CO129-552-6 Traffic of arms to China 2-1-1935 - 27-12-1935 — Page 69

Memorandum on the Licensing System for the Control of Exports of Arms, prepared by the Board of Trade in collaboration with the Foreign Office, Admiralty, War Office, Air Ministry and Board of Customs and Excise.

68

History of the Control of Exports of Arms from

the United Kingdom.

Legislation.

1.

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Legislation empowering the prohibition of export of

Arms and Ammunition is traceable as far back as the Tonnages

and Poundages Act (12 Charles II, Cap.. 4), and these powers

are perpetuated in several later Acts, e、g. 1755, 1825,

1833 and 1845. In Section 112 of the last-quoted Act

(Customs Act, 1845) there is set out in a Table of Prohibitions

and Restrictions Outwards, the following list of goods which

may be prohibited to be exported by Proclamation

in Council:-

Arms, Ammunition and Gunpowder.

or Order

Military Stores, Naval Stores and any Articles (except

Copper), which Her Majesty shall judge capable of being converted into or made useful in increasing the Quantity of Military or Naval Stores.

Provisions or any Sort of Victual which may be used as

Food by Man.

The penalty for contravention of an export prohibition was

forfeiture of the goods.

2. With the addition of a clause to cover goods "carried

coastwise" this provision was embodied in section 150 of the

Customs Consolidation Act of 1853, which, in turn, was re-

enacted without amendment in Section 138 of the Customs

Consolidation Act, 1876, and was repeated in Section 8 of

the Customs and Inland Revenue Act, 1879, in similar words

with the provision, in addition, of a fine for contravention

of a prohibition, where previously the only penalty had been

forfeiture. This last section is still in force.

So far, an Order or Proclamation prohibiting the

export of arms could only be general, that is to say, any

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