711.632/16: Telegram

The Secretary of State to the Minister in Austria (Washburn)

[Paraphrase]

25. Referring to your despatches No. 374 of December 29, 1923,2 No. 419 of March 8, 1924, and No. 546 of September 17, 1924,3 on the subject of the Treaty of Friendship, Commerce, and Consular Rights.

This Government has under consideration the counterproposals which the Austrian Government has made and will shortly send you instructions regarding them. It is desired that you inform this Government whether after July 16, 1925, the Austrian Government intends to continue to accord American commerce most-favored-nation treatment as provided in articles 217, 218, 219, and 220 of the Treaty of Saint Germain-en-Laye,4 to which the United States received rights by the treaty of August 24, 1921, establishing friendly relations.5 July 16 is the date after which it is understood that the rights granted the Allied and Associated Powers under the articles referred to will cease.

It is the view of this Government that reciprocal most-favored-nation treatment, as now accorded to the commerce of Austria by the United States and by Austria to the commerce of the United States, ought to be continued until the negotiations now being conducted for the Treaty of Friendship, Commerce, and Consular Rights have been concluded and the treaty brought into force. Please take up the matter with the Austrian Foreign Office informally and learn whether it would be ready to assure continuance of most-favored-nation treatment as provided in the four articles referred to. Please report by telegram.

[Page 517]

You know, of course, of the provisions of section 317 of the Tariff Act of 1922,6 according to which the President is empowered to proclaim additional or new duties not exceeding 50 percent ad valorem or the equivalent on articles imported from any country which discriminates in respect to any customs duties or other charges, or in the classification or regulation of commerce, against the commerce of the United States. You should not, however, make reference to section 317 unless the attitude of the Austrian authorities necessitates it.

Kellogg
  1. Dated Dec. 18, 1923, mailed Dec. 29, 1923; ibid., p. 413.
  2. Nos. 419 and 546 not printed.
  3. Malloy, Treaties, 1910–1923, vol. iii, pp. 3228–3229.
  4. Ibid., pp. 2493 ff.
  5. 42 Stat. 858.