611.6831/60
The Minister in Greece (Laughlin) to the Secretary of State
Athens, December 9,
1924.
[Received January 5, 1925.]
No. 197
Sir: My telegram No. 111, December 8th, 9
P.M.,21 will have
informed you that I had found reason to believe that Mr. Roussos had not
carried out the promise I reported in my No. 110, December 5th, 5
P.M.,21 to instruct
the Greek Legation in Washington to effect the exchange of notes you
desired for establishing a modus vivendi to cover
the period between the lapse on the 10th instant of the commercial
treaty with Greece and the conclusion of another treaty to replace
it.
I confirmed this by questioning the Chief of the Treaty Section of the
Foreign Office, as I was unable to have immediate access to the Foreign
Minister, and after making clear to him my feelings and intentions he
consented to accompany me forthwith to the Minister whom I found
assisting at the sitting of the National Assembly then in progress.
I succeeded without much difficulty in convincing Mr. Roussos of your
fixed desire to arrange the modus vivendi
according to the draft note you had communicated to him through the
Greek Legation in Washington and through this Legation, and expressed my
surprise at his failure to fulfil the promise I had had the honor to
report to you. In these circumstances I felt it necessary to insist that
he rectify the omission forthwith, but as the telegram he wrote in my
presence and read to me seemed to me not altogether certain to bring
about the result you desired, since it was susceptible of the
construction that the instructions to make the exchange of notes in
Washington might be dependent upon future action by the Greek National
Assembly, I expressed my dissatisfaction so forcibly that he himself
proposed to reassure me by making the exchange in Athens to-day after
the action he affirmed the Assembly was on the point of taking to
postpone the operation of the new customs tariff for some weeks.
Being convinced of your anxiety to arrange definitely a modus vivendi before December 10th apart from any
problematical Greek legislative action, I felt that this was the only
way to make sure of such a result and I therefore took it upon myself to
make the exchange with him to-day, not contingent upon any action of the
Greek Assembly, but as a positive engagement, subject however to your
subsequent confirmation since I had to take account of the
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arrangement you expected to
carry out of exchanging the notes in Washington. I felt that in view of
this intention you perhaps had omitted to inform me as fully as you
might have done had your original desire been for me to conclude the
business here, so I took the precaution of stating that I would make the
exchange subject to your later approval.
The exchange of notes was accordingly effected this morning as reported
in my No. 112, December 9th, 4 P.M.,23 and I have the honor to enclose herewith the two
notes establishing the modus vivendi of which the
Greek note is the original and mine the copy, and the copy of the note
by which I provided for your explicit assent to it.
I also enclose the copy of a Greek note23 presented to me at the time of the exchange which
tells of the passage last night by the National Assembly of a bill
giving the Government power to negotiate with other countries commercial
agreements to have a maximum duration of six months. During the
discussion of this bill the Finance Minister stated that he had no
objection to the postponement of the new tariff until the 1st of March,
the Assembly thereafter deciding to follow that course. The Department
will form its own conclusion as to the bearing, if any there be, that
this note may have upon the modus vivendi just
concluded. My telegram No. 113, December 9th, 5 P.M.,23 reported this tariff
postponement.
In view of the many objections to the new duties raised during the
discussion in the Assembly yesterday evening the Government as well as
the party leaders agreed to the appointment of a Parliamentary Committee
to study the matter and to make any changes they might consider
necessary. One of the reasons for the delay in the application of the
tariff is the necessity of giving this Commission a reasonable time for
the completion of its work.
I take the liberty, in concluding, to express the hope that in examining
my action in this case you will consider the fact that it was determined
by your anxiously expressed desire to establish a modus vivendi without fail on or before December 10th and that
in making the exchange of notes here without your instructions, and in
fact with the knowledge that it should have been done in Washington, I
knew that unless I assumed this responsibility your wishes could not be
carried through.
I have [etc.]
[Page 279]
[Enclosure 1]
The American Minister (Laughlin) to the Greek Minister for Foreign Affairs
(Roussos)
Athens, December 9,
1924.
