Executive Agreement Series No.
41
611.7431/66
The Minister in Bulgaria (Shoemaker) to the Secretary of
State
No. 495
Sofia, August 20, 1932.
[Received
September 7.]
Sir: I have the honor to refer to my
telegram No. 20, of August 18, 5 p.m.,8 reporting the exchange of notes, on the
afternoon of August 18, between Mr. Mooshanoff,
the Bulgarian Prime Minister and Minister for Foreign Affairs, and
myself, whereby unconditional most favored nation treatment is to be
accorded to the goods of the United States by Bulgaria and to the
goods of Bulgaria by the United States, and to transmit herewith the
original of Mr. Mooshanoff’s note and a true
copy of my note. There is also enclosed a literal translation of Mr.
Mooshanoff’s note which has been made
independently of the text of my note. Each discrepancy between the
text of this translation and the text of my note was carefully
examined, prior to signature, with a view to ensuring identic
provisions in the two notes. Competent translators assured the
Legation that Mr. Mooshanoff’s note is identic
in meaning with my note and as similar in expression as is possible
in view of the differences existing between the Bulgarian and the
English languages, and that in consequence my note could be
considered an exact translation of Mr.
Mooshanoff’s, and that likewise his note
might be used as an exact translation of mine. However, in preparing
the translation of Mr. Mooshanoff’s note for
the Department’s use, the Legation has thought it best to make a
literal translation independently from the text of my note.
I wish also to take this opportunity to confirm the fact, also
reported by my telegram No. 20, that Mr.
Mooshanoff has accepted the proposal to
undertake negotiations for a definitive treaty of commerce and
navigation embodying provisions on these subjects similar to those
included in the Treaty of Friendship, Commerce and Consular Rights
between the United States and Germany, but eliminating the consular
and possibly certain other provisions. It is also agreeable to the
Bulgarian authorities to undertake negotiations for a separate
treaty embodying provisions dealing with consular rights. The
Legation will therefore expect to receive the Department’s drafts
for such treaties, accompanied by appropriate instructions, in the
near future.
Respectfully yours,
[Page 144]
[Enclosure 1]
The American Minister (Shoemaker) to the Bulgarian Minister for
Foreign Affairs (Mooshanoff)
Mr. Minister: I have the honor to
confirm and to make of record by this note the following
provisional commercial agreement between our respective
governments.
The United States will accord to goods, the growth, produce or
manufacture of Bulgaria and Bulgaria will accord to goods, the
growth, produce or manufacture of the United States in all
respects and unconditionally the most favored nation treatment.
The said treatment shall apply to all goods from whatever place
arriving including goods destined for consumption or
re-exportation or in transit.
The stipulations of this agreement do not extend to the treatment
which is accorded by the United States to the commerce of Cuba
under the provisions of the commercial convention concluded
between the United States and Cuba on December 11, 1902,9 or the provisions of any other
commercial convention which hereafter may be concluded between
the United States and Cuba. Such stipulations more-. over do not
extend to the treatment which is accorded to the commerce
between the United States and the Panama Canal Zone or any
dependency of the United States or to the commerce of the
dependencies of the United States with one another under
existing or future laws.
Nothing in this agreement shall be construed as a limitation of
the right of either high contracting party to impose on such
terms as it may see fit prohibitions or restrictions of a
sanitary character designed to protect human, animal or plant
life or regulations for the enforcement of police or revenue
laws.
The present agreement becomes operative on this eighteenth day of
August, 1932, and shall continue in force until superseded by a
definitive treaty of commerce and navigation, or until denounced
by one of the two High Contracting Parties by advance notice of
three months. If however either party should be prevented by the
future action of its legislature from carrying out the terms of
the agreement the obligations thereof shall thereupon lapse.
I avail myself [etc.]
[Page 145]
[Enclosure 2—Translation]
The Bulgarian Minister for Foreign Affairs
(Mooshanoff) to the
American Minister (Shoemaker)
No. 14036/19/II
Sofia, August 18, 1932.
Mr. Minister: I have the honor to
confirm in concrete form, by this note, the following
provisional commercial agreement between our respective
governments:
Bulgaria will accord to goods—natural or manufactured products of
the United States and the United States will accord to
goods—natural or manufactured products of Bulgaria in all
respects and unconditionally the most favored nation treatment.
This treatment shall apply to all goods, from whatever place
arriving, including goods destined for consumption, or
reexportation or in transit.
The stipulations of the present agreement shall not extend to the
treatment, which is accorded by the United States to the
commerce of Cuba, under the provisions of the commercial
convention concluded between the United States and Cuba on
December 11, 1902, or the provisions of any other commercial
convention, which hereafter may be concluded between the United
States and Cuba. The same stipulations similarly will not apply
to the treatment, which is accorded to the commerce between the
United States and the Panama Canal Zone or any dependency of the
United States, or to the commerce of the dependencies of the
United States with one another, under existing or future
laws.
Nothing in this agreement shall be deemed as a limitation of the
right of either of the high contracting parties to impose
prohibitions or restrictions of a sanitary character, which
either party considers necessary, destined to protect human,
animal or plant life, or regulations for the enforcement of
police or revenue laws.
The present agreement will enter into force on the 18th of August
1932 and shall continue to be in force until superseded by a
definitive treaty of commerce and navigation, or until denounced
by one of the two Contracting Parties by advance notice of three
months. If, however, either of the parties should be prevented
by any future action of its legislature from executing the
conditions of this agreement, the obligations thereof shall
lapse.
I take [etc.]
