561.35E1A/100: Telegram

The Secretary of State to the Chargé in the United Kingdom (Johnson)

404. For American Delegates to Provisional Sugar Council. Agenda Item 2.10 The United States is constitutionally unable to make valid declaration that it “will ratify” agreement. The Senate [Page 956] Committee on Foreign Relations on August 19 submitted a report recommending favorable action on treaty with reservation, of which you have text, to be made a part of the ratification. Congress adjourned August 21 without Senate action on this report. Senate will meet January 3, 1938, unless convened in special session, and it is anticipated that it will consider report soon thereafter.

Department is instructing Embassy by mail (instruction No. 1953, September 2711) to request United Kingdom to bring suggested reservation to attention of other signatories in order that, accepting or acquiescing in the view of the United States Government, they will take no exception to the deposit at the appropriate time of the instrument of ratification by the United States with the aforesaid reservation made a part of the ratification.

This Government is willing to continue effects of Paragraph 5 of Protocol to such time as may be necessary to permit ratification by itself and other signatories. The President of the Commonwealth of the Philippines has stated that the Commonwealth will take no action inconsistent with the purposes of the agreement pending the final approval or disapproval of the agreement by the United States Senate.

When this agenda item is discussed, telegraph at earliest opportunity what form of action, if any, is suggested to prolong effectiveness of Paragraph 5 of the Protocol and to assure ultimate bringing into force of the agreement.

The Department has suggested that the President of the Philippines introduce in the national assembly session opening in October legislation implementing the Philippine commitment effective on ratification by the United States and that he suggest Philippine representative on the United States Delegation for appointment by this Government. Replies will be telegraphed you when received.

  1. Position with regard to the ratification and coming into force of the Agreement. (Article 48 of the Agreement, and article 4 of the Protocol.)
  2. Not printed.