'League of Nations, Conference for the Supervision of the International Trade in Arms and Ammunition and in Implements of War, Geneva, 17th June 1925' [‎51v] (109/138)

iV"
(ii) Application
of the export
licence system.
(A) In respect
of category I
weapons.
14
the Temporary Mixed Commission's draft gave to producing countries
unfairly wide ground for refusing export. Other delegates pointed out that
conditions might arise in which, under the Temporary Mixed Commission's
draft, it would be possible for two or more producing countries to recognise
two or more Governments in the same country and supply them all with
material for waging war on one another. Various suggestions for the
definition of the term " Government" were put forward; but the sense of
the General Committee was that this was a matter to be left to the legal
experts. The Legal Committee eventually came to the conclusion that it
would be rash to endeavour to insert in an incidental way—which would be
the only way open to them in connection with an Arms Traffic Convention—
a definition of the term or enter into any detail; and it decided to evade the
question.
The result (Article 2) is not unsatisfactory from the Indian point of view;
at any rate, since there can be no question that when arms are imported by
Tibet or Nepal, the Tibetan or Nepalese Governments are the " Government
of the importing country," it legalises the supply of arms to the Tibetan and
Nepalese Governments. The first of the Government of India's desiderata
has thus been secured.
(c) What was the intention of the limitation in Article 3, para. 3, of the
Temporary Mixed Commission s draft that a Government might only
he permitted to import for its own use ?
General Enckell (Finland) put forward an amendment designed to
prevent a Government from acting as intermediary for the supply of
munitions to recipients not contemplated by the Convention.
Consideration of his amendment led the Legal Committee to recommend,
on the suggestion of the American representative, that authorised importers
of military weapons should include, not only Governments, but municipal or
other local authorities (who may maintain armed gendarmerie), or rifle clubs,
provided that acquisition by these is effected with the clear consent of the
Central Government of the country and, in the case of rifle clubs, through
its agency An office of the East India Company and, later, of the British Raj, headed by an agent. ; and to record the opinion (which does not, however, appear in
the text "of the Convention) that it would be an infringement of the
sovereignty of the importing country to attempt to lay down what it may or
may not do with weapons imported into its territory. It is therefore
permissible for an importing country to re-export weapons that it has
acquired, provided that the re-export is effected in accordance^ with the
provisions of the Convention in respect of export. This opinion is perhaps
of some value to India, which might otherwise feel some difficulty in
selling or giving to Afghanistan, &c., weapons other than those of Indian
manufacture.
35. The necessity of some form of control-by-licence of export of arms
exclusively designed for military use, which is assumed in the Temporary
Mixed Commission draft, was not disputed. The questions raised, were of a
subsidiary nature. The non-producing States expressed objection to any
suggestion that they must be required so far to humble themselves as to
apply direct to the Government of a producing country for permission to
purchase. This difficulty was met by laying on the actual producer, the
armament firm, or its agent, the onus of obtaining the necessary licence to
export; but the obvious loopholes for clandestine trade afforded by this
arrangement are closed by the provision that an order in writing ovei the
signature of a duly authorised representative of the importing Government
or Government of the importer's country must be presented when application
is made for an export licence.
licence" caused some difficulty, the meaning of the term
36. The word
(B) In respect
of arms of cata-
gory II.
for the purpose of the Convention not being in conformity with that legally
attaching to it in certain countries. The use of " export declarations has
therefore been provided as an alternative means of control, subject to-
necessary safeguards giving it the same value as an <4 export licence."
37. Article 6 of the Temporary Mixed Commission's draft leaves Articles
of the second category free for export without licence, but imposes on the
exporting country a somewhat vague responsibility of judging from the size
V:,