791.003/114: Telegram
The Secretary of State to the Minister in Persia (Philip)
[Paraphrase]
Washington, May 8, 1928—7
p.m.
38. Referring to your 48, May 7, 2 p.m., and your 47, May 5, 7 p.m.
- (1)
- According to the Department’s understanding, the proposed note on safeguards from the Persian Government to all of the interested Legations is both nonreciprocal and unilateral in character, with a duration indefinite, if not permanent; while your proposed notes, to be exchanged between you and the Persian Government, are based on the most-favored-nation principle and are reciprocal in character, with a provisional duration.
- (2)
- The further understanding of the Department was that a nonreciprocal provision respecting jurisdiction in questions of personal status, family law, etc., was to be one of the safeguards included in the proposed note from Persia to the interested Legations and that such provision would not be limited by using terms such as the last three words of the first paragraph of article VIII of the treaty with Turkey,38 but, on the contrary, would be phrased in order to permit United States consuls continuing to exercise jurisdiction over this class of cases. Americans in Persia would then secure the benefit of this particular safeguard through an appropriately phrased provision, in the American exchange of notes with Persia, for mostfavored-nation treatment.
- (3)
- The solution set forth above in paragraph (2) would be preferred
by the Department to a provision concerning personal-status and
family-law jurisdiction in the exchange of notes with Persia and
especially to a provision in the words which you suggested to
Teimourtache (set forth in your 48), for reasons as follows:
- (a)
- In the American legal system, such matters as personal status and family law lie within the sovereign jurisdiction of the Union’s various states, and the Federal Government is in no position in these matters to accord, by treaty or other agreements, exemptions to foreigners.
- (b)
- From the American point of view, the effectiveness of your proposed text is dependent specifically upon Persia adopting and maintaining the necessary affirmative legislation. Any such basis for international rights would not seem to be substantial in a country such as Persia.
- (c)
- In various of its recently negotiated treaties, Turkey has renounced voluntarily jurisdiction in matters of personal status and family law over foreign nationals and did not even raise the question of reciprocity in such matters.
- (4)
- You should further converse, on the basis of this telegram, with Teimourtache with the view of persuading him to agree to the solution above outlined in paragraph (2). However, whatever may be the results of your conversation, you should also cable the Department the text, or at least a full summary, of the law which the Medjliss is passing today regarding personal status and family law.
- (5)
- If the question of jurisdiction in personal status and family law can be satisfactorily arranged, the Department would immediately instruct you as to signing and exchanging the notes described in your telegram 47.
Kellogg