It shall be certified on such licences that they have been issued in conformity with the provisions of the present Convention.

§ 3. An authorisation to fly the flag of a High Contracting Party may only be granted by the authorities mentioned in paragraph (b) below, and subject to the three following conditions:

(a) The owners must be nationals of the Power whose flag they claim to fly or companies who are nationals under the laws of that Power.

(b) The owners must have furnished proof that they are bona fide owners of real estate in the territory of the authorities to whom the application for a licence is addressed, or have given to such authorities sufficient guarantees for the payment of any fines to which they may become liable.

(c) The owners and the captain of the vessel must have furnished proof that they enjoy a good reputation and, in particular, that they have never been convicted of illicit conveyance of arms or ammunition or implements of war.

§ 4. All native vessels before they are authorised to fly the flag of a High Contracting Party shall have complied with the following regulations for the purpose of their identification at sea:

(a) The initial letters of the port of registration of the native vessel, followed by the vessel's registration number in the serial port numbers, must be incised and painted in white on black ground on both quarters of each vessel in such a position as to be easily distinguishable from a distance.

(b) The net tonnage of the native vessel shall also, if practicable, be incised and painted inside the hull in a conspicuous position.

§ 5. The regulations referred to in Article 24 of the present Convention are as follows:

1. When a warship belonging to one of the High Contracting Parties encounters within the maritime zone but outside territorial waters a presumed native vessel of under 500 tons burden (net tonnage),

(a) Flying the flag of one of the High Contracting Parties, or

(b) Flying no flag,

and the Commanding Officer of the warship has good reason to believe that the said vessel is flying the flag of any High Contracting Party without being entitled to do so, or is illicitly conveying articles covered by Categories I, II, IV and V, he may proceed to stop the vessel in order to verify the nationality of the vessel by examining the document authorising the flying of the flag, but no other document. 2. Any vessel which presents the appearance of native build and rig may be presumed to be a native vessel.

3. For the purpose of verifying the nationality of the suspected vessel, a boat commanded by a commissioned officer in uniform may be sent to visit the vessel after she has been hailed so as to give notice of such intention. The officer sent on board the vessel shall act with all possible consideration and moderation. Before leaving the vessel, the officer shall draw up a proces-verbal in the form and language in use in his own country. This proces-verbal shall state the facts of the case and shall be dated and signed by the officer.

Should there be on board the warship no commissioned officer other than the Commanding Officer, the above prescribed operations may be carried out by a warrant, petty or non-commissioned officer at the discretion of the Commanding Officer.

The captain or master of the vessel visited, as well as the witnesses, shall be invited to sign the proces-verbal and shall have the right to add to it any explanations which they may consider expedient.

4. In the cases referred to in paragraph 1 (a) hereof, unless the right to fly the flag can be established, the vessel may be conducted to the nearest port in the maritime zone where there is a competent authority of the Power whose flag has been flown and shall be handed over to such authority, but if such a port should be at such a distance from the point of detention that the warship would have to leave her station or patrol to escort the detained vessel thereto, the vessel may be taken to the nearest port where there is a competent authority of one of the High Contracting Parties of nationality other than that of the warship and handed over to such authority, and steps shall at once be taken to notify this fact to the competent authority representing the power concerned.

No proceedings shall be taken against the vessel or her crew until the arrival of the representative of the Power whose flag the vessel was flying or without authority from such representative.

Instead of conducting the suspected vessel to a port as laid down above, the Commanding Officer of the detaining warship may hand her over to a warship of the nation whose flag she has flown if the latter consents to take charge of her.

5. The procedure laid down in paragraph 4 may also be followed if, after the verification of the flag and in spite of the voluntary production of the manifest, the Commanding Officer of the warship continues to suspect the vessel of engaging in the illicit conveyance of articles covered by Categories I, II, IV and V.

6. In the cases referred to in paragraph 1 (b) hereof, if it is ascertained, as a result of the visit made on board the vessel that, whereas it flew no flag, it was also not entitled to fly the flag of a recognised State, the vessel may, unless the innocent nature of her cargo can be duly established to the satisfaction of the Commanding Officer of the warship, be conducted to the nearest point in the maritime zone where there is a competent authority of the Power to which the detaining warship belongs, and shall be handed over to such authority.

7. The authority before whom the suspected vessel has been brought shall institute a full enquiry in accordance with the laws and regulations of his country and in conformity with the procedure laid down in paragraph 8 below.

This enquiry shall be carried out in the presence of an officer of the detaining warship.

If, however, the presence of such officer is impracticable owing to the duties upon which the warship is engaged, an affidavit sworn by the Commanding Officer may in special cases be accepted by the authority holding the enquiry in place of the oral evidence of an officer of the warship.

