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Neutrality Declaration, Venezuela.

The President of the Republic decrees:

119

ARTICLE 1. The time of sojourn in the ports, roadsteads, and waters of the Republic of belligerent vessels of war is limited to 24 hours except in the cases and exceptions provided by convention xiii of The Hague and by articles 5, 7, and 12 of the decree of August 7 conforming to the provisions of that convention. ART. 2. Let it be communicated, inserted, and published.

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As there exists at present a state of war between several nations of Europe with which Venezuela maintains relations of friendship, and the Government of the Republic being desirous to sustain its neutrality in this conflict, deems necessary to make known the rights which, in accordance with the principles and practices of international law and with the obligations of diplomatic treaties, the Republic is called to observe.

To this effect I have the honor to accompany with this note the instructions which in consequence with those principles, with the resolutions of the second peace conference of The Hague of 1907, and with the rules adopted by Venezuela in regard to the rirates of the belligerents, the collectors of customs of the Republic can follow in the cases which may occur, so as to make effective the neutrality which the national government is decidedly disposed to observe in the actual war.

In any case not foreseen in these instructions, the customs officials shall proceed immediately to communicate to this department, through the respective channel, the necessary information to elucidate the character of the case and to the effect of its decision by the national government.

According to the informations which have been obtained up to date confidentially the belligerent nations are: On the one side, Germany and Austria; and on the other, Russia, France, Great Britain, Servia, and Belgium.

Dios y Federacion.

MANUEL DIAZ RODRIGUEZ.

1 Unless otherwise indicated, the Venezuelan documents are transcripts of the English translations in Estados Unidos de Venezuela, Boletin del Minestero de Relaciones Exteriores 1914, p. 137 et seq. The Spanish text may also be found in El Libro Amarillo de los Estados Unidos de Venezuela, Ministro de Relaciones Exteriores, 1915, vol. 2, p. 21 et seq.

Instructions to the collectors of customs of the Republic relating to the neutrality of Venezuela in the present European war, August 8, 1914.

Permit that the warships of the belligerents make use of the pilots officially appointed.

Prevent that warships of the belligerents remain in the port or anchorage or in the waters of your jurisdiction for more than 24 hours, except in the cases foreseen in these instructions.

The permanency of a warship of a belligerent in a neutral port can only be prolonged more than the duration aforesaid in case of damage or on account of the state of the sea.

It must be forced to depart from the time the cause of the delay has ceased.

The rules on the duration of the permanency in the port, harbor, or neutral waters do not apply to ships of war exclusively destined to religious, scientific, or philanthropic missions.

Not to permit that there be anchored in the port, harbor, or territorial waters more than three ships of war of a belligerent. When ships of war of the belligerent parties are found simultaneously in the port or harbor, at least 24 hours must elapse within the departure of the ship of a belligerent and the departure of the ship of the other.

The order of the departures must be determined by that of the arrivals, unless the ship that first arrived be in the case that the prolongation be admitted beyond the legal duration of the permanency.

A ship of war of a belligerent shall not leave the port or harbor but 24 hours after the departure of a ship of commerce carrying the flag of its opponent.

Not to permit that the ships of war of belligerents be able to repair their damages in the port or harbor but in the strict measure for the security of their navigation, nor to augment in any manner whatsoever their military force. Inform the Executive immediately of the repairs to be effected.

Not to permit that the ships of war of belligerents be able to use the port, harbor, or territorial waters to increase or augment their military provisions or munitions, as also to complete their Inform the Executive immediately of such pretension. Not to permit that the ships of war of belligerents be able to provide themselves with provisions, but to complete their normal provisions as in time of peace.

crew.

Shall neither permit that such ships take coal but for the arrival to the nearest port of a neutral country.

If the ship can not take coal but 24 hours after its arrival it shall be permitted the permanency of 24 hours beyond the legal duration.

Enforcement of Neutrality.

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Not to permit that ships of war of the belligerents be able to renew their provisions of coal but after three months from the time at which it took coal in that same port or in any other of the Republic.

Not to permit that any spoils be taken to the port but on account of innavigability, of the state. of the sea, of want of combustibles, or of provisions. Must inform the Executive immediately to that effect, together with all the necessary information.

Advise the Executive immediately if a ship of war of a belligerent refuses to leave the port where it has no right to remain. In reference to foreign privateers:

The arming, equipping, and recruiting of crews for privateers will not be permitted in the ports of the Republic.

Privateers and vessels of war, with the prizes which they have made, will not be permitted to enter the ports.

Asylum will not be given to privateers, except when in case of damages or lack of provisions they are obliged to take refuge in the ports of the Republic.

But in the first case, sojourn can not be permitted for more than the time strictly necessary for the repair of the damage; in the second case they should not remain in port more than 24 hours, nor purchase a greater quantity of provisions than is necessary to reach the nearest port of another neutral country.

In any case, the sale or exchange of the prizes either in whole or in part will not be permitted in the ports of Venezuela under any pretext.

