Committee to consider immediately whether it would be expedient to consult the International Health Office regarding the products mentioned in Articles 8 and 10, in order that, if so, a decision concerning preparations which cannot give rise to the drug habit and a recommendation concerning all other drugs which might come under the provisions of the Convention may be notified immediately upon the entry into force of the said Convention.
VII
The Conference requests the Council of the League of Nations to decide to include in the expenses of the Secretariat the expenses of the Central Board and its administrative services.
It is understood that those Contracting Parties which are not Members of the League will bear their share of the expenses in accordance with a scale to be drawn up by agreement with the Council.
At the moment of signing the present Act, the delegate of Persia made the following declaration
"The Persian Delegate, acting on instructions from his Government, declares that he signs the Convention ad referendum and subject to the League of Nations acceding to Persia's request ItS set forth in its memo-randum."
At the moment of signing the present Act, the delegate of Siam made the following declaration:
"In signing the Convention and the present Final Act, the Siamese delegation wishes to declare that, having no instructions on the subject of Indian hemp, which was not originally on the agenda of the Confer-ence, the Siamese delegation is obliged to make reservation of Chapter
III in regard to galenical preparations of Indian hemp and of Chapters
IV and V solely in regard to Indian hemp."
In faith whereof the delegates have signed the present Act.
DONE AT GENEVA, the nineteenth day of February, one thousand nine hundred and twenty-five, 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 States represented at the Conference.
(Here follow the signatures)
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