International Opium Convention

by League of Nations

SUPPRESSION OF ABUSE OF OPIUM AND OTHER DRUGS

• Convention and final protocol signed at The Hague January 23, 1912; final protocol of Second International Opium Conference signed at The Hague July 9, 1913; final protocol of Third International Opium Conference signed at The Hague June 25, 1914; protocol respecting the putting into force of the convention, opened for signature at The Hague (signed for the United States February 11, 1915)
• Senate advice and consent to ratification (convention and protocols of 1912 and 1913) October 18, 1913
• Ratified by the President of the United States October 27, 1913
• Ratification of the United States deposited at The Hague December 15, 1913
• Entered into force February 11, 1915
• Proclaimed by the President of the United States March 3, 1915
• Supplemented and amended, as between contracting parties, by the convention of July 13, 1931,^[1] as amended, and the protocols of December 11, 1946,^[2] November 19, 1948,^[3] and June 23, 1953^[4]
• Terminated by the single convention on narcotic drugs of March 30, 1961,^[5] as between contracting parties to the single convention

38 Stat. 1912, Treaty Series 612; 1914 For. Rel. 938 and 939

 

[TRANSLATION]

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 British 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,

being desirous to take one step further in the way marked out by the International Commission at Shanghai in 1909;^[6]

resolved to pursue progressive suppression of the abuse of opium, morphine, cocaine as well as drugs prepared or derived from these substances giving rise or which may give rise to analogous abuses;

taking into consideration the necessity and the mutual profit of an international understanding on this point;

being convinced that they will meet in this humanitarian effort the unanimous adhesion of all the nations interested,

have resolved to conclude a Convention for this purpose and have appointed as their Plenipotentiaries, to wit:

His Majesty the German Emperor, King of Prussia:

His Excellency Mr. Felix von Müller, His present Privy Counsellor, His Envoy Extraordinary and Minister Plenipotentiary at The Hague;

Mr. Delbrück, His Superior Privy Counsellor;

Dr. Grünenwald, His Counsellor of Legation;

Dr. Kerp, His Privy Counsellor, Director at The Imperial Health Office;

Dr. Rössler, Imperial Consul at Canton.

President of the United States of America:

Bishop Charles H. Brent;

Dr. Hamilton Wright;

Mr. H. J. Finger.

His Majesty the Emperor of China:

His Excellency Mr. Liang Cheng, His Envoy Extraordinary and Minister Plenipotentiary at Berlin;

The President of the French Republic:

Mr. Henri Brenier, Inspector of the Agricultural and Commercial Services of Indo-China;

Mr. Pierre Guesde, Administrator of the Civil Services of Indo-China.

His Majesty the King of the United Kingdom of Great Britain and Ireland and the British Dominions Beyond the Seas, Emperor of India:

The Right Honorable Sir Cecil Clementi Smith, G.C.M.G., Member of the Privy Council;

Sir William Stevenson Meyer, K.C.I.E., Chief Secretary of the Government of Madras;

Mr. William Grenfell Max Miller, C.B., M.V.O., His Counsellor of Embassy;

Sir William Job Collins, M.D., Deputy Lieutenant of the County of London.

His Majesty the King of Italy:

His Excellency Count J. Sallier de la Tour, Duke of Calvello, His Ambassador Extraordinary and Minister Plenipotentiary at the Hague.

His Majesty the Emperor of Japan:

His Excellency Mr. Aimaro Sato, His Envoy Extraordinary and Minister Plenipotentiary at The Hague;

Dr. Tomoe Takagi, Engineer of the General Government of Formosa;

Dr. Kotaro Nishizaki, Technical Specialist attached to the Laboratory of Hygienic Service.

Her Majesty the Queen of the Netherlands:

Mr. J. T. Cremer, Her Former Minister of the Colonies, President of the Dutch Commercial Company;

Mr. C. Th. van Deventer, Member of the First Chamber of the States General;

Mr. A. A. de Jongh, Former Inspector General and Chief of the Opium Régie Service in the Dutch Indies;

Mr. J. G. Scheurer, Member of the Second Chamber of the States General;

Mr. W. G. van Wettum, Inspector of the Opium Régie 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 Mr. Antonio Maria Bartholomeu Ferreira, Envoy Extraordinary and Minister Plenipotentiary at The Hague.

His Majesty the King of All the Russias:

His Excellency Mr. Alexandre Savinsky, His Master of Ceremonies, His present Counsellor of State, His Envoy Extraordinary and Minister Plenipotentiary at Stockholm.

His Majesty the King of Siam:

His Excellency Phya Akharaj Varadhara, His Envoy Extraordinary and Minister Plenipotentiary at London, The Hague and Brussels;

Mr. Wm. J. Archer, C.M.G., His Counsellor of Legation,

Who after having deposited their full powers which have been found to be in good and due form are agreed to that which follows:

Chapter I

Raw opium

Definition. By raw opium shall be understood:

The spontaneously coagulated sap obtained from capsules of the soporific poppy (Papaver somniferum), and which shall not have been subjected to any but the processes necessary to the packing and the transportation thereof.

Article 1

The Contracting Powers shall enact efficacious laws or regulations for the control of the production and distribution of raw opium, unless existing laws or regulations have already regulated the matter.

Article 2

The Contracting Powers, taking into account the differences in their trade conditions, shall limit the number of towns, ports or other places through which the importation or exportation of raw opium shall be permitted.

Article 3

The Contracting Powers shall take measures:

• a. to prevent the exportation of raw opium to countries which shall have prohibited the entry thereof, and
• b. to control the exportation of raw opium to countries which shall have limited the importation thereof,

unless existing measures have already regulated the matter.

