The Secretary of State to the Chargé in Egypt (Winship)
Sir: The Department acknowledges the receipt of the Legation’s despatch No. 154 of January 5, 1928, enclosing a note, with translation, received under date of December 28, 1927, from the Egyptian Foreign Office33 requesting that this Government consent to extending to the hours from sunset to sunrise the privileges of searching the domiciles of its nationals for the purpose of facilitating the task of the agents of the Department of Excises (a proper translation of the word “Accises” not “Assizes” as in the Legation’s translation) of the Egyptian Ministry of Finance in the investigation of premises under suspicion of concealing illegal distilleries.
When the other Powers enjoying capitulatory privileges in Egypt shall have given their consent to such extension of the right of search you may convey this Government’s consent to the Egyptian Government with the reservation that all searches shall be carried out under the restrictions created by the applicable treaties and the Protocol of 1874.34
For your information: The privilege of search was accorded the Turkish Empire in the terms of the Protocol of 1874 under the provisions and restrictions of which all searches of American domiciles in Egypt should be, and it is understood that they are, carried out. It should be understood, of course, that, if the request of the Egyptian Government be assented to under the conditions outlined above and an American national whose domicile is searched is found to have transgressed the applicable provisions of law in such a way as would subject him to penalties greater than those of simple police, the case should be turned over to the appropriate American consular court for action.
In connection with this instruction your attention is invited to the Department’s instruction No. 241 of December 10, 192535 with respect to a similar request of the Egyptian Foreign Office; a request regarding search between sunset and sunrise in the execution of the Narcotic Law of March 21, 1925.
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