Treaty Series No. 838

The American Minister in Austria (Stockton) to the Austrian Vice-Chancellor and Federal Minister for Foreign Affairs (Schober)

Excellency: Referring to the Treaty of Friendship, Commerce and Consular Rights signed by the United States and Austria on June 19, 1928, I have the honor to inform you that the United States Senate on February 11, 1929, gave its advice and consent to the ratification of the said Treaty in a resolution, as follows:

Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of Executive B. Seventieth Congress, second session, a treaty of friendship, commerce, and consular rights with Austria, signed at Vienna on June 19, 1928, subject to the following reservation and understanding to be set forth in an exchange of notes between the high contracting parties so as to make it plain that this condition is understood and accepted by each of them:

That the sixth paragraph of Article VII shall remain in force for twelve months from the date of exchange of ratifications, and, if not then terminated on ninety days’ previous notice, shall remain in force until either of the high contracting parties shall enact legislation inconsistent therewith, when the same shall automatically lapse at the end of sixty days from such enactment, and on such lapse each high contracting party shall enjoy all the rights which it would have possessed had such paragraph not been embraced in this treaty.”

It will be observed that by this resolution the advice and consent of the Senate to the ratification of the Treaty are given subject to a certain reservation and understanding.

[Page 1007]

I shall be glad if when bringing the foregoing resolution to the attention of your Government, Your Excellency will state that my Government hopes that the Austrian Government will find acceptable the reservation and understanding which the Senate has made a condition of its advice and consent to the ratification of the Treaty. You may regard this note as sufficient acceptance by the Government of the United States of this reservation and understanding. An acknowledgment of this note on the occasion of the exchange of ratifications, accepting by direction and on behalf of your Government the said reservation and understanding, will be considered as completing the required exchange of notes and the acceptance by both governments of the reservation and understanding.

Accept [etc.]

G. B. Stockton