Article 4

The Contracting Powers shall issue regulations to provide that every package containing raw opium destined for exportation shall be marked in such a manner as to indicate its contents, providing the consignment shall exceed 5 kilograms.

Article 5

The Contracting Powers shall not permit the importation and exportation of raw opium except through duly authorized persons.

Chapter II

Prepared opium

Definition. By prepared opium shall be understood:

The product of raw opium obtained by a series of special processes, particularly by dissolution, boiling, heating and fermentation, and which is meant to be made into the form of an extract suitable for consumption.

Prepared opium comprises dross and all other residues of smoked opium.

Article 6

The Contracting Powers shall take measures for the gradual and efficacious suppression of the manufacture, the internal traffic in and the use of prepared opium in so far as the different conditions peculiar to each nation shall allow of this, unless existing measures have already regulated the matter.

Article 7

The Contracting Powers shall prohibit the importation and exportation of prepared opium; however, those nations which are not yet ready to prohibit the exportation of prepared opium at once, shall prohibit such exportation as soon as possible.

Article 8

The Contracting Powers which are not yet prepared to prohibit at once the exportation of prepared opium:

• a. shall limit the number of towns, ports or other places through which it shall be possible for prepared opium to be exported;
• b. shall prohibit the exportation of prepared opium to the countries which now prohibit, or which shall later prohibit the importation thereof;
• c. shall prohibit, in the meanwhile, that any prepared opium be sent to a country which desires to limit the entry thereof, unless the exporter shall conform to the regulations of the importing country;
• d. shall take measures to the effect that each package exported containing prepared opium shall bear a special mark indicating the nature of its contents;
• e. shall not permit the exportation of prepared opium except through the agency of persons especially authorized.

Chapter III

Medicinal opium, morphine, cocaine, etc.

Definitions. By medicinal opium shall be understood:

raw opium which shall have been heated to 60 degrees centigrade whether or not powdered or granulated, or whether or not mixed with neutral substances, and which shall not contain less than 10 percent of morphine.

By morphine shall be understood:

the principal alkaloid of opium, expressed by the chemical formula C₁₇H₁₉NO₃.

By cocaine shall be understood:

the principal alkaloid of the leaves of Erythroxylon Coca, expressed by the formula C₁₇H₂₁NO₄.

By heroin shall be understood:

morphine-diacetylate, expressed by the formula C₂₁H₂₃NO₅.

Article 9

The Contracting Powers shall enact pharmacy laws and regulations in such a way as to limit the manufacture, the sale and the use of morphine, cocaine and their respective salts to medical and legitimate uses only, unless existing laws or regulations have already regulated the matter. They shall cooperate amongst themselves in order to prevent the use of these drugs for any other purpose.

Article 10

The Contracting Powers shall use their best efforts to control, or to cause to be controlled all those who manufacture, import, sell, distribute and export morphine, cocaine and their respective salts, as well as the buildings where such persons exercise that industry or that commerce.

To this end, the Contracting Powers shall use their best efforts to adopt or to cause to be adopted the following measures, unless existing measures have already regulated the matter:

• a. to limit the manufacture of morphine, cocaine and their respective salts to the premises and localities alone which shall have been authorized to this effect or to keep themselves informed as to the establishments and places where such drugs are manufactured, and to keep a register thereof;
• b. to demand that all those who manufacture, import, sell, distribute, and export morphine, cocaine, and their respective salts shall be provided with an authorization of a license to carry on these operations, or shall make an official declaration thereof to the competent authorities.
• c. to demand of these persons the registration on their books of the quantities manufactured, the importations, the sales or any other transfer and exportations of morphine, cocaine and their respective salts. This rule shall not apply necessarily to medical prescriptions and to sales made by duly authorized pharmacists.

Article 11

The Contracting Powers shall take measures to prohibit in their internal commerce all transfer of morphine, cocaine and their respective salts to all nonauthorized persons, unless existing measures have already regulated the matter.

Article 12

The Contracting Powers, taking the differences in their conditions into account, shall use their best efforts to limit the importation of morphine, cocaine and their respective salts, to authorized persons.

Article 13

The Contracting Powers shall use their best efforts to adopt, or cause to be adopted, measures to the end that the exportation of morphine, cocaine and their respective salts from their countries, possessions, colonies and leased territories to the countries, possessions, colonies and leased territories of the other contracting powers, shall not take place except in case the persons for whom the drugs are intended shall have received authorizations or permits granted in conformity with the laws or regulations of the importing country.

To this end every government may from time to time communicate to the governments of the exporting countries lists of the persons to whom authorizations or permits to import morphine, cocaine and their respective salts shall have been granted.

Article 14

The Contracting Powers shall apply the laws and regulations for the manufacture, importation, sale or exportation of morphine, cocaine and their respective salts:

• a. to medicinal opium;
• b. to all preparations (officinal and non-officinal including the so-called anti-opium remedies) containing more than 0.2% of morphine or more than 0.1% of cocaine;
• c. to heroin, its salts and preparations containing more than 0.1% of heroin;
• d. to every new derivative of morphine, cocaine or their respective salts or to any other alkaloid of opium which might after generally recognized scientific investigations give rise to similar abuse and result in the same injurious effects.

Chapter IV

Article 15

The Contracting Powers having treaties with China (Treaty Powers) shall take, on concert with the Chinese Government, the measures necessary for the prevention of the smuggling, as well with respect to Chinese territory as with respect to their colonies in the Far East and the leased territories which they occupy in China, of raw and prepared opium, morphine, cocaine and their respective salts, as well as of the substances indicated in article 14 of the present Convention. On its side the Chinese Government shall take analogous measures for the suppression of the smuggling of opium and the other substances hereinbefore indicated, from China to foreign colonies and leased territories.

