Annex "B"
Relevant Treaties, Conventions, Agreements, and Assurances Upon Which the Charges Were Based

 

I have taken minor liberties with the text of the treaties which follows here: as many of these documents can already be found on the Internet, I have chosen to cut-and-paste the relevant portions into this document, without reformatting the entries to match the typing in the IMTFE volume. Thus, Article numbers and titles may appear centered in upper case, rather than left-adjusted in title case, etc. Links to the online documents used for this purpose are included with the titles of the documents. In most cases, this IMTFE volume does not include the full text of the treaties--they can be found at the indicated links. In some cases, the IMTFE text includes information not entered on the other Internet sites (lists of delegates and ratifications, for instance) -- they are included here. -- HyperWar

Table of Contents

Annex No.		Page
B-1	Convention for the Pacific Settlement of International Disputes, signed at The Hague on 29 July 1899	1
B-2	Final Protocol at the Conclusion of the So-called Boxer Troubles, signed at Peking on 7 September 1901	5
B-3	Treaty of Portsmouth, signed on 5 September 1905	9
B-4	Japanese-American Identic Notes Declaring Their Policy in the Far East, exchanged at Washington on 30 November 1908	14
B-5	Convention Embodying Basic Rules for Relations Between Japan and the Union of Soviet Socialist Republic, singed at Peking on 20 January 1925	18
B-6	Versailles Treaty, Treaty of Peace of 1919, Covenant of the League of Nations, Mandated Territories, Opium Traffic, signed at Versailles on 28 June 1919, effective at 4:15 p.m., 10 January 1920	20
B-7	Convention, Japanese-American Mandate Convention, singed at Washington on 11 February 1922	38
B-8	Four-Power Treaty, signed at Washington on 13 December 1921	49
B-8-a	Declaration Following the Four-Power Treaty	52
B-8-b	Supplement to Four-Power Treaty, signed at Washington on 6 February 1922	53
B-8-c	Four-Power Assurance, Japan's Declaration to the Netherlands, dated 6 February 1922	54
B-8-d	Four-Power Assurance, Japan's Declaration to Portugal, dated 6 February 1922	55
B-9	Washington Treaty for Limitation of Naval Armaments, signed at Washington on 6 February 1922	56
B-10	Nine-Power Treaty, signed at Washington on 6 February 1922	59
B-11	Convention for Suppression of the Abuse of Opium and Other Drugs, singed at The Hague on 23 January 1912	64
B-12	Convention, Second Opium Conference of the League, singed at Geneva on 19 February 1925	72
B-13	Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, signed at Geneva on 13 July 1931	85
B-14	Convention for the Pacific Settlement of International Disputes, First Hague Convention of 1907, signed at The Hague on 18 October 1907	100
B-15	Kellogg-Briand Pact (Pact of Paris), singed at Paris on 27 August 1928	105
B-16	Convention Relative to the Opening of Hostilities, Third Hague Convention, signed at The Hague on 18 October 1907	110
B-17	Convention Respecting the Rights and Duties of Neutral Powers and Persons in War on Land, Fifth Hague Convention, signed at The Hague on 18 October 1907	115
B-18	Convention Respecting the Laws and Customs of War on Land, Fourth Hague Convention of 1907, signed at The Hague on 18 October 1907	123
B-19	Regulations Respecting the Laws and Customs of War on Land, Fourth Hague Convention of 1907, adopted at The Hague on 18 October 1907	129
B-20	Convention Relative to the Treatment of Prisoners of War, signed at Geneva on 27 July 1929	145
B-21	Convention for the Amelioration of the Condition of the Wounded and Sick of Armies in the Field, signed at Geneva on 27 July 1929	175
B-22	Convention for the Adaption to Naval War of the Principles of the Geneva Convention, singed at The Hague on 18 October 1907	187
B-22-a	Convention for Adaption to Maritime Warfare of the Principles of the First Geneva Convention of 22 August 1864, Ratification	199

Annex No. B-1
Judgment
International Military Tribunal for the Far East

Convention
For the Pacific Settlement of International Disputes
First Peace Conference at The Hague
(Signed 29 July 1899)

His Majesty the Emperor of Germany, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary; His Majesty the King of the Belgians; his Majesty the Emperor of China; His Majesty the King of Denmark; His Majesty the King of Spain and in His Name Her Majesty the Queen Regent of the Kingdom; the President of the United States of America; the President of the United Mexican States; the President of the French Republic; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the King of the Hellenes; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxembourg, Duke of Nassau; His Highness the Prince of Montenegro; Her Majesty the Queen of the Netherlands; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves etc.; His Majesty the King of Roumania; His Majesty the Emperor of all the Russias; His Majesty the King of Servia; His Majesty the king of Siam; His Majesty the King of Sweden and Norway; the Swiss Federal Council; His Majesty the Emperor of the Ottomans and His Royal Highness the Prince of Bulgaria.

Animated by a strong desire to concert for the maintenance of the general peace;

Resolved to second by their best efforts the friendly settlement of international disputes;

Recognizing the solidarity which unites the members of the society of civilized nations;

Desirous of extending the empire of law, and of strengthening the appreciation of international justice;

Convinced that the permanent institution of a Court of Arbitration, accessible to all, in the midst of the independent Powers, will contribute effectively to this result;

Having regard to the advantages attending the general and regular organization of arbitral procedure;

Sharing the opinion of the august Initiator of the International Peace Conference that it is expedient to record in an international Agreement the principles of equity and right on which are based the security of States and the welfare of peoples;

Being desirous of concluding a Convention to this effect, have appointed as their plenipotentiaries, to wit:
(Here follows a list of the Plenipotentiaries.)

Who, after communication of their full powers, found in good and due form, have agreed on the following provisions:

TITLE I.--ON THE MAINTENANCE OF THE GENERAL PEACE

Article 1

With a view to obviating, as far as possible, recourse to force in the relations between States, the Signatory Powers agree to use their best efforts to insure the pacific

settlement of international differences.

TITLE II. ON GOOD OFFICES AND MEDIATION

Article 2

In case of serious disagreement or conflict, before an appeal to arms, the Signatory Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers.
There follow a total of LXI Articles, none of which are considered material.)

In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals to it.

Done at The Hague, the 29th July, 1899, in a single copy, which shall remain in the archives of the Netherlands Government, and copies of it, duly certified, be sent through the diplomatic channel to the Contracting Powers.

Signatory Powers:

Germany, Austria-Hungary, Belgium,China, Denmark, Spain, the United States of America, the United Mexican States, France, Great Britain and Ireland, Greece, Italy, Japan, Luxemburg, Montenegro, Netherlands, Persia, Portugal, Roumania, Russia, Servia, Siam, the United Kingdoms, of Sweden and Norway, Switzerland, Turkey, Bulgaria.

RATIFICATIONS

The following Powers deposited instruments of ratification of the Convention at The Hague on the dates indicated:

Japan	6 October 1900
China	21 November 1904
France	4 September 1900
Great Britain	4 September 1900
Netherlands	4 September 1900
Portugal	4 September 1900
U.S.S.R. [sic]	4 September 1900
Thailand	4 September 1900
U.S.A.	4 September 1900
Austria	4 September 1900
Belgium	4 September 1900
Bulgaria	4 September 1900
Denmark	4 September 1900
Germany	4 September 1900
Greece	4 April 1901
Italy	4 September 1900
Luxemburg	12 July 1901
Mexico	17 April 1901
Montenegro	16 October 1900
Norway	4 September 1900
Persia	4 September 1900
Rumania	4 September 1900
Servia	11 May 1901
Spain	4 September 1900
Sweden	4 September 1900
Switzerland	29 December 1900
Turkey	4 September 1900

The following Powers adhered to the Convention on the dates indicated:

Argentina	15 June 1907
Bolivia	15 June 1907
Brazil	15 June 1907
Chile	15 June 1907
Colombia	15 June 1907
Cuba	15 June 1907
Dominican Republic	15 June 1907
Ecuador	3 July 1907
Guatemala	15 June 1907
Haiti	15 June 1907
Nicaragua	15 June 1907
Panama	15 June 1907
Paraguay	15 June 1907
Peru	15 June 1907
Salvador	20 June 1907
Uruguay	17 June 1907
Venezuela	15 June 1907

Annex No. B-2
Judgment
International Military Tribunal for the Far East

Final Protocol
Conclusion of the So-Called Boxer Troubles of 1900
(Signed at Peking, 7 September 1901)

The plenipotentiaries of Germany, His Excellency M.A. Mumm von Schwarzenstein; of Austria-Hungary, His Excellency M.M. Czikann von Wahlborn; of Belgium, His Excellency M. Joostens; of Spain, M.B.j. de Cologan; of the United States, His Excellency M.W.W. Rockhill; of France, His Excellency M. Paul Beau; of Great Britain, His Excellency Sir Ernest Satow; if Italy, Marquis Salvago Raggi; of Japan, His Excellency M. Jutaro Komura; of the Netherlands, His Excellency M.F.M. Knobel; of Russia, His Excellency M.M. de Giers; and of China, His Highness Yi-k'uang Prince Ching of the first rank, President of the Ministry of Foreign Affairs, and His Excellency Li Hung-chang, Earl of Su-=i of the first rank, Tutor of the Heir Apparent, Grand Secretary of the Wen-hua Throne Hall, Minister of commerce, Superintendent of the northern trade, Governor-General of Chihli, have met for the purpose of declaring that China has complied with the conditions laid down in the note of the 22nd December, 1900, and which were accepted in their entirety by His Majesty the Emperor of China in a Decree dated the 27th December, 1900.

