811.5241/186

The Chargé in Great Britain (Atherton) to the Secretary of State

No. 828

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,

Ray Atherton
[Enclosure]

The British Secretary of State for Foreign Affairs (Simon) to the American Chargé (Atherton)

No. A 1175/1175/45

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 . .

  1. William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776–1909 (Washington, Government Printing Office, 1910), vol. i, p. 774.
  2. Foreign Relations, 1930, vol. iii, p. 139.
  3. Ibid., p. 138.
  4. Note No. 1100, March 13, 1931, ibid., p. 140.
  5. Not printed.
  6. Charles G. Dawes, Ambassador to Great Britain.
  7. Arthur Henderson, British Secretary of State for Foreign Affairs.