accredited to the government of the United States of America, and the Secretary of State of that country." s "An American republic, which for any reason may not have a diplomatic representative accredited to the government of the United States of America, may appoint a special representative on the Governing Board. In case of the temporary absence, due to official leave or illness, of an Ambassador, Minister or Chargé d'Affaires accredited at Washington, he may be replaced on the Board by a Special Representative of the respective government, who may be selected from among the other members of the Governing Board, in which case such Representative shall have as many votes as states represented." 3 5. Organization; Governing Board 3 The Governing Board elects its President and Vice President, and, from among its members, a Committee charged with examining, on dates determined by the board, the accounts of expenditures of the Union, in conformity with the financial arrangements established by Regulations; decides upon what publications shall be issued under the auspices of the Union; determines the manner of appointment of the remainder of the personnel, as well as their duties and all matters affecting their welfare; and appoints the Director General and Assistant Director.6 6. Organization; Washington Administration (a) "A Director General, who shall have charge of the Administration of the Pan-American Union, with power to promote its most ample development, in accordance with the terms of this resolution, with the regulations and with the resolutions of the Governing Board, to which he shall be responsible. He shall attend in an advisory capacity the meetings of the Governing Board, of the committees, and of the International Conferences of American States, for the purpose of giving such information as may be required." 6 "The Director General shall prepare, with the approval of the Governing Board and in accordance with this resolution, the internal regulations by which the various services of the Pan-American Union shall be governed." 6 "The Director of the Pan-American Union shall present, at the regular session of the Governing Board in November, a detailed budget of the expenses of the next fiscal year. This budget, after being approved by the Governing Board, shall be communicated to the governments members of the Union, with an indication of the quota, fixed in proportion to population, which each government shall pay into the treasury of the Pan-American Union not later than the first of July of the following year." 6 3 Article V, of resolution adopted at Fifth International Conference of American States, at Santiago, Chili, 1923. 4 Article VII, of resolution adopted at Fifth International Conference of American States, at Santiago, Chili, 1923. 5 Article VIII, of resolution adopted at Fifth International Conference of American States, at Santiago, Chili, 1923. 6 Article VI, of resolution adopted at Fifth International Conference of American States, at Santiago, Chili, 1923. (b) "An Assistant Director, who shall act as Secretary of the Governing Board." (c) Counselor. (d) Foreign Trade Adviser. (e) Chief Clerk. (f) Consultant in Tariff and Juristic Matters. (g) Chief Statistician. (h) Chief Accountant. (i) Librarian. (j) Managing Editor. (n) Secretary to Director General. 7. Organization; National Agencies In the capital of each member republic there is an office attached to the Ministry of Foreign Affairs, or a committee composed "as far as possible of former delegates to an International Conference of American States, which office or committee is charged with the following duties:7 (1) To assist in securing ratification of the treaties and conventions, as well as compliance with the resolutions adopted by the Conferences. (2) To furnish the Pan-American Union, promptly and in a complete manner, all the information it may need in the preparation of its work. (3) To present, upon their own initiative, projects which they may consider. adapted to the purposes of the Union, and to fulfill such other functions which, in view of these purposes, may be conferred upon them by the respective govern ments. 6 Article VI, of resolution adopted at Fifth International Conference of American States, at Santiago, Chili, 1923. Article IV, of resolution adopted at Fifth International Conference of American States, at Santiago, Chili, 1923. 793 CHAPTER 84 UNITED STATES SECTION OF THE INTER-AMERICAN HIGH COMMISSION 1. Composition The Inter-American High Commission is a body composed of as many sections, similar to the United States Section, as there are countries in the Americas, each of such sections being presided over by a member of the national cabinet (usually the Finance Minister) of the country in which it is located. The United States Section consists of the eight representatives of the United States on the commission. 2. Mission The commission aims to bring about substantial uniformity in the commercial law and administrative regulations of the American republics and more stable financial relations between Latin America and the United States, and, in general to carry out the recommendations of the First and Second Pan-American Financial Conferences, and co-operate in the formulation and effectuation of the program of the international conferences of American states, in so far as it bears directly on the purposes and work of the commission. 3. History The First Pan-American Financial Conference was held in Washington, May 24-29, 1915, to study certain aspects of the situation in the Western Hemisphere arising out of the World War. All of the countries of that hemisphere, except Mexico, were represented, many by their respective Ministers of Finance, and all by delegates selected from leaders in juristic, economic, and financial fields. The commission, at first called the International High Commission, was organized upon the recommendation of the aforesaid Conference, and received legal recognition by the Act of February 7, 1916. The commission assembled in Buenos Aires April 3-12, 1916, to establish a definite program. This was accomplished, and the national sections began work thereon. The Second Pan-American Conference was held in Washington in January 19-24, 1920, to which the national section reported upon progress and received new instructions. The Fifth International Conference of American States, in 1923, made use of the studies made by the commission and, in turn, charged the commission with. new additional duties. 