711.632/57
The Minister in Austria (Washburn) to the Assistant Secretary of State (Castle)
[Received August 3.]
Dear Castle: Our Commercial Treaty with Austria as prepared for signature contained a special provision in relation to shipping in conformity to the reservation made by the Senate in the German-American Treaty. At the last moment this provision was struck out under Department instructions. Then the Senate re-inserted its original reservation in the face of Department opposition. The Department advised me of this in its telegram No. 3 of February 12th, 6 p.m., intimating that “more definite instructions” would follow. These instructions have never been received. In my telegram No. 12 of April 6th, 10 a.m.,5 I stated that the Austrian Government was betraying some uneasiness and asked for advices.
I am sure that the Solicitor’s office has the best of reasons for its silence, but meanwhile the situation is becoming a little difficult, especially because it is provided that the Treaty shall remain in force for a term of six years from the date of exchange of ratifications. The Treaty contains, as you know, the unconditional favored nation clause and there is a disposition everywhere in Europe, as you are aware, [Page 850] to have free hands to denounce this provision after a few years. I got the very outside limit, going a little beyond the denunciation dates which Austria has in its treaties with other countries. That was in June of last year, thirteen months ago, and I fear that if the matter is delayed Parliament here, to which the Treaty must again be referred, will itself adopt a reservation cutting down the period of denunciation and this will in turn necessitate another reference to the Senate.
You are familiar generally with this situation. I am already definitely on record and after my telegram of April 6th I hesitate to press the matter officially. If you agree with me, perhaps you can cause an enquiry to be made and it will be found possible to push this matter along. The Austrian Parliament will not come together before September, so that nothing could be now done until then anyway. This gives a little leeway. In any event, I am genuinely concerned about the denunciation provision.
Sincerely yours,
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