Article 16

The Chinese Government shall promulgate pharmacy laws for its subjects, regulating the sale and distribution of morphine, cocaine and their respective salts and of the substances indicated in article 14 of the present Convention, and shall communicate these laws to the Governments having treaties with China, through the intermediary of their diplomatic representatives at Pekin. The Contracting Powers having treaties with China shall examine these laws, and, if they find them acceptable, shall take the necessary measures to the end that they be applied to their nationals residing in China.

Article 17

The Contracting Powers having treaties with China shall undertake to adopt the measures necessary for the restraint and control of the opium-smoking habit in their leased territories, "settlements" and concessions in China, for the suppression pari passu with the Chinese Government of the opium divans or similar establishments which may still exist there, and for the prohibition of the use of opium in houses of amusement and of prostitution.

Article 18

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 to the same end, of the number of shops, intended for the sale of raw and prepared opium, which may still exist in their leased territories, settlements and concessions in China. They shall adopt efficacious measures for the restraint and control of the retail trade in opium in the leased territories, settlements and concessions, unless existing measures have already regulated the matter.

Article 19

The Contracting Powers who have post-offices in China shall adopt efficacious measures to prohibit the illegal importation into China, in the guise of a postal package, as well as the illegal transmission from one locality to another in China through the intermediary of these post-offices, of opium, whether raw or prepared, of morphine and of cocaine and their respective salts, and of other substances indicated in article 14 of the present Convention.

Chapter V

Article 20

The Contracting Powers shall examine into the possibility of enacting laws or regulations making the illegal possession of raw opium, prepared opium, morphine, cocaine and their respective salts liable to penalties, unless existing laws or regulations have already regulated the matter.

Article 21

The Contracting Powers shall communicate to each other, through the Netherlands Ministry for Foreign Affairs:

• a. the text of the laws and the administrative regulations in existence which concern matters aimed at by the present convention or enacted by virtue of its clauses;
• b. statistical information with respect to that which concerns the traffic in raw opium, prepared opium, morphine, cocaine and their respective salts, as well as all other drugs or their salts or preparations aimed at by the present Convention.

These data shall be furnished with as much detail and in as short a time as shall be deemed possible.

Chapter VI

Final Provisions

Article 22

The Powers not represented at the Conference shall be permitted to sign the present Convention.

To this end, the Netherlands Government shall invite, immediately after the Convention shall have been signed by the Plenipotentiaries of the Powers who have taken part in the Conference, all the Powers of Europe and of America not represented at the Conference, to wit:

The Argentine Republic; Austria-Hungary; Belgium; Bolivia; Brazil; Bulgaria; Chile; Colombia; Costa Rica; Republic of Cuba; Denmark; Dominican Republic; Republic of Ecuador; Spain; Greece; Guatemala; Republic of Haiti; Honduras; Luxemburg; Mexico; Montenegro; Nicaragua; Norway; Panama; Paraguay; Peru; Roumania; Salvador; Servia; Sweden; Switzerland; Turkey; Uruguay; United States of Venezuela,

to designate a Delegate furnished with the full powers necessary for the signing of the Convention at The Hague.

The Convention shall be furnished with these signatures by means of a "Protocol of signature of Powers not represented at the Conference," to be added after the signatures of the Powers represented and indicating the date of each signature.

The Netherlands Government shall give notice every month, to all the Signatory Powers, of each supplementary signature.

Article 23

After all the Powers, as much for themselves as for their possessions, colonies, protectorates and leased territories, shall have signed the Convention, or the supplementary Protocol hereinbefore indicated, the Netherlands Government shall invite the Powers to ratify the Convention together with this Protocol.

In case the signature of all the Powers invited shall not have been secured by December 31, 1912, the Netherlands Government shall immediately invite all the powers who have signed by that date, to designate Delegates to proceed to The Hague to examine into the possibility of nevertheless depositing their ratifications.^[7]

Ratification shall be executed within as short a time as possible and shall be deposited at once at The Hague in the Ministry for Foreign Affairs.

The Netherlands Government shall give notice every month to the Signatory Powers of the ratifications which it shall have received in the interval.

As soon as the ratifications of all the signatory Powers, as much for themselves as for their colonies, possessions, protectorates and leased territories, shall have been received by the Netherlands Government, this Government shall give notice to all the Powers who shall have ratified the Convention, of the date on which the last of such acts of ratification shall have been received.

Article 24

The present Convention shall go into effect three months after the date mentioned in the Netherlands Government's notification, as indicated in the last paragraph of the preceding article.^[8]

With regard to the laws, regulations and other measures provided for by the present Convention, it is agreed that the drafts necessary to this end shall be drawn up not later than six months after the going into effect of the Convention. With regard to the laws, these shall also be proposed by the Governments to their parliaments or legislative bodies within this same period of six months, and in any case at the first session which shall follow the expiration of this period.

The date from which these laws, regulations, or measures shall go into effect shall be the subject of an agreement between the Signatory Powers, at the instance of the Netherlands Government.

In case questions shall arise relative to the ratification of the present Convention, or relative to the going into effect of the Convention, or of the laws, regulations and measures which such Convention involves, the Netherlands Government, if these questions cannot be decided by other means, shall invite all the Signatory Powers to designate delegates who shall assemble at The Hague to come to an immediate agreement on these questions.

Article 25

If it should happen that one of the Contracting Powers should wish to denounce the present Convention, such denunciation shall be notified in writing to the Netherlands Government, who shall immediately communicate a certified copy in conformity with such notification to all the other Powers, informing them at the same time as to the date on which it received such notification.

The denunciation shall have no effect except with respect to the Power who shall have given notice thereof and one year after such notice shall have reached the Netherlands Government.

In witness whereof, the Plenipotentiaries have affixed their signatures to the present Convention.

Done at The Hague, January 23, 1912, in one single copy, which shall remain deposited in the archives of the Government of the Netherlands and copies of which, certified in conformity, shall be delivered through diplomatic channels to all the Powers represented at the Conference.

• For Germany:
  • F. von Müller
  • Delbrück
  • Grünenwald

• For the United States of America:
  • Charles H. Brent
  • Hamilton Wright
  • Henry J. Finger

• For China:
  • Liang Cheng

• For France:
  • H. Brenier
    • With the reservation that a separate and special ratification or denunciation may subsequently be obtained for the French protectorates.

• For Great Britain:
  • W. S. Meyer
  • W. G. Max Müller
  • William Job Collins
    • With the reservation of the following declaration:
    • The articles of the present convention, if ratified by His Britannic Majesty's Government, shall apply to the Government of British India, Ceylon, the Straits Settlements, Hong Kong, and Wei-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.

• For Italy:
  • G. de la Tour Calvello

• For Japan:
  • Aimaro Sato
  • Tomoe Takagi
  • Kotaro Nishizaki

• For the Netherlands:
  • J. T. Cremer
  • C. Th. van Deventer
  • A. A. de Jongh
  • J. G. Scheurer

• For Persia:
  • 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.

• For Portugal:
  • Antonio Maria Bartholomeu Ferreira

• For Russia:
  • A. Savinsky

• For Siam:
  • Akharaj Varadhara
  • Wm. J. Archer
    • With the reservation of Articles 15, 16, 17, 18, and 19, Siam having no treaty with China.

Final Protocol of the International Opium Conference

The International Opium Conference, proposed by the Government of the United States of America and convoked by the Government of the Netherlands, assembled at The Hague in the Palace of the Knights, December 1, 1911.

The Governments, the enumeration of which follows, have taken part in the Conference, to which they had designated the Delegates hereafter named:

Germany:

• His Excellency Mr. Felix von Müller, Privy Counsellor, Envoy Extraordinary and Minister Plenipotentiary at The Hague, First Delegate Plenipotentiary;
• Mr. Delbrück, Privy Counsellor, Delegate Plenipotentiary;
• Dr. Grünenwald, Counsellor of Legation, Delegate Plenipotentiary;
• Dr. Kerp, Privy Counsellor, Director of the German Health Department, Delegate Plenipotentiary;
• Dr. Rössler, German Consul at Canton, Delegate Plenipotentiary.

The United States of America:

• Bishop Charles H. Brent, Delegate Plenipotentiary;
• Mr. Hamilton Wright, Delegate Plenipotentiary;
• Mr. H. J. Finger, Delegate Plenipotentiary.

China:

• His Excellency Mr. Liang Cheng, Envoy Extraordinary and Minister Plenipotentiary at Berlin, Delegate Plenipotentiary;
• Mr. T'ang Kwo-an, Assistant Secretary at the Wai-wu Pu, Delegate;
• Mr. Tchang Tsu-Sueng, chargé d'affaires ad interim at The Hague, Delegate;
• Dr. Wu Lien-Teh, M.D. (Cambridge), Surgeon-Major, Director of the School of Medicine, Delegate;
• Mr. F. A. Carl, formerly Commissioner of the Imperial Maritime Customs at Newchwang, Delegate;
• Mr. A. J. Commijs, Assistant Secretary in the Department of the Inspector-General of Imperial Maritime Customs, Delegate.

France:

• Mr. Henri Brenier, Advisory Inspector of the Agricultural and Commercial Service of Indo-China, Delegate Plenipotentiary;
• Mr. Pierre Guesde, Administrator of the Civil Service of Indo-China, Delegate Plenipotentiary;
• Dr. Gaide, Surgeon-Major of the Colonial Troops, Technical Adviser.

Great Britain:

• The Right Honorable Sir Cecil Clementi Smith, G.C.M.G., Member of the Privy Council, Delegate Plenipotentiary;
• Sir William Stevenson Meyer, K.C.I.E., Chief Secretary to the Government of Madras, Delegate Plenipotentiary;
• Mr. William Grenfell Max Müller, C.B., M.V.O., Counsellor of Embassy, Delegate Plenipotentiary;
• Sir William Job Collins, M.D., Deputy Lieutenant of the County of London, Delegate Plenipotentiary.

Italy:

• His Excellency Count J. Sallier de la Tour, Duke of Calvello, Envoy Extraordinary and Minister Plenipotentiary at The Hague, Delegate Plenipotentiary;
• Professor Rocco Santoliquido, Member of Parliament, Director-General of Public Health, Delegate.

Japan:

• His Excellency Mr. Aimaro Sato, Envoy Extraordinary and Minister Plenipotentiary at The Hague, Delegate Plenipotentiary;
• Dr. Tomoe Takagi, Engineer to the Government-General of Formosa, Delegate Plenipotentiary;
• Dr. Kotaro Nishizaki, Technical Expert, attached to the Laboratory of the Hygienic Department, Delegate Plenipotentiary.

The Netherlands:

• Mr. J. T. Cremer, formerly Minister for the Colonies, President of the Dutch Society of Commerce, Delegate Plenipotentiary;
• Mr. C. Th. van Deventer, Member of the First Chamber of the States-General, Delegate Plenipotentiary;
• Mr. A. A. de Jongh, formerly Inspector-General, Head of the Opium Monopoly in the Dutch Indies, Delegate Plenipotentiary;
• Mr. J. G. Scheurer, Member of the Second Chamber of the States-General, Delegate Plenipotentiary;
• Mr. W. G. van Wettum, Inspector of the Opium Monopoly in the Dutch Indies, Delegate Plenipotentiary.

