811.5241/187

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

No. 65

Sir: The Department has received the Embassy’s despatch No. 88 dated July 6, 1933—concerning the draft convention to extend to outlying territories of both countries the application of the Convention between the United States and Great Britain signed at Washington on March 2, 1899, relating to the disposal of real and personal property. It is observed that the Foreign Office, in the second paragraph of its note dated July 5, 1933, states that paragraph one of the proposed new Article 4 on page two of the draft supplementary convention transmitted with the Foreign Office’s note of April 24, 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”.

It is understood that the following mandates are in force in addition to those exercised by His Majesty’s Government in the United Kingdom:

Union of South Africa—
 Former German S. W. Africa
C Mandate
Australia—
 Northeastern New Guinea and adjacent islands
C Mandate
New Zealand—
 Western Samoa
C Mandate

Since the draft convention submitted by the Foreign Office with its note of April 24, 1933, provides for the giving of notice of the extension of the application of the Convention of March 2, 1899, “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”—it is believed that notice could not properly be given in respect to territory subject to a mandate exercised by His Majesty’s Government in South Africa, Australia, or New Zealand. As it is desired to have the Convention applicable to all territory under the control of His Majesty, it is believed that, after the words “Northern Ireland” in the first paragraph of the draft Article 4, a comma should be inserted and the following words should be added: “in the Union of South Africa, in the Commonwealth of Australia, or in New Zealand”. A similar result could be accomplished by substituting for the words: “His Government in the United Kingdom of Great Britain and Northern Ireland” the words: “any of His Majesty’s Governments”.

Having thus elucidated the Department’s telegram No. 123 of May [Page 17]24, 1933, 5 p.m.—it is desired that you take up the matter again with a view to obtaining a definite response concerning the possible application of the draft convention to the territories under mandates of the Union of South Africa, Australia, or New Zealand.14

Very truly yours,

For the Secretary of State:
Harry F. Payer
  1. For text of treaty signed May 27, 1936, see Department of State, Treaty Series No. 964; or 55 Stat. 1101.