(Articles I to VI inclusive follow here.)

ARTICLE VII.

The Chinese Government has agreed that the quarter occupied by the Legations shall be considered as one specially reserved for their use and placed under their exclusive

control, in which Chinese shall not have the right to reside, and which may be made defensible.

The limits of this quarter have been fixed as follows on the annexed plan (Annex No. 14):

On the west, the line 1, 2, 3, 4, 5.

On the north, the line 5, 6, 7, 8, 9, 10.

On the east, Ketteler street (10, 11, 12).

Drawn along the exterior base of the Tartar wall and following the line of the bastion, on the south the line 12.1.

In the Protocol annexed to the letter of the 16th January, 1901, China recognized the right of each Power to maintain a permanent guard in the said quarter for the defence of its Legation.

ARTICLE VIII.

The Chinese Government has consented to raze the forts of Taku, and those which might impede free communication between Peking and the sea. Steps have been taken for carrying this out.

ARTICLE IX.

The Chinese Government conceded the right to the Powers in the Protocol annexed to the letter of the 16th January, 1901, to occupy certain points, to be determined by an Agreement between them for the maintenance of open communication between the capital and the sea. The points occupied by the Powers are:

Huang-tsun, Lang-fang, Yang-tsun, Tien-tsin, Chun-liang-Cheng, Tong-ku, Lu-tai, Tong- shan, Lan-chou, Chang-li, Chin-wang Tao, Shan-hai Kuan.

ARTICLE X.

The Chinese Government has agreed to post and to have published during two years in all district cities the following Imperial Edicts: I) Edict of the 1st February, 1901, prohibiting for ever under pain of death, membership in any anti-foreign society. 2) Edicts of the 13th and 21st February, 29th April and 19th August, 1901, enumerating the punishments inflicted on the guilty. 3) Edict of the 19th August, 1901, prohibiting examinations in all cities where foreigners were massacred or subjected to cruel treatment. 4) Edicts of the 1st February, 1901, declaring all Governors General, Governors, and provincial or local officials responsible for order in their respective districts, and that in case of new anti-foreign troubles or other infractions of the Treaties which shall not be immediately repressed and the authors of which shall not have been punished, these officials shall be immediately dismissed without possibility of being given new functions or new honours. The posting of these Edicts is being carried on throughout the Empire.

(Articles XI and XII follow here.)

The Chinese Government having thus complied to the satisfaction of the Powers with the conditions laid down in the above-mentioned note of the 22nd December, 1900, the Powers have agreed to accede to the wish of China to terminate the situation created by the disorders of the summer of 1900.

In consequence thereof, the foreign Plenipotentiaries are authorized to declare in the names of their Governments that, with the exception of the Legation guards mentioned in Article VII, the international troops will completely evacuate the city of Peking on the 7th September, 1901, and, with the exception of the localities mentioned in Article IX, will withdraw from the Province of Chihli on the 22nd September, 1901.

The present final Protocol has been drawn up in twelve identical copies, and signed by all the Plenipotentiaries of the contracting Countries. One copy shall be given to each of the foreign Plenipotentiaries, and one copy shall be given to the Chinese Plenipotentiaries.

Peking, 7th September, 1901.

The following Powers signed this Protocol:

Japan
U.S.A.
France
Great Britain
Netherlands
U.S.S.R. [sic]
China
Germany
Austria-Hungary
Belgium
Italy

Annex No. B-3
Judgment
International Military Tribunal for the Far East

Treaty of Portsmouth
(Signed at Portsmouth, 5 September 1905)

His Majesty, the Emperor of Japan on the one part, and the Emperor of all the Russias, on the other part, animated by a desire to restore the blessings of peace, have resolved to conclude a Treaty of Peace, and have for this purpose named their Plenipotentiaries, that is to say, (Here follows the names of the Plenipotentiaries.)

who, after having exchanged their full powers, which were found to be in good and due form, and concluded the following Articles:

ARTICLE I.

There shall henceforth be peace and amity between their Majesties the Emperor of Japan and the Emperor of all the Russias, and between their respective States and subjects.

ARTICLE II.

The Imperial Russian Government, acknowledging that Japan possesses in Korea paramount political, military and economical interests engages neither to obstruct nor interfere with measures for guidance, protection and control which the Imperial Government of Japan may find necessary to take in Korea.

It is understood that Russian subjects in Korea shall be treated in exactly the same manner as the subjects and citizens of other foreign Powers; that is to say, they shall be placed on the same footing as the subjects and citizens of the most favored nation.

It is also agreed that, in order to avoid causes of misunderstanding, the two high contracting parties will abstain on the Russian-Korean frontier from taking any military measure which may menace the security of Russian or Korean territory.

ARTICLE III.

Japan and Russia mutually engage:

1. To evacuate completely and simultaneously Manchuria, except the territory affected by the lease of the Liaotung Peninsula, in conformity with the provisions of the additional article I annexed to this treaty, and,

2. To restore entirely and completely to the exclusive administration of China all portions of Manchuria now in occupation, or under the control of the Japanese or Russian troops, with the exception of the territory above mentioned.

The Imperial Government of Russia declares that it has not in Manchuria any territorial advantages or preferential or exclusive concessions in the impairment of Chinese sovereignty, or inconsistent with the principle of equal opportunity.

ARTICLE IV.

Japan and Russia reciprocally engage not to obstruct any general measures common to all countries which China may take for the development of the commerce or industry of Manchuria.

ARTICLE V.

The Imperial Russian Government transfers and assigns to the Imperial Government of Japan, with the consent of the Government of China, the lease of Port Arthur, Talien and the adjacent territorial waters, and all rights, privileges and concessions connected with or forming part of such lease, and it also transfers and assigns to the Imperial government of Japan all public works and properties in the territory affected by the above-mentioned lease.

The two contracting parties mutually engage to obtain the consent of the Chinese Government mentioned in the foregoing stipulation.

The Imperial Government of Japan, on its part, undertakes that the proprietary rights of Russian subjects in the territory above referred to shall be perfectly respected.

ARTICLE VI.

The Imperial Russian Government engages to transfer and assign to the Imperial Government of Japan, without compensation and with the consent of the Chinese Government, the railway between Chang-chunfu and Kuanchangtsu and Port Arthur, and all the branches, together with all the rights, privileges and properties appertaining thereto in that region, as well as all the coal mines in said region belonging to or worked for the benefit of the railway. The two high contracting parties mutually engage to obtain the consent of the Government of China mentioned in the foregoing stipulation.

ARTICLE VII.

Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial

purposes and nowise for strategic purposes. It is understood that this restriction does not apply to the railway in the territory affected by the lease of the Liaotung Peninsula.

ARTICLE VIII.

The imperial Governments of Japan and Russia with the view to promote and facilitate intercourse and traffic will as soon as possible conclude a separate convention for the regulation of their connecting railway services in Manchuria.

ARTICLE IX.

The Imperial Russian Government cedes to the Imperial Government of Japan in perpetuity and full sovereignty the southern portion of the Island of Saghalin and all the islands adjacent thereto and the public works and properties thereon. The fiftieth degree of north latitude is adopted as the northern boundary of the ceded territory. The exact alignment of such territory shall be determined in accordance with the provisions of the additional article II annexed to this treaty.

Japan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalin or the adjacent islands any fortification or other similar military works. They also respectively engage not to take any military measures which may impede the free navigation of the Strait of La Perouse and the Strait of Tartary.

ARTICLE X.

