Foreign Relations of the United States Diplomatic Papers, 1934, General, the British Commonwealth, Volume I

500.A14/700½

Mr. Joseph C. Green of the Division of Western European Affairs to the Acting Secretary of State

[Washington,] August 22, 1934.

The Acting Secretary: In compliance with your instructions, I have drafted an Instrument of Ratification for the Arms Traffic Convention of 1925, containing a statement concerning the Senate’s reservation in regard to the Persian Gulf, which follows substantially the suggestions made by the President. I attach the draft hereto.

Mr. Barnes of TD⁵² informs me that he has not been able to find any precedent for the inclusion of such a statement in an Instrument of Ratification. However, as the statement is merely interpretative, it would not appear to affect the validity of the ratification.

I am strongly of the opinion that a statement by the President, interpreting the Senate’s reservation, would fail to achieve the purpose which he has in mind, viz: the bringing into effect of the Convention at an early date.⁵³ We have already been informed that the French Government would feel it incumbent upon it to obtain the consent of all the other parties to the Treaty to the reservation. There are 37 signatory powers; one other power has acceded and, in addition, 12 other powers have been invited to accede. The circularizing of these powers, the explanation through diplomatic channels of the reservation and of the explanatory statement which would undoubtedly be called for by many of the powers and the attaining of their consent to the reservation,—assuming that even with such an explanatory statement it could be obtained—would undoubtedly delay the coming into effect of the Convention for two or three years and perhaps indefinitely.

The possible reaction of certain Senators to such an explanatory statement should perhaps be considered.

The essential thing is the establishment of a system of supervision and control of the international traffic in arms and munitions of war at an early date. The only practical means to this end would appear to be the elimination by the Senate of the reservation in regard to the Persian Gulf.

Joseph C. Green

[Enclosure—Extract]

Draft

Franklin D. Roosevelt

President of the United States of America

To All to Whom These Presents Shall Come, Greeting:

. . . . . . . . . . . . . .

Now, Therefore, be it known that I, Franklin D. Roosevelt, President of the United States of America, having seen and considered the said convention do hereby, in pursuance of the aforesaid advice and consent of the Senate, ratify and confirm the same and every article and clause thereof, subject to the aforesaid reservation and understanding, which understanding is not to be construed as meaning that the United States of America has any interest in any question which may have arisen or which may hereafter arise in regard to the sovereignty of the waters of the Persian Gulf or of any territory situated therein or adjacent thereto, nor is this understanding to be construed as implying that the United States of America has any intention of expressing any opinion, or becoming involved in any controversy in regard to the sovereignty of the aforesaid waters and territory. I hereby declare that in ratifying and confirming the said Convention, the sole motive of the United States of America is to further the establishment of a system of supervision and control of the international traffic in arms and munitions of war.

In Testimony Whereof, etc.

52. Treaty Division.
53. Marginal note in the original: “I concur. P. M.” [Jay Pierrepont Moffat, Chief of the Division of Western European Affairs.]