791.003/158
The Persian Acting Minister for Foreign Affairs (Pakrevan) to the American Minister (Philip)58
Mr. Minister: Referring to the notes establishing the provisional stipulations relative to diplomatic, consular, customs, and other relations between Persia and the United States of America, exchanged on May 14, 1928, I have the honor, in the name of my Government, to make the following statement of my understanding of the results attained by our conversations concerning the question of personal status, held in conformity with the stipulation specified in subparagraph 4 of paragraph 2 of the said notes.
Whereas Persian nationals in the United States of America enjoy most-favored-nation treatment in the matter of personal status, and,
Whereas the said question will be definitively settled between the two states by the establishment convention, it is understood that in the said matter of personal status, that is, with regard to all questions concerning marriage and conjugal community rights, divorce, judicial separation, dowry, paternity, affiliation, adoption, capacity of persons, majority, guardianship, trusteeship, and interdiction; in regard to movable property, the right of succession by will or ab intestato, distribution, and settlement; and, in general, family law, non-Moslem nationals of the United States in Persia shall be subject to their national laws.
[Page 744]If, however, with respect to the said questions, one of the parties should bring a matter before the Persian courts, the said courts would be obliged to apply American laws.
In order to facilitate the task of the Persian courts in the abovementioned cases, the competent American authorities shall furnish, in case of need, the necessary information relative to American laws.
I shall be glad to have confirmation of our understanding on these points.
Please accept [etc.]
- Copy transmitted to the Department by the Minister in Persia in his despatch No. 637, July 12; received August 8.↩