It is reserved to Russian subjects, inhabitants of the territory ceded to Japan, to sell their real property and retire to their country, but if they prefer to remain in the ceded territory they will be maintained and protected

in the full exercise of their industries and rights of property on condition of submitting to the Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right of residence in or to deport from such territory of any inhabitants who labor under political or administrative disability. She engages, however, that the proprietary rights of such inhabitants shall be fully respected.

ARTICLE XI.

Russia engages to arrange with Japan for granting to Japanese subjects rights of fishery along the coasts of the Russian possession in the Japan, Okhotsk and Bering Seas.

It is agreed that the foregoing engagement shall not affect rights already belonging to Russian or foreign subjects in those regions.

(Articles XII to XV inclusive follow here.)

In witness whereof the respective plenipotentiaries have signed and affixed seals to the present Treaty of Peace.

Done at Portsmouth (New Hampshire) this fifth day of the ninth month of the thirty-eighth year of the Meiji, corresponding to the twenty-third day of August (fifth September) one thousand nine hundred and five.

The following Powers signed and ratified this Treaty:

U.S.S.R. [sic]
Japan

Annex No. B-4
Judgment
International Military Tribunal for the Far East

Japanese American Identic Notes
Declaring Their Policy in the Far East
(Exchanged at Washington, 30 November 1908)

(The Japanese Ambassador to the Secretary of State.)
Imperial Japanese Embassy,
Washington, November 30, 1908.

Sir

The exchange of views between us, which has taken place at the several interviews which I have recently had the honor of holding with you, has shown that Japan and the United States holding important outlying insular possessions in the region of the Pacific Ocean, the Governments of the two countries are animated by a common aim, policy, and intention in that region.

Believing that a frank avowal of that aim, policy, and intention would not only tend to strengthen the relations of friendship and good neighborhood, which have immemorially existed between Japan and the United States, but would materially contribute to the preservation of the general peace, the Imperial Government have authorized me to present to you an outline of their understanding of that common aim, policy, and intention:

1. It is the wish of the two Governments to encourage the free and peaceful development of their commerce on the Pacific Ocean.

2. The policy of both Governments, uninfluenced by any aggressive tendencies, is directed to the maintenance of the existing status quo in the region above mentioned and to the defense of the principle of equal opportunity for commerce and industry in China.

3. They are accordingly firmly resolved reciprocally to respect the territorial possessions belonging to each other in said region.

4. They are also determined to preserve the common interest of all powers in China by supporting by all pacific means at their disposal the independence and integrity of China and the principle of equal opportunity for commerce and industry of all nations in that Empire.

5. Should any event occur threatening the status quo as above described or the principle of equal opportunity as above defined, it remains for the two Governments to communicate with each other in order to arrive at an understanding as to what measures they may consider it useful to take.

If the foregoing outline accords with the view of the Government of the United States, I shall be gratified to] receive your confirmation. I take this opportunity to renew to Your Excellency the assurance of my highest consideration.

K. Takahira

Honorable Elihu Root,
Secretary of State.

(The Secretary of State to the Japanese Ambassador.)
Department of State,
Washington, November, 30, 1908.

Excellency:

I have the honor to acknowledge the receipt of your note of to-day setting forth the result of the exchange of views between us in our recent interviews defining the understanding of the two Governments in regard to their policy in the region of the Pacific Ocean.

It is a pleasure to inform you that this expression of mutual understanding is welcome to the Government of the United States as appropriate to the happy relations of the two countries and as the occasion for a concise mutual affirmation of that accordant policy respecting the Far East which the two Governments have so frequently declared in the past.

I am happy to be able to confirm to Your Excellency, on behalf of the United States, the declaration of the two Governments embodied in the following words:

1. It is the wish of the two Governments to encourage the free and peaceful development of their commerce on the Pacific Ocean.

2. The policy of both Governments, uninfluenced by any aggressive tendencies, is directed to the maintenance of the existing status quo in the region above mentioned and to the defense of the principle of equal opportunity for commerce and industry in China.

3. They are accordingly firmly resolved reciprocally to respect the territorial possessions belonging to each other in said region.

4. They are also determined to preserve the common interest of all powers in China by supporting by all pacific means at their disposal the independence and integrity of China and the principle of equal opportunity for commerce and industry of all nations in that Empire.

5. Should any event occur threatening the status quo as above described or the principle of equal opportunity as above defined, it remains for the two Governments to communicate with each other in order to arrive at an understanding as to what measures they may consider it useful to take.

Accept, Excellency, the renewed assurance of my highest consideration.

Elihu Root.

His Excellency
Baron Kogor Takahira
Japanese Ambassador.

Annex No. B-5
Judgment
International Military Tribunal for the Far East

Convention
Embodying Basic Rules
For Relations Between Japan and
The Union of Soviet Socialist Republics
(Signed at Peking, 20 January 1925)

(Articles I to III inclusive follow here.)

Article IV.

The Governments of the High Contracting Parties agree that upon the coming into force of the present Convention, they shall proceed to the conclusion of a treaty of commerce and navigation in conformity with the principles hereunder mentioned, and that pending the conclusion of such a treaty, the general intercourse between the two countries shall be regulated by those principles.

(1) The subjects or citizens of each of the High Contracting Parties shall in accordance with the laws of the country: (a) have liberty to enter, travel and reside in the territories of the other, and (b) enjoy constant and complete protection for the safety of their lives and property.

(2) Each of the High Contracting Parties shall in accordance with the laws of the country accord in its territories to the subjects or citizens of the other, to the widest possible extent and on condition of reciprocity,

the right of private ownership and the liberty to engage in commerce, navigation, industries, and other peaceful pursuits.

(Paragraph 3 of Article IV follows here.)

Article V.

The High Contracting Parties solemnly affirm their desire and intention to live in peace and amity with each other, scrupulously to respect the undoubted right of a State to order its own life within its own jurisdiction in its own way, to refrain and restrain all persons in any governmental service for them, and all organizations in receipt of any financial assistance from the, from any act overt or covert liable in any way whatever to endanger the order and security in any part of the territories of Japan or the Union of Soviet Socialist Republics.

It is further agreed that neither Contracting Party shall permit the presence in the territories under its jurisdiction -- (a) of organizations or groups pretending to be the Government of any part of the territories of the other Party, or (b) of alien subjects or citizens who may be found to be actually carrying on political activities for such organizations or groups.

(Articles VI and VII follow here.)

RATIFICATION

Both the U.S.S.R. and Japan duly ratified the Convention.

Annex No. B-6
Judgment
International Military Tribunal for the Far East

Versailles Treaty
Treaty of Peace of 1919
Covenant of the League of Nations
Mandated Territories
Opium Traffic

(Signed Versailles, 28 June 1919,
effective at 4:15 p.m., 10 January 1920)

The United States of America, the British Empire, France, Italy and Japan,

These Powers being described in the present Treaty as the Principal Allied and Associated Powers,

Belgium, Bolivia, Brazil, China, Cuba, Ecuador, Greece, Guatemala, Haiti, the Hedjaz, Honduras, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Roumania, the Serv-Croat-Slovene State, Siam, Czecho-Slovakia and Uruguay,

These Powers constituting with the Principal Power mentioned above the Allied and Associated Powers,

of the one part;

And Germany,

of the other part;

Bearing in mind that on the request of the Imperial German Government an Armistice was granted on November 11, 1918, to Germany by the Principal Allied and Associated Powers in order that a Treaty of Peace might be concluded with her, and

The Allied and Associated Powers being equally desirous that the war in which they were successively involved directly or indirectly and which originated in the declaration of war by Austria-Hungary on July 28, 1914, against

Serbia, the declaration of war by Germany against Russia on August 1, 1914, and against France on August 3, 1914, and in the invasion of Belgium, should be replaced by a firm, just and durable Peace.

For this purpose the High Contracting Parties represented as follows:

(A list of the representatives follows here.)

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

From the coming into force of the present Treaty the state of war will terminate. From that moment and subject to the provisions of this Treaty official relations with Germany, and with any of the German States, will be resumed by the Allied and Associated Powers.

Part I.

The Covenant of the League of Nations.

THE HIGH CoNTRACTING PARTIES,
In order to promote international co-operation and to achieve international peace and security

by the acceptance of obligations not to resort to war

by the prescription of open, just and honourable relations between nations

by the firm establishment of the understandings of international law as the actual rule of conduct among Governments, and

by the maintenance of justice and a scrupulous respect for all treaty obligations in the

dealings of organised peoples with one another

Agree to this Covenant of the League of Nations.

Article 1.

