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[532 the Baltic, and the latter was actually provided for, with certain exceptions, in a convention concluded by the States of Central America,1 except Costa Rica, in their recent parleys at Washington. The Genoa Conference (1922) adopted recommendations, largely originating in the preconference work of economic experts assembled at London, for obtaining greater publicity and stability in customs matters. Among other things, the Conference felt that

no export duty should be maintained or imposed upon raw materials, the output of which exceeds home needs, except duties of a purely fiscal character which, on account of their character as such, should not exceed a low percentage of the value of the product, although they may vary according to the country and the nature of the product. . .

Subject to treaties and agreements, export duties should not vary according to the foreign country of destination.2

With certain exceptions it was further resolved that

Whatever may be the importance of the reasons of an economic or financial character alleged by certain States, in the exceptional circumstances in which they find themselves, as justifying the maintenance or institution of import or export prohibitions or restrictions, it is recognized that these measures constitute at the present time one of the gravest obstacles to international trade.

In consequence, it is desirable that no effort should be spared to reduce them as soon as possible to the smallest number.

Finally, the Genoa recommendations contained the following articles:

The questions relating to dumping and differential prices

'Supra, subdivision 71.

"The economic recommendations of the Conference are published in Commerce Reports, July 24, 1922, pp. 262-263.

being among those which concern most closely the equitable treatment of commerce, it is desirable that the League of Nations should undertake at an early date an inquiry on the subject. . . .

It is desirable that all the Governments concerned should inform the League of Nations without delay of all modifications introduced in their customs tariffs and in their regulations relating to import or export prohibitions or restrictions.1

(i) The International Chamber of Commerce

Passing for a moment to unofficial international organizations, it should be noted that the International Chamber of Commerce, meeting at Rome in March, 1923, included upon its agenda" Equitable Treatment of Trade as regards Customs Formalities and Analogous Questions" and "Removal of Export Taxes on Raw Materials". Among other matters affecting customs, resolutions were adopted to the effect that all customs regulations and customs changes therein should be published regularly and promptly by the states enacting them and by the International Bureau at Brussels; and, moreover, that the League of Nations should undertake to make certain supplemental publications; 2 that all states should examine the possibilities of admitting goods at the old customs rates in case duties are increased after direct shipment but before delivery of the goods; that enacting states should publish general indexes and explanatory notes in connection with their tariffs, and that the elements used in applying ad valorem duties should be determined in accordance with a uniform basis."

1Ibid. Concerning the conference generally, see Mills, J. Saxon, The Genoa Conference (London).

"Delay and imperfection in the publication of information about customs regulations was an important topic at the Congress of Chambers of Commerce at Prague (1908) and at former meetings of the International Chamber of Commerce.

3 International Chamber of Commerce, Appendix to Brochure, no. 26, Customs Regulations, 1923.

(j) The Santiago Conference

"The uniformity of customs regulations and procedure ” was one of the topics adopted by the governing board of the Pan-American Union for discussion by the Fifth International Conference of American States, held at Santiago, Chile, in the spring of 1923. Among the propositions appropriate for consideration at such a conference were the following:

(1) That the countries involved should agree that when a new tariff law or regulation increasing customs duties goes into effect shipments which are already en route should be exempted from its operation.

(2) That there should be full security against the delivery by the customs officials of the country to which goods are shipped of so-called "to order" shipments in the absence of presentation of endorsed bills of lading.

(3) That there should be greater tolerance in regard to the imposition of penalties for clerical errors and that appeals from decisions of customs officials in this regard should be allowed during a period of not less than 60 days.2

These and other matters were discussed and a number of resolutions were passed. Conventions were concluded providing for the publication by all of the signatory countries of the customs regulations of each of the others and for the use of a more uniform nomenclature in the classification of merchandise in import and export statistics. Provision was made for the calling of a Pan-American customs conference after the necessary information for its efficient conduct should be collected by the Inter-American High Commission. Moreover, a recommendation was unanimously adopted that

'Bulletin of the Pan American Union, February, 1923, p. 119.

'Item (1) would require alteration in the customs laws of the United States.

the American governments should be represented in the international customs conference called to meet at Geneva on October 15, 1923, and that they should give consideration to the work of that conference for the purpose of utilizing it in the investigation of possible modifications in their customs legislation.1

74. THE WORK OF THE LEAGUE OF NATIONS WITH RESPECT TO CUSTOMS QUESTIONS

Among the resolutions adopted by the International Financial Conference held under the auspices of the League of Nations at Brussels in 1920 was one that,

within such limits and at such time as may appear possible, each country should aim at the progressive restoration of that freedom of commerce which prevailed before the war, including the withdrawal of artificial restrictions on, and discriminations of price against, external trade.2

The real work of the League in the present connection has, however, been accomplished by its Economic Committee, working under the provision of the Covenant which pledges the members, subject to and in accordance with the requirements of existing or future international conventions, to

make provision to secure and maintain freedom of communications and of transit and equitable treatment for the commerce of all Members of the League.3

1See Commerce Reports, June 25, 1923, pp. 808-809 (article by Ralph H. Ackerman, one of the technical advisers of the United States delegation); also the August, 1923, issue of the Bulletin of the Pan American Union. An interesting proposal for free trade among American states was prepared to be presented to the Buenos Aires conference (1922) of the International Law Association, by Dr. Daniel Goytia.

'Proceedings of the International Financial Conference, vol. i, p. 22.

Article 23(e). Italics not in original. In this connection the special necessities of the regions devastated during the World War were to be borne in mind.

Basing its action upon a report of the Economic Committee presented to the Council and to the Assembly in 1922, the Council of the League on January 30, 1923, adopted a resolution convoking a conference on customs formalities to meet at Geneva on October 15, 1923. The Conference remained in session until November 3 and gave its approval to an elaborate Convention relating to the Simplification of Customs Formalities, together with a Protocol and Final Act.1 The more important provisions contained in the thirty articles of the Convention may be thus summarized: 2

1 Text: League of Nations document C. D. I. 96 (1), 1923.

League of Nations Official Journal, Dec., 1923, pp. 1571 et seq. Partial text: Board of Trade Journal, Nov. 15, 1923, pp. 515 et seq. Text and comment: The Customs Convention and its Benefits to Trade, Brochure No. 33, International Chamber of Commerce.

Discussion: Monthly Summary of the League of Nations for October, 1923 (vol. iii, no. 10; Nov. 15, 1923).

The Manchester Guardian and Commercial, Nov. 15, 1923,

p. 517.

The European Commercial (Vienna), Oct. 27, 1923, p. 102. 'The following countries, members of the League of Nations, participated in the Conference:

*Union of South Africa; Commonwealth of Australia; *Austria; *Belgium; *Brazil; *British Empire; Canada; *Chile; China; Czechoslovakia; Denmark; *Finland; *France; *Greece; Hungary; India; Irish Free State; *Italy; Japan; *Lithuania; *Luxemburg; The Netherlands; Poland; *Portugal; Rumania; *Kingdom of the Serbs, Croats and Slovenes; *Siam; *Spain; Sweden; *Switzerland and *Uruguay.

The following countries not members of the League of Nations accepted the invitation of the Council to participate in the Conference: *Germany; *Egypt; *Protectorate of the French Republic in Morocco and the *Regency of Tunisia, French Protectorate.

The representatives of those participants marked with an asterisk signed the Convention and Protocol. The Convention will be open to signature antil October 31, 1924.

The United States, with the consent of the League of Nations, arranged for the American Consul at Geneva to attend the sessions of the Conference and to keep this Government fully informed in regard to it.

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