Page:United States Statutes at Large Volume 46 Part 2.djvu/841

SMUGGLING CONVENTIOX-JAPAN. MAY 31, 1f>28. EXCHANGE OF NOTES The Japanese Ambassador to the Secretary of State JAPANESl'l EMBASSY, Washing/on, .'31st May,.'3 Showa (1928). SIR: In proceeding today to the signature of the Conver:.tion between Japan and the United States for the purpose of avoiding difficulties which might ariE:e in connection with the laws in force in the United States on the subject of alcoholic beverages, I am happy to attaeh hereto, for the purpose of future reference, a memorandum of the understandirg that has been reached between us in regard to the interpretation of the Convention. I beg leave, therefore, to request that you kindly acknowledge and confirm this statement. Accept, Sir, the renewed al:lsurances of my highest consideration. EEclosure: :Memorandum The Honorable FRAKK B. KELLOGG Secntary of State, lVashington [Enclosure] MEMORAKlJUM It is understood T. l\IATSl.;DAIRA 1. That the term "priyate vessels" as used in the Com'enticn signifies all classes of vessels other than those owned or controlled by the .Japanese Govern- ment and used for Governmental purposes, for the conduct of which the Japanese Government assumes full responsibility. 2. That the rights conferred on the authorities of the United States under Article II of the Convention do not relate to territorial waters of Japan or to waters of any territory over which Japan exercises a mandate under the authority of the League of Nations. 3. That there will be no advance requirement that Japanese vessels shall stop regularly at designated places to await such enquiries or examination as are authorized in Article II of the Convention. 4. That the Convention does not relate to alcoholic liquors for non-beverage, including medicinal, purposes, which are regulated by the domestic laws of the United States. . 5. That the expression "three months before the expiration of the said period of one year" as used in the second paragraph of Article V is used in the sense of Hot lat.er than three months before the expiration of the said period. 6. That questions involving the application of the Convention arising while it is in force will be adjudicated in accordance with the provisions of the Convention as b force at the time the circumstances occurred, even if the Convention should lapse or be terI!!inated before tile decision is rendercd. The Secretary of State to the Japanese .1mbassador DEPARTlIE:,T OF STATE, May 31,1928. EXCELLENCY: I have the honor to acknowledge the receipt of Your Excellency'S note dated May 31, 1928, and the memorandum attaehed thereto of the under- standing that has been reached between us in regard to the interpretation of the Convention between the United States and Japan for the purpose of avoiding difficulties which might arise in connect.ion with the laws in force in the United States on the subject of alcoholic beverages. I be~ to st.ate that I am happy to confirm that the said memorandum, a dupli- cate of which is attached hereto, is a correct statement of the understanding reached by us in regard to the interpretation of the Convention. Accept, Excellency, the renewed assurances of my highest consideration. Enclosure: Memorandum His Excellency Mr. T8UNEO l\!.o\.TSUDAIRA, The Japant;;se Ambassador It is understood [En~losu.re] MEMORANDUM FRANK B KELLOGG 1. That the term "private vessels" as used in the Convention signifies all classes of vesEels other than' those owned or controlled by the Japanese Govern- ment and used for Governmental purposes, for the conduct of which the Japanese Government assumes full responsibility. 2449 Ex~hange of notes. From Japanese Am- bassador. From Secretary 01 State.