Papers Relating to the Foreign Relations of the United States, 1924, Volume I

511.4 A 2/258

Suggestions of the United States Presented to the Second Opium Conference⁸⁹

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chapter i—raw opium and coca leaves

Definitions. By “raw opium” is understood:

The spontaneously coagulated juice obtained from the capsules of the papaver somniferum, which has only been submitted to the necessary manipulation for packing and transport.

By “coca leaves” is understood:

The leaves of Erythroxylon Coca and its varieties from which cocaine may be extracted.

Article 1

The Contracting Powers Parties shall enact effective laws or regulations for the control of the production and distribution of raw opium unless laws or regulations on the subject are already in existence and coca leaves so that there will be no surplus available for purposes not strictly medical or scientific^*

The foregoing provision shall not operate to prevent the production for exportation, or exportation, of raw opium for the purpose of making prepared opium into those territories where the use of prepared opium is still temporarily permitted under Chapter II of this Convention, so long as such exportation is in conformity with the provisions of this Convention.

Article 2

being had to the differences in their commercial condi- Contracting Powers Parties shall limit the number of towns, or other localities through which the export or import of raw and coca leaves shall be permitted.

Article 2–A

The Contracting Parties shall require that a separate import license must be obtained for each importation of raw opium or coca leaves. The license may allow the importation of the amount for which the license is given in one or more consignments within a period to be specified in the license.

Article 3

The Contracting Powers shall take measures:

(a) To prevent the export of raw opium to countries which shall have prohibited its entry, and

(b) To control the export of raw opium to countries which restrict its import, unless regulations on the subject are already in existence.

The Contracting Parties shall require that a separate export license must be obtained for each exportation of raw opium or coca leaves. The Contracting Party before issuing such license shall require an import certificate issued by the authorities having jurisdiction over the territory into which the importation is made and certifying that the importation is approved, to be presented by the person applying for the license.

The license may allow the exportation of the amounts for which the license is given in one or more consignments within a period to be specified in the license.

Unless a copy of the export license accompanies the consignment, the authorities issuing the export license shall send a copy to the authorities having jurisdiction over the territory into which the importation is made.

The authorities having jurisdiction over the territory into which the importation is made, when the importation has been effected, shall return the export license with an endorsement to that effect to the Contracting Party issuing such export license.

In the case of an application to export a consignment to any place: for the purpose of being placed in a bonded warehouse in that the production of a special certificate from the authorities jurisdiction over that place, certifying that they have introduction of the consignment for the said purpose, cepted by the Contracting Party permitting the export in import certificate provided for above.

Article 4

The Contracting Powers Parties shall make regulations requiring that every package containing raw opium or coca leaves intended for export shall be marked in such a way as to indicate its contents, provided that the consignment exceeds 5 kilograms.

Article 5

The Contracting Powers shall not allow the import and export of raw opium except by duly authorized persons.

chapter ii—prepared opium

Definition. By “prepared opium” is understood:

The product of raw opium, obtained, by a series of special operations, especially by dissolving, boiling, roasting, and fermentation, designed to transform it into an extract suitable for consumption.

Prepared opium includes dross and all other residues remaining when opium has been smoked.

Article 6

The Contracting Powers Parties shall take measures for the gradual and effective suppression of the manufacture of, internal trade in, and the use of, prepared opium.

Article 7

The Contracting Powers Parties shall prohibit the import and export of prepared opium; these Powers, however, which not ready to prohibit immediately the export of prepared opium shall prohibit it as soon as possible.

Article 8

The Each Contracting Powers Party which are not as yet ready to prohibit immediately the export of prepared opium:

(a) Shall restrict the number of towns, ports, or other localities through which prepared opium may fee exported;

(b) Shall prohibit the export of prepared opium to countries which now forbid, or which may hereafter forbid, the import thereof;

(c) Shall, in the meanwhile, prohibit the consignment of prepared opium to a country which desires to restrict its entrance, unless the exporter complies with the regulations of the importing country;

(d) Shall take measures to ensure that every package exported, containing prepared opium bears a special mark indicating the nature of its contents;

(e) Shall not permit the export of prepared opium except by specially authorized persons.

in whose territory the use of prepared opium is now temporarily permitted agrees to reduce its imports of raw opium for the purpose of making prepared opium by 10 percent of its present importation each year for a period of 10 years beginning with the date of ratification of this Convention by it, and further agrees not to supplement the reduction by domestically produced opium; and further agrees that at the end of such period of 10 years it will prohibit the importation of raw opium for the purpose of making prepared opium. By “present importation” is understood the importation during the 12 months immediately preceding the date the Contracting Party ratifies this Convention^*

chapter iii—medicinal opium, morphine, cocaine, etc.

