Rules as to Flag. 109 vessels will be carefully examined, and in case they are not regular as to the cargo or the proposed business of the vessel, its departure will be requested within 24 hours without further operations, unless it submit to the measures required by the authorities in order to guarantee the requirements of neutrality. ART. 16. Infractions, aside from these measures of protection and sequestration of articles of contraband, will be submitted to judicial authority under the provisions and statutes of the Penal Code. ART. 17. Let it be communicated, inserted, and published. BATLLE Y ORDÓÑEZ. BALTASAR BRUM. JUAN BERNASSA Y JEREZ. Decree forbidding the flying of the flag by vessels belonging to belligerent countries. August 18, 1914. In view of- [Registro Nacional, 1914, p. 409.] MINISTRY OF FOREIGN RELATIONS, 1. The communication of the consul general in Brazil in reference to the anxiety of a Brazilian concern which wishes to take the Uruguayan flag for a steamer which actually flies the flag of a belligerent power; 2. The declaration of the London Naval Conference of February 26, 1909, article 56, which says: "The transfer of an enemy vessel to a neutral flag, effected after the opening of hostilities, is void unless it is proved that such transfer was not made in order to evade the consequences which the enemy character of the vessel would involve." 3. The difficulty, in the case in question, of establishing any cther object than that foreseen by the declaration cited, since it is not a question of a vessel acquired by a Uruguayan company or person and for the service of that concern and for the advantage of the country whose flag it wishes to take; The President of the Republic resolves and decrees: ARTICLE 1. In the circumstances in question, the permission to fly the flag as a Uruguayan vessel by a vessel which flies the flag of a belligerent country is not considered applicable. ART. 2. Let it be communicated, inserted, and published. BATLLE Y ORDOÑEZ. BALTASAR BRUM. Prohibition in national ports, in territorial waters, and in the interior of all radio communications with vessels of war or commerce. August 31, 1914. In view of: [Registro Nacional, 1914, p. 435.] MINISTRY OF FOREIGN RELATIONS, MINISTRY OF WAR AND NAVY, (1) The provisions of article 13 of the decree of August 7 of the present month, concerning the use of radio apparatus by vessels which are in the ports or waters of the Republic, and (2) articles 8 of the international telegraphic convention of St. Petersburg, 171 of the radio conventions of Berlin and London," and 5 and 25 of convention xiii of The Hague, 1917; The President of the Republic decrees: ARTICLE 1. All radio communication from one ship to another, either of war or of commerce, is forbidden in ports, jurisdictional and territorial waters. ART. 2. Radio communication coming from ships or addressed to them ought to be clearly written and in the Spanish, French, English, German, Italian, or Portuguese languages. Abbreviations and conventional addresses and signatures are also forbidden in telegrams. Telegrams proceeding from Governments or legations can pass in a cipher or conventional language on condition that they carry clear proof of their origin. ART. 3. Radio stations will advise every war or merchant vessel which enters the territorial or jurisdictional waters that it is forbidden to make use of its apparatus except in case of danger, and in that case to direct its messages only to the coast stations. ART. 4. The stations which have noticed any communication between vessels which are in the territorial or jurisdictional waters will give the notice provided by article 3 and will immedately bring the matter to the attention of the maritime authorities by transmitting the text of any communication which they may have received. ART. 5. Without prejudice to the penalties applicable for disobedience to the orders of the authorities, all vessels which, in the ports or waters of the Republic, shall violate the provisions of the present decree will be obliged to dismantle their telegraphic apparatus, and whenever this measure can not be applied they will be forbidden access to the ports. (Art. 9 of Hague convention xiii, 1907.) ART. 6. The general inspection of radiotelegraphy is charged with the execution of the provisions of the present decree. ART. 7. Let it be communicated, inserted, and published. BATLLE Y ORDOÑEZ. JUAN BERNASSA Y JEREZ. 1 Martens, N. R. G., II, 3: 614. 2 Charles, Treaties, pp. 151, 185. Armed Merchant Vessels. 111 Addition to the decree of August 7, 1914, determining the duties of countries as neutral powers in that which concerns merchant vessels armed for defense. September 8, 1914. In view of [Registro Nacional, 1914, p. 442.] MINISTRY OF FOREIGN RELATIONS. 1. The doubts which have arisen for the maritime authorities as to the meaning of the rules contained in articles 12 and 15 of the decree of August 7, 1914, concerning ships which, while declaring that they are engaged only in commercial operations, carry on board arms which might serve for hostile ends; 2. Article 8 of convention xiii of The Hague, which imposes the obligation upon neutral Governments to use all means at their disposal to prevent in their jurisdiction the arming of vessels for privateering or participating in any hostile operations against a power with which they are at peace and for preventing the departure of a vessel under those conditions; 3. That it can and ought to be considered as compatible with the carrying out of legitimate commercial operations, that the vessels be armed for defense, if at the same time these vessels by other conditions of their equipment and their navigation, present sufficient guaranty of their true character. The President of the Republic decrees: ARTICLE 1. Vessels which arrive at the ports of the Republic carrying cargoes and passengers as in the normal course of navigation will be regarded as devoted to commerce even if they have arms on board. Each vessel will be required to make an express