711.672(1929)/21: Telegram

The Secretary of State to the Ambassador in Turkey (Grew)

49. Your 6, September 24, midnight and 9, September 25, 4 p.m.

1.
Amplification of the word “bounties” in Article three paragraph B subheading 2 by adding the words “and other advantages” is seriously objectionable. The word “advantages” is so elastic and vague as to cover almost anything and might be so construed as to restrict seriously the scope of the undertaking to give national treatment contained in Article three paragraph A. The Department is prepared to consider sympathetically any more precisely phrased formula the Turks may suggest. Meanwhile, you should endeavor to obtain their consent to the following draft of subheading two: “To the support, in the form of bounties or subsidies of any kind, which is or may be accorded to the national merchant marine.”
2.
The Department is prepared to accept the redraft of Article three, paragraph C, contained in paragraph numbered seven of your telegram No. 9, September 25, 4 p.m., although it is not clear exactly what is included in the expression “all other exceptions” and the advantages of this provision are not therefore apparent. Presumably, all the exceptions to national treatment which it is proposed to make have been enumerated in Article three, paragraph B, subheadings one to four inclusive. If after further reflection it is your considered judgment that no tangible advantages would accrue to the United States by Article three paragraph C as redrafted you are authorized to omit it entirely. In deference to Turkish susceptibilities and in view of your recommendation the Department will not insist upon including in the minutes a provision in the sense of paragraph numbered one of the British–Turkish protocol.
3.
The formula set forth in paragraph numbered two of your telegram No. 9 is acceptable and there is no objection to the insertion of the word “cabotage” in brackets after the expression “coastwise traffic” in Article three, paragraph B, subheading one.
4.
The Department is agreeable to the drawing up of minutes of the final plenary session these minutes to be in French, not to form [Page 836] part of the treaty, not to be submitted for ratification, and to make mention of the following matters:
(a)
A statement merely for purposes of clarification to the effect that the expression “other duties and charges affecting commerce” in Article one, first paragraph does not include income taxes and taxes on profits.
(b)
A statement from you to the effect that the provisions of Article two would in no way prevent Turkey from adopting import and export prohibitions and restrictions in order to assist a monopoly but would prevent their relaxing such prohibitions and restrictions for the benefit of some particular country without relaxing them for the United States.
(c)
A statement that a provision in the sense of Article two paragraph three proposed by the Turks has been omitted in view of the fact that it has not been the practice of the United States to grant bounties and subsidies and no provision on this subject has been included in previous American treaties.
(d)
A statement that with respect to Article three, paragraph B, subheading one, it is understood that American and Turkish vessels may nevertheless proceed from a port of the territory of one of the parties to one or more ports of the territory of the same party, whether for the purpose of unloading all or a part of their cargo or passengers coming from abroad or for the purpose of loading, in part or in whole, their cargo or taking on passengers for a foreign destination. (This is the wording of Article twenty–five, subheading numbered one, paragraph two of the British–Turkish Treaty. See paragraph numbered six of your telegram No. 9.)
Stimson