Foreign Relations of the United States Diplomatic Papers, 1933, The British Commonwealth, Europe, Near East and Africa, Volume II

711.90f2/12

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

No. 2553

London, February 2, 1932.
[Received February 10.]

Sir: I have the honor to refer to the Department’s instruction No. 953, October 12, 1931 (File No. 890 F.01/37),³ relating to an exchange of notes between the Government of the United States and the Government of the Kingdom of the Hedjaz and Nejd and its Dependencies, pending an opportunity for the negotiation of a formal treaty of commerce and navigation, and to forward herewith a copy of a memorandum, dated January 29, 1932, together with a draft of a provisional agreement,⁴ which the Hedjazi Minister left with me in reply to the Ambassador’s memorandum of October 22, 1931.⁵

It will be noted from the Hedjazi Minister’s memorandum that the Government of the Kingdom of the Hedjaz and Nejd has approved the text proposed by the Government of the United States, with the exception of a few minor modifications.

In amplification of his memorandum, the Hedjazi Minister stated that modification I (a) refers to the Holy Places only for Mohammedans.

As regards modification I (b), the omission of the clause “and they shall not be treated in a manner less favorable than similar officers of any other foreign country” should be interpreted in no way to indicate that there would at any time be any difference in the treatment accorded to American consular officers and that accorded to consular officers of any other country. According to the Hedjazi Minister, this clause has been omitted from all treaties since the Treaty of Jeddah, dated May 20, 1927,⁶ and his Government, I gather, attaches some importance to its omission, since inter alia certain Mohammedan consuls might have certain consideration in travel areas, etc.

In regard to modification II, the Hedjazi Government would prefer to leave out the words “and interests”, since, as stated by the Hedjazi Minister, in the opinion of his Government it is an undefinable term.

Respectfully yours,

Ray Atherton

[Enclosure]

The Hedjazi Minister in Great Britain (Wahba) to the American Chargé (Atherton)

Memorandum

The Government of His Majesty the King of Hedjaz and Nejd, as has been previously intimated, heartily reciprocates the wish of the Government of the United States of America to conclude a provisional Agreement in regard to consular and diplomatic representation, juridical protection, commerce and navigation, between the two countries and signifies its readiness to do so at the earliest possible opportunity by means of the exchange of notes between the Ambassador of the United States of America and the Minister of the Hedjaz and Nejd in London.

His Majesty’s Government having examined the text proposed by the Government of the United States of America has approved it, with a few minor modifications, for reasons which I shall explain in person and which I hope will prove acceptable to the American Government. These modifications have been embodied in the enclosed proposed text⁷ and are as follows:—

I. In Part 1 Two modifications have been introduced:

a) The following words have been inserted at the end of the first clause in the second sentence:—

“in the places wherein consular representatives are by local laws permitted to reside;”

The clause in question now reads as follows:—

“The consular representatives of each country, duly provided with exequatur, will be permitted to reside in the territories of the other, in the places wherein consular representatives are by local laws permitted to reside”.

This of course means that the consular representatives of the United States of America will be allowed to reside wherever other consular representatives are allowed.

b) The third clause in the second sentence, which reads as follows:—

“and they shall not be treated in a manner less favorable than similar officers of any other foreign country.”

has been omitted.

This clause has been omitted from all treaties concluded after the Treaty of Jedda and therefore has no existence in the Treaties which His Majesty’s Government concluded with Persia,⁸ Germany,⁹ Turkey,¹⁰ Iraq¹¹ and France.¹²

II. In Part 2, in the second sentence the words “and interests” have been omitted. Thus the second sentence now reads as follows:

“In respect of their persons and possessions and rights” … instead of

“In respect of their persons and possessions, rights and interests” …

III. In Part 6 the last clause which reads as follows:—

“but in the case of divergence in the interpretation of any part of the agreement the English text shall prevail”

has been omitted.

This clause has been omitted from all treaties concluded after the treaty of Jedda.

Apart from these modifications the text remains the same as it was proposed by the Government of the United States of America.

The Minister of the Hedjaz and Nejd is authorized to sign and transmit to the American Ambassador the enclosed note¹³ upon being advised by the latter of his authorisation to reply thereto in identical terms.

[London,] 21 Ramadan, 1350. / 29 January, 1932

3. File number changed to 711.90f2/6; ibid., p. 552.
4. Draft of provisional agreement not printed.
5. Not printed; see instruction No. 953, October 12, 1931, Foreign Relations, 1931, vol. ii, p. 552.
6. Treaty of Friendship and Good Understanding with Great Britain; League of Nations Treaty Series, vol. lxxi, p. 131.
7. Not printed.
8. Treaty of Friendship, August 24, 1929, British and Foreign State Papers, vol. cxxxi, p. 490.
9. Treaty of Friendship, April 26, 1929, ibid., p. 371.
10. Treaty of Friendship, August 3, 1929, ibid., p. 491.
11. Treaty of Friendship and Neighbourship, April 7, 1931, ibid., vol. cxxxiv, p. 899.
12. Treaty of Friendship, November 10, 1931, ibid., p. 823.
13. Not printed.