851.502/68

The Chargé in France (Marriner) to the Secretary of State

No. 3400

Sir: Referring to the Embassy’s telegram No. 64 of February 23/5 p.m., 1933,25 I have the honor to transmit herewith for the Department’s information and the completion of its files a copy and translation of the Embassy’s note of February 23 and of the Ministry for Foreign Affairs’ note of March 4, 1933,26 in interpretation of the rights of American citizens under the French rent laws as governed by the Consular Convention of 1853.

Respectfully yours,

Theodore Marriner
[Enclosure 1]

The American Ambassador (Edge) to the French Minister for Foreign Affairs (Paul-Boncour)

No. 2246

Excellency: I have the honor to communicate to Your Excellency my Government’s interpretation of Article 7 of the Consular Convention [Page 181] between the United States of America and France concluded February 23, 1853, in relation to the rights of American citizens in France in connection with the French rent laws. It is my understanding that the following interpretation which has prevailed in the past is concurred in by your Government for the future application of the convention.

The effect of the provisions of Article 7 is to establish the right of citizens of the United States in France to enjoy the same treatment as French citizens in matters relating to the ownership, possession and disposal of property. Accordingly, citizens of the United States are entitled, to enjoy in France the benefit of all the provisions, whether applicable to owners or tenants, contained in the French law of April 1, 1926, as amended by the law of June 29, 1929, governing the relations between lessors and lessees of premises used for residential purposes, and in the law of June 30, 1926, as amended by the law of April 22, 1927, governing the relations between tenants and landlords of premises used for commercial or industrial purposes, notwithstanding Article 11 of the Civil Code and the exceptions or restrictions applicable to foreigners under the aforesaid laws.

I may add that, under the laws of the states of the United States and the District of Columbia, French citizens in the United States enjoy the same treatment as American citizens with regard to the leasing and renting of real property.

I shall be glad to have your confirmation of the agreement thus reached.

I avail myself [etc.]

Walter E. Edge
[Enclosure 2—Translation]

The French Minister for Foreign Affairs (Paul-Boncour) to the American Ambassador (Edge)

Mr. Ambassador: By a letter of the 23rd of last month you acquainted me with your Government’s interpretation of Article 7 of the Consular Convention concluded on February 23, 1853, between France and the United States of America, dealing with the rights of American citizens in France in relation to the French rent law.

I have the honor to inform Your Excellency that the French Government accepts, for the future application of the Convention, the following interpretation, already valid in the past.

The effect of the provisions of Article 7 is to secure for citizens of the United States residing in France the right to enjoy the same treatment as French citizens in matters relating to the ownership, possession, and [Page 182] disposal of real property. Consequently, citizens of the United States will enjoy in France the benefit of all the provisions, whether applicable to owners or tenants, of the French law of April 1, 1926, amended by the law of June 29, 1929, governing the relations between lessors and lessees of premises used for residential purposes, and the law of June 30, 1926, amended by the law of April 22, 1927, governing the relations between tenants and landlords of premises used for commercial and industrial purposes, notwithstanding Article 11 of the Civil Code and the exceptions or restrictions applicable to foreigners under the aforesaid laws.

I take note that, under the laws of the different States of the United States and of the District of Columbia, French citizens residing in the United States enjoy the same treatment as American citizens in regard to the leasing or renting of real property.

Kindly accept [etc.]

J. Paul-Boncour
  1. Not printed.
  2. These two notes constitute Executive Agreement Series No. 44.