711.679 Residence and Establishment/20: Telegram

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

[Paraphrase]

46. Reference your 59, August 25, 4 p.m., and the Department’s 45, August 28, 5 p.m.7 The Department authorizes you to initiate [Page 856] with the Turkish Government, at any time during next October, negotiations to conclude a brief treaty of residence and establishment. The following text (closely following the formula of the Turks as contained in your 62, October 2, 1929, noon) is acceptable to this Government:8

“With reference to the conditions of residence and establishment, entry and sojourn and judicial competence which shall be applicable to the nationals and companies of either country in the territories of the other, the United States will accord to Turkey and Turkey will accord to the United States national treatment in cases where national treatment is permitted by the laws of the two countries, respectively, and will in all other cases accord most-favored-nation treatment.”

An early pouch will bring you full powers to sign such a treaty. The formal parts of the treaty may be drafted by you to follow generally the model of the treaty of commerce and navigation signed October 1, 1929.

The words “entry and sojourn” are added solely for the purpose of assuring the continued entry into the United States of Turkish businessmen as enjoyed at present under the Immigration Act of 1924, Section 3 (6).9

You are confidentially informed that the procedure above is in line with the present policy of the Department to provide for the extension of the treaty alien privilege to businessmen from such countries as did not have treaties in force in 1924 with the United States granting such privilege.

With reference to your letter dated January 8 to the Chief of the Division of Near Eastern Affairs, page 3, paragraph 3,10 concerning no mention of consular rights in the Turkish proposal, it is considered to be highly inadvisable for that question to be included in the present negotiations and the Department leaves to your discretion the arguments you may deem it expedient to employ should the question be raised by the Turks. If this eventuates, you may naturally state that it is more in line with the Department’s present policy to treat such questions separately in another convention.

You will meanwhile please inform the Department of the present status of the treaty of commerce and navigation, signed March 1 at Ankara, between the British and Turks.11

Castle
  1. Neither printed.
  2. Quotation not paraphrased.
  3. Approved May 26, 1924; 43 Stat. 153.
  4. Not printed.
  5. Telegram No. 61, September 8, 1930, 1 p.m., from the Ambassador in Turkey (711.679 Residence and Establishment/22) states: “Exchange of ratifications took place September 3”. Text printed in League of Nations Treaty Series, vol. cviii, p. 407.