711.679 Residence and Establishment/27: Telegram

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


68. Department’s 46, August 30, 2 p.m.

Having studied the formula to be incorporated in the convention of residence and establishment, I believe it wise to propose to the Turks the omission of the word “other” in the final line of the formula. Without this omission, it is not clear that the United States could, under the most-favored-nation clause, claim a special privilege which is extended to nationals of a foreign power in a field where Turkish law permits national treatment to foreigners. It is true that the Turks assert it is inconceivable for most-favored-nation treatment ever to be more favorable than national treatment, but the possibility should not be disregarded by us that other countries may obtain special privileges in the future from Turkey in response to economic or other reasons. I expect strenuous objection by the Turks to the proposed omission, and I would be willing, in case they prove intransigent, to suggest an appropriate reference in a protocol. On this point I should welcome receiving the comments and instructions of the Department.
The Department’s reasons for the addition of the words “entry and sojourn” are not entirely clear to me. Is it the present position of the Department that an unqualified undertaking to give most-favored-nation treatment respecting entry and sojourn will secure the continuance of the treaty alien status, despite a reference in the 1924 Immigration Act to “present existing treaty of commerce and navigation”? In case this is the position of the Department, I should like discreetly to use it as an argument with the Turks to obtain their consent to the omission suggested above in paragraph (1) on the theory that the qualification of most-favored-nation treatment provided by using the word “other” makes it doubtful if the treaty alien status could be continued for Turks.
I should be pleased to have the Department’s views respecting the term of the convention. The British treaty has five years.
I propose taking to Ankara, as members of the American delegation, the Counselor of Embassy (Shaw) and Commercial Attaché (Gillespie).
The Turkish delegation is beginning negotiations immediately after October 15.