'Arms Traffic in Persian Gulf. Supply of information by exporters to the Custom authorities' [‎74v] (4/6)

where they were going to, made public; and after a considerable inquiry by
a Departmental Committee, it was decided that these facts in the publication
should be for the future omitted.
Of course, there is a considerable difference between stating names in a
public journal, and requiring the statement of them on Customs documents;
but in this case the requirement, if it were made, would be one, not for the
purpose of assisting the Customs in any matter connected with the revenue,
but for transmission to another Department of the Government, in order that
some check and watch might be placed upon the doings of the particular
people whose names would be thus extracted.
It has been thought right to point out the above trend of idea throughout
the Customs documents and publications as to how far these kinds of secrets
are to be required and to be made known. There would, no doubt, be a great
deal to be said as to the strong reasons of high state why, in the present
instance, the information should be obtained and imparted; but, on the other
hand, it has to be considered, on the part of the Board of Customs, whether
they can make a requirement as to which, if it should not be complied with,
they would be powerless to enforce it, and as to which it is doubtful whether
they could lay their finger on any provision by which they could take a refusal
into Court.
So far, of course, as obtaining a signature jpro forma, of a nominal
exporter on the entry which is put in, this, no doubt, could be done, and is
done, and such information, so far as it goes, could be made known to 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. . This, however, would by no means supply all that is wanted,
and would be little to rely upon.
It should be pointed out that, although in nearly every other instance
where an entry or report, whatever it may be, is required under the Customs
Act, there is a form provided in the Schedule, there is, as it happens, no
form provided with regard to Section 139, and so, therefore, it might
possibly be held that, as regards an entry under that Section, the Board have
a perfectly free hand, and could, in relation to goods held to be of such
importance, make requirements which were not thought necessarv in ordinary
cases; but when I was asked whether a form under this Section could be
made thus stringent, I said that I thought it was exceedingly doubtful, but
that possibly it might be justified under the words in regard to “ public
interests,” on the ground, that is to say, that if public interests were strong
enough to render an order necessary at all, they would be strong enough to
render inquisitorial action, also, justifiable.
Upon this opinion the Board thought it undesirable to put the requirement
of the names of suppliers and consignees into the form of entry which they
directed to be used, but they instructed their Collectors to try, as far as
possible, to get all such information in this respect as regards any consign
ment as they possiby could, and that when they made a return of a
consignment (which in each case they were instructed to do) to the Board for
transmission to 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. , they should fill in particulars in this respect,
so far as they had been able to obtain them.
In a great many instances the Collectors, by their industry and influence,
have been able to supply these particulars, but in a recent case an entry
having been put in, signed by an agent for the exporters, a refusal has been
made to furnish information as to the suppliers of the goods, and information,
also, as to the persons or authorities for whom they may be intended. The
goods consisted of large supplies of arms and ammunition, and were going to
Bushire on the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . The objection to give the information is
couched in these words :—
“We really cannot understand for what statistical purpose these are
required, and as this disclosure regarding our business appears to us
unwarranted and most unusual, we shall feel obliged by your informing
us upon what authority you make the request. As a matter of principle,
we strongly object to supply to anybody the names of our suppliers and
customers for any goods, and we must respectfully decline to do so in
this instance unless you can refer us to an Act of Parliament which lays
this obligation upon us.”
There is only one more point to mention, but to which it is necessary to
call the attention of the Law Officers. Besides the Customs documents
which have been ‘referred to, there are, of course, the documents which pass