If vessels of war, without prizes, or privateers in the circumstances described, enter any port of the Republic, they can not put to sea until all other vessels which have previously weighed anchor shall have disappeared from the horizon.

Instructions relating to neutrality enforcement, August 9, 1914.

No. 1032.

MINISTRY OF FINANCE, DIRECTOR OF ADMINISTRATION, Caracas, August 9, 1914.

CITIZEN MINISTER OF FOREIGN RELATIONS:

In reply to your attentive note of to-day, No. 1475, D. P. E., together with which you please accompany the memorandum containing the instructions for the collectors of customs relating to the neutrality of Venezuela in the present European war, I have the honor to inform you that this department has with this same date addressed said collectors, in order that, when the case arises, they may comply with the referred-to instructions.

Dios y Federacion.

ROMÁN CÁRDENAS.

Instructions relating to the enlistment of individuals and the setting on foot of military expeditions, August 12, 1914.

MINISTRY FOR FOREIGN RELATIONS,

SECTION OF EXTERNAL PUBLIC LAW,
Caracas, August 12, 1914.

No. 1512.

CITIZEN MINISTER OF THE INTERIOR:

I have the honor to address you, in accordance with the information sent to the ministry under your worthy charge with reference to the actual European conflict, to call your attention as to the obligations under which the authorities are to prevent in the national territory the enlistment or uprisings of individuals for forming corps to take part in favor of any of the belligerent countries, as well as also to prevent that the offers made by citizens of the Republic be carried to effect to lend services in the war to any of such belligerents through their respective legations in Venezuela.

These obligations derive from the principles that can be applied to countries that are neutral in regard to the complete impartiality in their relations with the belligerents and with the forbearance of all acts having the character of favor or succor to one with prejudice to the other.

As it is disposed that the National Government shall sustain its neutrality in said conflict, I pray you to take note of what I have stated for the dispositions you deem convenient enact on the matter.

Dios y Federacion.

MANUEL DIAZ RODRIGUEZ.

Instructions relating to the enlistment of individuals and the setting on foot of military expeditions, August 19, 1914.

No. 93.

MINISTRY OF THE INTERIOR,

POLITICAL SECTION, Caracas, August 19, 1914.

CITIZEN MINISTER OF FOREIGN RELATIONS:

In reply to the communication of that department, dated 12th instant, and marked with No. 1512, D. P. E., with reference to the obligation under which the authorities are to prevent the enlistment or uprisings of individuals in the national territory for the formation of corps to take part in favor or against any of the belligerent countries on account of the actual European conflict, as well as to prevent that the offers made by citizens of the Republic to lend services in the war, I have the honor to inform you that this department has already addressed the respective authorities to the ends expressed in your mentioned communication.

Dios y Federacion.

C. ZUMETA.

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SIR: It has been decided by the Government of Venezuela that it shall sustain the strictest neutrality in the European war, so you shall please notify all Venezuelan citizens residing in that jurisdiction, by direct communication or through the consuls of your dependence, of the duties they must observe by reason of the neutrality, cautioning them that, in the case of infringing them, they shall not be able to embrace the advantages of the Venezuelan neutrality nor the aid of our diplomatic and consular agents.

I am, very truly, yours,

MANUEL DIAZ RODRIGUEZ.

Instructions relating to radiotelegraphy, August 24, 1914.

No. 1585.

MINISTRY FOR FOREIGN RELATIONS,
SECTION OF EXTERNAL PUBLIC LAW,
Caracas, August 24, 1914.

CITIZEN MINISTER OF FINANCE:

The envoy extraordinary and minister plenipotentiary of Great Britain, in the name of his Government, has called attention of this chancery as to the possibility that the use of wireless telegraphy by merchant vessels of nations in war, in the territorial waters of a neutral country, may lead to violation of the neutrality, and has expressed the desire that the Government of Venezuela give immediate instructions to dismantle all the wireless telegraphy apparatus installed on such ships in our territorial waters.1

This chancery has replied to Mr. Minister that the rules of conduct which he alleges in support of his petition have not as yet obtained the unanimous consent of the powers, nor have they been embodied in the conventions actually in force. Notwithstanding the reason stated, the Federal Executive, prompted by the purport that the territory of Venezuela may not serve as a base for communications which favor the acts of war of any belligerent, has decided to prohibit the use of wireless telegraphy on board merchant vessels of the nations in war while lying in the ports of the Republic.

And I have the honor to communicate it to you, so that you may please add to the instructions given as a guide to the collec

1 In a note of Mr. Harford, British minister to Venezuela, September 18, 1914 (Rev. Gen., Doc. 22: 205), it is stated that all important maritime nations, including the United States, Brazil, Chile, Peru, Uruguay, Sweden and Norway, have taken measures to dismantle radio apparatus in belligerent merchant vessels in port. After some correspondence, Venezuela followed this practice, as the instructions show.

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