S.I. No. 635/1935 - League of Nations (Obligations of Membership) Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 635.

LEAGUE OF NATIONS (OBLIGATIONS OF MEMBERSHIP) ORDER, 1935.

WHEREAS it is enacted by sub-section (1) of Section 2 of the League of Nations (Obligations of Membership) Act, 1935 (No. 40 of 1935) that for the purpose of giving effect to the proposals set out in the Schedule to the said Act (hereinafter called " the Proposals ") so far as the same are to be carried out by the Government of Saorstát Eireann the Executive Council may by order take all such measures, impose all such prohibitions and restrictions, and do all such things as shall, in the opinion of the Executive Council, be necessary in order to carry into effective execution all or any of the measures mentioned in the Proposals :

AND WHEREAS it is enacted by sub-section (2) of Section 2 of the said Act that whenever the Executive Council makes an order under the said sub-section (1) of the said Section 2 the Executive Council may, by the same or any subsequent order, provide for all such matters and do all such things as shall, in the opinion of the Executive Council, be ancillary or incidental to or necessary for the enforcement of all or any of the provisions of the said order so made under the said sub-section :

AND WHEREAS, in the opinion of the Executive Council, it is necessary that an Order be made to carry into effective execution the measures mentioned in the Proposals so far as the same are to be carried out by the Government of Saorstát Eireann and to provide by such Order for certain matters and things ancillary or incidental to or necessary for the enforcement of the provisions thereof :

NOW THEREFORE the Executive Council, in exercise of the powers conferred on them by sub-sections (1) and (2) of Section 2 of the League of Nations (Obligations of Membership) Act, 1935 (No. 40 of 1935), and of every and any other power them in this behalf enabling, do hereby order as follows :—

PART I.PRELIMINARY.

1. This Order may be cited as the League of Nations (Obligations of Membership) Order, 1935.

2. The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In this Order

the expression " Italian territory " means the Kingdom of Italy and its colonies, possessions and dependencies and includes any territory for the time being effectively occupied by Italian armed forces, and

the expression " Italian goods " means goods grown, produced or manufactured in or consigned from Italian territory other than gold or silver bullion or coin.

PART II.PROHIBITION OF CERTAIN EXPORTS TO ITALIAN TERRITORY.

4. On and after the date of this Order, none of the articles mentioned in Part I or Part II of the Schedule to this Order shall be exported from Saorstát Eireann to Italian territory.

5. Save where the Revenue Commissioners are satisfied that goods being shipped on or delivered to a vessel or aircraft are required for consumption on such vessel or aircraft, no goods the exportation of which is prohibited by this Part of this Order shall be shipped or delivered as stores to any vessel or aircraft proceeding to Italian territory.

6. Section 139 of the Customs Consolidation Act, 1876, as amended by subsequent enactments shall have effect as if the reference therein to goods intended for exportation included a reference to goods intended for shipment or delivery as stores.

7. The Revenue Commissioners may direct the exporter of any goods the exportation of which to Italian territory is prohibited by this Part of this Order to produce any evidence that they may require that such goods have not reached Italian territory, and failure to produce such evidence shall be a contravention of this Order.

8. The Revenue Commissioners may detain any goods the exportation of which to Italian territory is prohibited by this Part of this Order, if they have reason to suspect that any declaration made in the course of making entry before shipment by a person about to export such goods is untrue in any material particular, and, unless the Revenue Commissioners are satisfied as to the truth of such declaration, such goods shall be forfeited.

9. Officers of customs and excise shall have the like powers in relation to articles the exportation of which to Italian territory is prohibited by this Part of this Order as they have by law in relation to other articles the exportation of which is prohibited or restricted by law.

10. The provisions of this Part of this Order shall be in addition to and not in derogation of the provisions of the Firearms Act, 1925 , which relate to the exportation of arms and ammunition from Saorstát Eireann.

PART III.PROHIBITION OF CERTAIN FINANCIAL TRANSACTIONS.

11. On and after the date of this Order no person resident in Saorstát Eireann and no company or body corporate incorporated under the laws of Saorstát Eireann or established therein shall

(a) make any loan, or engage, assist, participate or deal in or contribute to any loan (wherever issued or to be issued) or

(b) open or extend any banking or other credits to or for the benefit of the Italian Government or to or for the benefit of any person or public authority in Italian territory or any corporation incorporated under the laws of the Kingdom of Italy.

12. On and after the date aforesaid no person resident in Saorstát Eireann and no company or body corporate incorporated under the laws of Saorstát Eireann or established therein shall issue, underwrite, subscribe for or assist in any way whatsoever in the issue of any shares or other capital flotations (wherever issued) for any person or public authority in Italian territory or any corporation incorporated under the laws of the Kingdom of Italy.