The original Members of the League of Nations shall be those of the Signatories which are named in the Annex to this Covenant and also such of those other States named in the Annex as shall accede without reservation to this Covenant. Such accession shall be effected by a Declaration deposited with the Secretariat within two months of the coming into force of the Covenant Notice thereof shall be sent to all other Members of the League.

Any fully self-governing State, Dominion, or Colony not named in the Annex may become a Member of the League if its admission is agreed to by two-thirds of the Assembly provided that it shall give effective guarantees of its sincere intention to observe its international obligations, and shall accept such regulations as may be prescribed by the League in regard to its military, naval, and air forces and armaments.

Any Member of the League may, after two years' notice of its intention so to do, withdraw from the League, provided that all its international obligations and all its obligations under this Covenant shall have been fulfilled at the time of its withdrawal.

Article 2.

The action of the League under this Covenant shall be

effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat.

Article 3.

The Assembly shall consist of Representatives of the Members of the League.

The Assembly shall meet at stated intervals and from time to time as occasion may require at the Seat of the League or at such other place as may be decided upon.The Assembly may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.

At meetings of the Assembly each Member of the League shall have one vote, and may not have more than three Representatives.

Article 4.

The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly from time to time in its discretion. Until the appointment of the Representatives of the four Members of the League first selected by the Assembly, Representatives of Belgium, Brazil, Spain, and Greece shall be members of the Council.

With the approval of the majority of the Assembly, the Council may name additional Members of the League whose

Representatives shall always be members of the Council; the Council with like approval may increase the number of Members of the League to be selected by the Assembly for representation on the Council.

The Council shall meet from time to time as occasion may require, and at least once a year, at the Seat of the League, or at such other place as may be decided upon.

The Council may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.

Any Member of the League not represented on the Council shall be invited to send a Representative to sit as a member at any meeting of the Council during the consideration of matters specially affecting the interests of that Member of the League.

At meetings of the Council, each Member of the League represented on the Council shall have one vote, and may have not more than one Representative.

Article 5.

Except where otherwise expressly provided in this Covenant or by the terms of the present Treaty, decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting.

All matters of procedure at meetings of the Assembly or of the Council, including the appointment of Committees to investigate particular matters, shall be regulated by the Assembly or by the Council and may be decided by a

majority of the Members of the League represented at the meeting.

The first meeting of the Assembly and the first meeting of the Council shall be summoned by the President of the United States of America.

(Articles 6 and 7 follow here.)

Article 8.

The Members of the League recognise that the maintenance of peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations. . . .

The Members of the League undertake to interchange full and frank information as to the scale of their armaments, their military, naval, and air programmes and the condition of such of their industries as are adaptable to war-like purposes.

(Article 9 follows here.)

Article 10.

The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.

Article 11.

Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared

a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency should arise the Secretary General shall on the request of any Member of the League forthwith summon a meeting of the Council.

It is also declared to be the friendly right of each Member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.

Article 12.

The Members of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or to inquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council.

In any case under this Article the award of the arbitrators shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute.

Article 13.

The Members of the League agree that whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration and which cannot

be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration.

Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made or any such breach, are declared to be among those which are generally suitable for submission to arbitration.

For the consideration of any such dispute the court of arbitration to which the case is referred shall be the Court agreed on by the parties to the dispute or stipulated in any convention existing between them.

The Members of the League agree that they will carry out in full good faith any award that may be rendered, and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such an award, the Council shall propose what steps should be taken to give effect thereto.

Article 14.

The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it. The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly.

Article 15.

If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration in accordance with Article 13, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary General, who will make all necessary arrangements for a full investigation and consideration thereof.

For this purpose the parties to the dispute will communicate to the Secretary General, as promptly as possible, statements of their case with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.

The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereof as the Council may deem appropriate.

If the dispute is not thus settled, the Council either unanimously or by a majority vote shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard thereto.

Any Member of the League represented on the Council may make public a statement of the facts of the dispute and of its conclusions regarding the same.

If a report by the Council is unanimously agreed to by the members thereof other than the Representatives of

one or more of the parties to the dispute, the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report.

If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.

If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.

The Council may in any case under this Article refer the dispute to the Assembly. The dispute shall be so referred at the request of either party to the dispute, provided that such request be made within fourteen days after the submission of the dispute to the Council.

In any case referred to the Assembly, all the provisions of this Article and of Article 12 relating to the action and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute shall have the same force as a report by the Council

concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute.

Article 16.

Should any Member of the League resort to war in disregard of its covenants under Articles 12, 13, or 15, it shall ipso facto be deemed to have committed an act of war against all other Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nations and the nationals of the covenant-breaking State, and the prevention of all financial, commercial, or personal intercourse between the nationals of the covenant-breaking State and the nationals of any other State, whether a Member of the League or not.

It shall be the duty of the Council in such case to recommend to the several Governments concerned what effective military, naval, or air force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.

The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article, in order to minimise the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the covenant-breaking State, and that they will take the necessary steps to afford passage through

their territory to the forces of any of the Members of the League which are co-operating to protect the covenants of the League.

Any Member of the League which has violated any covenant of the League may be declared to be no longer a Member of the League by a vote of the Council concurred in by the Representatives of all the other Members of the League represented thereon.

(Article 17 follows here.)

Article 18.

Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.

Article 19.

Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.

Article 20.

The Members of the League severally agree that this Covenant is accepted as abrogating all obligations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter

enter into any engagements inconsistent with the terms thereof.

In case any Member of the League shall, before becoming a Member of the League, have undertaken any obligations inconsistent with the terms of this Covenant, it shall be the duty of such Member to take immediate steps to procure its release from such obligations.

Article 21.

Nothing in this Covenant shall be deemed to affect the validity of international engagements, such as treaties of arbitration or regional understandings like the Monroe doctrine, for securing the maintenance of peace.

Article 22.

To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.

The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility, and who are willing to accept

it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.

The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions, and other similar circumstances.

Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic, and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade and commerce of other Members of the League.

There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilisation, or their

geographical contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population.

In every case of mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge.

The degree of authority, control, or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.

A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates.

Article 23.

Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League: . . .

2. undertake to secure just treatment of the native inhabitants of territories under their control;

3. will entrust the League with the general supervision over the execution of agreements with regard to the traffic in women and children, and the traffic in opium and other dangerous drugs; . . .

(Article 24 to 118 inclusive follow here.)

Section I.
German Colonies.

Article 119.

Germany renounces in favour of the Principal Allied and Associated Powers all her rights and titles over her oversea possessions.

(Articles 120 to 170 inclusive follow here.)

Article 171.

The use of asphyxiating, poisonous or other gases and all analogous liquids, materials or devices being prohibited, their manufacture and importation are strictly forbidden in Germany.

The same applies to materials specially intended for the manufacture, storage and use of the said products or devices.

The manufacture and the importation into Germany of armoured cars, tanks and all similar constructions suitable for use in war are also prohibited.

(Article 172 to 294 inclusive follow here.)

Article 295.

Those of the High Contracting Parties who have not yet signed, or who have signed but not yet ratified, the Opium Convention signed at The Hague on January 23, 1912,

agree to bring the said Convention into force, and for this purpose to enact the necessary legislation without delay and in any case within a period of twelve months from the coming into force of the present Treaty.

Furthermore, they agree that ratification of the present Treaty should in the case of Powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that Convention and to the signature of the Special Protocol which was opened at The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing the said Convention into force. . . .

(Articles 296 to 440 inclusive follow here.)

RATIFICATIONS

The following Powers signed and ratified the Treaty of Peace of 1919:

Japan British Empire Canada Australia New Zealand India China France Portugal Thailand Germany

Belgium Bolivia Brazil South Africa Cuba Greece Guatemala Haiti Honduras Italy Liberia Nicaragua Panama Peru Poland Rumania Serb-Croat-Slovene State       or Yugoslavia Czecho-Slovakia Uruguay

The Following Neutral Powers originally acceded to the Covenant of the League of Nations which was Part I of that Treaty:

Argentina Chile Colombia Denmark Netherlands Norway

Persia Paraguay Salvador Spain Sweden Switzerland Venezuela

The following Powers became Members of the League of Nations in the years indicated:

Albania Austria Bulgaria Costa Rica Finland Luxembourg Germany

1920 1920 1920 1920 1920 1920 1926

Estonia Latvia Lithuania Hungary Irish Free State Abyssinia San Domingo

1921 1921 1921 1922 1923 1923 1924

Therefore, all the foregoing Powers became and were Members of the League of Nations prior to 1927. The following Powers became Members of the League at a later date:

U.S.S.R. Afghanistan Egypt

Mexico Turkey

Sixty-three Nations, being all of the Powers of the World, except the U.S.A. and Saudi Arabia, at one time or another became Members of the League.

