701.90 h 11/6

The Ambassador in France ( Herrick ) to the Secretary of State

No. 5671

Sir: I have the honor to transmit herewith the original and translation of a note addressed to me by the Minister of Afghanistan, with which was transmitted a rough draft of a proposed treaty between Afghanistan and the United States regarding the establishment of an Afghan Legation at Washington, and an American Legation at Kabul.

The Department’s instructions, regarding the nature of a reply to be made to the Afghanistan Minister in the premises, are respectfully requested.

I have [etc.]

Myron T. Herrick
[Enclosure—Translation]

The Afghan Minister in France and Belgium ( Nadir ) to the American Ambassador ( Herrick )

No. 386

Mr. Ambassador: In our conversation of July 15th last,1 I made known to you the desire of the Royal Afghanistan Government for the maintenance of friendly relations with the Government of the United States of America, the appointment of diplomatic representatives in the two countries respectively, as in other countries of Europe, and the establishment of regular diplomatic intercourse with the great American power which is a pioneer State of civilization and progress in the entire world.

During our conversation mentioned above, I verified the harmony of your friendly ideas with my own, and I have hastened to transmit this information on to my Government, which has just communicated to me the desire of Afghanistan to establish relations with the United States of America.

[Page 558]

To this end, I had the honor verbally to discuss with you on October 28, 1925, the desire of my country to institute diplomatic relations, and at the same time I hasten to confirm this by the present letter. I have the honor to bring to the attention of your Excellency that I have been charged by my Government to begin conversations with the government of the United States of America for the establishment of diplomatic relations with Afghanistan.

I have the honor to inform you that, as soon as you shall have officially received a favorable reply from your government on this subject, I shall be prepared to leave for Washington for the purpose of concluding, in the name of Afghanistan, a treaty of friendship with the great republic of the United States of America, the draft of which I take pleasure in enclosing herewith.

Accept [etc.]

M. Nadir
[Subenclosure—Translation]

Draft of Treaty of Friendship

Desirous of facilitating the relations of friendship and commerce between the Republic of the United States of America and Afghanistan, His Excellency, the Minister of Foreign Affairs of the American Republic and His Excellency, Sirdar Ala Mohamed Nadir Khan, Envoy Extraordinary and Minister Plenipotentiary, of the Royal Government of Afghanistan in France and Belgium, have agreed to the following:

1.
The American government consents to receive a permanent diplomatic mission from the Afghan government. The Afghan government consents to receive a permanent diplomatic mission from the American government. These missions shall enjoy in both countries equal treatment in conformity with international law.
2.
The missions of both countries may consist of: a representative of the rank of Envoy Extraordinary and Minister Plenipotentiary, a Counsellor, a First Secretary, two Second Secretaries, a Commercial Attaché and an interpreter.
3.
The representative of each country may float his national flag above the building in which he resides. He may communicate en clair and in code by telegram and wireless with his government and its other representatives.
4.
The contracting States are in agreement as regards the conclusion in the future of a treaty for the purpose of facilitating economic and consular relations.
5.
The buildings of the contracting States shall enjoy the right of extraterritoriality and in no case may they be used for purposes of asylum by persons who violate local laws in force.

Done in two copies, English and Persian, both texts being of equal validity.

  1. In his despatch No. 6078 of Feb. 20, 1926 (not printed), the American Ambassador in France reported that the first interview between M. Nadir Khan and the Ambassador occurred on June 19, 1925, and not on July 15.