711.472/7

The British Embassy to the Department of State 3

Memorandum re Entry of Australian Business Men Into the United States

On December 30, 1926, the Prime Minister of Australia, The Eight Honourable S. M. Bruce, had the honour of an interview with the Secretary of State at Washington, when the question of the disabilities attaching to the entry of Australian business men into the United States outside of the quota was discussed.

The Prime Minister was accompanied at that interview by His Excellency the British Ambassador and the Commissioner for Australia in the United States.

At the close of the interview the Honourable the Secretary of State requested that a statement of the position from the Australian point of view should be prepared and sent to him by the Commissioner for Australia.

Under date of January 14, 1927, a communication was duly forwarded to the Secretary of State, setting out clearly the position existing at present, and asking (a) whether the Government of the United States of America 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, the Government of the United States would be agreeable to negotiate a special treaty with the Commonwealth for a similar purpose.

Subsequent to receipt of this letter the British Ambassador was given to understand semiofficially that the matter was under consideration, but that the Department was not in a position to give a definite opinion thereon until it had been ascertained whether Congress would be prepared to amend Section 3, Clause 6. of the United States Immigration Act of 1924.

Under date of February 18 [26], 1927, a communication was sent from the Department of State, Washington, intimating:

(1)
that the Department considered 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;
(2)
that as regards the possibility of the negotiation of a treaty with the Commonwealth of Australia for the purposes defined in the communication of the Commissioner for Australia, dated January 14, Section 3, clause 6. of the Immigration Act of 1924 did not apply to a treaty concluded subsequently.

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It was further added that in view of this situation the Secretary of State was not prepared at that time to discuss that aspect of the subject, but that the Department was deeply interested and would be glad to communicate with the British Ambassador at a later date in regard to it.

Since then no further communications appear to have passed between the parties in reference to this matter, but a letter has now been received by the Commissioner for Australia from the Prime Minister of the Commonwealth, asking that this matter should be reopened in view of the fact that the officials of the State Department appear to recognise that Australia in this matter is under a disability that should be removed as early as possible.

It should be noted that the annual quota for Australia, which is at present the only means by which Australian business men may enter the United States for any extended period in connection with their business, only numbers a hundred and twenty-one and is at the present time filled by applicants for at least two years ahead.

It should be further noted that business between the United States of America and Australia is steadily increasing from year to year, and now amounts to very considerably over 250 million dollars per annum.

There is no restriction of any kind on American business men entering the Commonwealth of Australia and staying in that country as long as may be necessary for them to conduct and complete their business; and at the present time there are considerably over one thousand American citizens resident in the Commonwealth of Australia taking part in such business relations.

It is now desired to learn whether there is any possibility of this matter being brought before Congress during the session about to commence, with a view of obtaining some amendment of the Immigration Act of 1924 which will permit Australian business men to enter for bone fide business purposes without restriction as to the length of their stay in the United States, and also whether any further information is required from Australia in connection with this matter.

  1. Left at the Department by the British Ambassador and the Australian Commissioner Nov. 30, 1927.