regulations as far as practicable, it is necessary that I should record my views, for, otherwise, I should not be complying with the wishes of my government nor with those of the Conference.

The remarks I have to make are as follows:

REMARKS OF MR. ALFONSO OF CHILI.

The undersigned, a delegate from Chili, has signed the report of the Committee on Customs Regulations, reserving the right to make the observations which follow, and which he asks may be attached to the minutes of this session.

The Conference was called to study the means best calculated to improve and to simplify the customs regulations in the several ports of the countries therein represented. The Government of Chili joins with pleasure in this proposition whenever its execution shall have for a standard a system more liberal than that which now exists in Chili.

Animated by the same feeling, the committee has studiously examined this question, and it has essayed to obliterate, by means of a well conceived plan, the inconveniences which to-day exist, such as great labor, loss of time, heavy expenses, and great risk.

Notwithstanding this purpose of the committee, in full keeping with the nature of the duty imposed on it, there are in the plans submitted to the Conference some points in which the customs regulations of Chili impose on commerce fewer obstacles and less expense, or establish measures, in the opinion of its delegation, more advantageous.

Consequently, the undersigned, in full accord with the provisions of the report relative to the approval of the measures proposed, not making it obligatory to modify legislation which is more liberal, has thought best to make some explanations, for did he not do so he would act at variance, in so far as Chili is concerned, to the end sought by the Conference in this behalf, and which is to simplify customs regulations.

On the other hand it is proper that the progress made 563A-24

should be recorded, it being allowable to state that in customs regulations and provisions Chili for a long time past has had nothing to learn even from the most advanced countries.

Referring to the first recommendation of the report, it should be observed that the customs legislation of Chili does not demand that the master of a vessel carrying foreign merchandise shall make a personal declaration before the custom-house officials to verify the inward manifests.

The production of this latter document is sufficient, and, in default thereof, the original bill of lading, with a detailed statement of the cargo not included in them and the surplus ship stores on board. The personal declaration of the master has no object; it may be said that it is a useless requirement. What is called an outward manifest in the same first recommendation exists in Chili under another

name.

As regards the second recommendation, the said legislation does not demand that the declarations made for the entry of imported merchandise shall be accompanied by the original invoices.

In the delivery of goods for home consumption these documents are not required. It is considered that the invoices, with or without consular certification, can not serve as a basis for the preliminary estimates of duty. In Chili to import merchandise it is only necessary to present a petition, called a custom-house permit (póliza de despacho), which shall contain a reference to the manifest of the cargo, the vessel bringing it, the port of lading, the consignee, and a list of the merchandise in detail, specifying its class and quantity. No other document is required. Consequently consular certification and the fees incident thereto are unknown.

It is not required that the document referred to in No. 3 should express the value of the merchandise, nor that the declaration shall conform to the invoices; this conformity is only required with the inward manifest, and especially the contents of the packages.

The defects of form to which No. 5 refers are not subject

to the rule therein set down, because the consular intervention referred to is not recognized. There exists a general rule which protects the good faith of commerce, and which is to the effect that whenever it is manifest an error has been committed there is no room for the application of penalties.

When cases of dispute as to legal rate or amount of duty arise, subject-matter of No. 8, the Chilian law provides that the dispute be settled by the collector of customs, without appeal, after hearing two experts, one named by the custom-house, and the other by the importer and the custom-house inspector.

It is well to have in view that the dispatch of goods for home consumption is done in the following manner: The permit (póliza de despacho) presented, a custom-house inspector proceeds to the examination of the packages mentioned in the permit. This examination is conducted in the presence of the importer, who may make at the time. any explanations he may see fit. If the importer is satisfied with the valuation made by the inspector, he takes his goods and the matter is ended. If he be not satisfied, the course already indicated is followed, and the collector decides the matter without appeal. The proceeding is verbal and brief, and the importer takes part therein, he having the right to express before the collector what he considers as best serving his interests.

As will be seen, both in the act of appraisement and in the procedings before the collector when disputes arise, the importer is heard, and may make all the explanations the case may demand.

This system has been in force for many years. Commerce is satisfied with it, undoubtedly, because it protects all its rights.

In the other cases in which the dispatch of goods gives rise to a dispute; for example, when the petition (póliza) does not agree with the contents of the packages, be it because the contents are of a class of greater value than those called for, or be it because they are of a class demanding higher duties, the question is tried by the ordinary civil. courts, with but one appeal, the proceedings in both cases

being brief and summary, and, naturally, the importer being heard in both cases.

The warehouses recommended in No. 9 have existed in Chili for more than half a century. The State provides commerce with all the accommodations necessary to this end. The storage may continue for three years, it being allowable to renew it for three years more at the request of the importer.

Bonds are not demanded for this storage. The charges demanded by the State are moderate. Thus, for example, when the charge is upon the gross weight, the rate is four cents per month for each hundred kilograms. The importer may remove his goods for home consumption or reexport them at the times and in the quantities he wishes, it is understood, of course, within the periods indicated. The storage in the custom-house warehouses is, as a general rule, obligatory. The President of the Republic may make exceptions, in order that some goods shall be dispatched immediately upon their discharge from the vessel, and that others be deposited in private warehouses, in consideration of the special character of the said goods.

The remarks concerning No. 2, relating to the invoice, are equally applicable to No. 10, it being necessary to add that the examination referred to in the latter has for its only object the verification of the invoice and the contents of the packages therein specified.

The provisions of No. 14, relating to the exemption from liability for duties within the limits of the country of importation when the full amount of import duties shall have been paid at the frontier, is the rule observed in Chili, and a very old one. The delivery once made, the goods are considered as domestic for the effects of this number.

Referring to the recommendation contained in No. 16, concerning the right of appeal, it has already been seen, in treating of No. 8, what guaranties the importer enjoys; guaranties which long practice has demonstrated are all that commerce can wish for, and with which it has expressed itself as satisfied.

Naturally, upon making the preceding remarks, with the object of their being annexed to the minutes, the un

dersigned extends them so as to include the premises or preamble of the report of the committee in so far as they relate thereto. He has only, however, taken up the conclusions which set forth the subjects upon which the Conference is to pass.

Mr. ROMERO. The chairman of the committee has already stated what took place therein when the report now before the Conference was under consideration. He has also stated, as this assembly has heard, that in his country there are more liberal regulations than those set forth in this report, at least in some respects, and to the end that this may not be an obstacle to the delegate from Chili signing the report, as well as for other honorable delegates who may find themselves in a like situation, I proposed an additional article which stated that no country having more liberal regulations would be obliged to accept these provisions. But I find that upon inserting this article the recommendations of the committee, it has been placed in the cxplanatory part, whereas it should have been included in the resolutions. Therefore I move that it be stricken out of the explanatory part, where it now appears, and be appended as a special article, thus removing all difficulties. The resolution reads:

among

RECOMMENDATIONS.

In accordance with the conclusions thus carefully set forth, your committee asks the Conference to recommend to all the countries here represented the adoption of the following measures, the acceptance of which need not imply a change in such legislation of any of the American Republics as already contains more liberal provisions, should be the subject of a speedy article.