Foreign Relations of the United States Diplomatic Papers, 1936, The Far East, Volume IV

711.922/70

The Siamese Ministry for Foreign Affairs to the American Legation in Siam²

Memorandum

Negotiation for treaty revision with U. S. A.

1. In a Memorandum dated October 23rd, 1933,³ His Majesty’s Government put forward proposals⁴ for a revision of the present Treaty on the following points:

I. Article 1, paragraph 4: Military exactions or contributions.—It is desired to have these words struck out, so that either Contracting Party may have the right to requisition the property of the nationals of the other Party in its territory in time of war.

II. Article 3: Monopoly.—ft is desired to modify this Article so that either Contracting Party should have the right to set up monopolies in its territory.

III. Article 7: Customs duties.—It is desired to modify the Article so that the most favoured nation treatment in regard to customs duties should be reciprocal and not unilateral as it now is.

IV. Article 13, paragraph 3: Consular privileges.—It is desired to have the condition of reciprocity added to the most favoured nation treatment that is now provided for.

The text of the Memorandum is attached herewith. (Annex l.)⁵

2. On February 1st, 1934, Mr. Stevens,⁶ who was entrusted with the negotiation with the Department of State, transmitted the counterproposals of the Department of State, the text of which is to be found in Annex 2.⁵

3. As the proposals regarding (1) military exactions or contributions, (2) customs duties, and (3) consular privileges, concern provisions which are also stipulated in the treaties with other Powers, it was considered desirable to take up the discussion of these points at the time of the general revision of treaties which was due to take place in 1936. As the limitation of the right to set up monopolies exists in the American Treaty only, His Majesty’s Government proposed that only Article 3 dealing with monopolies, should be dealt with in the Supplementary Treaty to be concluded, and, on this question, accepted the counter-proposal of the Department of State and, on the 21st of January 1935, authorized the Siamese Minister at Washington to sign the Supplementary Treaty accordingly.⁷

4. The Department of State, however, asked that the revision of Article 3 also should be left in abeyance pending the general revision.

5. Subsequently, in December 1935, through the good offices of Dr. Sayre,⁸ the Department of State expressed its readiness to sign the Supplementary Treaty with a new Article 3 as per counter-proposal of the Department of State already accepted by His Majesty’s Government, or if His Majesty’s Government preferred, the Department of State would accept the provisions of the Article concerning monopolies in the Trade Agreement between the United States of America and Canada⁹ (cf. Annex 3), provided however that an exchange of Notes as per drafts in Annexes 4¹⁰ and 5,¹¹ should take place at the time of the signature of the Supplementary Treaty.

6. As His Majesty’s Government hope to be able to start negotiations for the general revision of treaties with the various Powers in June next, it would appear to be desirable to resume the negotiation with the Department of State at that time. Instructions for this purpose will be sent to the Siamese Minister at Washington about June.¹²

7. The Siamese Minister at Washington will also be requested to keep H. E. Mr. Baker¹³ au courant of the lines along which the negotiation is to proceed.

8. Apart from the points already under negotiation, on which His Majesty’s Government will endeavour to find solutions which would prove acceptable to the United States Government, it may be mentioned from now on that in view of the promulgation and putting into force as from October 1st, 1935, of all the Codes, His Majesty’s Government will take the opportunity, in the forthcoming negotiation for the revision of treaties, to secure the termination of the right of evocation which, according to the existing Jurisdiction Protocol,¹⁴ is to continue for a period of 5 years as from the promulgation and putting into force of all the Codes.

9. His Majesty’s Government will be very grateful for any assistance that H. E. Mr. Baker will be so good as to lend them in connection with their negotiations with the United States Government.

[ Bangkok ,] 23 April, 1936.

2. Handed to Assistant Secretary of State Sayre by the American Minister to Siam, temporarily in Washington, July 2.
3. Original memorandum not received by the Department, but see telegram No. 17, November 18, 1933, 1 p.m., to the Minister in Siam, Foreign Relations, 1933, vol. iii, p. 770.
4. Proposals communicated to the Department by the Siamese Minister, October 16, 1933, ibid., p. 767.
5. Not printed.
6. Raymond B. Stevens, American adviser on foreign relations to the Siamese Government.
5. Not printed.
7. See memorandum from the Siamese Legation, February 25, 1935, Foreign Relations, 1935, vol. iii, p. 1105.
8. See memoranda by the Assistant Secretary of State, dated December 2 and December 9, 1935, ibid., pp. 1108 and 1110.
9. Signed at Washington, November 15, 1935; Department of State Executive Agreement Series No. 91, or 49 Stat. 3960. See article VIII on monopolies.
10. For Department’s draft note handed by Mr. Sayre to the Siamese Minister, December 2, 1935, see Foreign Relations, 1935, vol. iii, p. 1109.
11. For draft reply from the Siamese Government, see ibid., p. 1111.
12. Such instructions, if sent to the Siamese Minister, were not conveyed to the Department until November 5, 1936, when the Siamese Minister gave notice of the termination of the treaty. See memorandum by the Chief of the Division of Far Eastern Affairs, November 5, p. 998.
13. James M. Baker, Minister to Siam, temporarily in Washington.
14. Foreign Relations, 1921, vol. ii, p. 874.