811.512351 Double/259: Telegram

The Acting Secretary of State to the Ambassador in France (Straus)

296. Your 585, July 12, noon.

1.
It is not clear to the Department what benefit to either of the Governments or to the taxable enterprises affected by the Convention would result from bringing the Convention into force before January 1, 1936. Such action would shorten the period which American corporations have for preparing and filing declarations under paragraph 2 of Article V and paragraph 2 of Article VI. It would also cause confusion in the application of the third paragraph of Article X.
2.
A change in the date for bringing the Convention into effect would be an amendment of the Convention itself. It could be made on the part of the United States only in the form of a supplementary agreement of the President of the United States by and with the advice and consent of the Senate with the legally competent authorities of the French Government. It is doubtful whether such an amendment if attempted could be carried through before the adjournment of Congress.
3.
You are, therefore, instructed to inform the Foreign Office that this Government is not inclined to accept its suggestion that the convention be brought into force at a different time than is provided in the Convention itself, informing the Foreign Office in your discretion of the situation in respect of the United States as stated in paragraph number 2 above.
4.
The Department would be glad to receive any comments which the Embassy would be disposed to make on the subjects mentioned in paragraph number 1 of this telegram.
Phillips