declaration in writing: (1) That it is engaged in commerce; (2) That it will not be transformed into a privateer; (3) That the arms which it has on board will be used only to defend the vessel in case of attack. ART. 2. If the authorities have doubts as to the destination of the arms or munitions which the vessel carries, as to their quantity, disposition, etc., they will proceed conformably to the provisions of the decree of August 7. ART. 3. A merchant vessel which does not carry passengers or cargo will be considered as having that character even if it carries arms, if the legation of the country to which it belongs makes a declaration in writing to the ministry of foreign relations equivalent to that suggested in article 1. ART. 4. The falsity of the declarations referred to in article 1 will give occasion for the application of the provisions of article 9 of convention xiii of The Hague and of that which results from it when the vessel is under the jurisdiction of the Republic. ART. 5. Let it be communicated, inserted, and published. BATLLE Y ORDOÑEZ. BALTASAR BRUM. JUAN BERNASSA Y JEREZ. Addition to the decree of August 31, 1914, which prohibits in national ports, territorial waters, and in the interior all radio communication with war or merchant vessels. September 29, 1914. [Registro Nacional, 1914, p. 485.] MINISTRY OF WAR AND NAVY, Montevideo, September 29, 1914. Considering that it is necessary to amend the decree of August 31, last, relative to radio communication in the ports and territorial and jurisdictional waters: The President of the Republic decrces: ARTICLE 1. Vessels which for any reason sojourn in the ports or roadsteads more than 72 hours should have their radio apparatus dismantled in such a manner that they can neither send nor receive communications. ART. 2. The general inspection of radiotelegraphy, in cooperation with the maritime authorities, will take the measures necessary for the execution of the present decree. ART. 3. Let it be communicated, inserted, and published. BATLLE Y ORDOÑEZ. BALTASAR BRUM. JUAN BERNASSA Y JEREZ. Regulation on the installation and use of radiotelegraphy on land and on vessels, national or foreign, in the ports or waters of the nation. October 20, 1914. [Registro Nacional, 1914, p. 507.] MINISTRY OF FOREIGN RELATIONS, MINISTRY OF INDUSTRY, MINISTRY OF WAR AND NAVY, Montevideo, October 20, 1914. In view of 1. The provisions of articles 1, 6, 8, and 21 of the convention of July 5, 1912,1 on radiotelegraphy, and article 9 of the additional regulations referring to the obligations concerning the international rules applicable to all stations; to communication between the authorities of stations established in each country; to the means of preventing interference with the service of each of the stations by the others; and to the necessity of an authorization for the operation of the stations, etc. 2. Article 3 of convention v and article 25 of convention xiii of The Hague, 1907, and 3. The decrees of August 31 and September 29, 1914, on the limitation of the use of radio apparatus; The President of the Republic decrees: ARTICLE 1. No person or company can establish radio stations nor install nor operate radio apparatus on land or on national vessels without a permit from the Executive power. 1 Chartes, Treaties, pp. 185. ART. 2. No use can be made of apparatus installed on vessels lying in the ports or territorial or jurisdictional waters of the Republic except in accord with the orders of the national authority. ART. 3. In making a request for authorization to install or operate radio stations or apparatus, a declaration must be made of (a) the class of apparatus, with specification of the power and source of energy; (b) the use to which it is to be put; (c) the place or vessel where it will be installed; (d) the name of the person or company, proprietor of the place or vessel and its nationality, the whole accompanied by documentary evidence; (e) a sketch of the interior and exterior of the installation, with description of measurements. ART. 4. The Executive power reserves to itself the right to or not to authorize the operation of the station or apparatus, as well as that of demanding any information or supplementary document in order to determine in each case the possibility of the authorization. ART. 5. Under the name of radiotelegraph is included all classes of apparatus of the Marconi, Telefunken, Rochefort, and other systems for the transmission of communications without metal wires or cables, telegraphic apparatus employed for the same use, and all equivalent mechanisms or means, such as optical apparatus, lights, flags, etc. ART. 6. The requests for all matters relative to this decree will be presented to the ministry of war and navy. ART. 7. All persons or companies who have radio stations or apparatus on land, or on national or foreign vessels at anchor to remain more than three days in the ports or waters of the Republic, ought to communicate before 10 hours with the ministry of war and navy, conformably to the provisions of article 3. ART. 8. After the delay provided in article 7, all stations and installations made in contravention of the provisions in force will be dismantled and rendered unusable. ART. 9. The maritime authorities, the national telegraph, and the electrical works of Montevideo will give to the national inspection of radiotelegraphy the cooperation necessary to prove the existence of radio stations or installations, and for an exact application of the provisions of the present decree. The same cooperation will be solicited of private telegraph and telephone companies. ART. 10. Infraction of the provisions of the present decree will be punished by the penalties provided in section ix of book ii, title iii, of the penal code without prejudice to the right of dismantling all apparatus and installations or the measures indicated by the decrees of August 31 and September 29, 1914. ART. 11. Let it be communicated, inserted, and published. 79596-17- -8 BATLLE Y ORDOÑEZ. JUAN BERNASSA Y JEREZ. |