611.6231/594
The Secretary of State to the German Ambassador (Luther)
Excellency: I have the honor to refer to the note of October 13, 1934,9 in which the German Embassy, pursuant to instructions from its Government, gives notice of intention to modify Article VII of the existing Treaty of Friendship, Commerce and Consular Rights between the United States and Germany. The United States Government hereby accepts the notice thus given.
Article XXXI of the Treaty of 1923, to which reference also is made in the Embassy’s note, reads as follows: [Page 443]
“The present treaty shall remain in full force for the term of ten years from the date of the exchange of ratifications, on which date it shall begin to take effect in all of its provisions.
“If within one year before the expiration of the aforesaid period of ten years neither High Contracting Party notifies to the other an intention of modifying, by change or omission, any of the provisions of any of the articles in this Treaty or of terminating it upon the expiration of the aforesaid period, the Treaty shall remain in full force and effect after the aforesaid period and until one year from such a time as either of the High Contracting Parties shall have notified to the other an intention of modifying or terminating the Treaty.”
The foregoing provisions are construed by this Government as providing that the entire Treaty shall cease to have force or effect at the expiration of the term of ten years from the date of the exchange of ratifications, if at least one year before the expiration of that period, either Government should notify to the other Government an intention to modify or terminate the Treaty. As the exchange of ratifications was effected on October 14, 1925, the notice given to this Government by the German Government on October 13, last, would have the effect of terminating the entire Treaty on October 14, 1935, unless before that date an agreement is reached between the two Governments in respect of the modification desired by your Government.
In order to avoid termination of the entire Treaty of Friendship, Commerce and Consular Rights of 1923, between the United States and Germany, on October 14, 1935, I have the honor to state that this Government would be glad to enter immediately into an agreement with your Government modifying the provisions of Article VII of the Treaty. Such an agreement, a draft of which is enclosed,10 would terminate those provisions of Article VII which provide for most-favored-nation treatment in respect of the treatment to be accorded by each country to goods originating in the other.
As you are aware, modification of a treaty under American constitutional procedure requires Congressional action. Since the Congress of the United States will probably adjourn in a comparatively short time until January, 1936, it is suggested that the German Government indicate as early as possible whether the enclosed draft agreement meets with its approval in order that the requisite action may be sought from the Congress of the United States before its adjournment.
Accept [etc.]
- Foreign Relations, 1934, vol. ii, p. 453.↩
- Not printed. The draft is identical with the treaty as signed June 3, 1935, p. 451, except that in the draft the second paragraph of Article II reads: “The present Agreement is subject to approval by the United States of America and Germany in accordance with their respective constitutional requirements.”↩