711.572/68
The Norwegian Minister (Bachke) to the Secretary of State
Mr. Secretary of State: I have had the honor to receive Your Excellency’s notes of March 23 and April 6, 1928, containing comments on the observations made in the note of this Legation of December 9, 1927, regarding the draft treaty of Friendship, Commerce and Consular Rights, transmitted by the note of State Department to this Legation, dated August 13, 1925.
Having submitted to the consideration of my Government Your Excellency’s notes, I have been informed by the Foreign Minister at Oslo that his department at once has commenced studying the observations therein presented so as to expedite its reply as much as possible. I have had the honor already verbally to mention in the Department of State two questions relating to Article VI and VIII in the draft for the treaty concerning which I have received instructions from Oslo. Your Excellency’s two notes of April 27, 1928, dealing with said articles, have been transmitted by cable to my Government.
At the present occasion I beg leave to state:
- 1.
- As far as concerns the word “personal” which the American Government desires to be placed before the word “property” in the first line in the addition to article IV, 2nd paragraph, proposed by my Government, the said amendment is accepted.
- 2.
- Your Excellency’s note of March 23, 1928, mentions that as to the suggestion made by my Government regarding the second paragraph of Article XIX that a stipulation be included to the effect that the exemption from taxation does not apply to municipal rates levied on real estate, the scope and effect of the proposed change is not clear. The Legation is now in a position to give the following information which it is hoped will explain the change: In Norway the greatest part of the municipal taxes is levied by assessment on income and capital of individuals and corporations. Real estate purchased by a foreign government for the official use of its legation or consulate, is exempt from these municipal taxes. In addition thereto the municipalities levy a special immovable property tax on estate, situated within the confines of the municipality. This last tax is imposed upon all property and, according to the present Norwegian Legislation no exemption from the payment of this tax is granted.
- 3.
- ad Article XXIV. It will be recalled that during the verbal discussions in the State Department during the month of March last, I took leave to point out the great importance which the Norwegian Government attaches to the acceptance of the alterations suggested in the treaty’s article XXIV, concerning an extension of the duty of the local authorities to notify the respective consular representative, in certain cases of deaths of nationals or residents of either of the High Contracting Parties. My Government has carefully considered the views expressed by Your Excellency in the note of April 6th explaining the difficulties for the United States Government to subscribe to the amendments proposed. In view of the fact that an acceptance undoubtedly would signify an important improvement in the conditions actually existing in this respect, my Government wants me, however, once more to point out how desirable it finds the acceptance of the amendments by Your Excellency’s Government. As stated in this Legation’s note, dated December 9, 1927, it is considered that the suggested alterations of this article’s text would be conducive to furthering the interests of justice and equity and the Norwegian Government would, therefore, appreciate it if the Government of the United States of America could see its way to take into renewed consideration whether it could not be found possible to accept the substance of the modifications so highly desired by the Norwegian Government.
As soon as I receive further remarks from my Government, I will, in order to hasten the negotiations and to make possible the signing of the Treaty at an early date, immediately take leave to again communicate with Your Excellency.
Accept [etc.]