811.5241/186
The Chargé in Great Britain (Atherton) to the Secretary of
State
No. 828
London, April 25,
1933.
[Received May 3.]
Sir: I have the honor to enclose a copy of
a Foreign Office note, dated April 24, 1933, (No. A1175/1175/45),
transmitting the draft of a supplementary convention to regulate the
application to British colonies, protectorates and mandated
territories and to insular possessions of the United States, of the
Convention between the United States and Great Britain, signed at
Washington on March 2, 1899,8 relative to the
disposal of real and personal property in the respective
countries.
As reported in the Embassy’s despatch No. 1752 of March 13,
1931,9 the
pertinent portions of the Department’s instruction No. 694 of March
3, 1931,9a were
officially communicated to the Foreign Office.10 The
Foreign Office subsequently inquired whether the Department
contemplated that the signature of the supplementary convention
should take place at Washington, but it apparently overlooked the
reply which was made by the Embassy, that the Department would
prefer to have the convention signed at Washington (See Department’s
telegram No. 156, June 8, 193111); and consequently the expected instructions
were not sent to the British Ambassador at Washington.
Attention is invited to the proposal of the present note that the
supplementary convention shall be signed at Washington, since the
original convention was signed there.
Respectfully yours,
[Enclosure]
The British Secretary of State for Foreign
Affairs (Simon) to the
American Chargé (Atherton)
No. A 1175/1175/45
London, 24 April,
1933.
Sir: I have the honour to invite
reference to a note No. 1100 which General Dawes12 was so good as to address to Mr.
Henderson13 on
the
[Page 12]
13th March, 1931,
regarding the Convention between the United States and the
United Kingdom signed at Washington on the 2nd March, 1899,
relative to the disposal of real and personal property in the
respective countries.
2. I now transmit to you herewith the draft of a supplementary
convention to regulate the application of the original
convention to British Colonies, protectorates and mandated
territories, and to United States overseas territories, and I
shall be grateful to learn in due course whether this draft is
acceptable to the United States Government. It is proposed that
the supplementary convention shall be signed at Washington,
since the original convention was signed there.
I have [etc.]
(For the Secretary of State)
R. L. Craigie
[Subenclosure]
Draft of Proposed Convention to Extend the
Application of the Convention Between the United States and
the United Kingdom Signed at Washington on March 2, 1899,
Relative to the Disposal of Real and Personal Property
His Majesty the King of Great Britain, Ireland and the British
Dominions beyond the Seas, Emperor of India, and the President
of the United States of America, being desirous of amending
Article IV of the Convention concerning the tenure and
disposition of real and personal property signed at Washington
on the 2nd March, 1899, have agreed to conclude a supplementary
Convention for that purpose and have appointed as their
Plenipotentiaries:
His Majesty the King of Great Britain, Ireland and the British
Dominions beyond the Seas, Emperor of India,
For Great Britain and Northern Ireland:
. . . . . . . . . . . . . .
The President of the United States of America:
. . . . . . . . . . . . . .
who having communicated their full powers, found
in due form, have agreed as follows:—
Article I
As from the date of the entry into force of the present
Convention, the following provisions shall be substituted for
Article IV and the second paragraph of Article VI of the
Convention concerning the tenure and disposition of real and
personal property signed at Washington on the 2nd March, 1899:
[Page 13]
“Article IV.
- “1. The present convention shall not be applicable
to any colony or protectorate of His Majesty the
King of Great Britain, Ireland and the British
Dominions beyond the Seas, Emperor of India, nor to
any Mandated territory in respect of which the
Mandate is exercised by His Government in the United
Kingdom of Great Britain and Northern Ireland unless
a notice to that effect has been given at any time
while the present convention is in force to the
Government of the United States of America by His
Majesty’s Representative at Washington. The
convention shall apply to any territory in respect
of which such notice has been given as from the date
of such notice.
- “2. The present convention shall not be applicable
to any overseas territory under the authority of the
United States of America unless a notice to that
effect has been given at any time while the present
convention is in force to His Majesty’s Government
in the United Kingdom by the Representative of the
United States in London. The convention shall apply
to any territory in respect of which such notice has
been given as from the date of such notice.
- “3. Either High Contracting Party may by a
notification through the diplomatic channel
terminate the application of the convention to any
territory to which it is applicable or has become
applicable under either of the preceding paragraphs
of this article, and the convention shall cease to
apply to any territory in respect of which such
notification is made 12 months after the date of the
receipt of the notification.
- “4. The expression ‘subjects or citizens’ of one
or the other High Contracting Party in the present
convention shall be deemed to mean (a) in relation to His Majesty
the King, all subjects of His Majesty and all
persons under His Majesty’s protection belonging to
territories to which the convention applies, (b) in relation to the United
States of America all citizens of the United States
and all persons enjoying the protection of the
United States belonging to territories under the
authority of the United States to which the
convention applies.”
Article II
The present convention shall be ratified by His Majesty the King
and by the President of the United States of America by and with
the advice and consent of the Senate thereof. The ratifications
shall be exchanged at Washington and the present convention
shall take effect as from the date of the exchange of
ratifications.
In witness whereof the above mentioned Plenipotentiaries have
signed this Convention and have hereunto affixed their
seals.
Done in duplicate at Washington, the . . . . day of . . . . . .
193 . .
