711.652/132: Telegram
The Ambassador in Italy (Phillips) to the Secretary of State
[Received December 3—8:40 a.m.]
497. Department’s No. 186, December 2, 2 p.m., article XX. From the beginning of the negotiations the Italian authorities have maintained the point of view that the matter of extension of the treaty to the Italian colonies should form the subject of a separate and subsequent agreement when their studies concerning the new colonial regime and special arrangements for the colonies have been completed. Furthermore, the Italian memorandum quoted in the Embassy’s telegram No. 425, September 23, and despatch No. 579, September 24, states that “Full extension of the treaty to the colonies is impossible”. I also understand that no other recent general Italian commercial treaty includes the colonies, even those which have been concluded with powers which have recognized Italian sovereignty over Ethiopia. In this connection it may be recalled that the Japanese negotiations [Page 479] concerning the extension of the Italo-Japanese treaty46 to Ethiopia have been in process for at least a year and I understand have not yet been concluded.46a
Although I shall make every effort to secure agreement to the Department’s suggestion concerning article XXII that “the words ‘for the United States of America’, and ‘for Italy’ be used at the end above the signatures of the plenipotentiaries” it is probable that the Italians will insist upon the formula now established by law in Italy and used as I recall in Suvich’s credentials, namely, that the Foreign Minister will sign on behalf of the King of Italy and Emperor of Ethiopia. In this eventuality have I your permission to accept the above formula?
Department’s telegram No. 187, December 2, 7 p.m. The treaty with Austria was signed last night including list B. If the Department is unwilling to accept these exemptions it will be equivalent to requiring that these preferences granted Austria on account of its special position be extended as well to the United States. The Department’s telegram No. 168, October 19, 5 p.m., stated that it was not the intention of the American Government to object to the granting of all preferences of the kind in question but it was felt that the products on which, and the countries to which such preferences should be granted should be specified and the degree of preference agreed upon and stated. These preferences are now limited in their application to one country and have been specified by the Italian Government which is granting them to Austria in connection with its general policy with respect to aid to that country just as the United States has exempted its commercial relations with Cuba from the application of the most favored nation principle.
Before discussing this point with the Italian authorities may I request reconsideration of the Department’s position as regards the second list of preferences list B.
- Treaty of Commerce and Navigation signed at Rome, November 25, 1912; for French text, see British and Foreign State Papers, vol. cvi, p. 1080.↩
- As a result of these negotiations, an Additional Agreement to the 1912 treaty was signed at Rome, December 30, 1937; for text, see British and Foreign State Papers, vol. cxli, p. 1098.↩