Evening star., 1938-12-11
Arms Export Control Defenders
Cite Avoidance of War Traps
Three Years of Experimentation With Unique
Peacetime Plan May Bring Only
Additional Safeguards
By Joseph II. Baird.

4&AC OAACOA oe2VCo AAoo JAoO SOAASAAASN
- three-year experiment unique in its
peace-time history-the absolute control
= by the Government of our entire for
! eign trade in ornaments. While some
critics may differ, those officials charged
a. with the task of supervising the dis
tribution of American arms to the rest
Of the world believe that the plan has
worked well and has accomplished its
purpose of keeping this country from
involvement in foreign quarrels.
Some tinkering with the machinery
OF arms control probably will be done
in the next Congress. It is anticipated
that certain vague passages in existing
laws may be clarified and further legal
safeguards added. But, on the basis of
more than 36 months of experience in
regulating the flow of arms-a period
during which war ragged in Ethiopia,
Spain and the Far East-the admins
tration is determined to keep the Ma
tional Munitions Control Board func-
tioning as permanent body.
That is true on the basis of present
world conditions. Observers, however,
can easily foresee the possibility that
our whole policy of neutrality might
be changed in the event of war in
which America might wish to lend eco
nomic and moral aid to faction with
which our interests were closely allied.
as, for instance, a war between opposing
blocs of Democratic and Fascist states.
But that is another question.
Of filling
the world, the time is opportune for a
backward glance at the experience OF
the Munitions Control Board in dealing
with the problems raised by strife in
Spain and the Far East.
Licensed Expectation.
Save for the Italian conquest of Ethi-
opia, the world was at peace in the late
summer of 1885, when Congress Launched
the experiment in arms control. BY the
ioint resolution of August 81 OF that
wear it established the legal basis for
the National Munitions Control Board.
This legislation set up board composed
of the Secretaries of State, Treasury,
War, Navy and Commerce to controi
. arms traffic. It provided that before
any category of war material could be
shipped abroad the exporter must obtain
a specific license for the shipment.
While this legislation gave the Gov
ernment control over arms exports, II
did not of necessity, stop munitions traf-
nc with warning nations Real "teeth,
however, were put in the act by con-
sressional amendment passed in May,
1897. with the idea of insuring that the
United States should not become in
volyed in foreign quarrels through aid
ing either side. The significant clause
of this amendment provided:
whenever the President shall flnd
that there exists state of war between,
or among, two or more foreign states, the
President shall proclaim such fact, and
1t shall thereafter be unlawful to export,
or to attempt to export, or cause to be
exported, arms, ammunition, or imple-
ments of war from any place in the
United States to any belligerent state
named in such proclamation, or to any
neutral state for transshipment to, or
for the use of, any belligerent state
Vigorous penalties for violation OF the
Presidents proclamation were provided
.bv Congress. Transgressors might be
!. fined up to $4,000, imprisoned for flve
wears, or both. Vessels carrying contra
band munitions, together with their
cargoes, were subjected to confiscation.
= Special Embargo for Spain.
e Meanwhile, the outbreak of civil war
!, In Spain and the possibility that Ameri-
can arms exports might prolong or in-
tensify the strife had led Congress in
January, 1887, to pass special resolu-
ton which provided:
THAT during the civil strife now OBJ
tanning in Spain it shall, from and after
the approval of this resolution, be un-
lawful to export arms, ammunition, or
implements of war from any place In the
United States, or possessions OF the
United States, to Spain or to any other
Z foreign country for transshipment to
Spain for use of either Of the opposing
factions in Spain"
Permanent legislation to cover civil
wars in other countries was incorporated
in the resolution of May l. 1t provided
! that whenever "the President shall lind
that state of civil strife exists in a
foreign state and that such civil strife is
s. Of q magnitude or is being conducted
under such conditions that the export OF
- arms, ammunition, or implements OF war
|, from the United States to such foreign
+ state would threaten or endanger the
naaca of the United States" that ship
ment of arms to that country should be
stopped.
}. The very day this legislation was
passed, May 1, 1887, President Roosevelt
issued the necessary proclamation to
= make Il effective. This proclamation
now provides the legal basis for restric-
ton Of arms sales to either faction in
Spain. It could, at any time the Presi-
dent saw 1T, be used to stop the flow Of
munitions from this country to the Far
/, East.
Thus far the two practical tests Of
munitions control and neutrality legis-
lation have been In Spain and the Far
East. Their results have been vastly diff
ferent and this difference has provided
the basis for acrimonious criticism of
the administration by groups who were
interested in the fortunes of warning
factions.
Moral Pressure First Applied.