International Opium Convention
|INTERNATIONAL OPIUM CONVENTION SIGNED AT THE HAGUE JANUARY 23, 1912 (1912)
INTERNATIONAL OPIUM CONVENTION SIGNED AT THE HAGUE JANUARY 23, 1912
TRANSLATION.No. 222. (1) Translated by the Secretariat of the League of Nations. (2) For ratifications see pages 236 to 239.
French official text and English translation communicated by His Britanic Majesty's Foreing Office. The registration of this Convention took place on January 23, 1922.
INTERNATIONAL OPIUM CONVENTION
His Majesty the German Emperor, King of Prussia, in the name of the German Empire; the President of the United States of America; His Majesty the Emperor of China; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the Bristish Dominions Beyond The Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Majesty the Queen of the Netherlands; His Imperial Majesty the Shah of Persia; the President of the Portuguese Republic; His Majesty the Emperor of all the Russias; His Majesty the King of Siam,
Desirous of advancing a step further on the road opened by the International Commission of Shanghai of 1909;
Determined to bring about the gradual suppression of the abuse of opium, morphine, and cocaine as also of the drugs prepared or derived from these substances, which give rise or might give rise to similar abuses;
Taking into consideration the necessity and the mutual advantage of an internacional agreement on this point;
Convinced that in this humanitarian endeavour they will meet with the unanimous adherence of all the States concerned;
Have decide to conclude a convention with this object, and have appointed as their plenipotentiaries:
HIS MAJESTY THE GERMAN EMPEROR, KING OF PRUSSIA:
His Excellency M. Felix Von Mller, Privy Councillor, Envoy Extraordinary and Minister Plenipotentiary at The Hague;
M. Delbrck, Privy Councillor;
Dr. Grnenwald, Councillor of Legation;
Dr. Kerp, Privy Councillor, a director in the German Health Department;
Dr. K”ssler, German Consult at Canton.
THE PRESIDENT OF THE UNITED STATES OF AMERICA:
Bishop Charles H. Brent;
Mr. Hamilton Wright;
Mr. H. J. Finger.
HIS MAJESTY THE EMPEROR OF CHINA;
His Excellency Liang Ch'eng, Envoy Extraordinary and Minister Plenipotentiary at Berlin.
THE PRESIDENT OF THE FRENCH REPUBLIC:
M. Henri Brenier, Advisory Inspector of the Agricultural an Commercial Service of Indo-China;
M. Piere Guesde, Administrator of the Civil Service of Indo-China.
HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AN OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:
The Right Honourable Sir Cecil Clementi Smith, G.C.M.G., Member of the Privy Council;
Sr. William Stevenson Meyer, K.C.I.E., Chief Secretary of the Government of Madras;
Mr. William Grenfell Max Mller, C.B., M.V.O., Councillor of Embassy;
Sr. William Job Collins, M.D., Deputy Lieutenant of the County of London.
HIS MAJESTY THE KING O ITALY:
His Excellency Count J. Sallier de la Tour, Duke of Calvello, Envoy Extraordinary and Minister Plenipotentiary at The Hague.
HIS MAJESTY THE EMPEROR OF JAPAN:
His Excellency M. Aimaro Sato, Envoy Extraordinary and Minister Plenipotentiary at The Hague:
Dr. Tomoe Takagi, Engineer to the Government-General of Formosa;
Dr. Kotaro Nishizaki, Technical Expert attached to the Laboratory of the Hygienic Department.
HER MAJESTY THE QUEEN OF THE NETHERLANDS:
M.J.T. Cremer, formerly Minister for the Colonies, President of the Netherlands Society of Commerce;
M.C. Th. Van Deventer, Member of the First Chamber of the States-General'
M.A.A. de Jongh, formerly Inspector-General, head of the Opium Monopoly in the Dutch Indies;
M.J.G. Scheurer, Member of the Second Chamber of the States-General;
M.W.G. Van Wettum, Inspector of the Opium Monopoly in the Dutch Indies.
HIS IMPERIAL MAJESTY THE SHAH OF PERSIA:
Mirza Mahmoud Khan, Secretary of the Persian Legation at The Hague.
THE PRESIDENT OF THE PORTUGUESE REPUBLIC:
His Excellency M. Antonio Maria Bartholomeu Ferreira, Envoy Extraordinary and Minister Plenipotentiary at The Hague.
HIS MAJESTY THE EMPEROR OF ALL THE RUSSIAS:
His Excellency M. Alexander Savinsky, Master of Ceremonies, Councillor of State, Envoy Extraordinary and Minister Plenipotentiary at Stockholm.