Persia:

• Mirza Mahmoud Khan, Secretary of the Persian Legation at The Hague, Delegate Plenipotentiary.

Portugal:

• His Excellency Mr. Antonio Maria Bartholomeu Ferreira, Envoy Extraordinary and Minister Plenipotentiary at The Hague, Delegate Plenipotentiary;
• Mr. Oscar George Potier, Consul-General of the First Class, Delegate of the Ministry for Foreign Affairs, Delegate;
• Mr. A. Sanches de Miranda, Captain of Artillery, formerly Governor of Colonies, Delegate of the Ministry of the Colonies, Delegate.

Russia:

• His Excellency Mr. Alexandre Savinsky, Master of Ceremonies of His Majesty the Emperor, Counsellor of State, Envoy Extraordinary and Minister Plenipotentiary at Stockholm, Delegate Plenipotentiary;
• Mr. Chapiroff, Honorary Physician at the Court of His Majesty the Emperor, Medical Inspector of the Frontier Guards, Delegate.

Siam:

• His Excellency Phya Akharaj Varadhara, Envoy Extraordinary and Minister Plenipotentiary in London, The Hague, and Brussels, Delegate Plenipotentiary;
• Mr. William J. Archer, C.M.G., Counsellor of Legation, Delegate Plenipotentiary;

In a series of meetings held from the 1st of December, 1911, to the 23rd of January, 1912, the Conference determined upon the text of Convention hereto annexed:

The Conference has further expressed the following wishes:

I. The Conference is of the opinion that there is reason to draw the attention of the Universal Postal Union:

• 1° to the urgency of regulating the transmission by post of raw Opium;
• 2° to the necessity of regulating, so far as possible, the transmission by post of Morphine and Cocaine and their respective salts, and of the other substances contemplated by Article 14 of the Convention;
• 3° to the necessity of prohibiting the transmission of prepared Opium by the post.

II. The Conference is of the opinion that it is advisable to study the question of Indian Hemp from the statistical and scientific standpoint, with a view to regulating its misuse, should the necessity therefor make itself felt, by domestic legislation or by an international agreement.

In testimony whereof, the Plenipotentiaries have affixed their signatures to the present Protocol.

Done at The Hague, the 23rd day of January, 1912, in a single copy, which shall remain deposited in the Archives of the Government of the Netherlands, and copies of which, certified and conforming thereto, shall be delivered through the diplomatic channel to all the Powers represented at the Conference.

• For Germany:
  • F. von Müller
  • Delbrück
  • Grunenwald

• For the United States of America:
  • Charles H. Brent
  • Hamilton Wright
  • Henry J. Finger

• For China:
  • Liang Cheng

• For France:
  • H. Brenier

• For Great Britain:
  • W. S. Meyer
  • W. G. Max Müller
  • William Job Collins

• For Italy:
  • G. de la Tour Calvello

• For Japan:
  • Aimaro Sato
  • Tomoe Takagi
  • Kotaro Nishizaki

• For the Netherlands:
  • J. T. Cremer
  • C. Th. van Deventer
  • A. A. de Jongh
  • J. G. Scheurer

• For Persia:
  • Mirza Mahmoud Khan

• For Portugal:
  • Antonio Maria Bartholomeu Ferreira

• For Russia:
  • A. Savinsky

• For Siam:
  • Akharaj Varadhara
  • Wm. J. Archer

Final Protocol of the Second International Opium Conference, 1913

The Second International Opium Conference, convoked by the Government of the Netherlands in virtue of Article 23 of the International Opium Convention, met at The Hague, in the Palace of the Counts, July 1, 1913.

The Governments enumerated below took part in the Conference, for which they had designated the following-named delegates:

Germany:

• His Excellency Mr. Felix von Müller, Privy Counsellor, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

United States of America:

• Dr. Hamilton Wright, Special Commissioner of the Department of State, delegate;
• His Excellency Mr. Lloyd Bryce, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate;
• Mr. Gerrit John Kollen, President Emeritus of Hope College, Professor of Mathematics, delegate.

Argentine Republic:

• Dr. François de Veyga, delegate.

Belgium:

• His Excellency Baron Alberic Fallon, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

United States of Brazil:

• His Excellency Mr. J. Graça Aranha, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Chile:

• His Excellency Mr. Jorge Huneeus, Envoy Extraordinary and Minister Plenipotentiary at Brussels and at The Hague, delegate.

China:

• His Excellency Mr. W. W. Yen, Envoy Extraordinary and Minister Plenipotentiary at Berlin, First Delegate Plenipotentiary;
• Dr. Wu Lien-Teh, M.A., M.D. (Cambridge), Surgeon-Major, Director of the Medical Service, Physician of the Foreign Office, Delegate Plenipotentiary.

Colombia:

• Mr. Ch. Hischemöller, Consul at Rotterdam, delegate.

The Republic of Costa Rica:

• His Excellency Mr. Manuel M. de Peralta, Envoy Extraordinary and Minister Plenipotentiary at Paris and at The Hague, delegate.

Denmark:

• Mr. J. G. de Grevenkop Castenskjold, Minister Resident at Brussels and at The Hague, delegate.

Dominican Republic:

• His Excellency Dr. José Lamarche, Envoy Extraordinary and Minister Plenipotentiary, delegate.

Ecuador:

• His Excellency Mr. Jorge Huneeus, Envoy Extraordinary and Minister Plenipotentiary of Chile at Brussels and at The Hague, delegate.

Spain:

• M. Manuel Garcia de Acilu y Benito, Chargé d'Affaires ad interim at The Hague; delegate.

France:

• His Excellency Mr. Marcellin Pellet, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Great Britain:

• Mr. William Grenfell Max Müller, C.B., M.V.O., Councillor of Embassy, delegate;
• Sir William J. Collins, D.L., M.D., F.R.C.S., former Chairman of the London County Council, delegate.

