711.6521/223a
The Secretary of State to the Ambassador in Italy (Phillips)
Sir: Referring to the last paragraph on page 5 of its communication dated September 8, 1936,49 addressed to you in care of the S. S. Manhattan, the Department sends you herewith a draft of a consular convention with Italy50 which you are requested to present to the Italian Government, at such time as you may deem appropriate. The proposed convention is intended to supersede the present consular convention between the United States and Italy, signed May 8, 1878,51 [Page 497] as amended by the supplemental convention signed February 24, 1881,52 and by negotiations in 1915–191753 effecting the cancellation of the supplemental convention and Article XIII of the Convention of 1878. A copy of each of those conventions is enclosed.
The present draft is based upon the consular provisions of the treaty of friendship, commerce and consular rights with Norway, signed June 5, 1928.54 A copy of this treaty is enclosed. There has been some slight rearrangement of the articles in order to bring related articles together.
In Article I of the draft, which corresponds to Article XVI of the Norwegian treaty, there are only two changes, both minor ones, namely, the substitution of the word “government” for “governments” at the beginning of the third paragraph and the substitution of the word “convention” for “treaty” at the end of that paragraph.
In the second and third paragraphs of Article II of the draft which corresponds to Article XVII of the Norwegian treaty, the word “court” has been substituted for the words “the trial” as being technically more correct.
The first paragraph of Article III of the draft which corresponds to Article XVIII of the Norwegian treaty, does not contain the phrase “levied upon their persons or upon their property” which appears in the treaty. For your information it may be pointed out that this phrase has been interpreted by the Treasury Department as requiring the payment of excise taxes on liquor imported by foreign consular officers. In order to accord the complete exemption which is desired it is necessary to eliminate the phrase. The omission will make the draft conform to the corresponding provisions in the treaty of friendship and general relations with Spain, signed July 3, 1902.55
You will observe that a new stipulation appears in the draft of Article III. It is desired to obtain exemption from taxation on the official compensation of Treasury and Agricultural Attaches and other officers of the Government stationed abroad. Free entry privileges for such officers are included in the next Article.
At the end of the first paragraph of Article III of the draft, in speaking of the exemption of salaries, fees or wages of consular officers, the phrase “and not engaged in any profession, business or trade” is eliminated. It is felt that compensation for official services should be exempt from taxation even though the consular agent may be engaged in private business. This is in accordance with most existing consular conventions of the United States.
The third and fourth paragraphs of Article III relating to the right to acquire and own land and buildings for governmental purposes [Page 498] and exemption of such land and buildings from taxation are also contained as Article XVIII in the draft of the treaty of commerce and navigation, which was sent to you with the Department’s instruction of September 8, 1936. If these provisions be included in the treaty of commerce and navigation they should, of course, be eliminated from the consular convention before it is signed.
Article IV of the draft, which corresponds to Article XXVI of the Norwegian treaty, makes more explicit the stipulation that free entry is to be accorded to consular officers and their families at any time during the incumbency of the post. The last sentence of the first paragraph of Article XXVI of the Norwegian treaty has been entirely eliminated. It is felt that it is better to accord the right of free entry without regard to most-favored-nation treatment.
Article V of the draft is changed so as to guarantee that officers may place the arms of their state on official automobiles. The word “fly” has been substituted for “hoist” in relation to the display of the flag. In place of the second and third paragraphs of the corresponding article in the Norwegian Treaty, Article XIX, a single shortened paragraph has been substituted which is more satisfactory.
The first paragraph of Article VI of the draft is practically identical with the first paragraph of Article XX of the Norwegian treaty. Provisions have been added guaranteeing the right of consular officers to visit their countrymen who have been imprisoned or arrested.
Article VII of the draft, which corresponds to Article XXI of the Norwegian treaty, has been slightly edited so as to read more smoothly; it covers among other things the authentication of signatures.
In Article VIII, which corresponds to Article XXIII of the Norwegian treaty, the word “locality” has been substituted for “territory” in the first paragraph, and the second paragraph has been omitted as being unnecessary. The treaty with Norway is the only consular convention of the United States which contains this provision.
Article IX of the draft corresponds to Article XXIV of the Norwegian treaty. In the first paragraph the word “mandate” has been replaced by the phrase “power of attorney”.
The sole change in Article X of the draft, which corresponds to Article XXII of the Norwegian treaty, appears in the last sentence, where, in place of the clause “and rendering such assistance as may be permitted by the local laws”, there is substituted the clause “or of rendering assistance as an interpreter or agent.”
Article XI of the draft is an entirely new article designed to guarantee the right of a consular officer to visit his imprisoned countrymen.
Article XII of the draft is identical with Article XXV of the Norwegian treaty.
[Page 499]Article XIII of the draft, which corresponds to Article XXVII of the Norwegian treaty, does not contain a provision in the first paragraph permitting a person other than a consul to direct the salvage of the wreck. This stipulation was introduced into the Norwegian treaty at the request of the Norwegian Government and does not appear in other treaties of the United States.
The remaining two articles deal merely with territorial application of the convention and the customary provisions relating to ratification, termination, et cetera.
Very truly yours,
- Foreign Relations, 1936, vol. ii, p. 344.↩
- Not printed.↩
- William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776–1909 (Washington, Government Printing Office, 1910), vol. i, p. 977.↩
- Malloy, Treaties, 1776–1909, vol. i, p. 983.↩
- See Foreign Relations, 1915, pp. 3 ff., and ibid., 1917, pp. 18 ff.↩
- ibid., 1928, vol. iii, p. 646.↩
- ibid., 1903, p. 721.↩