711.572/71
The Secretary of State to the Norwegian Minister (Bachke)
Sir: I have the honor to acknowledge the receipt of your note of May 23, 1928, and to express my appreciation of the acceptance by your Government, as therein set forth, of proposals made in my notes of March 23, April 6, April 27, and May 22, 1928, and in conversations between you and officials of the Department, regarding the draft treaty of Friendship, Commerce and Consular Rights between the United States and Norway. On the other hand, it has given me pleasure to accept, on the part of the United States, certain proposals of your Government recited in your note, as follows:
1. The insertion of the words “energy produced by waterfalls” after the word “waterfalls”, so that the addition suggested in my note of March 23 to the second paragraph of Article I of the draft will read as follows:
“This paragraph does not apply to charges and taxes on the acquisition and exploitation of waterfalls, energy produced by waterfalls, mines or forests.”
2. The wording of the final paragraph of Article VII,—the proviso regarding short boundary traffic, to remain as formulated in your note of December 9, 1927, as follows:
“Neither of the High Contracting Parties shall, by virtue of the provisions of the present Treaty, be entitled to claim the benefits which have been granted or may be granted to neighboring States, in order to facilitate short boundary traffic.”
3. The substitution in the first paragraph of Article XXIV (originally Article XXV) of the word “nationals” for the words “subjects or citizens”.
[Page 643]4. The transposition in the last paragraph of Article XXIX (originally Article XXX) of “the King of Sweden and Norway” to “the King of Norway and Sweden”.
With respect to Article XVII (originally Article XVIII), I deem it desirable to make of record in this way that as a result of oral discussions with you at the Department of State, it was agreed to insert after the word “defense” at the end of the first sentence of the second paragraph, the words “or by the court”; to omit the first clause of the third paragraph and further revise this paragraph so that it will read:
“When the testimony of a consular officer who is a national of the State which appoints him and is engaged in no private occupation for gain is taken in civil cases, it shall be taken orally or in writing at his residence or office and with due regard for his convenience. The officer should, however, voluntarily, give his testimony at the trial whenever it is possible to do so without serious interference with his official duties.”;
and to retain the fourth paragraph as proposed by this Government, viz:
“No consular officer shall be required to testify in either criminal or civil cases, regarding acts performed by him in his official capacity.”
Note has been made of your statement with respect to Article IX that your Government “would not under Article IX as now modified consider that it would be in a position to demand preferential treatment equivalent to that accorded vessels coming from a particular geographic region for Norwegian vessels coming to the United States from other regions”; and of the observations, as well, which you present on behalf of your Government with respect to the first paragraph of Article XXII (originally Article XXIII) and Article XXVI (originally Article XXVII).
I have directed that the text as agreed upon be prepared for signature, and I shall be happy to sign the treaty with you on Tuesday, June 5, at twelve o’clock, noon.
Accept [etc.]