No. 73
Your Excellency: As your Excellency is
aware the Secretary of State has communicated to the Hellenic Chargé
d’Affaires in Washington the desire of the Government of the United
States to conclude in the near future with the Hellenic Government a
comprehensive treaty of Friendship, Commerce and Consular Rights
which may serve as a lasting basis for economic and other
intercourse between the two countries and their nationals.
Your Excellency has also been apprised that pending the conclusion of
such a treaty the Government of the United States desires to effect
with the Hellenic Government a modus vivendi
by means of an exchange of notes.
I have therefore the honor to make to your Excellency the
communication embodied in my note No. 74 of to-day’s date which is
identical with the text I have received from my Government of the
draft note proposed to the Hellenic Legation in Washington, and to
add that I propose that this exchange of notes be effected in Athens
to-day in default of the exchange of notes that might have taken,
place in Washington before the 10th day of December 1924, or in
addition to such exchange there, should it occur, with the
understanding that in the former case the exchange is effected
subject to the confirmation of the Secretary of State in Washington
and that in the latter case the exchange of notes in Washington is
to be regarded as superseding that of to-day in Athens.
I embrace this opportunity to renew to your Excellency the assurances
of my highest consideration.
[Enclosure 2]
The American Minister (Laughlin) to the Greek Minister for Foreign Affairs
(Roussos)24
Athens, December 9,
1924.
No. 74
Your Excellency: I have the honor to make
the following statement of my understanding of the agreement reached
through recent conversations held at Washington on behalf of the
Government of the United States and the Government of Greece with
reference to the treatment which the United States shall accord to
the commerce
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of Greece and
which Greece shall accord to the commerce of the United States:
These conversations have disclosed a mutual understanding between the
two governments which is that in respect to import, export and other
duties and charges affecting commerce as well as in respect to
transit, warehousing and other facilities and the treatment of
commercial travelers samples, the United States will accord to
Greece and Greece will accord to the United States, its territories
and possessions, unconditional most favored nation treatment, and
that in the matter of licensing or prohibitions of imports and
exports, each country, so far as it at any time maintains such a
system, shall accord to the commerce of the other treatment as
favorable, with respect to commodities, valuations and quantities,
as may be accorded to the commerce of any other country. It is
understood that no higher or other duties shall be imposed on the
importation into or disposition in the United States, its
territories or possessions, of any articles, the produce or
manufacture of Greece, than are or shall be payable on like
articles, the produce or manufacture of any foreign country; no
higher or other duties shall be imposed on the importation into or
disposition in Greece of articles, the produce or manufacture of the
United States, its territories or possessions than are or shall be
payable on like articles, the produce or manufacture of any foreign
country; similarly, no higher or other duties shall be imposed in
the United States, its territories or possessions, or in Greece on
the exportation of any articles to the other or to any territory or
possession of the other than are payable on the exportation of like
articles to any foreign country; every concession with respect to
any duty, charge or regulation affecting commerce now accorded or
that may hereafter be accorded by the United States or by Greece, by
law, proclamation, decree or commercial treaty or agreement, to any
third country will become immediately applicable without request and
without compensation to the commerce of Greece and of the United
States and its territories and possessions respectively;
Provided that this understanding does not relate to
- 1)
- The treatment which the United States accords or may
hereafter accord to the commerce of Cuba, or any of the
territories or possessions of the United States, or the
Panama Canal Zone, or to the treatment which is or may
hereafter be accorded to the commerce of the United States
with any of its territories or possessions, or to the
commerce of its territories or possessions with one
another;
- 2)
- Prohibitions or restrictions of a sanitary character or
designed to protect human, animal or plant life or
regulations for the enforcement of police or revenue
laws.
The present arrangement shall become operative on the day of
signature, and, unless sooner terminated by mutual agreement, shall
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continue in force
until thirty days after notice of its termination shall have been
given by either party, but should either party be prevented by
future action of its legislature from carrying out the terms of this
arrangement, the obligations thereof shall thereupon lapse.
I shall be glad to have your confirmation of the accord thus
reached.
I avail myself [etc.]
