711.412/22

The Secretary of State to the British Ambassador (Howard)

Excellency: I have the honor to acknowledge the receipt of a communication, dated January 14, 1927, from the Honorable Hugh R. Denison, Commissioner of Australia, relating to the entry of Australian citizens into the United States, and to a recent discussion of the subject at the Department. Mr. Denison sets forth clearly the present status of Australian business men desiring to extend their commercial affairs in the United States and points out the restrictive features of the Immigration Act of 1924.2

He desires to learn whether (a) the Government of the United States is able, and would be willing to extend to citizens of the Commonwealth of Australia the privileges granted to British citizens under the Treaty of 1815, or (b), in the event of it not being possible to effect such an extension under that Treaty, would consider the negotiation of a special treaty with the Commonwealth for a similar purpose.

The Department considers that the Treaty of 1815 with Great Britain relates to trade and commerce with British possessions in Europe and that its provisions are not applicable to any of the component parts of the British Empire overseas.

As to the possibility of the negotiation of a treaty with the Commonwealth of Australia for the purposes defined in Mr. Denison’s communication, I beg to invite your attention to the wording of Section 3 (6) of the Immigration Act of 1924, which reads as follows:

“an alien entitled to enter the United States solely to carry on trade under and in pursuance of i a present existing treaty of commerce and navigation.”

That provision became effective on May 26, 1924, and hence would not apply to a treaty concluded subsequently. In view of this situation I am not prepared at present to discuss this aspect of the subject but the Department is deeply interested and I shall be glad to communicate with you at a later date in regard to it.

Accept [etc.]

Frank B. Kellogg
  1. 43 Stat. 153.