8. (a) In the case of vessels referred to in paragraph 1 (a) above, if it is proved at this enquiry that the flag has been illegally flown, but that the vessel is entitled to fly the flag of a recognised State, she shall, if that State is one of the High Contracting Parties, be handed over to the nearest authority of that State. If such State is not a High Contracting Party, the vessel shall be disposed of by agreement between the State responsible for her detention and the State whose flag she is entitled to fly, and, pending such agreement, shall remain in the custody of the authorities of the nationality of the detaining warship.

(b) If it should be established that the use of the flag by the detained vessel was correct, but that the vessel was engaged in the illicit conveyance of articles covered by Categories I, II, IV and V, those responsible shall be brought before the courts of the State under whose flag the vessel sailed. The vessel herself and her cargo shall remain in charge of the authority conducting the enquiry. The illicit cargo may be destroyed in accordance with laws and regulations drawn up for the purpose.

(c) In the case of vessels referred to in paragraph 1 (b) above, if it be established that the vessel had the right to fly the flag of one of the High Contracting Parties but was engaged in the illicit conveyance of any of the articles covered by Categories I, II, IV and V, the procedure laid down in the preceding paragraph should be followed.

(d) In the case of vessels referred to in paragraph 1 (b) above, if it be established that the vessel was not entitled to fly the flag of any of the High Contracting Parties and was engaged in the illicit conveyance of any of the articles covered by Categories I, II, IV and V, the vessel and all cargo carried in addition to these articles shall be seized by such authorities and disposed of according to the national laws and regulations of the authorities before whom the vessel has been brought. The destruction of this cargo may be ordered according to the same laws and regulations.

(e) If the authority entrusted with the enquiry decides that the detention and diversion of the vessel or other measures imposed upon her were irregular, he shall assess the amount of the compensation which he considers to be due.

9. If the decision and assessment of the said authority are accepted by the detaining officer and the authorities to whom he is subject, the amount awarded shall be paid within six months from the date of the said assessment.

10. If the detaining officer, or the authorities to whom he is subject, contest the decision or the amount of the compensation assessed, the dispute shall be submitted to a Court of Arbitration consisting of one arbitrator appointed by the Government whose flag the vessel was flying, one appointed by the Government of the detaining officer, and an umpire chosen by the two arbitrators thus appointed. The two arbitrators shall be chosen, as far as possible, from among the Diplomatic, Consular or Judicial officers of the High Contracting Parties. These appointments must be made with the least possible delay. Any compensation awarded shall be paid to the persons concerned within six months at most from the date of the award of the court.

11. The Commanding Officer of a warship who may have stopped a vessel flying a foreign flag shall in all cases make a report thereon to his Government, stating the grounds on which he acted. An extract from this report, together

with a copy of the proces-verbal, drawn up by the officer, warrant officer, petty or noncommissioned officer sent on board the vessel detained shall be sent as soon as possible to the Government whose flag the detained vessel was flying and to such of the High Contracting Parties as may have expressed the desire to receive such documents.

99. DRAFT CONVENTION WITH REGARD TO THE SUPERVISION OF THE PRIVATE MANUFACTURE AND PUBLICITY OF THE MANUFACTURE OF ARMS AND AMMUNITION AND OF IMPLEMENTS OF WAR, SEPTEMBER 4, 1929 1

Submitted to the Council by the Special Commission

Preamble

(to be drafted by the Conference).

CATEGORIES.

ARTICLE I.

For the purposes of the present Convention, five categories of arms, ammunition and implements are established:

CATEGORY I.-ARMS, AMMUNITION AND IMPLEMENTS OF WAR EXCLUSIVELY DESIGNED AND INTENDED FOR LAND, SEA OR AERIAL WARFARE.

A.-Arms, ammunition and implements exclusively designed and intended for land, sea or aerial warfare, both those which are or shall be comprised in the armament of the armed forces of a State, and those which have been comprised in such armament, except such arms, ammunition and implements which, though included in the above definition, are covered by other categories.

Such arms, ammunition and implements are comprised in the following twelve headings:

1. Rifles, muskets, carbines.

2. (a) Machine-guns, automatic rifles and machine-pistols of all calibres; (b) Mountings for machine-guns;

(c) Interrupter gears.

3. Projectiles and ammunition for the arms enumerated in Nos. 1 and 2

above.

4. Gun-sighting apparatus, including aerial gun-sights and bomb-sights, and fire-control apparatus.

5. (a) Cannon, long or short, and howitzers, of a calibre less than 5.9 inches (15 cm.);

(b) Cannon, long or short, and howitzers, of a calibre of 5.9 inches (15) cm.) or above;

(c) Mortars of all kinds;

(d) Gun carriages, mountings, recuperators, accessories for mountings. 6. Projectiles and ammunition for the arms enumerated in No. 5 above. 7. Apparatus for the discharge of bombs, torpedoes, depth charges and other kinds of projectiles.

8. (a) Grenades;

(b) Bombs;

(c) Land mines, submarine mines, fixed or floating depth charges;
(d) Torpedoes.

