711.632/111a
The Secretary of State to the Minister in Austria (Stockton)
Sir: There is transmitted herewith, a package containing the instruments of ratification18 by the President of the Treaty of Friendship, Commerce and Consular Rights between the United States and Austria, signed at Vienna on June 19, 1928, and the supplementary agreement signed at Vienna on January 20, 1931. These instruments are to be exchanged by you for similar instruments of ratification of the treaty, the Senate reservation and the supplementary agreement by the President of Austria.
[Page 864]You will observe that the notes exchanged by you and the Austrian Minister for Foreign Affairs on January 20 last, recording the acceptance by both Governments of the reservation and understanding made in the Senate’s Resolution of February 11, 1929, are recited in the President’s ratification of the treaty. As the acceptance of the reservation and understanding on the part of Austria was made subject to ratification, such ratification should be stated expressly in one of the Austrian instruments accepted by you.
I am transmitting also the President’s full power authorizing you to effect the exchange of ratifications, as well as a form of protocol attesting the exchange. The protocol should be signed in duplicate, and one signed copy should be forwarded to the Department, together with the Austrian instruments of ratification.
Before effecting the exchange of ratifications you should satisfy yourself that, with the exception of the observance of the alternat, the texts of the treaty and of the supplementary agreement as contained in the Austrian instruments of ratification are in exact conformity with these texts as incorporated in the instruments of ratification signed by the President of the United States, and that the notes as ratified by Austria correspond to the notes as included in the President’s ratification of the treaty.
On the occasion of the exchange of ratifications, you are requested to leave with the Austrian Foreign Minister a note textually as follows:
Excellency: I have the honor to inform you that I am instructed by my Government to make clear to the Austrian Government that the fact that the Treaty of Friendship, Commerce and Consular Eights, signed at Vienna on June 19, 1928, together with a Supplementary Agreement, signed at Vienna on January 20, 1931, were ratified by the President of the United States at a date subsequent to the announcements by the Austrian Government in reference to a projected Customs Treaty with Germany, has no significance as bearing on the proper interpretation, construction and application of the provision in regard to the most-favored-nation treatment contained in Article VII of the treaty under reference.
Accept, Excellency, the renewed assurances of my highest consideration.
You are further instructed not to make known to the Austrian authorities that you have received the instruments of ratification of the President of the United States, and not to proceed with the exchange of ratifications until you shall have received a further telegraphic instruction specifically authorizing you to do so.
You are requested to acknowledge the receipt of this instruction by telegraph.
Very truly yours,
- None of the enclosures mentioned in this instruction are printed.↩