Hayti:

• Mr. Stenio Vincent, Chargé d'Affaires at The Hague, delegate.

Italy:

• Marquis Alexandre Compans de Brichanteau, Chargé d'Affaires ad interim at The Hague, delegate.

Japan:

• Mr. Jumpei Shinobu, Chargé d'Affaires ad interim at The Hague, delegate.

Luxemburg:

• His Excellency Baron Albéric Fallon, Envoy Extraordinary and Minister Plenipotentiary at Brussels and at The Hague, delegate.

Mexican United States:

• His Excellency Mr. Federico Gamboa, Envoy Extraordinary and Minister Plenipotentiary at Brussels and at The Hague, delegate.

The Netherlands:

• Mr. J. T. Cremer, former Minister for the Colonies, former president of the Netherlands Society of Commerce, Member of the First Chamber of the States-General, first delegate;
• Dr. C. Th. van Deventer, Member of the First Chamber of the States-General, delegate;
• Mr. A. A. de Jongh, former inspector-general, head of the opium monopoly in the Dutch Indies, delegate;
• Dr. J. G. Scheurer, Member of the Second Chamber of the States-General, delegate.

Portugal:

• His Excellency Mr. Antonio Maria Bartholomeu Ferreira, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Russia:

• His Excellency Mr. A. Swétchine, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate;
• Professor Stanislas Przibytek, member of the Academy of Medicine at St. Petersburg, delegate.

Siam:

• His Excellency Mr. Phya Sudham Maitri, Envoy Extraordinary and Minister Plenipotentiary at London, Brussels and The Hague, delegate;
• Mr. William J. Archer, Counsellor of Legation at London and The Hague, delegate.

In a series of meetings held July 1–9, 1913, the Conference after examination of the question put before it by paragraph 2 of Article 23 of the International Opium Convention of January 23, 1912,

I. Decided that ratifications may be deposited from this moment.

II. Unanimously adopted the following resolution:

Desirous of following up in the path opened by the international commission of Shanghai of 1909^[9] and the first conference of 1912 at The Hague, the progressive suppression of the abuse of opium, morphine, cocaine, as well as of drugs prepared with or derived from those substances, and deeming it more than ever necessary and mutually advantageous to have an international agreement on that point, the Second International Conference—

1. Utters a wish that the Government of the Netherlands be pleased to call to the attention of the Governments of Austria-Hungary, Norway, and Sweden the fact that the signature, ratification, drawing up of legislative measures, and putting the convention into force constitute four distinct stages which permit of those powers giving their supplemental signature even now.

Indeed, it is seen from articles 23 and 24 that a period of six months is allowed to run between the going into effect of the convention and the drawing up of the bills, regulations, and other measures contemplated in the convention. Furthermore, the third paragraph of article 24 gives the contracting powers the liberty to reach an agreement, after ratification, upon the date on which the said legislative measures shall go into effect. Besides we can not refrain from remarking that the difficulties foreseen by Austria-Hungary, Norway, and Sweden with respect to their legislation were not unknown to the delegates of the signatory powers and were subjected to thorough consideration on the part of the twelve contracting powers. Nearly all the signatory powers are in the same situation as the above-mentioned Governments and have not yet elaborated all the bills contemplated by the convention;

2. Utters the with that the Government of the Netherlands be pleased to communicate to the Governments of Bulgaria, Greece, Montenegro, Peru, Roumania, Servia, Turkey, and Uruguay the following resolution:

"The conference regrets that some Governments have refused or neglected to sign the convention as yet. The conference is of opinion that the abstention of those powers would prove a most serious obstruction to the humane purposes aimed at by the convention. The conference expresses its firm hope that those powers will desist from their negative or dilatory attitude,"

3. Utters the wish that the Government of the Netherlands be pleased to point out to the Helvetic Government its error in deeming its cooperation to be of hardly any value. Contrary to what is said in the Federal Council's letter of October 25, 1912, the conference holds that Switzerland's cooperation would be most serviceable in its effect, whereas her abstention would jeopardize the results of the convention. As to the question raised by the Federal Council concerning the respective powers of the Federal and Canton Legislatures, it is to be noted that similar difficulties were already considered by the first conference, which took them into account in wording the convention;

4. Requests the signatory Governments to instruct their representatives abroad to uphold the above-indicated action of their Netherland colleagues;

III. Utters the wish that in case the signature of all the powers invited by virtue of paragraph 1 of article 23 shall not have been secured by the 31st of December, 1913, the Government of the Netherlands will immediately invite the signatory powers on that date to designate delegates to take up the question whether it is possible to put the International Opium Convention of January 23, 1912, into operation.^[10]

In faith whereof the delegates have affixed their signatures to the present protocol.

Done at The Hague, the ninth of July, one thousand nine hundred and thirteen, in one copy that shall remain deposited in the archives of the Government of the Netherlands and certified copies of which shall be delivered through the diplomatic channel to all the powers, whether or not signatory.

• For Germany:
  • F. von Müller

• For the United States of America:
  • Hamilton Wright
  • Lloyd Bryce
  • Gerrit J. Kollen

• For the Argentine Republic:
  • Franc. de Veyga

• For Belgium:
  • Bn. Alb. Fallon

• For the United States of Brazil:
  • Graça Aranha

• For Chile:
  • Jorge Huneeus

• For China:
  • W. W. Yen
  • Wu Lien Teh

• For Colombia:
  • Chr. Hischemöller

• For Costa Rica:
  • Manuel M. de Peralta

• For Denmark:
  • W. Grevenkop Castenskjold

• Fot the Dominican Republic:
  • J. Lamarche

• For Ecuador:
  • Jorge Huneeus

• For Spain:
  • Manuel G. de Acilu

• For France:
  • Marcellin Pellet

• For Great Britain:
  • W. G. Max Müller
  • William Job Collins

• For Hayti:
  • Stenio Vincent

• For Italy:
  • Brichanteau

• For Japan:
  • J. Shinobu
    • (Subject to the eventual approval of his Government.)

