'Arms Traffic in Persian Gulf. Supply of information by exporters to the Custom authorities' [‎73r] (1/6)

Political, No. 1879/99.
Arms Traffic in Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .
Supply of information by exporters to the Custom Authorities.
Customs to India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. .
INo. 1240/1899. Custom House, London,
^ ir » 28th March 1899.
With reference to Sir A. Godley’s letter of the 25th January last,
I am directed by the Board of Customs to acquaint you that, in compliance
with the request of the Secretary of State for India, the opinion of the Law
Officers of the Crown has been taken on the question whether Section 139 of
the Customs Consolidation Act, 1876 (39 and 40 Viet. Cap. 36), empowers
the Board to require, under penalty, names of suppliers and consignees
of arms, ammunitions, and munitions of war; and a copy of the case as
laid before the Law Officers, with a copy of their opinion subjoined, is
transmitted herewith for the information of the Secretary of State.
I am, &c.,
The Under Secretary of State R. T. Prowse.
for India.
ENCLOSURE.
, Case.
This case is put on the following points :—
In December 1897, the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. and the Foreign Office expressed a wish
to the Board of Customs through the Treasury that, in consequence of large
exportations of arms, ammunition, and munitions of war to ports in the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , information could be obtained of the sailing and destination of
all ships carrying such cargoes to that part of the world, the object being to
facilitate the measures which Her Majesty’s Government were adopting in
those seas in order to check this illicit traffic.
Besides the supply of information which the Board at once agreed to
furnish, and took steps accordingly, it was pressed upon them also to take,
if they possibly could do so, measures not only to have and to impart
knowledge of the departure of the various consignments, but also to closely
examine, check, and, if that were legal, to detain them, and especially to find
out, if possible, the real suppliers of the goods, and the real consignees. The
Board of Customs were obliged to reply that they could comply with these
requests to a certain extent only, and that the law they administered would
not allow of all that was wished for being done.
In order to explain the question at issue it is necessary, at this point, to set
out what the law in this respect is. Dutiable goods, which, of course, are
never exported, except from bond, and goods receiving a drawback of duty,
are not exported from the United Kingdom without the putting in, before
they are laden, of certain documents, which constitute the “ Entries ”
outwards of the goods; and any shipment not in accordance with those
entries would be prevented. This, however, is not the case generally as to
free goods, which all arms and ammunitions are. Free goods are laden
without any previous “ Entry,” and, although all goods about to be exported
may, at any time, be examined, in practice, unless there is any special reason
for care or suspicion, free goods are laden and exported without any check on
them at all.