211.51/54
The Chargé in France ( Armour ) to the Secretary of State
[Received January 31.]
Sir: With reference to the Department’s Instruction No. 2972 of November 22, 1928,1 (File No. 211.51/48), and previous correspondence, and confirming my telegram No. 22, January 14, 1 P.M.,1 regarding the supplemental Extradition Treaty to be signed by the French Government covering “infractions of the laws concerning poisonous substances”, I have the honor to transmit herewith the text of the Convention1 as altered after the receipt of the Department’s Instruction above referred to, as well as after conference with the Foreign Office.
The Department’s Instruction No. 2467 of October 15, 1927,1 transmitted a draft of a proposed convention, which draft was transmitted to the Foreign Office for its consideration. The Embassy’s despatch No. 9019 of October 6, 19281 forwarded to the Department a note from the Foreign Office which stated that, since the crimes and offenses specified and numbered 16 in the proposed supplemental extradition convention constitute in French law misdemeanors only, it would prefer a statement slightly different from that contained in the text proposed by the Department. The Department’s Instruction No. 2972 authorized the change in wording suggested by the Foreign Office, (i. e. “infractions of the laws concerning poisonous substances” instead of “crimes and offenses against the law for the suppression of the trade in narcotics”). The Department’s Instruction, however, did not provide for certain changes in the draft convention which it was found on examination were necessitated by the change in wording above referred to in Article 1. For example, Article 1 of the original draft read as follows:
“The following crimes and offenses are added to the list of crimes and offenses numbered 1 to 15 in the first article of the said Convention of January 6, 1909, that is to say:
16. Crimes and offenses against the laws for the suppression of the trade in narcotics.”
The Foreign Office pointed out that the change adopted in Paragraph 16 made it advisable to change Article 1 to read as follows:
“To the list of crimes and offenses numbered 1 to 15 in the second article of the said Convention of January 6, 1909, the following, contained in a paragraph 16, is added:
16. Infractions of the laws concerning poisonous substances.”
Furthermore, when the original draft was discussed with the Foreign Office, it was pointed out by the latter that the Minister for Foreign Affairs did not require any special powers for the purpose of signing a treaty and it was therefore proposed that the wording of the preamble should be so changed as to omit reference to the communication of full powers. (This change was specifically referred to in my telegram No. 22, January 14, 1 P.M.).
Finally, the Foreign Office pointed out that it was the custom to have ratifications exchanged at the place of signature and that unless our Government had any objection thereto, it suggested that Paris alone be named as the place of exchange for ratifications. (This point also was specifically presented to the Department in the Embassy’s telegram No. 22, January 14, 1 P.M.).
The only other correction to mention was in Line 2 of the treaty; to the words “list of crimes” was added the addition “and offenses”, this being necessitated by the change in wording of paragraph 16.
I have [etc.]