4. Activities (a) The primary duty of the commission is to study the laws and regulations of American countries affecting commercial intercourse, and in proposing means of harmonizing them so as to facilitate inter-American intercourse. It publishes reports on such kindred subjects as bills of exchange, promissory notes, checks, bills of lading, merchandise classification uniformity, protection of trade-marks, etc. (b) The Central Executive Council keeps in touch with jurists, bankers, and others prominent in economic and legal activities of the various American countries, receiving from, and giving to, them information and suggestions pertinent to the improvement of intercourse. It aims to create good will between the countries, both political and commercial. (c) The United States Section collects statistics of foreign trade, economic conditions, budgets, public debts, etc., of the other American countries, and otherwise carries out instructions received from the commission through the Central Executive Council. (d) As examples of the possibilities of service, based upon passed accomplishments, suppose a South American country should find that a United States consul assigned thereto were under general instructions that called for certain practices which such country deemed inapplicable thereto. Representations made through the respective national sections would bring the situation to the attention of proper authorities, and the objectionable instructions would be modified, or the necessity of their retention would be explained in such a way as to reconcile the objecting country. On a certain occasion one of the Southern countries was about to send a commission to the United States to seek modification of a certain United States law, which, it was thought, was prejudicial to a certain branch of exportation. The United States Section raised the question with the proper United States authorities, and reported, through the Central Executive Council, sufficient reasons why the laws could not be modified, and the complaining country desisted from sending its commission. United States business men, doing, or contemplating, business in Latin America, may well submit problems to the United States Section, if such problems are of a general nature, in contradistinction to problems of an individual or particular corporation. 5. Organization The Inter-American High Commission is at home, so to speak, in each of the twenty-one countries of the Americas. At each conference of the commission, it designates an international headquarters or place of residence for its Central Executive Council, composed of the Chairman, Vice Chairman, and Secretary of the National Section of the country so selected as the temporary residence. In 1916 the commission selected the United States as such place of residence. The United States Section, with offices in the Commerce Building, is constituted as follows: Honorary Chairman.-The Secretary of the Treasury. Chairman. The Secretary of Commerce. Vice Chairman.-Chairman of the Committee on Commerce of the Senate. Five Members. Honorary Members.-Director General, Pan-American Union. Secretary. 795 6. Publications Among the publications of the Commission are the following: (a) Report of Elliot H. Goodwin, upon Uniformity of Regulations for Commercial Travelers and Their Samples in the American Republics. (b) Report of Paul Fuller and Harry Van Dyke, on the Conditions Imposed by Latin-American Republics upon Foreign Companies Doing Business Within Their Jurisdictions. (c) Report of Phanor J. Eder, on Uniformity of Laws of Bills of Exchange. (d) Message from the President of the United States, transmitting a Report of the United States Section of the International High Commission on the First General Meeting of the Commission, held at Buenos Aires, April 3-12, 1916. (e) Report of Prof. Joseph French Johnson, upon the Establishment of a Gold Standard of Value in the Republics of the American Continent. (f) Committee Reports and Resolutions Adopted at the First General Meeting, held in Buenos Aires, in April, 1916. (g) Informe Preliminar Sobre La Unificacion Del Derecho Relativo Al Cheque En Las Naciones Americanas. (h) Addresses delivered on the occasions of the formal transfer of the chairmanship of the commission by Hon. W. G. McAdoo to Hon. Carter Glass. (i) The Convention Providing for the Establishment of an International Gold Clearance Fund. (j) Convention Concerning Commercial Travelers. (k) Report of Dr. L. S. Rowe to Hon. W. G. McAdoo. (1) Report of the Secretary of the Treasury to the President on the Second Pan-American Financial Conference at Washington, January 19-24, 1920. (m) Estadisticas De Importacion y Exportacion de los Estados Unidos de Venezuela en 1918. (n) Memoria Sobre Aceptaciones Bancarias y Comerciales. (0) Informe Preliminar Sobre La Uniformidad del Derecho Relativo a Ventas Condicionales en las Naciones Americanas. (p) Program of Activities of the Inter American High Commission October 22, 1923 (Programa de Actividades de la Alta Comision Interamericana 22 de Octubre de 1923). (q) Convention for the Protection of Commercial, Industrial, and Agricultural Trade-Marks and Commercial Names (Signed in Santiago, Chile, April 28, 1923); Convencion Para la Proteccion de Marcas de Fabrica, Comercio y Agricultura y Nombres Comerciales (Firmada en Santiago de Chile, el 28 de Abril de 1923); Convencao Para a Proteccao das Marcas de Fabrica, Commercio e Agricultura e dos Nomes Commerciaes (Assignada em Santiago de Chile o 28 de Abril de 1923); Convention Pour la Protection des Marques de Fabrique, Commerce et Agriculture et Designations Commerciales (Signee a Santiago du Chile le 28 d'Avril de 1923). (r) Inter-American High Commission, United States Section (Alta Commision Interamericana, Seccion de los Estados Unidos); Reports of the Secretary. Informes Presentados por el Secretario, en los Dias 10 de Enero y 22 de Octubre de 1923. (s) Report Regarding the Laws Governing Stock Corporations on the American Continent. |