711.415 Traders/38a

The Secretary of State to the British Chargé (Osborne)

Sir: With reference to the Embassy’s note of December 19, 1930,2 and other correspondence and discussions relating to the conclusion of a convention concerning the admission of Australian business men into the United States, I am pleased to state that this Government is now in a position to enter into a convention on this subject. Accordingly, there is enclosed for the consideration of the Commonwealth Government a draft of a commercial convention embodying provisions in regard to this matter similar in purpose and effect to those contained in the tentative draft which the Ambassador submitted informally to the Department on April 27, 1931.3

In addition to the provisions giving reciprocal rights of entry for purposes of trade, the occasion is taken to propose the settlement of a further difficulty connected with the conduct of trade between the United States and Australia. I refer to the circuitous and uneconomical routing of American exports to Australia which has been occasioned by certain Australian customs regulations. Provisions relating to this subject will be found in Article III of the enclosed draft convention.

I shall be glad to arrange for discussions of the details of the draft convention at the Embassy’s convenience.

Accept [etc.]

For the Secretary of State:
James Grafton Rogers
[Enclosure]

Draft Commercial Convention Between the United States of America and the Commonwealth of Australia

The President of the United States of America:

And His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, in respect of the Commonwealth of Australia,

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Being desirous of encouraging the growth of trade between the United States of America and the Commonwealth of Australia:

Have decided to conclude a convention for that purpose;

And have appointed as their Plenipotentiaries:

The President of the United States of America:

And His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, For the Commonwealth of Australia:

Who, having communicated their full powers found in good and due form, have agreed upon the following articles:

Article I

His Majesty’s subjects of Australian birth or parentage ordinarily resident in the Commonwealth of Australia who conform to the laws and regulations of the United States of America shall be permitted to enter, travel and reside therein to carry on trade between the United States of America and Australia.

Article II

Nationals of the United States of America who conform to the laws and regulations of the Commonwealth of Australia shall be permitted to enter, travel and reside therein to carry on trade between Australia and the United States of America.

Article III

In determining the value of goods for duty purposes Australia agrees that no greater amount of inland freight charges shall be included in such value for duty than the actual amount of freight charges that would be incurred if the goods were forwarded from the point of origin of such goods to the nearest point of exit from the United States.

Article IV

The provisions of the present convention shall be applicable to all territories under the sovereignty, authority, or mandate of the United States of America and the Commonwealth of Australia, respectively, other than the Panama Canal Zone.

Article V

The present convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. It shall come into force on the day of the exchange of ratifications and shall be binding during a period of ten years from the date of its coming into force.

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In case neither of the High Contracting Parties shall have given notice to the other one year before the expiration of the said period of ten years of an intention to terminate the convention, it shall remain in force thereafter until the expiration of one year from the date on which such notice of termination is given.

In witness whereof the respective Plenipotentiaries have signed the present convention in duplicate and have thereunto affixed their seals.

Done at the city of Washington this . . . . . day of . . . . . . ., 1932.

  1. Ibid., p. 839.
  2. Not printed.