Annex No. B-7
Judgment
International Military Tribunal for the Far East

Convention
Japanese-American Mandate Convention
(Signed at Washington, 11 February 1922)

The United States of America and Japan;

Considering that by Article 119 of the Treaty of Versailles, signed on June 28, 1919, Germany renounced in favor of the Powers described in that Treaty as the Principal Allied and Associated Powers, to wit, the United States of America, the British Empire, France, Italy and japan, all her rights and titles over her oversea possessions;

Considering that the benefits accruing to the United States under the aforesaid Article 119 of the Treaty of Versailles were confirmed by the Treaty between the United States and Germany, singed on August 25, 1921, to restore friendly relations between the two nations;

Considering that the said four Powers, to wit, the British Empire, France, Italy and Japan, have agreed to confer upon His Majesty the Emperor of Japan an mandate, pursuant to the Treaty of Versailles, to administer the groups of the former German Islands in the Pacific Ocean lying north of the Equator, in accordance with the following provisions:

Article 1. The islands over which a Mandate is conferred upon His Majesty the Emperor of Japan (hereinafter called the Mandatory) comprise all the former German islands situated in the Pacific Ocean and lying north of the Equator.

Article 2. The Mandatory shall have full power of administration and legislation over the territory subject to the present Mandate as an integral portion of the Empire of Japan, and may apply the laws of the Empire of Japan to the territory, subject to such local modifications as circumstances may require.

The Mandatory shall promote to the utmost the material and moral well-being and the social progress of the inhabitants of the territory subject to the present Mandate.

Article 3. The Mandatory shall see that the slave trade is prohibited and that no forced labour is permitted, except for essential public works and services, and then only for adequate remuneration.

The Mandatory shall also see that the traffic in arms and ammunition is controlled in accordance with principles analogous to those laid down in the Convention relations to the control of the arms traffic, signed on September 10th, 1919, or in any convention amending same.

The supply of intoxicating spirits and beverages to the natives shall be prohibited.

Article 4. The military training of the natives, otherwise than for purposes of internal police and the local defence of the territory, shall be prohibited. Furthermore, no military of naval bases shall be established or fortifications erected in the territory.

Article 5. Subject to the provisions of any local law for the maintenance of public order and public morals, the Mandatory shall ensure in the territory freedom of conscience and the free exercise of all forms of worship,

and shall allow all missionaries, nationals or any State Member of the League of Nations, to enter into, travel and reside in the territory for the purpose of prosecuting their calling.

Article 6. The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council, containing full information with regard to the territory, and indicating the measures taken to carry out the obligations assumed under Articles, 2, 3, 4, and 5.

Article 7. The consent of the Council of the League of Nations is required for any modification of the terms of the present mandate.

The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another member of the League of Nations relating to the interpretation or the application of the provisions of the Mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations;

Considering that the United States did not ratify the Treaty of Versailles and did not participate in the agreement respecting the aforesaid Mandate;

Desiring to reach a definite understanding with regard to the rights of the two Governments and their respective nationals in the aforesaid islands, and in particular the Island of Yap, have resolved to conclude a convention for that purpose and to that end have named as their Plenipotentiaries:

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

His Majesty the Emperor of Japan: Baron Kijuro Shidehara, His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington;

Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed as follows:

Article I.

Subject to the provisions of the present Convention, the United States consents to the administration by Japan, pursuant to the aforesaid Mandate, or all the former German Islands in the Pacific Ocean, lying north of the Equator.

Article II.

The United States and its nationals shall receive all the benefits of the engagements of Japan, defined in Articles 3, 4 and 5 of the aforesaid Mandate, notwithstanding the fact that the United States in not a Member of the League of Nations.

It si further agreed between the High Contracting Parties as follows:

1. Japan shall insure in the islands complete freedom of conscience and the free exercise of all forms of worship which are consonant with public order and morality; American missionaries of all such religions shall be free to enter the islands and to travel and reside therein, th acquire and possess property, to erect religious buildings and to open schools throughout the islands; it being understood, however,

that Japan shall have the right to exercise such control as may be necessary for the maintenance of public order and good government and to take all measures required for such control.
2. Vested American property rights in the mandated islands shall be respected and in no way impaired;

3. Existing treaties between the United States and Japan shall be applicable to the mandated islands;

4. Japan will address to the United States a duplicate of the annual report on the administration of the Mandate to be made by Japan to the Council of the League of Nations;

5. Nothing contained in the present Convention shall be affected by any modification which may be made in the terms of the Mandate as recited in the Convention, unless such modification shall have been expressly assented to by the United States.

Article III.

The United States and its nationals shall have free access to the Island of Yap on a footing of entire equality with Japan or any other nations and their respective nationals in all that relates to the landing and operation of the existing Yap-Guam cable or any cable which may hereafter be laid or operated by the United States or by its nationals connecting with the Island of Yap.

The rights and privileges embraced by the preceding paragraph shall also be accorded to the Government of the United States and its national with respect to radio-

telegraphic communication; provided, however, that so long as the Government of Japan shall maintain on the Island of Yap an adequate radio-telegraphic station, cooperating effectively with the cables and with other radio stations on ships or on shore, without discriminatory exactions or preferences, the exercise of the right to establish radio-telegraphic stations on the Island by the United States or its nationals shall be suspended.

Article IV.

In connection with the rights embraced by Article III, specific rights, privileges and exemptions, in so far as they relate to electrical communications, shall be enjoyed in the Island of Yap by the United States and its nationals in terms as follows:

1. Nationals of the United States shall have the unrestricted right to reside in the Island, and the United States and its nationals shall have the right to acquire and hold on a footing of entire equality with Japan or any other nation or their respective nationals all kinds of property and interests, both personal and real, including lands, buildings, residences, offices, works and appurtenances.

2. Nationals of the United States shall not be obliged to obtain any permit or license in order to be entitled to land and operate cables on the Island, or to establish radio-telegraphic service, subject to the provisions of Article III, or to enjoy any of the rights and privileges embraced by this Article and by Article III.

3. No censorship or supervision shall be exercised over cable or radio messages or operations.

4. Nationals of the United States shall have complete freedom of entry and exit in the Island for their persons and property.

5. No taxes, sport, harbour, or landing charges or exactions of any nature whatsoever, shall be levied either with respect to the operation of cables or radio stations, or with respect to property, persons or vessels.

6. No discriminatory police regulations shall be enforced.

7. The Government of Japan will exercise its power of expropriation in the Island to secure to the United States or its nationals needed property and facilities for the purpose of electrical communications if such property of facilities cannot otherwise be obtained.

   It is understood that the location and the area of land so to be expropriated shall be arranged between the two Governments according to the requirements of each case. Property of the United States or of its nationals and facilities for the purpose of electrical communication in the Island shall not be subject to expropriation.

Article V.

The present Convention shall be ratified by the High Contracting Parties in accordance with their respective constitutions. The ratifications of this Convention shall be exchanged in Washington as soon as practicable, and it shall take effect on the date of the exchange of the ratifications.

In Witness Whereof, the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.

Done in duplicate at the City of Washington, this eleventh day of February, one thousand nine hundred and twenty-two.

Charles Evans Hughes [Seal]
K. Shidehara [Seal]

And whereas the said Convention , has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the thirteenth day of July, one thousand nine hundred and twenty-two;

Now, therefore, be it known that I, Warren G. Harding, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city fo Washington, this thirteenth day of July, in the year of our Lord one thousand nine hundred and twenty-two, and of the Independence of the United States the one hundred and forty-seventh.

Warren G. Harding

[Seal]

By the President:
Charles E. Hughes
Secretary of State.

(Exchange of Notes.)

(The Japanese Ambassador to the Secretary of STate.)

Japanese Embassy,
Washington, February 11, 1922.

Sir:

IN proceeding this day to the signature of the Convention between Japan and the United States with respect to the islands, under Japan's Mandate, situated in the Pacific Ocean and lying north of the Equator, I have the honor to assure you, under authorization of my Government, that the usual comity will be extended to nationals and vessels of the United States in visiting the harbors and waters of those islands.

Accept, Sir, the renewed assurances of my highest consideration.

K. Shidehara.

Honorable Charles E. Hughes,
Secretary of State.

---

(The Secretary of State to the Japanese Ambassador.)

Department of State
Washington, February 11, 1922.

