611.7131/63
The Minister in Rumania (Culbertson) to the Secretary of State
Bucharest, March 1,
1926.
[Received March 26.]
No. 145
Sir: Referring to the Department’s Instruction
No. 45 of February 3, 1926,1 relative to a modus vivendi
to be effected by an exchange of notes with the Rumanian Government, to
my telegram No. 10 of February 26th1 and to the Department’s reply No. 10 of February
27th,1 I have the
honor to transmit copies of my Note providing for reciprocal
most-favored nation treatment, addressed to the Minister for Foreign
Affairs and of his identic Note in the French text.
Referring to the first paragraph of the Department’s Instruction
mentioned above, I have the honor to state that I advised the Minister
for Foreign Affairs of the Department’s desire to undertake the
negotiation of a treaty of friendship, commerce and consular rights with
Rumania and that we expected that the exchange of notes would not be
used as an excuse for delaying the negotiation of such a treaty. The
Minister for Foreign Affairs assured me that the exchange of notes would
not be used as the occasion for delay and that as soon as certain
studies were completed in the Ministry of Finance he would be glad to
take up with me the discussion of a general commercial treaty.
I have [etc.]
[Enclosure 1]
The American Minister (Culbertson) to the Rumanian Minister for Foreign Affairs
(Duca)
Bucharest, February 26,
1926.
No. 16
Mr. Minister: I have the honor to make the
following statement of my understanding of the agreement reached
through recent conversations held at Bucharest on behalf of the
Government of the United States and the Government of Rumania with
reference to [Page 899] the treatment
which the United States shall accord to the commerce of Rumania and
which Rumania 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 of import and export duties
and other duties and charges affecting commerce, as well as in
respect of transit, warehousing and other facilities, and the
treatment of commercial travelers’ samples, the United States will
accord to Rumania, and Rumania 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, 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 be imposed on the importation into or
disposition in the United States, its territories or possessions, of
any articles the produce or manufacture of Rumania 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 Rumania 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 Rumania, 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 Rumania, by law, proclamation, decree or
commercial treaty or agreement, to the products of any third country
will become immediately applicable without request and without
compensation to the commerce of Rumania 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
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.
Accept [etc.]
[Enclosure
2—Translation]
The Rumanian Minister for Foreign Affairs
(Duca)
to the American Minister (Culbertson)
Bucharest, February 26,
1926.
No. 12006
Mr. Minister: I have the honor to send you
the following statement concerning the agreement reached through
recent conversations held at Bucharest on behalf of the Government
of the United States and the Government of Rumania with reference to
the treatment which the United States shall accord to the commerce
of Rumania and which Rumania 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 of import and export duties
and other duties and charges affecting commerce, as well as in
respect of transit, warehousing and other facilities, and the
treatment of commercial travelers’ samples, the United States will
accord to Rumania, and Rumania 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, 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 be imposed on the importation into or
disposition in the United States, its territories or possessions, of
any articles the produce or manufacture of Rumania 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 Rumania of any articles the produce or manufacture of
the United States, its territories or possessions, than are or shall
[Page 901] 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 Rumania, 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 Rumania, by law, proclamation, decree or
commercial treaty or agreement, to the products of any third country
will become immediately applicable without request and without
compensation to the commerce of Rumania 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
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.
Accept [etc.]
