711.9421/515/7

Memorandum by Mr. William T. Turner of the Division of Far Eastern Affairs of a Conversation With the Third Secretary of the Japanese Embassy (Kawahara)

Mr. Kawahara called to discuss a suggested provision in the proposed consular convention which would provide that Article III of the Treaty of Commerce and Navigation between the United States and Japan of 1911 (which relates to consular officers) be superseded and supplanted. Mr. Kawahara stated that his Government did not favor the cancellation of this Article; that he had not been informed of the reason for this attitude; but that in his opinion it was likely that the Japanese Government wished to retain the provision which reads as follows:

“The Government issuing exequaturs or other authorizations may in its discretion cancel the same on communicating the reason for which it is thought proper to do so.”

I replied that in my opinion it appeared desirable to incorporate all treaty provisions affecting consular officers into one convention, and that desirable portions of previous treaties relating to consular officers might well be included in the new convention.

Mr. Kawahara stated that he would take up this matter again with his Government.

I asked Mr. Kawahara if he would have objection to our Embassy in Tokyo discussing certain phases of the proposed convention with the Foreign Office in Tokyo. I said that in some instances it might be possible for the Embassy to clarify our view in regard to certain matters in a more satisfactory manner than could be done telegraphically by the Japanese Embassy.

Mr. Kawahara replied that he saw no objection but would like to consult Mr. Miura43 in regard to this point before making a definite answer.

  1. First Secretary of the Japanese Embassy.