Excellency:

I have the honor to acknowledge the receipt of Your Excellency;'s Note under date of February 11, 1922, stating that the Japanese Government are quite willing to extend to American nationals and vessels the usual comity in visiting the harbors and waters of the Japanese mandated islands.

Accept, Excellency, the renewed assurances of my highest consideration.

Charles E. Hughes.

His Excellency
Baron Kijuro Shidehara,
Ambassador of Japan.

(The Secretary of State to the Japanese Ambassador.)

Department of State
Washington, February 11, 1922.

Excellency:

In proceeding this day to the signature of the Convention between the United States and Japan with respect to former German Possessions under a Mandate to Japan, I have the honor to state that if in the future the Government of the United States should have occasion to make any commercial treaties applicable to Australia and New Zealand, it will seek to obtain an extension of such treaties to the Mandated islands south of the Equator, now under the Administration of those Dominions. I should add that the Government of the United States has not yet entered into a convention for the giving of its consent to the Mandate with respect to these islands.

I have the honor further to state that it is the intention of the Government of the United States, in making conventions, relating to former German territories under mandate, to request that the governments holding mandates should address to the United States, as one of the Principal Allied and Associated Powers, duplicates of the annual reports of the administration of their mandates.

Accept, Excellency, the renewed assurance of my highest consideration.

Charles E. Hughes.

His Excellency
Baron Kijuro Shidehara,
Ambassador of Japan.

(The Japanese Ambassador to the Secretary of State.)

Japanese Embassy,
Washington, February 11, 1922.

Sir:

I have the honor to acknowledge the receipt of your note of this date, stating that if in the future the Government of the United States should have occasion to make any commercial treaties applicable to Australia and New Zealand, it will seek to obtain an extension of such treaties to the islands south of the Equator, under the mandate of Australia and New Zealand, and further that it is the intention of the Government of the United States, in making hereafter conventions relating to former German territories under mandate, to request that the Mandatories should address to the United States, as one of the Principal Allied and Associated Powers, duplicates of the annual reports on the administration of such mandated territories.

In taking note of your communication under acknowledgment, I beg you, Sir, to accept the renewed assurances of my highest consideration.

K. Shidehara.

Honorable Charles E. Hughes,
Secretary of State.

Annex No. B-8
Judgment
International Military Tribunal for the Far East

Four-Power Treaty
(Signed at Washington, 13 December 1921)

The United States of America, the British Empire, France and Japan,

With a view to the preservation of the general peace and the maintenance of their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean,

Have determined to conclude a Treaty to this effect and have appointed as their Plenipotentiaries:

(A list of the plenipotentiaries follows here.)

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

I.

The High Contracting Parties agree as between themselves to respect their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean.

If there should develop between any of the High Contracting Parties a controversy arising out of any Pacific question and involving their said rights which is not satisfactorily settled by diplomacy and is likely to affect

the harmonious accord now happily subsisting between them, they shall invite the other High Contracting Parties to a joint conference to which the whole subject will be referred for consideration and adjustment.

II.

If the said rights are threatened by the aggressive action of any other Power, the High Contracting Parties shall communicate with one another fully and frankly in order to arrive at an understanding as to the most efficient measures to be taken, jointly or separately, to meet the exigencies of the particular situation.

III.

This Treaty shall remain in force for ten years from the time it shall take effect, and after the expiration of said period it shall continue to be in force subject to the right of any of the High Contracting Parties to terminate it upon twelve months' notice.

IV.

This Treaty shall be ratified as soon as possible in accordance with the constitutional methods of the High Contracting Parties and shall take effect on the deposit of ratifications, which shall take place at Washington, and thereupon the agreement between Great Britain and Japan, which was concluded at London on July 13, 1911, shall terminate. The Government of the United States will

transmit to all the Signatory Powers a certified copy of the proces-verbal of the deposit of ratifications.

The present Treaty, in French and in English, shall remain deposited in the Archives of the Government of the United States, and duly certified copies thereof will be transmitted by that Government Waco of the Signatory Powers.

In faith whereof the above named Plenipotentiaries have signed the present Treaty.

Done at the City of Washington, the thirteenth day of December, One Thousand Nine Hundred and Twenty-One.

RATIFICATIONS

The following Powers deposited instruments of ratification at Washington on the dates indicated:

U.S.A. British Empire France Japan

17 August 1923 17 August 1923 17 August 1923 17 August 1923

Annex No. B-8-a
Judgment
International Military Tribunal for the Far East

Declaration
Following the Four-Power Treaty

In signing the Treaty this day between The United States of America, The British Empire, France and Japan, it is declared to he the understanding and intent of the Signatory Powers:

1. That the Treaty shall apply to the Mandated Islands in the Pacific Ocean, provided; however that the making of the Treaty shall not be deemed to be an assent on the part of The United States of America to the mandates and shall not preclude agreements between The United states of America and the Mandatory Powers respectively in relation to the mandated islands.

2. That the controversies to which the second paragraph of Article 1 refers shall not be taken to embrace questions which according to principles of international law lie exclusively within the domestic jurisdiction of the respective Powers.

Washington, D.C. December 13, 1921

SIGNATURES

This Declaration was signed by the following Powers:

U.S.A.
Japan
Great Britain
France

Annex No. B-8-b
Judgment
International Military Tribunal for the Far East

Supplement to Four-Power Treaty
(Signed at Washington, 6 February 1922)

The United States of America, the British Empire, France and Japan have, through their respective Plenipotentiaries, agreed upon the following stipulations supplementary to the Quadruple Treaty signed at Washington on December 13, 1921:

The term 'insular possessions and insular dominions' used in the aforesaid Treaty shall, in its application to Japan, include only Karafuto (or the Southern portion of the island of Sakhalin), Formosa and the Pescadores, and the islands under the mandate of Japan.

The present agreement shall have the same force and effect as the said Treaty to which it is supplementary.

The provisions of Article IV of the aforesaid Treaty of December 13, 1921, relating to ratification shall be applicable to the present Agreement, which in French and English shall remain deposited in the Archives of the GOvernment of the United States, and duly certified copies thereof shall be transmitted by the Government to each of the other Contracting Powers.

In faith whereof the respective Plenipotentiaries have signed the present Agreement.

Done at the City of Washington, the sixth day of February, One Thousand Nine Hundred and Twenty-two.

RATIFICATIONS

The following Powers deposited instruments of ratification at Washington on the dates indicated:

U.S.A. British Empire France Japan

17 August 1923 17 August 1923 17 August 1923 17 August 1923

Annex No. B-8-c
Judgment
International Military Tribunal for the Far East

Four-Power Assurance
Japan's Declaration to the Netherlands
(Dated 6 February 1922)
(Published 17 August 1923)

Japan has concluded on December 13th, 1921, with the United States of America, the British Empire and France a treaty with a view to the preservation of the general peace and the maintenance of their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean. They have agreed thereby as between themselves to respect their rights in relation to these possessions and dominions.

The Netherlands not being a signatory of the said treaty and the Netherlands possessions in the region of the Pacific Ocean therefore not being included in the agreement referred to, the Government of Japan, anxious to forestall any conclusion contrary to the spirit of the treaty, desires to declare that it is firmly resolved to respect the rights of the Netherlands in relation to her insular possessions in the region of the Pacific Ocean.

Annex No. B-8-d
Judgment
International Military Tribunal for the Far East

Four Power Assurance
Japan's Declaration to Portugal
(Dated 6 February 1922)
(Published 17 August 1923)

Japan has concluded on December 13th, 1921, with the United States of America, the British Empire and France a treaty with a view to the preservation of the general peace and the maintenance of their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean. They have agreed thereby as between themselves to respect their rights in relation to these possessions and dominions.

Portugal not being a signatory of the said treaty and Portuguese possessions in the region of the Pacific Ocean therefore not being included in the agreement referred to, the Government of Japan, anxious to forestall any conclusion contrary to the spirit of the treaty, desires to declare that it is firmly resolved to respect the rights of Portugal in relation to her insular possessions in the region of the Pacific Ocean.

Annex No. B-9
Judgment
International Military Tribunal for the Far East

Washington Treaty
For Limitation of Naval Armament
(Signed at Washington, 6 February 1922)

The United States of America, the British Empire, France, Italy and Japan:

Desiring to contribute to the maintenance of the general peace, and to reduce the burdens of competition in armament;

Have resolved, with a view to accomplishing these purposes, to conclude a treaty to limit their respective naval armament, and to that end have appointed as their Plenipotentiaries;

(Plenipotentiaries listed.)

