394
14
With regard to vessels which are not admitted to ply coast trade, it is the duty of the Italian Customs to prevent their exercising this form of traffic, and they must refuse to carry out Customs operations on their behalf, in accordance with Article 298 of the Regulations for the Execution of the Customs Laws, of February 13th, 1896, No. 65, which runs as follows:-
"The Customs must prevent vessels from plying coasting or touching trade on the coasts of the State, when such vessels fly a flag which is not admitted to that form of navigation by international treaty, and, if necessary, they must refuse to carry out Customs operations on their behalf.'
His Excellency Lord Currie,
&c.,
&c.,
&c.
I avail myself, &c.,
PRINETTI.
15
In the case of cargo boats, a list of all stores on board must be presented to the authorities, and after verification, a sufficient quantity is left out for use while in port. The remainder is then locked up and the official seal affixed, which can only be broken by a Custom House officer under penalty of a fine.
The regulations respecting the coasting trade in Brazil being applicable to national vessels alone, there is no raison d'être for legislation in this country with a view to placing foreign ships on the same footing, but when national vessels carry imported goods and stores, such are subject to precisely the same treatment as regards affixing seals, and in other respects, as when carried by foreign vessels not engaged in the coasting trade.
The Marquess of Lansdowne, K.G.,
&c., &c., &c.
I have, &c.
HENRY CROFTON LOWTHER.
20257 02
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
8
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
PUBLIC RECORD OFFICE, LONDON
(f.) Brazil.
MR. LOWTHER to the MARQUESS OF LANSDOWNE.
(No. 25.) (Commercial.)
Petropolis, April 29th, 1902.
MY LORD,
WITH reference to Your Lordship's despatch, No. 1, Commercial, of March 14th, 1902, desiring to be furnished with information as regards the regulations in force in Brazil with respect to the coasting trade, I have the honour to report as follows:-
By Article 13 of the Federal Constitution the coasting trade is restricted to Brazilian ships.
In view of this principle, decree 123 of November 11th, 1892, copy and translation of which was forwarded to Lord Rosebery in Mr. Greville's despatch No. 163, Commercial, of November 26th, 1892, was promulgated.
By this decree the Coasting trade is defined as trade between the ports of the Republic, inside these ports, and in the rivers within Brazilian territory, it being expressly stated that such commerce made by foreign ships is to be regarded as smuggling, with the following reservations:-
(a.) Unless the goods carried by them belong to the public administration. (b.) Unless they enter in one national port under sail and start with their cargo to
another within the legal delay.
(c.) Unless they come into one port and go to another with the same cargo
despatched for re-exportation.
(d.) Unless they carry only passengers with their luggage, animals, parcels, agricultural, or manufactured products of easy deterioration, and coined values.
(e.) Unless they enter in the event of famine, plague, war, and duly authorised.
Mr. Raikes, in his despatch No. 42, Commercial, of July 3rd, 1896, reported that the legislation restricting the coasting trade to Brazilian ships was to come into force after December the 5th of that year.
The idea therefore of placing national ships and overses ships on the same footing is not contemplated in the Brazilian legislation, which excludes foreign vessels from participating in the coasting trade, and consequently there is no competition between national and overses vessels in Brazilian waters. (4′-
No duty is levied on stores consumed by foreign vessels while in Brazilian waters, but any stores transferred to another ship are subject to duty as imported goods.
The practice, as regarde affixing official seals for the security of stores on board, not intended for consumption in the port where the foreign vessel then is, varies.
In the case of rail steamers the presence of several Custom House officers on board during the whole time the vessel is in port, is considered sufficient to guard against the landing of stores.
23935 02
(9-) Portugal.
SIR H. G. MACDONELL to the MARQUESS OF LANSDOWNE.
(No. 21.) (Commercial.)
MY LORD,
Lisbon, June 7th, 1902.
In reply to Your Lordship's despatch, No. 7, Commercial, of the 14th of March last, I have the honour to enclose a memorandum giving extracts from the Portuguese laws relating to the participation of foreign shipping in the coasting trade.
The original intention of the law was to prevent any competition whatsoever with the national coasting trade, but when the latter was found insufficient for the require- ments of certain colonies, exceptions were made which allowed foreign ships to compete on equal terms, first in the coasting trade of the Portuguese colonies east of the Cape of Good Hope, and later in that of Madeira.
The Marquess of Lansdowne, K.G., &c., &c., &c.
MEMORANDUM.
I have, &c.
H. G. MACDONELL.
Portuguese Laws respecting participation of Foreign Shipping in Coasting Trade.
The Portuguese Commercial Code of 1833 contains the following article :—
"ARTICLE XXIX.
"1315. Commerce between the ports of Portugal, the islands and Portuguese dominions, in whatever part of the world, can only be carried on in Portuguese ships, whether by exportation or by importation, and reciprocally.”
This law has been modified by the decree of April 16th, 1885, which states :~-~-~- "Article 1.—All foreign ships are allowed to take part in the coasting trade between the Portuguese transmarine provinces to the east of the Cape of Good Hope, that is, Mozambique, India, Macao and Timor, and the Portuguese ports of the European continent and the adjacent islands, the said foreign ships being subject to the regulations laid down or to be laid down for national ships, Article 1315 of the Commercial Code being altered accordingly.
"§. The coasting trade in the ports of Continental Portugal and the adjacent islands, between them and with the Portuguese ports of West Africa, continues to be reserved for the national flag, in the terms of the existing legislation."