890E.1281/2
The Secretary of State to the Ambassador in France (Straus)
Sir: I enclose copies of two despatches, No. 628 of January 13 and No. 632 of January 23, 1934, from the Consulate General at Beirut with respect to Legislative Decrees Nos. 65 and 66 of January 5, 1933, issued by the Lebanese Government relative to the conditions required of persons desiring to be admitted to the practice of medicine or pharmacy in the Lebanese Republic. Careful consideration has been given to the texts of the above-mentioned decrees and the Department is convinced that they are discriminatory and violative of the provisions of Article 11 of the French Mandate for Syria and the Lebanon, to the benefits of which the United States and its nationals are entitled under the provisions of the American-French Convention signed at Paris on April 4, 1924.37 Accordingly you are requested to address a note to the Foreign Office substantially as follows:
“The Government of the United States is of the opinion that the provisions of Article 1 of Legislative Decrees Nos. 65 and 66 dated January 5, 1933, issued by the Government of the Lebanese Republic, requiring applicants for admission to practice medicine and pharmacy to ‘possess the diploma of a Lebanese baccalaureate or a diploma officially recognized as equivalent,’ are unnecessarily restrictive for the accomplishment of their legitimate purposes. My Government likewise considers that the provisions of those Articles, in conjunction with the provisions of Article 2 of each decree which empower the Lebanese Chief of State, at the suggestion of the Director of Public Instruction and Fine Arts, to determine what degrees are ‘equivalent’ to the Lebanese baccalaureate, place clearly excessive authority in those officials the exercise of which is not compatible with the obligations of the Mandatory under Article 11 of the Mandate for Syria [Page 492] and the Lebanon to ‘see that there is no discrimination in Syria or the Lebanon against the nationals, including societies and associations, of any State Member of the League of Nations as compared with its own nationals, including societies and associations, or with the nationals of any other foreign state in matters concerning … the exercise of professions.…’
“My Government is also of the opinion that Decree No. 1633 of March 1, 1933, issued by the Government of the Lebanese Republic and providing that the only foreign degrees recognized as equivalent to the Lebanese baccalaureate are degrees of French institutions, is so clearly discriminatory in favor of French institutions and against all other foreign institutions that no discussion of the question is deemed necessary.
“Under the circumstances my Government cannot consider as adequate the reply made by the French High Commissioner at Beirut under date of January 8, 1934, to the note of December 15, 1933, in which the American Consul at Beirut invited attention to the discriminatory effect upon American nationals of the above mentioned decrees. Moreover, the suggestion made in the High Commissioner’s reply that recognition might upon request be granted to certain American diplomas ‘on condition of course that Lebanese diplomas have the benefit of reciprocity’ is obviously improper in view of the fact that by the provisions of Article 2 of the American-French Convention of April 4, 1924, the United States and its nationals, including societies and associations, are unconditionally entitled to all rights accorded members of the League of Nations.
“My Government therefore feels confident that the French Government will effect the modification of Decrees Nos. 65 and 66 of the Government of the Lebanese Republic so as to insure that baccalaureate degrees of reputable and qualified American institutions of learning shall not be placed in a less favorable position than similar institutions in France and that the recognition of this right shall not be dependent either upon reciprocal treatment or upon the arbitrary decision of the local authorities.”
The Embassy is requested to advise the Department of the results of its representations in this matter.38
Very truly yours,
- Foreign Relations, 1924, vol. i, p. 741.↩
- A note based upon this instruction was addressed to the French Minister for Foreign Affairs on May 1, 1934. Though the matter was brought several times to the attention of the Foreign Office, no reply was received before 1936 other than that the subject was being studied.↩