Who, having communicated to each other their respective full powers, found to be in good and due form, have agreed as follows:

(Articles I to XVIII inclusive follow here.)

Article XIX.

The United States, the British Empire and Japan agree that the status quo at the time of the signing of the present Treaty, with regard to fortifications and naval bases, shall be maintained in their respective territories and possessions specified hereunder:

(1) The insular possessions which the United States now holds or may hereafter acquire in the Pacific Ocean, except (a) those adjacent to the coast of the United States,

Alaska and the Panama Canal Zone, not including the Aleutian Islands, and (b) the Hawaiian Islands;

(2) Hong Kong and the insular possessions which the British Empire now holds or may hereafter acquire in the Pacific Ocean, east of the meridian of 110° east longitude, except (a) those adjacent to the coast of Canada, (b) the Commonwealth of Australia and its Territories, and (c) New Zealand;

(3) The following insular territories and possessions of Japan in the Pacific Ocean, to wit: the Kurile Islands, the Bonin Islands, Amami-Oshima, the Loochoo Islands, Formosa and the Pescadores, and any insular territories or possessions in the Pacific Ocean which Japan may hereafter acquire.

The maintenance of the status quo under the foregoing provisions implies that no new fortifications or naval bases shall be established in the territories and possessions specified; that no measures shall be taken to increase the existing naval facilities for the repair and maintenance of naval forces, and that no increase shall be made in the coast defences of the territories and possessions above specified. This restriction, however, does not preclude such repair and replacement of worn-out weapons and equipment as is customary in naval and military establishments in time of peace.

(Articles XX to XXII inclusive follow here.)

Article XXIII

The present Treaty shall remain in force until December 31st, 1936, and in case none of the Contracting

Powers shall have given notice two years before that date of its intention to terminate the treaty, it shall continue in force until the expiration of two years from the date on which notice of termination shall be given by one of the Contracting Powers, whereupon the Treaty shall terminate as regards all the Contracting Powers. Such notice shall be communicated in writing to the Government of the United States, which shall immediately transmit a certified copy of the notification to the other Powers and inform them of the date on which it was received. The notice shall be deemed to have been given and shall take effect on that date. In the event of notice of termination being given by the Government of the United States, such notice shall be given to the diplomatic representatives at Washington of the other Contracting Powers, and the notice shall be deemed to have been given and shall take effect on the date of the communication made to the said diplomatic representatives.

Within one year of the date on which a notice of termination by any Power has taken effect, all the Contracting Powers shall meet in conference.

(Article XXIV follows here.)

RATIFICATIONS

The Treaty was duly ratified by the following Powers:

Japan
U.S.A.
British Empire
France
Italy

Annex No. B-10
Judgment
International Military Tribunal for the Far East

Nine Power Treaty
(Signed at Washington, 6 February 1922)

The United States of America, Belgium, the British Empire, China, France, Italy, Japan, the Netherlands and Portugal:

Desiring to adopt a policy designed to stabilize conditions in the Far East, to safeguard the rights and interests of China, and to promote intercourse between China and the other Powers upon the basis of equality of opportunity;

Have resolved to conclude a treaty for that purpose and to that end have appointed as their respective Plenipotentiaries;

(A list of the plenipotentiaries follows here.)

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

ARTICLE I

The Contracting Powers, other than China, agree:

(1) To respect the sovereignty, the independence, and the territorial and administrative integrity of China;

(2) To provide the fullest and most unembarrassed opportunity to China to develop and maintain for herself an effective and stable government;

(3) To use their influence for the purpose of effectually establishing and maintaining the principle of equal opportunity for the commerce and industry of all nations throughout the territory of China;

(4) To refrain from taking advantage of conditions in China in order to seek special rights or privileges which would abridge the rights of subjects or citizens of friendly States, (3) and from countenancing action inimical to the security of such States.

ARTICLE II

The Contracting Powers agree not to enter into any treaty, agreement, arrangements or understanding, either with one another, or, individually or collectively, with any Power or Powers, which would infringe or impair the principles stated in Article I.

ARTICLE III

With a view to applying more effectually the principles of the Open Door or equality of opportunity in China for the trade and industry of all nations, the Contracting Powers, other than China, agree that they will not seek, nor support their respective nationals in seeking-

(a) any arrangement which might purport to establish in favour of their interests any general superiority of rights with respect to commercial or economic development in any designated region of China;

(b) any such monopoly or preference as would deprive the nationals of any other Power of the right of undertaking

any legitimate trade or industry in China, or of Participating with the Chinese Government, or with any local authority, in any category of public enterprise, or which by reason of its scope, duration or geographical extent is calculated to frustrate the practical application of the principle of equal opportunity.

It is understood that the foregoing stipulations of this Article are not to be so construed as to prohibit the acquisition of such properties or rights as may be necessary to the conduct of a particular commercial, industrial, or financial undertaking or to the encouragement of invention and research.

China undertakes to be guided by the principles stated in the foregoing stipulations of this Article in dealing with applications for economic rights and privileges from Governments and nationals of all foreign countries, whether parties to the present Treaty or not.

ARTICLE IV

The Contracting Powers agree not to support any agreements by their respective nationals with each other designed to create Spheres of Influence or to provide for the enjoyment of mutually exclusive opportunities in designated parts of Chinese territory.

ARTICLE V

China agrees that, throughout the whole of the railways in China, she will not exercise or permit unfair discrimination of any kind. In particular there shall be no discrimination whatever, direct or indirect, in respect of

charges or of facilities on the ground of the nationality of passengers or the countries from which or to which they are proceeding, or the origin or ownership of goods or the country from which or to which they are consigned, or the nationality or ownership of the ship or other means of conveying such passengers or goods before or after their transport on the Chinese Railways.

The Contracting Powers, other than China, assume a corresponding obligation in respect of any of the aforesaid railways over which they or their nationals are in a position to exercise any control in virtue of any concession, special agreement or otherwise.

ARTICLE VI

The Contracting Powers, other than China, agree fully to respect China's rights as a neutral in time of war to which China is not a party; and China declares that when she is a neutral she will observe the obligations of neutrality.

ARTICLE VII

The Contracting Powers agree that, whenever a situation arises which in the opinion of any one of them involves the application of the stipulations of the present Treaty, and renders desirable discussion of such application, there shall be full and frank communication between the Contracting Powers concerned.

(Articles VIII to IX inclusive follow.)

In faith whereof the above-named Plenipotentiaries have signed the present Treaty.

RATIFICATIONS

The following Powers deposited instruments of ratification of the Treaty at Washington on the dates indicated:

Japan U.S.A. Belgium British Empire China France Italy Netherlands Portugal

5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925

Annex No. B-11
Judgment
International Military Tribunal for the Far East

Convention
For Suppression of the Abuse of Opium
and Other Drugs
(Signed at The Hague, 23 January 1912)

His Majesty the German Emperor, Kink of Prussia, in the name of the German Empire; the President of the United States of America; His Majesty the Emperor of China; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions Beyond The Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Majesty the Queen of the Netherlands; His Imperial Majesty the Shah of Persia; the President of the Portuguese Republic; His Majesty the Emperor of all the Russias; His Majesty the King of Siam,

Being desirous of advancing a step further on the road opened by the International Commission of Shanghai of 1909;

Resolved to pursue progressive suppression of the abuse of opium, morphine, and cocaine as also of the drugs prepared or derived from these substances, which give rise or might give rise to similar abuses;

Taking into consideration the necessity and the mutual advantage of an international agreement on this point;

Being convinced that they will meet in this humanitarian endeavour with the unanimous adherence of all the States interested;

Have decide to conclude a convention with this object, and have appointed as their Plenipotentiaries, to wit:

(A list of the plenipotentiaries follows here.)

Who after having deposited their full powers which have been found to be in good and due form are agreed to that which follows:

(Articles 1 to 5 inclusive follow here.)

Article 6.

The contracting Powers shall take measures for the gradual and efficacious suppression of the manufacture, the internal traffic in, and use of prepared opium, in so far as the different conditions peculiar to each nation shall allow of this, unless existing measures have already regulated the matter.

Article 7.

The contracting Powers shall prohibit the importation and exportation of prepared opium; However, those nations which are not yet ready to prohibit the exportation of prepared opium at once, shall prohibit such exportation as soon as possible.

Article 8.

