The date of June 2, 1930, will mark the beginning of the period of 1 year stipulated by article 14 of the convention for the latter to go into effect. The American Chargé d'Affaires ad interim (Sussdorff) to the Belgian No. 965 EMBASSY OF THE UNITED STATES OF AMERICA, Brussels, June 26, 1937. Notification effect ing deposit of ratifica EXCELLENCY, Acting under instructions from my Government, I have the honor tion of the United to inform Your Excellency that the United States of America has rati States of America. Subject to designat ed understandings. fied the convention for the unification of certain rules relating to bills of lading for the carriage of goods by sea and a protocol of signature thereto, dated and opened for signature at Brussels on August 25, 1924, and signed on behalf of the United States of America at Brussels on June 23, 1925. The convention is ratified by the United States of America with two understandings, to which the Senate made its advice and consent subject, namely: "that notwithstanding the provisions of Article 4, Section 5, and the first paragraph of Article 9 of the convention, neither the carrier nor the ship shall in any event be or become liable within the jurisdiction of the United States of America for any loss or damage to or in connection with goods in an amount exceeding $500.00, lawful money of the United States of America, per package or unit unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading"; and "that should any conflict arise between the provisions of the convention and the provisions of the act of April 16, 1936, known as the Carriage of Goods by Sea Act, the provisions of said act shall prevail." In accordance with the second paragraph of Article 11 of the convention, which provides that ratifications deposited subsequent to the signature of the procès-verbal relating to the first deposit of ratifications shall be made by means of a written notification addressed to Your Excellency's Government and accompanied by the instrument of ratification, I have the honor to transmit herewith the instrument of ratification of the United States of America, signed by the President on May 26, 1937.1 1 Post, p. 261. 2 There are also enclosed for the information of Your Excellency's Government a copy of the "Carriage of Goods by Sea Act" of 1936,1 and of a memorandum prepared by my Government showing a comparison between the Act and the Convention. Additional copies of the Act and the memorandum will be made available to Your Excellency at an early date for transmission to the other signatory Governments. I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration. Enclosures: 1. Instrument of ratification 2. Carriage of Goods by Sea Act 3. Memorandum (one copy only) His Excellency Mr. PAUL H. SPAAK LOUIS SUSSDORFF, Jr. Chargé d'Affaires a. i. Minister for Foreign Affairs and Foreign Commerce [Enclosure 1] [RATIFICATION OF THE UNITED STATES OF AMERICA] FRANKLIN D. ROOSEVELT, President of the United States of America, TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, That whereas a convention for the unification of certain rules relating to bills of lading for the carriage of goods by sea and a protocol of signature thereto, dated and opened for signature at Brussels on August 25, 1924, were signed on various dates thereafter by the respective Plenipotentiaries of the United States of America, Germany, Belgium, Chile, Spain, Estonia, France, Great Britain and Northern Ireland, with a reservation, Hungary, Italy, Japan (the convention only), with reservations, Poland and the Free City of Danzig, Rumania and the Kingdom of the Serbs, Croats and Slovenes (Yugoslavia), certified copies of which convention and protocol are hereto annexed: 3 AND WHEREAS, the Senate of the United States of America by their resolution of April 1 (legislative day March 13), 1935 (twothirds of the Senators present concurring therein), did advise and consent to the ratification of the said convention and protocol of signature thereto, "with the understanding, to be made a part of such ratification, that, notwithstanding the provisions of Article 4, Section 5, and the first paragraph of Article 9 of the convention, neither the carrier nor the ship shall in any event be or become liable Instrument of ratification. Carriage of Goods by Sea Act. within the jurisdiction of the United States of America for any loss or damage to or in connection with goods in an amount exceeding $500.00, lawful money of the United States of America, per package or unit unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading". AND WHEREAS, the Senate of the United States of America by their resolution of May 6, 1937 (two-thirds of the Senators present concurring therein), did add to and make a part of their aforesaid resolution of April 1, 1935, the following understanding: "That should any conflict arise between the provisions of the Convention and the provisions of the Act of April 16, 1936, known as the 'Carriage of Goods by Sea Act', the provisions of said Act shall prevail": Now, THEREFORE, be it known that I, Franklin D. Roosevelt, President of the United States of America, having seen and considered the said convention and protocol of signature, do hereby, in pursuance of the aforesaid advice and consent of the Senate, ratify and confirm the same and every article and clause thereof, subject to the two understandings hereinabove recited and made part of this ratification. IN TESTIMONY WHEREOF, I have caused the Seal of the United States of America to be hereunto affixed. DONE at the city of Washington this twenty-sixth day of May in the year of our Lord one thousand nine hundred and [SEAL] thirty-seven, and of the Independence of the United States of America the one hundred and sixty-first. By the President: CORDELL HULL FRANKLIN D ROOSEVELT Secretary of State. [Enclosure 2] [CARRIAGE OF GOODS BY SEA ACT 1] AN ACT Relating to the carriage of goods by sea. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea to or from ports of the United States, in foreign trade, shall have effect subject to the provisions of this Act. TITLE I SECTION 1. When used in this Act (a) The term "carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper. 1 Public, No. 521, 74th Cong., 49 Stat. 1207. (b) The term "contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, insofar as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same. (c) The term "goods" includes goods, wares, merchandise, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried. (d) The term "ship" means any vessel used for the carriage of goods by sea. (e) The term "carriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship. RISKS SEC. 2. Subject to the provisions of section 6, under every contract of carriage of goods by sea, the carrier in relation to the loading, handling, stowage, carriage, custody, care, and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth. RESPONSIBILITIES AND LIABILITIES SEC. 3. (1) The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to (a) Make the ship seaworthy; (b) Properly man, equip, and supply the ship; (c) Make the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation. (2) The carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried. (3) After receiving the goods into his charge the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things (a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage. (b) Either the number of packages or pieces, or the quantity or weight, as the case may be, as furnished in writing by the shipper. (c) The apparent order and condition of the goods: Provided, That no carrier, master, or agent of the carrier, shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking. (4) Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraphs (3) (a), (b), and (c), of this section: Provided, That nothing in this Act shall be construed as repealing or limiting the application of any part of the Act, as amended, entitled "An Act relating to bills of lading in interstate and foreign commerce", approved August 29, 1916 (U. S. C., title 49, secs. 81-124), commonly known as the "Pomerene Bills of Lading Act." (5) The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him; and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper. (6) Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. If the loss or damage is not apparent, the notice must be given within three days of the delivery. Said notice of loss or damage may be endorsed upon the receipt for the goods given by the person taking delivery thereof. The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection. In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered: Provided, That if a notice of loss or damage, either apparent or concealed, is not given as provided for in this section, that fact shall not affect or prejudice the right of the shipper to bring suit within one year after the delivery of the goods or the date when the goods should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods. (7) After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier to the shipper shall, if the shipper so demands, be a "shipped" bill of lading: Provided, That if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships |