711.679 Residence and Establishment/44: Telegram

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

9. Turkish delegation have proposed modified text in French for treaty of establishment of which following is translation:

“Treaty of establishment between Turkey and the United States.

Turkey, on the one part, and the United States of America, on the other part, desirous of regulating the conditions of establishment and sojourn of Turkish nationals and corporations in the United States of America and of nationals and corporations of the United States of America in Turkey and having in mind that there exists between the two countries no provisions regulating the said conditions, have resolved to conclude a treaty of establishment and have appointed to this end their plenipotentiaries:

The President of the Turkish Republic, and

The President of the United States of America,

Who, having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following provisions:

[Page 865]

Article 1. With reference to the conditions of establishment and sojourn which shall be applicable to the nationals and corporations of either country in the territories of the other, as well as to fiscal charges and judicial competence, the United States of America will accord to Turkey and Turkey will accord to the United States of America the same treatment as that which is accorded or shall be accorded to the most-favored third country, it being understood that the said nationals and corporations of each of the two countries conform, respectively, in the territories of the other to all local laws and regulations which are or shall be in force.

Nothing contained in this article shall be construed to affect existing statutes and regulations of either country in relation to the immigration of aliens or the right of either country to enact such statutes.

Article 2. The present treaty shall be ratified and the ratifications thereof shall be exchanged at Washington as soon as possible.

It shall take effect one month after the date of the exchange of the ratifications and shall remain in effect for three years. After this date it shall remain in effect as long as it shall not have been denounced by either of the high contracting parties with a delay of six months.

In witness whereof the plenipotentiaries have signed the present treaty and have affixed their seals thereto.

Done in duplicate in (blank) at Ankara this (blank) day of (blank) month 1930.”

[Paraphrase.] (1) The Turks, and particularly their Foreign Office legal department, still are concerned over the treaty of 1830 and the capitulations. They acknowledge freely that their anxiety is more legalistic than practical. Owing to the arguments and persuasion I brought to bear, the matter was referred finally for decision to the Cabinet. The latter insisted upon including some protective clause and in this regard proposed the words19 “having in mind that there exist between the two countries no provisions regulating the said conditions”. There is every reason to expect Turkish insistence upon this or some similar clause, at the risk even of causing the failure of the negotiations or the treaty.

(2) In article I, paragraph 1, there has been proposed a modification which begins with the words “it being understood” and ends with the paragraph. The Turks might be induced to place this clause in a procès-verbal or to drop it entirely if the Department should find it to be wholly objectionable and if the preamble proposed by the Turks should be accepted.

(3) Though the Turks proposed a three-year term, I believe they could be induced to accept the five-year term we originally proposed.

(4) In article I the words “fiscal charges” refer to matters which are covered by the fiscal clauses of the Allied establishment convention of Lausanne.

Please instruct me. [End paraphrase.]

  1. Quotation not paraphrased.