711.90H/23
The Secretary of State
to the Ambassador in France (Straus)
No. 692
Washington, January 2,
1935.
Sir: The receipt is acknowledged of your
despatch No. 1282 of October 13, 1934, with reference to the
proposal by the Afghan Minister in Paris of a treaty of friendship
between the United States of America and the Kingdom of
Afghanistan.
Although this Government is not averse in principle to concluding a
treaty of friendship and commerce with the Government of
Afghanistan, it considers that the purposes which the two
Governments have in mind might be accomplished more expeditiously
and satisfactorily by the conclusion of a less formal agreement. You
are therefore authorized to propose to the Afghan Minister the
negotiation of an agreement along the lines of the draft of which
two copies are enclosed. The proposed agreement is similar to that
between the United States and the Kingdom of Saudi Arabia, signed at
London on November 7, 1933,5 two
copies of which are also enclosed.
You will observe that the proposed agreement with Afghanistan differs
from the Agreement with Saudi Arabia only in the following respects:
- (1)
- The inclusion in the Afghan agreement of a new article
(Article I) providing for enduring peace and
friendship.
- (2)
- The omission from Article II of the Afghan agreement of
the phrase “in the places wherein consular representatives
are by local laws permitted to reside”. That phrase was
included in the Saudi Arabian agreement at the request of
the Arabian Government because local laws did not permit
foreign consular officers to reside in certain holy places.
Presumably no reason exists for the inclusion of a similar
provision in the proposed agreement with Afghanistan.
- (3)
- The omission from Article IV of the Afghan agreement of
the provisions relating to “navigation” which appear in
Article III of the Arabian agreement. Since Afghanistan is a
land-locked country obviously no necessity exists for
provisions regarding navigation.
- (4)
- The inclusion in Article V of the Afghan agreement of a
reference to the Reciprocal Trade Agreement of August 24,
1934, with Cuba,6
which has been concluded since the date the Arabian
agreement was signed.
- (5)
- The omission from the Afghan agreement of the final
provision of the Arabian agreement regarding the use of
English and Arabic. The drafting of the proposed agreement
with Afghanistan solely in English would greatly facilitate
and expedite its conclusion. In the event that the Afghan
Minister is prepared to sign the enclosed draft agreement in
its present form you are authorized to sign the agreement, a
full power for which is herewith transmitted. A like full
power should be presented by the Afghan Minister and the two
[Page 557] full powers
exchanged. You will observe that the final article of the
draft agreement recites that the representatives of the two
Governments have been duly authorized.
Should the Afghan Minister desire a French text you are instructed to
prepare such a text and forward it to the Department for comparison.
In this case, the language of the first paragraph of Article VII
would read as follows:
“The English and French texts of the present Agreement shall
be of equal validity.”
However, if the Afghan Minister insists that the agreement be in
Persian as well as English, you are instructed to point out that the
preparation of the Persian text would have to be done by the
Legation at Teheran and a considerable amount of time would
inevitably be lost. In case, however, it be agreed to have a Persian
text, the Department desires to propose the following as a first
paragraph of Article VII:
“The English and Persian texts of the present Agreement shall
be of equal validity, but in case of divergence the English
text shall prevail.”
The Department will be pleased to learn the attitude of the Afghan
Minister toward the proposed agreement and it will issue further
instructions to you in the event that the Afghan authorities make
counter proposals.
Very truly yours,
For the Secretary of State:
William Phillips
[Enclosure]
Draft Agreement Between the United States of
America and the Kingdom of Afghanistan in Regard to
Friendship, Diplomatic and Consular Representation,
Juridical Protection, and Commercial Relations
Article I
There shall be a firm and enduring peace and sincere friendship
between the United States of America and its citizens, and His
Majesty the King of Afghanistan, his successors and subjects,
throughout all their territories and possessions.
Article II
The diplomatic representatives of each country shall enjoy in the
territories of the other the privileges and immunities derived
from generally recognized international law. The consular
representatives of each country, duly provided with exequatur,
will be permitted to [Page 558]
reside in the territories of the other; they shall enjoy the
honorary privileges and the immunities accorded to such officers
by general international usage; and they shall not be treated in
a manner less favorable than similar officers of any other
foreign country.
Article III
Subjects of His Majesty the King of Afghanistan in the United
States of America, its territories and possessions, and
nationals of the United States of America, its territories and
possessions, in the Kingdom of Afghanistan shall be received and
treated in accordance with the requirements and practices of
generally recognized international law. In respect of their
persons, possessions and rights, they shall enjoy the fullest
protection of the laws and authorities of the country, and they
shall not be treated in regard to their persons, property,
rights and interests, in any manner less favorable than the
nationals of any other foreign country.
Article IV
In respect of import, export and other duties and charges
affecting commerce, as well as in respect of transit,
warehousing and other facilities, the United States of America,
its territories and possessions, will accord to the Kingdom of
Afghanistan, and the Kingdom of Afghanistan will accord to the
United States of America, its territories and possessions,
unconditional most-favored-nation treatment. Every concession
with respect to any duty, charge or regulation affecting
commerce now accorded or that may hereafter be accorded by the
United States of America, its territories and possessions, or by
the Kingdom of Afghanistan to any foreign country will become
immediately applicable without request and without compensation
to the commerce of the Kingdom of Afghanistan and of the United
States of America, its territories and possessions,
respectively.
Article V
The stipulations of this Agreement shall not extend to the
treatment which is accorded by the United States of America to
the commerce of Cuba under the provisions of the Commercial
Convention concluded between the United States and Cuba on
December 11, 1902,7 or the Reciprocal Trade Agreement
concluded August 24, 1934, or the provisions of any other
commercial convention which hereafter may be concluded between
the United States of America and Cuba. Such stipulations,
moreover, shall not extend to the treatment which is accorded to
the commerce between the United States of America and the Panama
Canal Zone or any of the dependencies of the United [Page 559] States of America or to the
commerce of the dependencies of the United States of America
with one another under existing or future laws.
Nothing in this Agreement shall be construed as a limitation of
the right of either Government to impose, on such terms as it
may see fit, prohibitions or restrictions of a sanitary
character designed to protect human, animal, or plant life, or
regulations for the enforcement of police or revenue laws.
Nothing in this Agreement shall be construed to affect existing
statutes of either country in relation to the immigration of
aliens or the right of either Government to enact such
statutes.
Article VI
The present stipulations shall become operative on the day of
signature hereof and shall remain respectively in effect until
the entry into force of a definitive treaty of commerce, or
until thirty days after notice of their termination shall have
been given by the Government of either country, but should the
Government of the United States of America be prevented by
future action of its legislature from carrying out the terms of
these stipulations, the obligations thereof shall thereupon
lapse.
Article VII
In witness whereof the undersigned, duly authorized thereto by
their respective Governments, have signed this agreement, in
duplicate, at Paris this . . . . . day of . . . . . . . , one
thousand nine hundred and . . . . . . .
