Papers relating to the foreign relations of the United States, 1928, Volume II

659.11241/5

The Secretary of State to the Minister in Denmark (Dodge)

Washington, April 5, 1928.

No. 90

Sir: There is enclosed a copy of despatch No. 2861 dated February 14, 1928, from the American Consul General at Copenhagen²⁰ concerning the extension of the privilege of free importation to American and Danish Consular Officers in the country of the other under the provisions of the Convention of 1826 between the United States and Denmark.²¹

Articles 8 and 10 of the Convention are as follows:

• “Art. 8. To make more effectual the protection which the United States and His Danish Majesty shall afford, in future, to the navigation and commerce of their respective Citizens and subjects, they agree mutually to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce; who shall enjoy in them all the rights, privileges and immunities of the Consuls and Vice-Consuls of the most favoured nation, each contracting party, however, remaining at liberty to except those ports and places, in which the admission and residence of such Consuls may not seem convenient.”
• “Art. 10. It is likewise agreed that the Consuls and persons attached to their necessary service, they not being natives of the country in which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts and contributions, except those which they shall be obliged to pay, on account of commerce, or their property, to which inhabitants, native and foreign, of the country in which such Consuls reside, are subject, being in everything, besides, subject to the laws of the respective States. The Archives and papers of the Consulate shall be respected inviolably, and, under no pretext, whatever, shall any magistrate seize or in any way interfere with them.”

Article 27 of the Consular Treaty between the United States and Germany²² is as follows:

“Art. XXVII. Each of the High Contracting Parties agrees to permit the entry free of all duty and without examination of any kind, of all furniture, equipment and supplies intended for official use in the consular offices of the other, and to extend to such consular officers of the other and their families and suites as are its nationals, the privilege of entry free of duty of their baggage and all other personal property, whether accompanying the officer to his post or imported at any time during his encumbency thereof; provided, nevertheless, that no article, the importation of which is prohibited by the law of either of the High Contracting Parties, may be brought into its territories.

“It is understood, however, that this privilege shall not be extended to consular officers who are engaged in any private occupation for gain in the countries to which they are accredited, save with respect to governmental supplies.”

You are instructed to bring this matter to the attention of the appropriate Danish authorities stating that in view of Article 10 of the Treaty of 1826 between the United States and Denmark it is the opinion of this Government that Consular Officers of the respective countries are entitled to the privilege of importing articles for their personal use free of duty, not only upon arrival and return from leave, but also at any time during their official residence and that it is hoped that the Danish Government can see its way to an understanding of this nature which it is believed can only redound to the benefit of the Consular Officers of both countries without causing an appreciable loss of revenue in either case.

You will please add that moreover on the basis of the most favored nation clause in the Treaty between the United States and Denmark, this Government is prepared to extend to Danish Consular Officers the privileges of Article 27 of the Treaty with Germany provided similar treatment is accorded American Consular Officers assigned to Denmark.

I am [etc.]

For the Secretary of State:

W. R. Castle, Jr.

20. Not printed.
21. Miller, Treaties, vol. 3, p. 239.
22. Foreign Relations, 1923, vol. ii, pp. 29, 43.