891.512/4

The Minister in Persia (Kornfeld) to the Secretary of State

No. 231

Sir: Referring to the Legation’s despatch No. 225 of July 2528 and the Department’s telegram No. 17 of July 31, I have the honor to transmit herewith copy and translation of a joint note sent to the [Page 566] Persian Government on June 14, 1922, protesting against the imposition of municipal taxes on subjects enjoying the capitulations.

I have [etc.]

Jos. S. Kornfeld
[Enclosure—Translation]

The Diplomatic Representatives in Persia of the United States, Great Britain, France, Belgium, and Italy to the Persian Minister for Foreign Affairs

The question of payment by foreigners of the taxes established by the Municipality has been for some time the subject of exchanges of view between the Imperial Minister for Foreign Affairs and the various Legations. Desirous of finding a just solution to this question, their Excellencies, the Ministers of Great Britain, France, United States of America, as well as the Chargé d’Affaires of Italy, agreed with the Dean of the Diplomatic Corps to examine it in the most conciliatory spirit. From this examination, it has resulted that there is reason to distinguish in this request two essential points:

1)
regard for the text of the treaties as far as the importation of merchandise from abroad is concerned;
2)
the legal uniformity of the taxes which the Municipalities might impose and the guarantees as to their application.

In considering the first of these distinctions, the representatives of the Powers above-mentioned have deemed that it would be absolutely impossible for them to admit any tax contravening directly the texts of the treaties. Now the prescriptions imposed by the Municipality providing that foreign merchandise must pay a tax on entering the Municipal territory is in contravention of these texts.

The latter stipulate in fact that merchandise, imported from abroad having on its entrance into Persia paid the customs duties regularly established, will not be subject to the collection of any further duty. No exceptional tax can be claimed. Merchandise imported from abroad after having paid the customs duty must, under these conditions, be transported freely to the interior of the country as far as their destination without any Municipality having the right to intervene and exact taxes affecting the transportation of merchandise. This principle established—and the undersigned chiefs of missions do not doubt that it is recognized as just by the Imperial Government—the pretension of the Municipalities submitted for their approval by the Ministry of Foreign Affairs to make foreigners pay certain taxes from which they have been exempted until now, might subsequently be favorably examined with the reservation that this question would be the subject of a preliminary understanding between the interested [Page 567] Legations and the Imperial Government and after a uniform law on the Municipalities had been voted by the Medjliss.

As for the so-called road taxes (voiries), established by the Municipalities on the uniform basis of legislative prescriptions, they might be submitted for payment by foreign subjects with the guarantee that they would be entirely applied to the upkeep and improvement of an organized municipal service.

As soon as the Imperial Government will have agreed with them on these principles, the undersigned chiefs of missions will not fail to report for the approval of their respective Governments the conditions under which modifications might be effected in the system existing until the present time with regard to the payment of taxes by foreign nationals.

Persuaded that their desire to cause these modifications to be admitted in an equitable manner will be understood by the Persian Government, they are convinced that it will reply favorably in such a way as to facilitate their task.

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