The Finnish Minister left with me today the appended revised draft as a
counter proposal of the Finnish Government for an exchange of notes to
establish a modus vivendi for reciprocal
most-favored-nation treatment. I said that we would study the matter
and, if necessary, would request him to come again to the Department to
explain any points in the revised draft which might not be clear.
With respect to the consular provisions, the Minister said that these had
been incorporated in the draft as they would tend to commend the
document to Parliament which, without them, might not favor the proposed
procedure.
[Enclosure]
Revised Draft for cm Exchange of Notes Between
the Finnish and American Governments
Sir: 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 Finland with reference to
the treatment which the United States shall accord to the commerce,
navigation, citizens, corporations and Consuls General, Consuls,
Vice Consuls
[Page 89]
and Consular
Agents of Finland and which Finland shall accord to the commerce,
navigation, citizens, corporations and Consuls General, Consuls,
Vice Consuls and Consular Agents of the United States.
These conversations have disclosed a mutual understanding between the
two Governments which is that in respect to import and export
duties, light, harbor, port and tonnage dues and all other charges
affecting commerce and navigation, as well as in respect to transit,
warehousing and other facilities, and the treatment of commercial
travelers’ samples, and in respect of any taxes, imposts or charges
of whatever denomination, the United States will accord to Finland,
and Finland 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 or exports,
each country, so far as it at any time maintains such a system, will
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 in any case, be imposed on the
importation into or disposition in the United States, its
territories or possessions, of any articles the produce or
manufacture of Finland than are or shall be payable on like articles
the produce or manufacture of any foreign country;
No higher or other duties shall, in any case, be imposed on the
importation into or disposition in Finland of any 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 Finland, 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;
The citizens and corporations of the United States, its territories
and colonies, shall be accorded in Finland, and the citizens and
corporations of Finland, shall be accorded in the United States, its
territories and colonies in every respect a treatment not less
favorable than that which is accorded to the citizens and
corporations of the most favored nation.
The Consuls General, Consuls, Vice Consuls and Consular Agents of the
United States and Finland, in the territories and colonies of the
other, shall enjoy all of the rights, privileges, liberties, favors,
exemptions and immunities that, are enjoyed by consular officers of
the same rank and quality of the most favored nation.
[Page 90]
Every concession with respect to any duty, charge or regulation
affecting commerce and navigation, or treatment of citizens and
corporations, or concerning the rights and privileges of Consuls
General, Consuls, Vice Consuls and Consular Agents now accorded, or
that may hereafter be accorded by the United States or by Finland,
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, navigation, or treatment
of citizens and corporations, or concerning the rights and
privileges of Consuls General, Consuls, Vice Consuls and Consular
Agents of Finland 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)
- The treatment which Finland actually accords or may hereafter
accord to Esthonia; the treatment in regard to the employment of
pilots which Finland actually accords or may hereafter accord to
Sweden in respect to navigation north of 59 degrees north
latitude; the treatment which Finland actually accords or may
hereafter accord to Russia in regard to fishing and sealing in
the Arctic waters of Finland; nor the treatment which Finland
accords to France in Article 6 of the Treaty of Commerce
concluded between Finland and France July 13, 19214
- (3)
- Prohibitions or restrictions of a sanitary character or
designed to protect human, animal or plant life.
It is understood that the present arrangement, with the exception of
the stipulations concerning customs duties and navigation, shall not
become operative until both parties have notified each other that
the necessary legislative measures have been carried out, but that
the stipulations concerning customs duties and navigation shall be
applied after the expiration of thirty days from the day I shall
have received your confirmation of this arrangement. The arrangement
shall, thereupon, be in force until the ordinary Treaty of commerce,
navigation and consular representation to be concluded, shall have
come into force, unless, prior to that time, either contracting
party shall have given notice of its intention to terminate the
same, in which case this arrangement shall cease to be in force
three months after the notice of termination.
I shall be glad to have your confirmation of the accord thus
reached.
Accept, Sir, etc.
