883.7961/37
The Secretary of State to the Minister in Egypt (Fish)
Sir: Reference is made to your despatches Nos. 76 and 88 of May 12 and June 5, 1934, respectively,2 in regard to the proposed Egyptian aviation law. Particular note has been taken of (1) the reported intention of the Egyptian Government to refuse to accept the first article of the bill, as modified by the General Assembly, because of the apparent purpose of the article in question to extend to the air over Egyptian territory the capitulatory rights now enjoyed by certain powers on the land and territorial waters of Egypt; and (2) a report that the Egyptian Parliament will probably authorize the Government to negotiate directly with the powers regarding capitulatory rights in the air.
While the Department’s attitude respecting the proposed legislation must necessarily depend upon the final form of the bill under reference, upon the detailed regulations adopted for its administration, and upon the precise character of any proposals which may be made by the Egyptian Government, the following indication of the Department’s general attitude is communicated for your information.
In view of the tendency of the Egyptian Government which has been particularly manifest during recent years, to impair and diminish the rights of capitulatory nationals in Egypt by various measures ostensibly unrelated to the question of capitulatory rights, the Department is not disposed to acquiesce in any diminution of the capitulatory rights of American citizens which might result from the enforcement of the proposed law, either in its present form or under any amendment which might be made, including the possible omission or revision of Article I to meet the views of the Egyptian Government, unless the prior assent of this Government and of the other Capitulatory Powers to such diminution of rights is obtained through the regular procedure under the capitulations. If any proposal such as that suggested in your despatch of June 5, 1934, should be made to this Government, it would of course, receive appropriate consideration in the light of all pertinent factors and the attitude of other interested governments.
[Page 753]You are accordingly requested to keep the Department fully informed of all material developments of the situation under discussion, with particular reference to the attitude of other interested governments toward the proposed law and the suggested negotiations concerning capitulatory rights in the air, and to submit any information which may be reasonably obtainable respecting the probable scope of the proposed negotiations.
Very truly yours,
- No. 76, May 12, not printed.↩