Definitions.—By “medicinal opium” is understood:

Raw opium which has been heated to 60° Centigrade and contains not less than 10 per cent, of morphine, whether or not it be powdered or granulated or mixed with indifferent materials.

By “morphine” is understood:

The principal alkaloid of opium having the chemical formula C17H19NO3.

By “cocaine” is understood:

The principal alkaloid of the loavos of Erythroxylon Coca, having the formula C17H21NO4.

The methylbenzoyl derivatives of ecgonine (C9H15O3N) of the chemical formula C17H21O4N, whether occurring naturally or prepared synthetically; and all other derivatives of ecgonine, whether occurring naturally or prepared synthetically, which possess the property of creating addiction by their use.

By “heroin” is understood:

Diacetyl-morphine, having the formula C21H23NO5

Article 9

The Contracting Powers Parties shall enact pharmacy effective laws or regulations to limit exclusively to medical and legitimate scientific purposes the manufacture, sale, and use of morphine, cocaine, and their respective salts and derivatives, unless laws or regulations on the subject are already in existence. They shall cooperate with one another to prevent the use of these drugs for any other purpose.

Article 9–A

The Contracting Parties shall enact effective laws or regulations prohibiting the manufacture and distribution of heroin^*

Article 10

The Contracting Powers Parties shall use their best endeavours to control, or to cause to be controlled,⁹⁰ all persons manufacturing, importing, selling, distributing, and or exporting morphine, cocaine, and or their respective salts or derivatives, as well as the buildings in which these persons carry on such industry or trade.

With this object, the Contracting Parties shall use their best endeavours to adopt, or cause to be adopted, the following measures, unless regulations on the subject are already in existence:

(a) To Confine the manufacture of morphine, cocaine, and their respective salts and derivatives to those establishments and premises alone which have been licensed for the purpose, or to obtain information respecting the establishments and premises in which these drugs are manufactured and to keep a register of them;

(b) To Require that all persons engaged in the manufacture, import, sale, distribution, or export of morphine, cocaine, and or their respective salts or derivatives shall be furnished with obtain a license or permit to engage in these operations, or shall make to the competent authorities an official declaration that they are so engaged;

(c) To Require that such persons shall enter in their books the quantities manufactured, imports, sales, and all other distribution, and exports of morphine, cocaine, and their respective salts and derivatives. This rule shall not necessarily apply to medical prescriptions and to sales by duly authorized chemists.

Article 11

The Contracting Powers Parties shall take measures to prohibit, as regards their internal trade, the delivery of morphine, cocaine, and their respective salts and derivatives to any unauthorized persons, unless regulations on the subject are already in existence.

Article 12

Due regard being had to the differences in their conditions, the Contracting Powers shall use their best endeavours to restrict to authorized persons the import of morphine, cocaine, and their respective salts. The Contracting Parties shall require that a separate import license must be obtained for each importation of morphine, cocaine, or their respective salts or derivatives. The license may allow the importation of the amount for which the license is given in one or more consignments within a period to be specified in the license.

Article 13

The Contracting Powers shall use their best endeavours to adopt, or cause to be adopted, measures to ensure that morphine, cocaine, and their respective salts shall not be exported from their countries, possessions, colonics, and leased territory to the countries, possessions, colonies, and leased territories of the other Contracting Powers except when consigned to persons furnished with the licenses or permits provided for by the laws or regulations of the importing country.

With this object each government may communicate from time to time to the governments of the exporting countries lists of the persons to whom licenses or permits for the imports of morphine, cocaine, and their respective salts have been granted.

The Contracting Parties shall require that a separate export license must be obtained for each exportation of morphine, cocaine, or their respective salts or derivatives. The Contracting Party before issuing such license shall require an import certificate issued by the authorities hawing jurisdiction over the territory into which the importation is made and certifying that the importation is approved, to be presented by the person applying for the license.

The license may allow the exportation of the amounts for which the license is given in one or more consignments within a period to be specified in the license.

Unless a copy of the export license accompanies the consignment, the authorities issuing the export license shall send a copy to the authorities having jurisdiction over the territory into which the importation is made.

The authorities having jurisdiction over the territory into which the importation is made, when the importation has been effected, shall return the export license with an endorsement to that effect to the Contracting Party issuing such export license.

