611.8331/46
The Minister in Egypt (Gunther) to
the Secretary of State
[Extract]
Cairo, May 26, 1930.
[Received June
19.]
No. 392
Sir: Confirming my telegram No. 56, May 24, 1
P.M.,21 informing
you that I had on that date concluded, in accordance with your
instructions, a Provisional Commercial Accord with the Egyptian
Government, I have the honor to enclose herewith a copy of the final
Note addressed to me by the Minister for Foreign Affairs, dated May 24,
and a copy of my reply of that date establishing the Accord.
I have the honor to enclose as well, in order to complete the record, a
copy of the Note which I addressed to the Minister for Foreign Affairs
on May 22, 1930, pursuant to your telegram No. 38, of May 21, 3 P.M. in
reply to my No. 53, of May 15, 4 P.M. I had that morning discussed this
clause with the Minister for Foreign Affairs
[Page 754]
and had satisfied him by the information contained
in your telegram that there was no further objection to the clause in
question. He requested, however, if I saw no objection and in order to
complete the file that I confirm the understanding in writing.
. . . . . . . . . . . . . .
I have [etc.]
[Enclosure
1—Translation]
The Egyptian Minister for Foreign Affairs
(Boutros
Pasha) to the American
Minister (Gunther)
Cairo, May 24, 1930.
No. 1.7/3(32)
Mr. Minister: Referring to correspondence
exchanged between Your Excellency and this Ministry with regard to
the conclusion of a provisional commercial agreement between the
United States of America and Egypt, I have the honor to inform Your
Excellency that the Egyptian Government is willing to apply
unconditional most favored nation treatment to all products, of the
soil and of industry, originating in the United States of America
imported into Egypt and destined either for consumption or
re-exportation or in transit. The said treatment will also be
applied provisionally to products imported into Egypt through
countries which have not completed commercial agreements with
Egypt.
This régime is accorded by Egypt on condition of perfect reciprocity
and with the exception of the régime accorded to Sudanese products,
or the regime which might be applied by Egypt to products of certain
border countries by virtue of regional conventions and with the
exception of the treatment which the United States accords or may
hereafter accord to the commerce of Cuba or of any of the
territories or possessions of the United States or the Panama Canal
Zone or the treatment which is or may hereafter be accorded to the
commerce of the United States with any of its territorial boundaries
or possessions or to the commerce of its territories or possessions
with one another.
The present arrangement does not apply to prohibitions or
restrictions of a sanitary character or designed to protect human,
animal, or plant life or regulations for the enforcement of police
or revenue laws.
The present agreement will enter into force so soon as Your
Excellency is good enough to confirm the consent of your Government
thereto and shall continue in force until ninety days after notice
of its termination shall have been given by either party unless
sooner terminated by mutual agreement. If, however, either party
should
[Page 755]
be prevented by the
future action of its Legislature from carrying out the terms of the
agreement the obligations thereof shall thereupon lapse.
I avail myself [etc.]
[Enclosure 2]
The American Minister (Gunther) to the Egyptian Minister for Foreign Affairs
(Boutros
Pasha)
Cairo, May 24, 1930.
No. 230
Mr. Minister: I have the honor to
acknowledge the receipt of Your Excellency’s Note No. 1.7/3 (32), of
May 24, 1930, the agreed English text of which is as follows:
[Here follows the text of note printed supra.]
In reply I have the honor to inform Your Excellency of my
Government’s acquiescence in the terms of the above mentioned Note
thus establishing a Provisional Commercial Accord, and avail myself
[etc.]
[Enclosure 3]
The American Minister (Gunther) to the Egyptian Minister for Foreign Affairs
(Boutros
Pasha)
Cairo, May 22, 1930.
No. 229
Excellency: With further reference to our
conversation of this morning and to the inquiry made of me orally
May 15, last, by the Acting Minister for Foreign Affairs, in respect
of the phrase “or regulations for the enforcement of police or
revenue laws” in my proposed Note embodying our Provisional
Commercial Agreement, I have the honor to acquaint Your Excellency
that the phrase in question does not relate to rates of import duty
directly but only to regulations for the enforcement of police or revenue laws which sometimes may
include additional duties as penalties for violation of or attempt
to violate such laws. For example the phrase would insure that the
levying of penalty duty on a particular shipment because traders
concerned were guilty of undervaluing the merchandise for ad valorem
duty purposes would not be regarded as a violation of the most
favored nation clause. The phrase in question is a standard
provision of similar agreements and treaties concluded by the
Government.
Accordingly, I have no hesitancy in assuring Your Excellency that
there is no intention to establish by means of the provision in
question for Egyptian imports into the United States a régime less
favorable than that accorded to any other country and that the
provision
[Page 756]
is not designed
to permit either country to apply any regulations for the
enforcement of police or revenue laws to the trade of the other
which would not under like circumstances and conditions also be
applied to the trade of any third country.
I avail myself [etc.]