The contracting Powers which are not yet ready to prohibit immediately the export of prepared opium:

1. shall restrict the number of towns, ports, or other places through which it shall be possible for prepared opium to be exported;

2. shall prohibit the exportation of prepared opium to the countries which now prohibit, or which shall later prohibit the importation thereof;

3. shall prohibit, in the meanwhile, that any prepared opium be sent to a country which desires to limit the entry thereof unless the exporter shall conform to the regulations of the importing country;

4. shall take measures to the effect that every package exported containing prepared opium shall bear a special mark indicating the nature of its contents;

5. shall not permit the exportation of prepared opium except through the agency of persons especially authorized.

(Articles 9 to 14 inclusive follow here.)

Article 15.

The contracting Powers having treaties with China (Treaty Powers), shall take, on concert with the Chinese Government, the measures necessary for the prevention of the smuggling, as well with respect to Chinese territory as with respect to their colonies in the Far East and the

leased territories which they occupy in China, of raw and prepared opium, morphine, cocaine, and their respective salts, as well as of the substances indicated in Article 14 of the present convention. On its side the Chinese Government shall take analogous measures for the suppression of the smuggling of opium and the other substances hereinbefore indicated, from China to the foreign colonies and leased territories.

Article 16.

The Chinese Government shall promulgate pharmacy laws for its subjects, regulating the sale and distribution of morphine, cocaine, and their respective salts, and of the substances indicated in Article 14 of the present convention, and shall communicate these laws to the Governments having treaties with China, through the intermediary of their diplomatic representatives at Pekin. The Contracting Powers having treaties with China shall examine these laws and, if they find them acceptable, shall take the necessary measures to the end that they be applied to their nationals residing in China.

Article 17.

The contracting Powers having treaties with China shall take undertake to adopt the measures necessary for the restraint and control the opium-smoking habit in their leased territories, 'settlements', and concessions in China, to suppress, pari passu with the Chinese Government,

the opium divans or similar establishments which may still exist there, and to prohibit the use of opium in houses of amusement and of prostitution.

Article 18.

The contracting Powers having treaties with China shall take effective measures for the gradual reduction, pari passu with the effective measures which the Chinese Government shall take to the same end, of the number of shops intended for the sale of raw and prepared opium, which may still exist in their leased territories, settlements, and concessions in China. They shall adopt efficacious measures for the restraint and control of the retail trade in opium in the leased territories, settlements, and concessions, unless existing measures have already regulated the matter.

Article 19

The Contracting Powers who have post-offices in China shall adopt efficacious measures to prohibit the illegal importation into China, in the guise of a postal package, as well as the illegal transmission from one locality to another in China through the intermediary of these post-offices, of opium, whether raw or prepared, of morphine and of cocaine and their respective salts, and of the other substances indicated in Article 14 of the present Convention.

(Articles 20 to 24 inclusive follow here.)

Article 25.

If it should happen that one of the Contracting Powers should wish to denounce the present Convention, such denunciation shall be notified in writing to the Netherlands Government, who shall immediately communicate a certified copy in conformity with such notification to the other Powers, informing them at the same time as to the date on which it received such notification.

The denunciation shall have no effect except with respect to the Power who shall have given notice thereof and one year after such notice shall have reached the Netherlands Government.

In witness whereof, the Plenipotentiaries have affixed their signatures to the present Convention.

Done at The Hague, January 23, 1912, in one single copy, which shall remain deposited in the archives of the Government of the Netherlands, and copies of which, certified in conformity, shall be delivered through diplomatic channels to all the Powers represented at the conference.

(Here follow signatures.)

RATIFICATIONS

The following Powers deposited instruments of ratification of the Convention and signed the Final Protocol at The Hague on the dates indicated:

Japan China France Great Britain      India      Canada      New Zealand      Australia Netherlands U.S.S. Albania Austria Belgium Bolivia Brazil Bulgaria Chile Columbia Costa Rica Cuba Czecho-Slovakia Free City of Danzig Denmark & Iceland Dominican Republic Ecuador El Salvador Estonia Finland Germany Greece Guatemala Haiti Honduras Hungary Italy Latvia Liberia Liechtenstein Luxembourg Mexico Monaco Nicaragua Norway Panama Peru

10 January 1920 9 February 1914 10 January 1920 15 July 1914           "           "           "           " 28 July 1914 15 December 1913 3 February 1925 16 July 1920 16 June 1914 10 January 1920 23 December 1914 9 August 1920 16 August 1923 26 June 1924 1 August 1924 8 March 1920 10 March 1920 18 April 1922 10 July 1913 7 June 1923 25 February 1915 19 September 1922 20 April 1923 16 May 1922 10 January 1920 30 March 1920 27 August 1913 30 June 1920 29 August 1913 26 July 1921 28 June 1914 25 March 1924 30 June 1920 15 July 1936 21 August 1922 2 April 1925 20 February 1925 10 November 1914 12 November 1914 25 November 1920 10 January 1920

Poland Portugal & Portuguese East Africa Rumania Thailand Spain Sweden Switzerland Turkey Uruguay Venezuela Yugoslavia

10 January 1920 15 December 1913 14 September 1920 10 July 1913 25 January 1919 17 April 1914 15 January 1925 15 September 1933 3 April 1916 28 October 1913 10 February 1920

The following Powers adhered to the Convention on the dates indicated:

Afghanistan Belgian Congo Egypt Paraguay Ruanda Urundi Saudi Arabia

5 May 1944 29 July 1942 5 June 1942 17 March 1943 19 February 1943 19 February 1943

Annex No. B-12
Judgment
International Military Tribunal for the Far East

Convention
Second Opium Conference of the League
(Signed at Geneva, 19 February 1925)

Albania, Germany, Austria, Belgium, Brazil, The British Empire, Canada, the Commonwealth of Australia, The Union of South Africa, New Zealand, the Irish Free State and India, Bulgaria, Chile, Cuba, Denmark, Spain, France, Greece, Hungary, Japan, Latvia, Luxemburg, Nicaragua, The Netherlands, Persia, Poland, Portugal, The Kingdom of the Serbs, Croats and Slovens, Siam, Sudan, Switzerland, Czecholosvakia and Uruguay.

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 substances to which the Convention applies still continue on a great scale;

Convinced that the contraband trade in and abuse of these substances cannot 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;

Desirous 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 Plenipotentiaries:

(A list of the plenipotentiaries follows here.)

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

(Article 1 follows here.)

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 1 of the Hague Convention of 1912 of the present Convention.

(Article 3 follows here.)

Article 4.

The provisions of the present Chapter apply to the following substances:

1. Medicinal opium;
2. Crude cocaine and ocgonine;
3. Morphine, diacotylmorphine, cocaine and their respective salts;
4. All preparations official and non-official (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;
5. All preparations containing diacotylmorphine;
6. Galencial preparations (extract and tincture) of Indian hemp;
7. 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 limit exclusively the 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 those substances for any other purposes.

(Article 6 to 11 inclusive follow here.)

Article 12.

Each Contracting Party shall require a separate import authorization to be obtained for each importation of any of the substances to which the present Convention applies. Such authorization shall state the quantity to be imported, the name and address of the importer and the name and address of the exporter.

The import authorization shall specify the period within which the importation must be effected and may allow the importation of more than one consignment.

Article 13.

1. Each Contracting Party shall require a separate export authorization to be obtained for each exportation of any of the substances to which the present Convention applies. Such authorization 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 authorization, 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 authorization.

Each Contracting Party agrees to adopt, so far as possible, the form of import certificate annexed to the present Convention. . . .

(Article 14 follows here.)

Article 15.

1. No consignment of any of the substances covered by the present Convention which is exported from one country to another country shall be permitted 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 authorization (or the diversion certificate, if such a certificate has been issued in pursuance of the following paragraph) which accompanies the consignment is produced to the competent authorities of that country. . . .

(Articles 16 to 18 inclusive follow here.)

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 either persons who, by their technical competence, 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 follows here.)

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 quantities 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 concerned, 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:

1. Production of raw opium and coca leaves;

2. Manufacture of the substances covered by Chapter 111, Article 4 (b) (c) and (g) of the present Convention and the raw material used for such manufacture. The amount of such substances used for the manufacture of other derivatives not covered by the Convention shall be separately stated;

3. Stocks of the substances covered by Chapters 11 and 111 of the present Convention in the hands of wholesalers or held by the Government for consumption in the country for other than Government purposes;

4. Consumption, other than for Government

purposes, of the substances covered by Chapters 11 and 111 of the present Convention.
5. 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 (3) above shall be communicated 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 preceding three months. These statistics 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 purposes, 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 purchased by the Government for eventual sale are not regarded as held, imported or 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 authorized shall, in the 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 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 recommendation 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 prepared to act on the recommendation, explaining, if possible, why it is not prepared 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 existing Parties.

6