791.003/92: Telegram
The Minister in Persia (Philip) to the Secretary of State
[Paraphrase]
39. Department’s 29, April 4, 4 p.m.
- (1)
- Teimourtache’s reaction to your observations was satisfactory. He said that, in the matter of the new codes, the Persian Government is fully aware of its obligations and is determined on carrying out reforms with complete justice to all foreign nationals. In order to inspire the confidence of the treaty powers, the Government here has passed a law which makes possible the settlement of civil and commercial suits by arbitration, at the option of a litigant. The Government has also passed a law to provide for the annual dispatch abroad of students. When I mentioned the possible danger from courts being suborned by powerful interests in Persia, Teimourtache answered, that he considered greater security was offered against this by the new form of judiciary than by the existing Foreign Office tribunal. He declared also that the new codes will be free absolutely from the influence of Islamic law. He regretted, finally, that the Persian Government must reject any commitments on judicial advisers or [apparent omission], this question savoring of pressure by the foreign powers.
- (2)
- Teimourtache assured me emphatically that problems involving the personal status, etc., of foreign nationals are to be left to the various foreign governments. Consular officers, if so authorized [Page 705] and qualified and should the interested parties thus elect, may be charged with these matters.
- (3)
- As to the tariff situation, I informed Teimourtache as suggested. The tariff law which is now before the Medjliss, he said, entitled all who enjoy its minimum rate to any other more advantageous terms if subsequently such are accorded a single power, this concession forming thereafter a part of the minimum schedule. I inquired how the Persian Government would meet the situation if the British Government does not sign a tariff agreement by May 10, since in this case British imports would continue being taxed under the 1920 tariff schedule, but imports from other countries would be subject to the new rates. Teimourtache replied he was confident that prior to May 10 an arrangement would be made with the British Government. He showed the entire note from the British Legation, expressing tentative approval of the proposed autonomous tariff, subject to some modifications. When I pressed the question, he said it was not possible for him to give assurances in this regard, though he believed that the treaty powers would not suffer any great inconvenience from it.
- I am of opinion that the British Government will withhold its final assent to signature of a new tariff agreement pending receipt of definite assurances of satisfaction for its outstanding claims. That an Anglo-Persian treaty will be signed by May 10 is doubted by my colleagues here. The German Minister, apprehensive that the situation may lead to serious tariff difficulties, contemplates seeking the consent of Persia for the extension of the 1920 tariff after May 10 to all capitulatory powers which sign new treaties until a new tariff agreement has been concluded with Great Britain. Under the new tariff American interests are somewhat more favorably treated than at present; therefore, the only danger to Americans would appear to lie in the possibility of a rupture of Anglo-Persian negotiations, which would involve a reversion to the 1903 tariff by Great Britain.
- (4)
- Nothing more, I think, may be effected regarding satisfactory assurances until formal negotiations are begun and definite proposals made. I suggest early notice to the Persian Government that I am empowered to negotiate a new treaty. The French Minister, I understand, has advised his Government to negotiate by using the Persian drafts29 (which I transmitted in my No. 564, March 24) as a basis, with some modifications and additions.
- (5)
- As to point 6 (Department’s 24, March 14, noon [3 p.m.]), the views of missionaries on this are not yet available, but they [Page 706] would, I believe, view with great satisfaction some special recognition by treaty of their institutions, as suggested.
- (6)
- After talking with Teimourtache and others, I gather that the Persian Government is most anxious for the United States to enter into negotiations and now is inclined to give way on minor points for the sake of encompassing the principal objectives of a noncapitulatory treaty.
Philip