In the case of an application to export a consignment to any place for the purpose of being placed in a bonded warehouse in that place, the production of a special certificate from the authorities having jurisdiction over that place, certifying that they have approved the introduction of the consignment for the said purpose, may be accepted by the Contracting Party permitting the export in place of the import certificate provided for above.

Article 14

The Contracting Powers Parties shall apply the laws and regulations, respecting the manufacture, import, sale, distribution, delivery, or export of morphine, cocaine, and their respective salts and their derivatives;

(a) To medicinal opium;

(b) To all preparations (officinal and non-officinal, including the so-called anti-opium remedies) containing more than 0.2 per cent. of morphine, or more than 0.1 per cent. of cocaine, morphine, cocaine, or their salts or derivatives;

(c) To heroin, its salts and preparations containing more than 0.1 per cent of heroin;

(d) To all new derivatives of morphine, of or cocaine, or of their respective salts, and to every other alkaloid of opium or coca leaves, and to any habit-forming drug which may be shown by scientific research, generally recognized, to be liable to similar abuse and productive of like ill-effects.

chapter iv

chapter v

Article 20

The Contracting Powers Parties shall examine the possibility of enacting enact laws or regulations making it a penal offense to be in illegal possession of raw opium, prepared opium, morphine, cocaine, and their respective salts, unless laws or regulations on the subject are already in existence. any of the substances to which this Convention applies.

Article 20–A

The Contracting Parties shall furnish annually to the Central Board hereinafter constituted, not later than April 1st, for the calendar year beginning January 1st following, in respect of raw opium; coca leaves; morphine, its salts, derivatives, and preparations containing morphine; and cocaine, its salts, derivatives, and preparations containing cocaine, estimates of:

(1) Their import requirements for medical and scientific purposes, whether for domestic consumption, manufacture, or commerce;

(2) Their total production and requirements:

(a) For all purposes,

(1) For domestic consumption for all purposes,

(2) For domestic consumption for medical and scientific purposes,

(3) For export for all purposes,

(4) For export for medical and scientific purposes.

Article 20–B

The Contracting Parties undertake to prohibit the importation into their territory of any of the substances mentioned in Article 20–A in excess of the quantities specified in the estimates furnished in pursuance of Article 20–A (1) or fixed by the Central Board in pursuance of Article 20–E. The foregoing provision shall not operate to prevent the importation of raw opium for the purpose of making prepared opium into those territories where the use of prepared opium is still temporarily permitted under Chapter II of this Convention, so long as such importation is in conformity with the provisions of this Convention.

Article 20–C

A permanent Central Board shall be constituted consisting of one representative each from-------, --------, --------, --------, -------, --------, --------, --------, --------, --------, --------, and ---------^*

The Board shall fix its headquarters, shall determine its procedure, and shall meet at least once annually beginning the first Monday in May. The decision of all questions coming before the Board shall be by a majority vote of those present, but two-thirds of the Board shall be necessary to Constitute a quorum.

The Board may appoint an Executive Committee of not more than five persons who shall perform such of the Board’s duties as it may delegate to the Committee. The members of the Executive Committee need not be members of the Board.

The expenses of the members of the Board shall be defrayed by the Parties they represent. The expenses of the Executive Committee and its clerical staff shall be divided among the Contracting Parties in proportion to their total imports and exports of raw opium and coca leaves.

Article 20–D

The Contracting Parties, in addition to the estimates called for in Article 20–A, agree to send to the Central Board:

(1) In respect of each of the substances mentioned in Article 20–A:

(a) Within three months after the end of each quarter statistics of their imports, specifying their source, and of their exports and re-exports, specifying their destination, during that quarter;

(b) If possible, within three months after the end of each half year the wholesale stocks, whether in Government or in private hands, at the end of that half year;

(2) In respect of morphine and cocaine and their salts and derivatives, within three months after the end of each half year, the statistics of their manufacture during that half-year;

(3) In respect of raw opium and coca leaves, within three months after the end of each year, the total quantity produced and consumed during that year.

The Central Board shall communicate periodically to all the parties to this Convention the situation as regards the quantity and destination of all exports and re-exports of the substances mentioned in Article 20–A, calling to their particular attention the fact that, in the case of any territory, the imports have already reached the amounts to which such territory is entitled under this Convention.

Article 20–E

If any Contracting Party furnishes no estimate of its import requirements in pursuance of Article 20–A or furnishes an estimate which appears to the Central Board upon investigation undertaken on its own motion or on complaint of any of the Contracting Parties, to be greatly in excess of its reasonable requirements, the Board shall immediately ascertain the amount of the reasonable requirements of that Contracting Party for the calendar year beginning January first following, after taking into account its population, climatic and hygienic conditions and all other factors which appear to the Board to be relevant as well as any other special circumstances which such Contracting Party may be at liberty to submit to the Board.