HIS MAJESTY THE KING OF SIAM:
His Excellency Phya Akharak Varadhara, Envoy Extraordinary and Minister Plenipotentiary in London, The Hague and Brussels;
Mr. William J. Archer, C.M.G., Councillor of Legation.
Who, after having deposited their full powers, found in good and due form, have agreed as follows:
- 1 CHAPTER I: RAW OPIUM.
- 2 CHAPTER II: PREPARED OPIUM
- 3 CHAPTER III: MEDICINAL OPIUM, MORPHINE, COCAINE, ETC.
- 4 CHAPTER IV.
- 5 CHAPTER V
- 6 CHAPTER VI: FINAL PROVISIONS
CHAPTER I: RAW OPIUM.
Definition.- By "raw opium" is understood:
The spontaneously coagulated juice obtained from the capsules of the papaver somniferum which has only been submitted to the necessary manipulations for packing and transport.
The contracting Powers shall enact effective laws or regulations for the control of the production and distribution of raw opium, unless laws or regulations on the subject are already in existence.
Due regard being had to the differences in their commercial conditions, the contracting Powers shall limit the number of towns, ports, or other localities through wich the export or import of raw opium shall be permitted.
The contracting Powers shall take measures -
(a) To prevent the export of raw opium to countries which shall have prohibited its entry, and
(b) To control the export of raw opium to countries which restrict its import, unless regulations on the subject are already in existente.
The contracting Powers shall make regulations requiring that every package containing raw opium intended for export shall be marked in such a way as to indicate its contents, provided that the consignment exceeds 5 kilog.
The contracting Powers shall not allow the import and export of raw opium except by duly horised persons.
CHAPTER II: PREPARED OPIUM
Definition.- By "prepared opium" is understood:
The producto of raw opium obtained by a series of special operations, especially by dissolving, ing, roasting and fermentation, designed to transform it into an extract suitable for consumption
Prepared opium includes dross and all other residues remaining when opium has benn smoked.
The contracting Powers shall take measures for the gradual and effective suppression of the manufacture of, internal trade in, and use of prepared opium, with due regard to the varying umstances of each country concerned, unless regulations on the subject are already in existence.
The contracting Powers shall prohibit the import and export of prepared opium; those Powers, ever, which are not yet ready to prohibit immediately the export of prepared opium shall hibit it as soon as possible.
The contracting Powers which are not yet ready to prohibit inmmediately the export of prepared -
(a) Shall restrict the number of towns, ports, or other localities through which prepared may be exported;
(b) Shall prohibit the export or prepared opium to countries which now forbid, or which may after forbid, the import thereof;
(c) Shall, in the meanwhile, prohibit the consignment of prepared opium to a country which es to restrict is entry, unless the exporter complies with the regulations of the importing country;
(d) Shall take measures to ensure that every package exported, containing prepared opium, a special mark indicating the nature of its contents;
(e) Shall not permite the export of prepared opium except by specially authorised persons.
CHAPTER III: MEDICINAL OPIUM, MORPHINE, COCAINE, ETC.
Definitions.- By "medicinal opium". es understood:
Raw opium which has been heated to 6oø centigrade and contains not less than 10 per cent. of morphine, whether or not it be powdered or granulated or mixed with indifferent materials.
By "morphine" is understood:
The principal alkaloid of opium, having the chemical formula C_17 H_19 NO_3
By "cocaine" is understood:
The principal alkaloid of the leaves of Erythroxylon Coca, having the formula C_17 H_21 NO_4
By "heroin" is understood:
Diacetyl-morphine, having the formula C_12 H_23 NO_5
The contracting Powers shall enact pharmacy laws or regulations to confine to medical and legitimate purposes the manufacture, sale, and use of morphine, cocaine, and their respective salts unless laws or regulations on the subject are already in existence. They shall co-operate with one another to prevent the use of these drugs for any other purpose.
The contracting Powers shall use their best endeavours to control, or to cause to be controlled, all persons manufacturing, importing, selling, distributing, and exporting morphine, cocaine, and their respective salts, as well as the buildings in which these persons carry an such industry or trade.
With this object, the contracting Parties shall use their best endeavours to adopt, or cause to be adopted, the following measures, unless regulations on the subject are already in existence: -
(a) To confine the manufacture of morphine, cocaine, and their respective salts to those establishments and premises alone which have been licensed for the purpose, or to obtain information respecting the establishments and premises in which these drugs are manufactured and to keep a register of them;
(b) To require that all persons engaged in the manufacture, import, sale, distribution, or export of morphine, cocaine, and their respective salts shall be furnished with a licence or permit to engage in these operations, or shall make to the competent authorities and official declaration tha they are so engaged;
(c) To require that such persons shall enter in their books the quantities manufactured, import sales, and all other distribution, and export of morphine, cocaine, and their respective salts. This rule shall not necessarily apply to medical prescription and to sales by duly authorised chemists.