• For Luxemburg:
  • Bn. Alb. Fallon

• For the Mexican United States:
  • F. Gamboa

• For the Netherlands:
  • J. T. Cremer
  • C. Th. van Deventer
  • A. A. de Jongh
  • J. G. Scheurer

• For Portugal:
  • Antonio Maria Bartholomeu Ferreira

• For Russia:
  • A. Swétchine

• For Siam:
  • Phya Sudham Maitri
  • Wm. J. Archer

Final Protocol of the Third International Opium Conference, 1914

The Third International Opium Conference, convoked by the Government of the Netherlands in accordance with the third resolution of the Second Conference, met at The Hague, in the Hall of the Knights, on June 15, 1914.

The Governments hereinafter enumerated participated in the Conference, for which they had appointed the following delegates:

Germany:

• His Excellency Mr. Felix von Müller, Privy Counsellor, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

United States of America:

• His Excellency Mr. Henry van Dyke, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate;
• Mr. Charles Denby, Consul-General at Vienna, delegate.

Argentine Republic:

• Dr. François de Veyga, Honorary Professor at the Faculty of Medicine, Buenos Aires, Inspector-General of the Sanitary Service of the Argentine Army (S. R.), delegate.

Belgium:

• His Excellency Baron Albéric Fallon; Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

United Staes of Brazil:

• His Excellency Mr. José Pereira da Graça Aranha, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Chile:

• His Excellency Mr. Jorge Huneeus, Envoy Extraordinary and Minister Plenipotentiary at Brussels and at The Hague, delegate.

China:

• His Excellency Mr. Yen Hui-Ching, Envoy Extraordinary and Minister Plenipotentiary at Berlin, delegate;
• His Excellency Mr. T'ang Tsai-Fou, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Denmark:

• Mr. J. G. de Grevenkop Castenskjold, Minister Resident at Brussels and at The Hague, delegate.

Dominican Republic:

• His Excellency Dr. José Lamarche, Envoy Extraordinary and Minister Plenipotentiary, delegate.

Ecuador:

• Mr. Miguel A. Seminario, Chargé d'Affaires at Brussels, delegate.

Spain:

• His Excellency D. Fernando Osorio y Elola, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

France:

• His Excellency Mr. Marcellin Pellet, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Great Britain:

• Mr. William Grenfell Max Müller, C.B., M.V.O., Counsellor of Embassy, Consul-General at Budapest, delegate;
• Sir William J. Collins, K.C.V.O., M.D., F.R.C.S., former Chairman of the London County Council, delegate.

Guatemala:

• Mr. José Maria Lardizabal, Chargé d'Affaires at Paris and The Hague, delegate.

Haiti:

• Mr. Stenio Vincent, Chargé d'Affaires at The Hague, delegate.

Italy:

• His Excellency Count Joseph Sailer de la Tour, Duke of Calvello, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Japan:

• His Excellency Mr. Aimaro Sato, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Luxemburg:

• His Excellency Baron Albéric Fallon, Envoy Extraordinary and Minister Plenipotentiary at Brussels and at The Hague, delegate.

Mexican United States:

• His Excellency Mr. Carlos Pereyra, Envoy Extraordinary and Minister Plenipotentiary at Brussels and at The Hague, delegate.

Montenegro:

• Mr. H. Mendes da Costa, Consul-General at Amsterdam, delegate.

The Netherlands:

• Mr. J. T. Cremer, former Minister of the Colonies, former President of the Netherlands Society of Commerce, Member of the First Chamber of the States-General, first delegate;
• Dr. C. Th. van Deventer, Member of the Second Chamber of the States-General, delegate;
• Mr. A. A. de Jongh, former Inspector-General, head of the Opium Monopoly in the Dutch Indies, Burgomaster of Hoorn, delegate.

Persia:

• Mirza Mahmoud Khan, Chargé d'Affaires at The Hague, delegate.

Portugal:

• His Excellency Mr. Antonio Maria Bartholomeu Ferreira, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate;
• Major A. A. Sanches de Miranda, a former Colonial Governor, delegate of the Ministry of the Colonies.

Roumania:

• His Excellency Mr. Charles M. Mitilineu, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Russia:

• His Excellency Mr. A. Swétchine, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate.

Siam:

• His Excellency Mr. Phya Sudham Maitri, Envoy Extraordinary and Minister Plenipotentiary at London and The Hague, delegate;
• Mr. William J. Archer, Counsellor of Legation at London and The Hague, delegate.

Sweden:

• His Excellency Mr. C. F. de Klercker, Envoy Extraordinary and Minister Plenipotentiary at Brussels and The Hague, delegate.

Switzerland:

• His Excellency Mr. G. Carlin, Envoy Extraordinary and Minister Plenipotentiary at London and The Hague, delegate.

Uruguay:

• His Excellency Mr. Alberto Guani, Envoy Extraordinary and Minister Plenipotentiary at Brussels and The Hague, delegate.

The United States of Venezuela:

• Dr. Esteban Gil Borges, First Secretary of Legation at Paris, delegate.

At a series of meetings held from June 15 to 25, 1914, the Conference, having examined the question submitted to it under the third resolution passed by the Second Conference.

