711.572/79
The Chief of the Treaty Division (Barnes) to the Secretary of State
Dear Mr. Secretary: The negotiations of the Treaty of Friendship, Commerce and Consular Rights between the United States [Page 641] and Norway are nearly completed and the texts are now being put in final form for signature. The Minister desires to sign the Treaty on Tuesday, June 5th, if the texts can be put in final form and it is agreeable to you to sign on that date.
In the Minister’s note of December 9, 1927, which discussed a large number of the articles of the Treaty, it was proposed that an exchange of notes or protocol be signed in connection with the Treaty, stating that Norwegian sardines prepared from fish belonging to the species “Clupea sprattus” (Brisling) or “Clupea harengus” (Sild), when imported into the United States would not pay a higher tariff rate than sardines prepared from fish belonging to other species “Clupea pilchardus” imported from other countries. It was stated that such a provision had been made by protocol or exchange of notes in connection with treaties signed by Norway with other countries.
In your note of April 6, 1928, to the Norwegian Minister, discussing Articles XXIII and following of the Treaty, the following statement was made in regard to the foregoing proposal concerning Norwegian sardines:
“With respect to the request of your Government that there be included in the Treaty a special provision relating to Norwegian sardines, I may state that it would be contrary to the policy of this Government and that it is not deemed desirable to incorporate in a treaty, general in character, provisions relating to particular products. Under the present tariff laws of the United States, Norwegian sardines are accorded the same tariff treatment as sardines imported from any other country. Under the most favored nation provision of the Treaty under negotiation such equality of treatment would be continued. There is, therefore, no present occasion for including in the Treaty an express provision on this subject. It is hoped that your Government will not deem it necessary to insist upon this feature.”
The Minister now asks that on the occasion of the signing of the Treaty notes be exchanged in regard to the tariff treatment of Norwegian sardines of substantially the same tenor as the statement made in your note of April 6, 1928. Copies of the Minister’s proposed note and a proposed reply are attached.31 The statements in the notes are the same statements that were made in your note of April 6, 1928. The Norwegian Government attaches considerable importance to having the formal exchange of notes in connection with the Treaty so that it will be in a position to publish it with the Treaty, since your note of April 6, 1928, dealing with the questions under negotiation will not be published. The Minister stated [Page 642] in the oral negotiations that the Norwegian varieties of sardines had been discriminated against by higher import duties in certain countries and that there is a good deal of pressure on the Government to have a promise in every treaty that no higher duties will be charged on them than on other varieties.
There would appear to be no objection to agreeing to the Minister’s proposal and effecting the exchange of notes in connection with the signing of the Treaty. As it is desired to meet the Minister’s wishes to sign the Treaty on Tuesday, June 5th, if the preparation of the final texts can be completed by that time and an appointment on that date will be convenient for you, I should be glad to be informed as to whether you approve the proposed exchange of notes.