4. The arrangement with the United States of America was the outcome of informal discussions between the United States Consul-General in London and the Department responsible for the issue of export licences. It has never been formally defined in any diplomatic document, and the question of so defining it now is complicated by the considerations referred to later in Section VIII of this despatch, but for purposes of registration with the League of Nations it is desirable that so far as possible the arrangement come to with each Government should be recorded in a regular exchange of notes suitable for publication. This point is referred to more fully in a later paragraph.
5. The Japanese Government were informed semi-officially in 1917 of the methods it was proposed to adopt in dealing with applications for export licences, and they intimated subsequently that they had no objection to the wider arrange- ment proposed in my circular of the 22nd March, 1920.
6. Now that the arrangement is being formally extended to other countries, steps will be taken to define more precisely the position with France and Japan, and also with the United States of America as soon as the technical difficulties referred to in the case of that country have been overcome.
II. FORM OF NOTE FOR USE IN AN EXCHANGE OF NOTES.
7. The following form for an exchange of notes has been drafted to serve as a basis where appropriate and to secure uniformity :-
Your Excellency,
-
"I have the honour to inform your Excellency that in pursuance of the steps which His Majesty's Government are taking to assist in preventing the improper consumption of opium, morphine, cocaine and similar drugs, they have prohibited the exportation from the United Kingdom to all destinations of the drugs specified below, except under licence. Applications for the grant should be accompanied by of licences for exportation to certificates previously issued under the authority of the Government to the effect that the
Government are satisfied
that the consignment is required exclusively for legitimate medicinal or scientific purposes and will not be re-exported.
"The drugs for which certificates will be required are raw opium, morphine, cocaine, ecgonine and diamorphine (commonly known as heroin) and their respective salts, and medicinal opium, and any preparation, admixture, extract or other substance containing not less than one-fifth per cent. of His morphine or one-tenth per cent. of cocaine, ecgonine or diamorphine. Majesty's Government may, however, find it necessary to extend this list to include any new derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid or opium or any other drug of whatever kind which may, in their opinion, he productive, if improperly used, of ill effects sub- stantially of the same character or nature as or analogous to those produced by morphine or cocaine."
8. The reply which His Majesty's Government desire to receive should state that the Government concerned assents to the arrangement proposed and will be It would undoubtedly prepared to issue the necessary certificates in proper cases. be of advantage if, at the same time, a copy of the form of certificate to be issued could be forwarded for the information of the Department of His Majesty's Government concerned in the administration of the control of narcotics and langerous drugs in the United Kingdom. It would be convenient that the certificate should form part of the agreement unless its inclusion would cause undue delay.
III. WHAT MEASURES ARE ENTAILED BY THE EXECUTION OF THIS ARRANGEMENT. 9. Enquiries have been made by certain foreign Governments as to the steps required to make the arrangement effective. The French procedure is briefly explained in Section I above. But as, for the purposes of the arrangement, the United Kingdom is not an importing but an exporting country. His Majesty's Government hesitate to make suggestions as to the internal measures to be adopted by an importing country. That, it appears to them, is a matter of domestic concern, to be decided by each Government as it thinks best.
IV. SCOPE OF THE ARRANGEMENT.
10. The certificate called for is to state that the Government on whose behalf it is issued are satisfied that the consignment is required exclusively for legitimate medicinal or scientific purposes and will not be re-exported." Some Governments fail to make it clear that they understand that not only is a consignment to be imported exclusively for legitimate medicinal or scientific purposes, but it must not be re-exported, The fact that it must not be re-exported has been proved in practice to be of special importance, and should be emphasised to the Governments concerned. 11. The drugs to which the arrangement applies are specified in the draft note set forth in Section II above.
12. In the event of any legislation of a stricter Bature being introduced at a later date by the Government to which you are accredited in regard to their imports from the United Kingdom, His Majesty's Government will be prepared to consider the modification of the arrangement-see in this connection also Section VIII of this despatch.
V. THE QUESTION OF RECIPROCITY.
13. With the object of restricting the use of the drugs specified to legitimate medicinal and scientific purposes, His Majesty's Government have recently adopted legislation* (copy enclosed) under which the importation of these drugs will be prohibited except under licence. The main provisions of this legislation are summarised on p. 5 of the memorandum referred to in Section IX. His Majesty's Government propose only to issue such licences to those who can satisfy them that the drugs are required for legitimate use as aforesaid. This might be explained to any Government who raise the question of reciprocity, and it might be added that His Majesty's Government would be quite willing to take whatever steps may be necessary to inform them of the persons to whom licences for import into the United Kingdom are issued. This arrangement should meet any desire expressed for reciprocity.
VI-ADOPTION OF ARRANGEMENT BY THE BRITISH OVERSEAS DOMINIONS, COLONIES AND PROTECTORATES.
14. The proposal, when originally made in the circular despatch of the 22nd March, was not intended to apply to any part of the British Empire outside the United Kingdom. But the question of its extension is under consideration, and foreign Governments making enquiries on the subject can be so informed.
15. For your own information the present position may be summarised as follows:-
(a.) The Dominions are being asked whether they are prepared to make arrange- ments for the issue of certificates for the importation of dangerous drugs from the United Kingdom, guaranteeing that the consignment in question is required exclusively for legitimate scientific and medicinal purposes
* Dangerous Drugs Act, 1920,
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