The contracting Powers shall take measures to prohibit, as regards their internal trade, the delivery of morphine, cocaine, and their respectiva salts to any unauthorised persons unless regulations on the subject are already in existence.
Due regard being had to the differences in their conditions, the contracting Powers shall use their best endeavours to restrict to authorised parsons the import of morphine, cocaine, and their respective salts.
The contracting Powers shall use their best endeavours to adopt, or cause to be adopted, measures to ensure that morphine, cocaine, and their respective salts shall not be export from their countries, possessions, colonies, and leased territories to the countries, possessions, colonies and leased territories of the other contracting Powers, except when consigned to persons furnished with the licences or permits provided for by the laws or regulations of the importing country.
With this object, each Government may communicate from time to time to Governments of the exporting countries lists of the persons to whom licences or permits for the import of morphine, cocaine, and their respective salts have been granted.
The contracting Powers shall apply the laws regulations respecting the manufacture, import, sale, or export of morphine, cocaine, and their respective salts-
(a) To medicinal opium;
(b) To all preparations (officinal and non-officinal, including the so-calld anti-opium remedies) containing more than 0.2 per cent. of morphine, or more than 0.1 per cent. of cocaine;
(c) To heroin, its salts and preparations containing more than 0.1 per cent. of heroin;
(d) To all new derivatives of morphine, of cocaine, or of their respective salts, and to every other alkaloid of opium, which may be shown by scientific research, generally recognised, to be liable to similar abuse and productive of like ill-effects.
The contracting Powers having treaties with China (Treaty Powers), shall, in conjunction with the Chinese Government, take the necessary measures to prevent the smuggling into Chinese territory, as well as into their Far-Eastern colonies and into the leased territories which they occupy in China, of raw and prepared opium, morphine, cocaine, and their respective salts, as also of the substances referred to in Article 14 of the present convention. The Chinese Government shall, on their part, take similar measures for the suppression of the smuggling of opium and of the other substances above referred to from China to the foreing colonies and leased territories.
The Chinese Government shall promulgate pharmacy laws for their subjects, regulating the sale and distribution of morphine, cocaine, and their respective salts, and of the substances referred to in Article 14 of the present convention, and shall communicate these laws to the Governments having treaties with China, through their diplomatic representatives at Peking. The contracting Powers having treatis with China shall examine these laws and, if they find them acceptable, shall take the necessary measures to apply them to their nationals residing in China.
The contracting Powers having treaties with China shall take undertake to adopt the necessary measures to restrict and control the habit of smoking opium in their leased territories, settlements, and concessions in China, to suppress, pari passu with the Chinese Government, the opium dens orsimilar establishments which may still exist there, and to prohibit the use of opium in places of entertainment and brothels.
The contracting Powers having treaties with China shall take effective measures for the gradual reduction, pari passu with the effective measures which the Chinese Government shall take with the same object, of the number of shops in which raw and prepared opium is sold, which may still exist in their leased territories, settlements, and concessions in China. They shall adopt effective measures for the restriction and control of the retail trade in opium in the leased territories, settlements, and concessions, unless regulations on the subject are already in existence.
The contracting Powers having post-offices in China shall adopt effective measures to prohibit the illegal import into China in the form of postal packages, as well as the illegal transmission through these offices from one place in China to another, of opium (raw or prepared), morphine, cocaine, and their respective salts, and of the other substances referred to in Article 14 of the present convention.
The contracting Powers shall examine the possibility of enacting laws or regulations making it a penal offence to be in illegal possessions of raw opium, prepared opium, morphine, cocaine, and their respective salts, unless laws or regulations on the subject are already in existence.
The contracting Powers shall communicate to one another, through the Ministry of Foreing Affairs of the Netherlands -
(a) The texts of the existing laws and administrative regulations respecting the matters referred to in the present convention, or promulgated in virtue of the clauses thereof;
(b) Statistical information as regards the trade in raw opium, prepared opium, morphine, cocaine, and their respective salts, as well as in the other drugs, or their salts or preparations referred to in the present convention.
These statistics shall be furnished with as many details and within a period as short as may be considered possible.
CHAPTER VI: FINAL PROVISIONS
Any Power not represent at the conference shall be allowed to sign the present convention.
