741.90g9 Judicial/16
The Secretary of State to the Chargé in Great Britain (Atherton)
Sir: Reference is made to the Embassy’s despatches No. 18789 and No. 188210 of April 23 and April 28, 1931, respectively, and to previous correspondence regarding the application to American nationals of the terms of the Anglo-Iraqi Judicial Agreement signed at Baghdad on March 4, 1931.
The Department has noted particularly that in a conversation with a member of the Embassy’s staff on April 27, 1931, Mr. Rendel, the Chief of the Eastern Division of the Foreign Office, expressed the opinion that the resolution of the Council of the League of Nations, dated January 22, 1931, did not apply to the United States inasmuch as the Tripartite Convention of January 9, 1930, did not become effective until the exchange of ratifications on February 24, 1931. While the Department is unable to share Mr. Rendel’s viewpoint in this matter, which is assumed to represent the official opinion of the Foreign Office, it is not perceived that any useful purpose will be served by entering into a formal discussion of the question. In order, however, that the appropriate authorities of the Foreign Office may be aware that this Government is unable to admit the thesis propounded by Mr. Rendel, it is believed that it would be desirable for you informally to bring to their attention the Department’s viewpoint as set forth in the enclosed memorandum.10
[Page 603]With respect to the specific request contained in paragraph numbered five of the Foreign Office note of April 22, 1931, you may inform the appropriate authorities that under the terms of Article 6 of the Tripartite Convention of January 9, 1930, the Government of the United States consents to the substitution of the Judicial Agreement signed on March 4, 1931, between the British and Iraqi authorities at Baghdad, for the Agreement of March 25, 1924, and to the application of the former to nationals of the United States in Iraq upon its entry into force in accordance with its terms.
Very truly yours,