Executive Agreement Series No. 41

611.7431/66

The Minister in Bulgaria (Shoemaker) to the Secretary of State

No. 495

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,

Henry W. Shoemaker
[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.]

Henry W. Shoemaker
[Page 145]
[Enclosure 2—Translation]

The Bulgarian Minister for Foreign Affairs (Mooshanoff) to the American Minister (Shoemaker)

No. 14036/19/II

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.]

N. Mooshanoff