711.922/48
The Department of State to the Siamese Legation
Memorandum
Reference is made to the note of the Siamese Legation, dated May 22, 1934.
1. The previous proposal of the Government of Siam contemplated the revision of three articles of the existing treaty between the United States and Siam, signed at Washington, December 16, 1920. The counterdraft of the new Article III which Mr. Hornbeck handed to Mr. Stevens was prepared on the assumption that there would be a revision, simultaneously with that of Article III, of Articles VII and XIII. Nevertheless, noting that the Siamese Government now wishes to proceed with the revision of Article III and to postpone consideration of the question of revising the other two Articles, the American Government would be willing to replace the present Article III of the treaty with a new Article III reading as follows:
“The citizens or subjects of each of the High Contracting Parties shall have liberty freely to come with their ships and cargoes to all places, ports and rivers in the territories or possessions of the other which are or may be opened to foreign commerce and navigation, subject always to the laws of the country to which they thus come.
“Each of the High Contracting Parties binds itself unconditionally to impose no other restrictions or prohibitions on the importation of any article originating in, or on the exportation of any article destined to, the territory of the other party than are imposed on any like article originating in or destined to the territory of any other foreign country; with the exception, however, that nothing in this treaty shall be construed to restrict the right of either Contracting Party to impose, on such terms as it may see fit, subject to the principle of nondiscriminatory treatment:
- “(1) Prohibitions, restrictions or regulations for the enforcement of police or revenue laws, including laws prohibiting or restricting the importation, exportation, or sale of alcohol or alcoholic beverages or of opium, the coca leaf, their derivatives, and other narcotic drugs, as well as other laws imposed upon [Page 846] articles the internal production, consumption, sale or transport of which is or may be forbidden or restricted by the national law;
- “(2) Prohibitions or restrictions necessary for the protection of national or public security or health, or for the protection of animal or plant life against disease, harmful pests or extinction;
- “(3) Prohibitions or restriction upon articles which, as regards production or trade, are or may hereafter be subject within the country to a monopoly exercised by or under the control of the State.
“The provisions of this treaty shall not apply, however, to the control of the export or the sale for export of arms, munitions or implements of war, and in exceptional circumstances, of other material needed in war; or to the commerce of the United States of America or its dependencies with the Republic of Cuba, the commerce of the United States of America with the Panama Canal Zone or with any of the dependencies of the United States of America, or the commerce of the dependencies of the United States of America with one another.”
The text of the new Article III, as given above, differs from the text of the counter-draft of the new Article III which Mr. Hornbeck handed to Mr. Stevens in respects as follows:
- (a)
- In the second paragraph there has been substituted for the words “no other restrictions or prohibitions on the importation or exportation of any article of commerce between their respective territories than are imposed on importations from or exportations to any other foreign country” the words “no other restrictions or prohibitions on the importation of any article originating in, or on the exportation of any article destined to, the territory of the other party than are imposed on any like article originating in or destined to the territory of any other foreign country”;
- (b)
- The sub-paragraph number (2) has been transferred from the sub-paragraphs and has been placed, with some modification in regard to phraseology and with the addition of a general provision in regard to the commerce of the United States and its dependencies, as the last paragraph of the Article;
- (c)
- The sub-paragraphs numbered (3) and (4) have been renumbered (2) and (3), respectively.
2. It would seem necessary that the agreement revising any part of the present treaty be in the form of a supplementary treaty and not in the form of an exchange of notes.
3. The treaty under reference having been concluded at Washington, it is believed that it would be appropriate that the proposed supplementary treaty be concluded at Washington. In the circumstances contemplated, it would be necessary that the plenipotentiaries be provided with full powers to sign the agreement.