511.1D1/50: Telegram
The Chargé in France (Armour) to the Secretary of State
[Received November 14—12:36 a.m.]
523. From Gordon. In connection with discussion of article 6 of draft convention, Australian delegate today circulated following proposed text for insertion as additional article to protocol:
“As regards the application of any or all of the articles of the convention, the obligations assumed by states signatories having a federal constitution binds only the federal governments and not the provincial [Page 436] or state governments which under federal constitutions may possess complete or partial autonomy as regards the treatment of foreigners.”
He asked me particularly what I thought of it and I replied that I should like to study its possible effect and implications more carefully. In my despatch of November 7,13 I alluded to the probability of some such development and expressed the view that my opening statement would still constitute an answer to a suggestion of this nature.
If it should become necessary to make a formal statement in this connection I should think something to the following effect would suffice:
“Even in view of the provisions of this additional article my Government, for the reasons which I set forth in my statement during the course of the general discussion, is unable at this time to become a party to this convention. Any provisions of this nature however cannot but add to the interest with which my Government proposes to study the proceedings of this Conference.”
The matter may come up at any time. Will Department therefore please telegraph me if it approves. [Gordon.]
- Not printed.↩