883.05/166: Telegram
The Ambassador in Great Britain ( Davis ) to the Secretary of State
[Received 7:31 p.m.]
1005. My 989, June 25, 10 p.m.2 After preliminary discussion held yesterday, Foreign Office made following proposals regarding projected British régime in Egypt.
“1. The United States having recognized the protectorate in Egypt, declared by Great Britain on December 18th, 1914, renounces, in favor of Great Britain, all rights and privileges which they possess in Egypt in virtue of the régime of the capitulations.
[Page 219]2. From the coming into force of the new judicial organization in Egypt under the authority of the [protecting] power the American consular courts shall cease to exercise jurisdiction except for the purpose of completing pending cases.
3. Citizens of the United States shall enjoy in Egypt the same treatment as British nationals in all matters concerning public liberties, the administration of justice, individual rights including the tenure of real property and mining rights, the exercise of professions, businesses and industries and the imposition of taxes and duties.
Children born in Egypt of an American father, who is entitled to the privileges of a foreigner there, shall be entitled to American nationality; they shall not, by the sole reason of birth in Egypt, become Egyptian subjects.
4. American consul general, consuls, vice consuls and consular agents in Egypt shall enjoy, from the closing of the consular courts, the same status as American consuls in Great Britain.
They shall continue to exercise in the interest of private persons all their non-judicial functions in the same conditions as heretofore, in so far as the laws of Egypt do not conflict therewith.
5. Treaties other than those relating to commerce and navigation which are in force between Great Britain and the United States shall extend to Egypt.
It is reciprocally agreed that the system at present in force in the United States and in Egypt respectively in regard to imports from the other country and in regard to exports to that country shall not be in any way modified, without notice, which shall be given twelve months in advance. Nevertheless, the present arrangements shall not interfere with the right of the United States Government and of the Egyptian Government to introduce modifications in the existing customs regulations and duties provided that they apply equally to all other countries.
6. American schools of every denomination in Egypt shall continue to enjoy the same liberty as hitherto, they shall submit to whatever laws, for the control of schools, are made applicable to all European schools in Egypt.
7. The United States agree, subject only to the consent of the other powers concerned being obtained thereto, that all the powers and duties of the International Quarantine Board in Egypt shall pass into the hands of the Anglo-Egyptian authorities.”
While it is admittedly difficult to reconcile the Department’s attitude as expressed in its 637, June 15 [11], 5 p.m., with the avowed objects of paragraph[s] 1 and 2, it is respectfully pointed out that similar proposals are being made to all capitulary powers that a majority of the twelve consular courts in Egypt will be closed as a result of present negotiations, and that the American consular court, according to the Foreign Office, held its last session 15 years ago.
- Paragraph 3: Last line of clause one may be considered as protection against introduction of imperial preference in Egypt; clause two appears to accord fully with international law and is therefore unobjectionable.
- Paragraph 4 clause two simply insures free exercise of notarial functions and official actions such as celebration of marriages.
- Paragraph 5 clause one relates principally to extradition; I have reason to believe that period of 12 months mentioned in clause two will be prolonged if request is made to that effect.
- Paragraph[s] 6 and 7 seem acceptable if not advantageous. The International Board mentioned in paragraph 7 will not be abolished but simply controlled by Anglo-Egyptian authorities.
The question of reorganization of the Mixed Court will be considered later. I suggest that the Department insist on separate private understanding respecting American representation thereon. However, as previously pointed out Great Britain is not inclined to grant this as a right in view of possible complications with other powers.
- Not printed.↩