9. Appliances for use with the above arms and apparatus.

12. Arms and ammunition not specified in the above enumeration. B.-Essential and easily recognisable component parts, completely finished, of the articles covered by A above if capable of being utilised only in the assembly or repair of the said articles, or as spare parts.

1 League of Nations. Reduction of Armaments. Supervision of the Private Manufacture and Publicity of the Manufacture of Arms and Ammunition and of Implements of War. Document IX. Disarmament 1929. IX.5. Geneva, September 4, 1929, pp. 6-9.

CATEGORY II.-ARMS AND AMMUNITION CAPABLE OF USE BOTH FOR MILITARY AND OTHER PURPOSES.

A.-1. Revolvers, and self-loading or automatic pistols, and developments of the same, designed for single-handed use or fired from the shoulder, of a calibre greater than 6.5 mm. and length of barrel greater than 10 cm.

2. Fire-arms designed, intended or adapted for non-military purposes, such as sport or personal defence, that will fire cartridges that can be fired from fire-arms in Category I, other rifled fire-arms firing from the shoulder, of a calibre of 6 mm. or above, not included in Category I, with the exception of rifled fire-arms with a "break-down" action.

3. Ammunition for the arms enumerated in the above two headings, with the exception of ammunition covered by Category I.

4. Swords and lances.

B.-Essential and easily recognisable component parts, completely finished, of the articles covered by A above, if capable of being utilised only in the assembly or repair of the said articles, or as spare parts.

CATEGORY III.-VESSELS OF WAR AND THEIR ARMAMENT,

1. Vessels of war of all kinds.

2. Arms, ammunition and implements of war mounted on board vessels of war and forming part of their normal armament.

1. Gunpowder and explosives, except common black gunpowder.

2. Arms and ammunition other than those covered by Categories I and II, such as pistols and revolvers of all models, rifled weapons with a "break-down" action, other rifled fire-arms of a calibre of less than 6 mm. designed for firing from the shoulder, smooth-bore shot-guns, guns with more than one barrel of which at least one barrel is smooth-bore, fire-arms firing rimfire ammunition, muzzle-loading fire-arms.

Remarks.

The delegation of the United States of America reserved the right to propose for incorporation in the final text of the Convention a statement limiting the material of Category IV of Article 1 to aircraft and aircraft engines manufactured under military specifications within their territory or jurisdiction, either on their own behalf or on behalf of the Government of another State.

The term "manufactured under military specifications" means both material manufactured for purely military purposes and material manufactured for commercial purposes, but on specifications designed to make it capable of military use.

The delegations of Germany and the Netherlands associated themselves with this reservation.

SUPERVISION AND PUBLICITY.

ARTICLE 2.

For the purposes of the present Convention, private manufacture shall be considered to mean manufacture of articles defined in Article 1 taking place in establishments of which the State is not the sole proprietor, and which are mainly or to a large extent engaged in the manufacture of the articles covered by Categories I, II, III and IV

of Article 1, excluding manufacture on the order and behalf of the State.

ARTICLE 3.

The High Contracting Parties undertake not to permit, in the territory under their jurisdiction, the private manufacture as defined in Article 2 of the articles included in Categories I, II, III and IV, unless the manufacturers thereof are licensed by the Government to manufacture the articles referred to in this article.

This licence shall be valid for a period to be determined individually by each High Contracting Party, and shall be renewable for a further period at the discretion of the Government.

Remarks.

The delegation of the United States of America recalled its declaration of principle made previously to the effect that its Government is powerless to prescribe or enforce a prohibition or a system of licences upon private manufacture, which takes place under the jurisdiction of the States which form the United States of America.

ARTICLE 4.

The High Contracting Parties undertake to forward to the SecretaryGeneral of the League of Nations, or to publish within two months after the close of each quarter beginning on the first day of January, April, July and October, a list of the licenses granted or renewed during that quarter, together with:

(a) A description of the war material for which the licence is granted;

(b) The name and address of the registered or head office of the licensees and the period for which the licence has been granted

ARTICLE 5.

The High Contracting Parties further undertake to forward to the Secretary-General of the League of Nations, or to publish annually, a return showing the total production, in value, number and weight, of the private manufactures licensed in accordance with the provisions of Article 3, in respect of each of the twelve headings of Category I (A and B), of the four headings of Category II (A and B), of the two headings of Category IV, set out in Article 1 of the present Convention.

The provisions of the foregoing paragraph shall also apply to the production of the material manufactured for it in establishments of which the State is the sole proprietor, or in any other establishment on behalf of the State.

The High Contracting Parties undertake to forward to the Secretary-General of the League of Nations, or to publish, the text of the provisions of all statutes, orders or regulations in force within their territory dealing with articles covered by Categories I, II and IV. All provisions enacted for the purpose of carrying out the present Convention and all amendments and additions to such statutes, orders, regulations and provisions shall also be published, or forwarded to the Secretary-General of the League of Nations.