811.5241/187

The Ambassador in Great Britain (Bingham) to the Acting Secretary of State

No. 88

Sir: I have the honor to inform the Department that in compliance with the instructions contained in the Department’s telegram No. 123 of May 24, 5 p.m., I addressed a note to the Foreign Office on May 25 transmitting the suggested revisions in the draft convention to extend application of the Convention between the United States and the United Kingdom, signed at Washington on March 2, 1899, relative to disposal of real and personal property in the respective countries, to British colonies, protectorates, mandated territories and to territories under the authority of the United States.

I now have the honor to enclose a copy of Foreign Office Note No. 4877/1175/45, of July 5, 1933. It will be observed that in paragraph 2 of the note the Foreign Office expresses the view that paragraph 1 of the new Article IV of the Draft Convention (see Embassy’s despatch No. 828 of April 25, 1933) “provides for the application of the Convention to any mandated territory in respect of which the mandate is exercised by His Majesty’s Government in the United Kingdom.” The second suggestion contained in the Department’s telegram abovementioned has, however, been accepted.

The Foreign Office having expressed its willingness to have the British [Page 15]Ambassador at Washington proceed with the signature of the Convention in Washington, I should be grateful if the Department would inform me whether the text as it now stands of the supplementary convention is acceptable.

Respectfully yours,

For the Ambassador:
Ray Atherton
[Enclosure]

The British Secretary of State for Foreign Affairs (Simon) to the American Ambassador (Bingham)

No. A 4877/1175/45

Your Excellency: I have the honor to invite reference to the note No. 8 which Your Excellency was so good as to address to me on the 25th May last, regarding a proposed supplementary convention to regulate the application of 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, to British colonies, protectorates and mandated territories and to insular possessions of the United States.

2.
With reference to suggestion No. 1 in your note, I desire to invite your attention to paragraph 1 of the proposed new article 4 on page 2 of the draft supplementary convention transmitted in my note No. A. 1175/1175/45 of the 24th April last. This paragraph in fact provides for the application of the convention to any mandated territory in respect of which the mandate is exercised by His Majesty’s Government in the United Kingdom. Moreover the phrase “persons under His Majesty’s protection” in paragraph 4 of article 4 of the draft supplementary convention includes persons belonging to the mandated territories to which the convention applies.
3.
I agree that the preamble should be amended in the sense of point No. 2 of your note under reply by the insertion between “of amending Article 4” and “of the Convention” of the words “and the second paragraph of Article 6”.
4.
If you are able to inform me in due course that, subject to the above observations, the text of the supplementary convention is acceptable to the United States Government, I am prepared to authorize His Majesty’s Ambassador at Washington to sign it on behalf of His Majesty’s Government in the United Kingdom.

I have [etc.]

(For the Secretary of State)
R. L. Craigie