13. For the purposes of this Part of this Order the following transactions in favour of any person shall without prejudice to the generality of the foregoing be deemed to be a loan made to or for the benefit of that prson, that is to say :

(a) the acceptance of any obligation (whether by way of guarantee, bill of exchange or otherwise) whereby such person is enabled to raise money,

(b) the purchase of a bill of exchange other than a bill of exchange payable on demand,

14. The provisions of this Part of this Order shall apply notwithstanding anything in any contract with the Italian Government or with any person or public authority in Italian territory or any corporation incorporated under the laws of the Kingdom of Italy, but the said provisions shall not operate to prohibit the performance of any contract made with any other Government, person, public authority or corporation prior to the date of this Order.

15. Nothing in this Part of this Order shall operate to prohibit any person resident in Saorstát Eireann or any company or body corporate incorporated under the laws of Saorstát Eireann or established therein from accepting, endorsing or negotiating any bill of exchange drawn prior to the date of this Order in respect of payment for Italian goods delivered in or en route to Saorstát Eireann prior to the date aforesaid.

16. This Part of this Order shall not apply to or affect any transaction with or for the benefit of any religious or humanitarian body or organisation.

PART IV.PROHIBITION OF IMPORTATION OF ITALIAN GOODS.

17. Subject to the provisions of this Part of this Order, no Italian goods shall be imported into Saorstát Eireann on or after the date of this Order.

18. The prohibition contained in the immediately preceding paragraph of this Part of this Order shall not apply to the following goods, that is to say :

(1) goods grown or produced in Italian territory and subjected to some process in another country or goods manufactured partly in Italian territory and partly in another country, provided that in either case it is proved to the satisfaction of the Revenue Commissioners that twenty-five per cent. or more of the value of such goods at the time at which they left the place from which they were last consigned is attributable to processes undergone since the goods last left Italian territory ;

(2) goods which have been shown to the satisfaction of the Revenue Commissioners to have been wholly paid for on or before the 19th day of October, 1935, or to have been en route at the date of this Order ;

(3) goods imported for exportation after transit through Saorstát Eireann or by way of trans-shipment ;

(4) goods which are the personal belongings of travellers from Italian territory ;

(5) newspapers, periodicals, printed books, printed music, maps and hydrographic charts.

19. Goods the importation of which is prohibited by paragraph 17 of this Part of this Order shall be deemed to be included among the goods referred to in the Table contained in Section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act and of any Act amending or extending that Act shall apply accordingly.

20. Should any doubt arise as to whether any goods are Italian goods the Revenue Commissioners may require the importer to furnish to them proof in such form as they may direct as to the country from or in which the goods were consigned, grown, produced or manufactured. Unless the Revenue Commissioners are satisfied on the proof so furnished that the goods in question were not Italian goods, such goods shall be deemed to be Italian goods.

SCHEDULE.

PART I.

Category I.

1. Rifles and carbines and their barrels.

2. Machine-guns, automatic rifles and machine pistols of all calibres and their barrels.

3. Guns, howitzers and mortars of all calibres, their mountings, barrels and recoil mechanisms.

4. Ammunition for the arms enumerated under 1 and 2 above; filled and unfilled projectiles for the arms enumerated under 3 above, and prepared propellant charges for these arms.

5. Grenades, bombs, torpedoes and mines, filled or unfilled, and apparatus for their use or discharge.

6. Tanks, armoured vehicles and armoured trains.

Armour-plate of all kinds.

Category II.

Vessels of war of all kinds, including aircraft-carriers and sub-marines.

Category III.

1. Aircraft, assembled or dismantled, both heavier and lighter than air, and their propellers or air-screws, fuselages, aerial gun-mounts and frames, hulls, tail units and under-carriage units.

2. Aircraft-engines.

Category IV.

Revolvers and automatic pistols of a weight in excess of 1 lb. 6 ozs. (630 grammes) and ammunition therefor.

Category V.

1. Flame-throwers and all other projectors used for chemical or incendiary warfare.

2. Mustard gas, Lewisite, ethyldichlorarsine, Methyldichlorarsine, and all other products destined for chemical or incendiary warfare.

3. Powder for war purposes, and explosives.

PART II.

(a) Horses, mules, donkeys, camels and all other transport animals ;

(b) Rubber ;

Chromium, manganese, nickel, titanium, tungsten, vanadium, their ores and ferro-alloys (and also ferro-molybdenum, ferro-silicon, ferro-silico-manganese and ferro-silico-manganese-aluminium) ;

Tin and Tin-ore.

List (c) above includes all crude forms of the minerals and metals mentioned and their ores, scrap and alloys.

DUBLIN.

This 18th day of November, 1935.