(A) Has placed on record the following opinions:

• 1. That it is possible to bring into force the International Opium Convention of January 23, 1912, notwithstanding the fact that some of the Powers invited, in pursuance of paragraph 1 of Article 23, have not yet signed the Convention.
• 2. That the Convention shall come into force between all the signatory Powers as soon as the Powers which have already signed, and those which have expressed their intention to adhere to it, have ratified it. The date of the coming into force of the Convention shall be that fixed by paragraph 1 of Article 24.
• 3. That, if by a date to be determined by the Conference all the signatory Powers have not yet deposited their ratifications, it shall be permissible for the signatory Powers whose ratifications have been deposited by that date, to bring the Convention into force. The same power shall obtain for the signatory Powers which may successively deposit their ratifications after that date.
• 4. That the date indicated in 3 shall be December 31, 1914.
• 5. That the power of acceding to the Convention do remain open to the Powers which have not yet signed.

(B) Has decided:

That a protocol by which the signatory Powers desirous of availing themselves of the power mentioned in 3 shall be able to declare their intention of putting the convention in force shall be opened at The Hague.^[11]

His Excellency the Minister for Foreign Affairs of the Netherlands, in accordance with the unanimous wish of the Conference, has consented to draw up this protocol, which will remain open for signature.

(C) Has unanimously carried the following resolution:

The Conference invites His Excellency the Minister for Foreign Affairs of the Netherlands to make, in the name of the Conference, an urgent and respectful representation to the signatory Powers which have not yet ratified the Convention nor expressed their intention of doing so, with a view to induce them to declare their readiness shortly to deposit their ratifications, in order that the Convention may come into force as soon as possible.

In witness whereof the delegates have attached their signatures to this protocol.

Done at The Hague, June 25, 1914, in one instrument, which shall be deposited in the archives of the Government of the Netherlands, and copies of which, duly certified, shall be forwarded through diplomatic channels to all the signatory and the non-signatory Powers.

• For Germany:
  • F. von Müller
    • (With reference to his votes on June 18, 1914)

• For the United States of America:
  • Henry van Dyke
  • Chas. Denby

• For the Argentine Republic:
  • Franc. de Veyga

• For Belgium:
  • Bn. Alb. Fallon

• For the United States of Brazil:
  • Graça Aranha

• For Chile:^[12]

• For China:
  • W. W. Yen
  • Ts. F. T'ang

• For Denmark:
  • W. Grevenkop Castenskiold

• For the Dominican Republic:^[12]

• For Ecuador:^[12]

• For Spain:
  • Fernando de Osorio

• For France:
  • Marcellin Pellet

• For Great Britain:
  • W. G. Max Müller
  • William Job Collins

• For Guatemala:
  • José M. Lardizabal

• For Hayti:^[12]

• For Italy:
  • S. de la Tour Calvello

• For Japan:
  • Aimaro Sato

• For Luxemburg:
  • Bn. Alb. Fallon

• For the Mexican United States:
  • Carlos Pereyra

• For Montenegro:
  • H. M. Mendes da Costa

• For the Netherlands:
  • J. T. Cremer
  • C. Th. Van Deventer
  • A. A. de Jongh

• For Persia:
  • Mirza Mahmoud Khan

• For Portugal:
  • Antonio Maria Bartholomeu Ferreira
  • A. A. Sanches de Miranda

• For Roumania:
  • C. M. Mitilineu

• For Russia:
  • A. Swétchine

• For Siam:
  • Phya Sudham Maitri
  • Wm. J. Archer

• For Sweden:
  • F. de Klecker

• For Switzerland:
  • Carlin

• For Uruguay:^[12]

• For the United States of Venezuela:
  • E. Gil Borges

Protocol Respecting the Putting into Force of the International Opium Convention

The undersigned, duly authorised by their respective Governments, in virtue of the power provided under No. 3 of the Final Protocol of the Third International Opium Conference, declare that their Governments, having ratified the International Opium Convention of January 23, 1912, intend to put it into operation.

As regards the Powers which shall sign this Protocol before December 31, 1914, the Convention will come into force on that date; as regards the Powers which shall sign it after December 31, 1914, the Convention will come into force on the date of signature.

• For the United States of America:
  • Henry van DykeFebruary 11, 1915

• For China:
  • T'ang Tsai-FouFebruary 11, 1915

• For the Netherlands:
  • J. LoudonFebruary 11, 1915

• For Honduras:
  • E. H. CroneApril 3, 1915

• For Norway:
  • F. HagerupSeptember 20, 1915

• For Belgium:
  • Alb. FallonMay 14, 1919

• For Luxemburg:
  • Alb. FallonMay 14, 1919

• For Sweden:
  • G. de DardelJanuary 13, 1921

• For Spain:
  • Santiago Mendez de VigoFebruary 11, 1921

[A large number of countries became signatories to the present protocol by virtue of ratification of the Treaty of Versailles of June 28, 1919 (see article 295 of the treaty, post, vol. 2).]

1. TS 863, post.
2. TIAS 1671, post.
3. 2 UST 1629; TIAS 2308.
4. 14 UST 10; TIAS 5273.
5. 18 UST 1407; TIAS 6298.
6. For a report of the American delegates to the International Opium Commission, Shanghai, Feb. 1-26, 1909, including text of final resolutions of the Commission, see Opium Problem, S. Doc. 377, 61st Cong., 2d sess.; the resolutions are also printed in John V. A. MacMurray, Treaties and Agreements With and Concerning China, 1894–1919, vol. II, p. 944.
7. See final protocol of July 9, 1913, post, p. 869.
8. See final protocol of June 25, 1914, post, p. 873.
9. See footnote 6, ante, p. 856.
10. See final protocol of June 25, 1914, post, p. 873.
11. Post, p. 878.
12. Signature not affixed because of interruption of communications as a result of World War I.