The Board shall notify to all Contracting Parties its conclusion as to the amount so ascertained by it. The Board shall recommend that each Contracting Party other than that Contracting Party the extent of whose import requirements has been ascertained by the Board, shall prohibit the exportation from their respective territories to the territory of that Contracting Party, amounts of substances specified in Article 20–A which, taken in conjunction with other exports thereto, will exceed the amount ascertained as aforesaid by the Board to be the reasonable annual import requirements of such Party. Due consideration shall be given to the recommendation of the Board.

Article 20–F

Each Contracting Party shall make it a penal offense for any person within its jurisdiction to procure or assist the commission, in any place outside its jurisdiction, of any offense against the laws in force in such place for controlling or regulating the manufacture, sale, delivery, distribution, use, possession, export, or import of any of the substances covered by this Convention.

Article 20–G

Each Contracting Party shall forbid the conveyance in any vessel sailing under its flag of any consignment of the substances covered by this Convention,

(1) Unless an export license has been issued in respect of such consignment in accordance with the provisions of this convention and the consignment is accompanied by an official copy of such license;

(2) To any destination other than the destination mentioned in the license.

Article 20–H

For the purpose of ensuring the full application and enforcement of the provisions of this 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 the same supervision and control in respect of the substances covered by this Convention as in other parts of their territories.

Article 20–I

The Contracting Parties shall enact effective laws and regulations to prohibit the transportation through their territory from a place outside thereof to another plaice outside thereof, of any of the substances covered by this Convention unless such Contracting Party is advised of the contents and the destination of the consignment.

Article 20–J

The Contracting Parties shall enact effective laws and regulations to prohibit the transshipment within their territories of a consignment of any of the substances covered by this Convention unless such consignment is accompanied by an official copy of the export license issued by the authorities having jurisdiction over the territory from which exported or by an official copy of the import certificate issued by the authorities having jurisdiction over the territory to which destined. The Contracting Parties shall also enact effective laws and regulations to prohibit in the territory of transshipment the diversion of, or attempt to divert, a consignment of any of the substances covered by this Convention to any destination other than that named in the official copy of the export license or import certificate, unless an export license is first obtained from the authorities of the territory where the transshipment occurs.

Article 20–K

The Contracting Parties shall enact effective laws and regulations to prohibit a consignment of any of the substances covered by this Convention which is landed in their territory and placed in a bonded warehouse from being withdrawn from such warehouse for export, unless an import certificate issued by the authorities having jurisdiction over the territory to which the consignment is destined, certifying that the importation is approved, is presented to the authorities having jurisdiction over the bonded warehouse.

A special certificate shall be issued by the Contracting Parties in respect of each consignment so withdrawn and shall take the place of the export license for the purpose of the preceding provisions of this Convention.

Article 20–L

In the case of a geographical area the Government of which is not a party to this Convention the Contracting Parties undertake to allow the export to such geographical area of any of the substances covered by this Convention only in such amounts as may be fixed by the Central Board as being reasonably required for the medical and scientific needs of such area. The Central Board shall communicate periodically to all the Parties to this Convention the amount fixed in respect of each geographical area and the situation as regards the exports and re-exports thereto.

Article 20–M

The present Convention shall come into force three months after the date mentioned in the notification by the Government of the Netherlands, referred to in the last paragraph of the preceding Article.

This Convention shall come into force between the Contracting Parties who have ratified it as soon as it has been ratified by four of the Contracting Parties.

89. Printed from International Control of the Traffic in Habit-Forming Narcotic Drugs, Fourth International Conference, Geneva, Switzerland, November, 1924.

    Deletions from International Opium Convention of 1912 indicated by canceled type; amendments printed in italics.

90. See the report of the Advisory Committee on Traffic in Opium and Other Dangerous Drugs, Fifth Session, Appendix page. [Footnote in the original. Report not printed.]
91. See speech of the Right Rev. Charles H. Brent on “The opium problem in the Philippine Islands.” (Hearings of the Congress of the United States, p. 91, accompanying this document.) [Footnote in the original.]
92. (See Hearings of the Congress of the United States accompanying this document.) [Footnote in the original.]
90. No explanation is given for the deletion of these words which obscures the meaning of the paragraph.
91. The nations having representatives shall be selected by this Conference. [Footnote in the original.]