With this object, the Government of the Netherlands will, inmmediately after the signature of the convention by the Plenipotentiaies of the Powers which have taken part in the conference, invite all the Powers of Europe and America not representad at the conference, that is to say:
The Argentine Republic, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Costa Rica, the Republic of Cuba, Denmark, the DOminican Republic, the Republic of Ecuador, Spain, Greece, Guatemala, the Republic of Haiti, Honduras, Luxemburgo, Mexico, Montenegro, Nicaragua, Norway, Panama, Paraguay, Peru, Roumania, Salvador, Servia, Sweden, Switzerland, Turkey, Uruguay, the United States of Venezuela, ot appoint a delegate, furnished with the necessary full powers, to sign the convention at The Hague.
These signatures shall be affixed to the convention by means of a "Protocolo of signature by Powers, not represented at the conference" to be added after the signatures of the Powers represented, the date of each singature being mentioned.
The government of the Netherlands will, every month, notify the singatori Powers of each supplementary signature.
After all the Powers, as well on their own behalf as on behalf of their possessions, colonies, protectorates, and leased territories, have signed the convention or the supplementary protocol above referred to, the Government of The Netherlands will invite all the Powers to ratifi the convention with this protocol.
In the event of the signatura of all the Powers invited not having been obtained on the date of the 31st Decembrer, 1912, the Government of the Netherlands will inmmediately invite the Powers who have signed by that date to appoint delegates to examine at The Hague the possibility of depositing their ratifications notwthstanding.
The ratification shall take place within as short a period as possible and shall be deposited at the Ministry of Foreing Affairs at The Hague.
The Government of the Netherlands will every month notify the signotori Powers of the retifications which they have received in the interval.
As soon as the ratificactions of all the signatory Powers, as well on their own behalf as on behalf of their colonies, possesions, protectorates, and leased territories, have been received by the Gobernment of the Netherlands, the latter will notify all the Powers who have ratified the convention of the date on which it received the last instrument of ratification.
The present convention shall come into force three months after the date mentioned in the notification by the Government of the Netherlands, referred to in the las paragraph of the preceding article.
With regard to the laws, regulations, or other measures contemplated by the present convention, it is agreed that the Bills or drafts required for this purpose shall be prepared not later than six months after the entry into force of the convention. As regards the laws, they shall also be sumitted by their Governments to the Parliaments or legislative bodies within the same period of six months, or in any case at the first session following the expiration of this period.
The date on which these laws, regulations, or measures shal come into force shall form the subject of an agreement between the contracting Powers, at the instance of the Government of the Netherlands.
In the event of questions arising relative to the ratifications of the present convention or to the enforcement either of the convention or of the laws, regulations, or measures resulting there from, the Government of the Netherlands will, if these questions cannot be settled by other means, invite all the contracting Powers to appoint delegates to meet at The Hague in order to arrive at an inmmediate agreement on these questions.
If one of the contracting Powers should wish to denounce the present convention, the denunciation shall be notified in writing to the Government of the Netherlands, who will immediately communicate a certified copy of the notification to all ther other Powers, informing them of the date on which it was received.
The denunciation shall take effect only as regards the Powers which notified it and one year after the notification thereof has reached the Government of the Netherlands.
In witness whereof the plenipotentiaries have affixed their signatures to the present convention.
Done at The Hague the 23rd January, 1912, in a single copy, which shall be deposited and ramain in the archives of the Governmente of the Netherlands, and of which certified copies will be transmitted throught the diplomatic channel to all the Powers represented at the conference.
F. Von Mller. Delbrck Grnenwald.
For the United States of America:
Charles H. Brent. Hamilton Wright Henry J. Finger.
With the reservation that a separate and special ratification or denunciation may subsequently be obtained for the French. protectorares.
For Great Britain:
W.S. Meyer W.G. Max Mller William Job Collins.
With the reservation of the follinwuing declaration:
The articles of the present convention, if ratified by His Britannic Majesty's Government; shall apply to the Government of British India, Ceylan, the Strais Settlements, Hong Kong, and Wet-hai Wei in every respect in the same way as they shall apply to the United Kingdom of Great Britain and Ireland; but His Britannic Majesty's Government reserve the right of signing or denouncing separately the said convention in the name of any dominion, colony, dependency, or protectorate of His Majesty other than those which have been specified.
G. de la Tour Calvello.
Aimaro Sato. Tomoe Takagi Kotaro Nishizaki.
For the Netherlands:
J.T. Cremer C. Th. van Deventer. A.A. de Jongh. J. G. Scheurer
Mirza Mahmoud Khan.
With the reservation of Articles 15, 16, 17, 18 and 19 (Persia having no Treaty with China), and paragraph (a) of Article 3.
Antonio María Bartholomeu Ferreira.
Akharaj Varadhara. Wm. J. Archer.
With the reservation of Articles 15, 16, 17, 18 and 19, Siam having no treaty with China.