711.8321/11a
The Secretary of State to the Minister in Egypt ( Fish )
Sir: You will recall that Article XI of the Convention Regarding the Abolition of the Capitulations in Egypt signed May 8, 1937,49 looks forward to the eventual negotiation of a consular convention between the United States and Egypt. While existing immunities in respect of consular premises, taxes and duties are guaranteed by the final paragraph of that article during a period of three years as from May 8, 1937, it seems appropriate to give consideration now to the draft of such a convention.
The Department has not definitely decided whether to propose negotiations in the near future or to await the outcome of negotiations for consular conventions between Egypt and Great Britain, France, Italy, Greece and Belgium. The Department invites your comment on this point.
You are requested to ascertain discreetly the intentions of the most interested powers in connection with the negotiation of consular conventions with Egypt. Four copies of a draft consular convention50 are herewith enclosed. It is believed that you will wish to submit one copy each to the Consulates at Cairo, Alexandria and Port Said for study and comment. The draft is identical with drafts recently proposed by the United States to several other countries and is based upon the consular provisions of the Treaty of Friendship, Commerce and Consular Rights between the United States and Norway, signed June 5, 1928 (Treaty Series No. 852).51 Four copies of this treaty are enclosed.
The differences between the enclosed draft and the treaty with Norway are largely the result of rearrangement and editing, but two variations from the treaty with Norway are especially worthy of note.
[Page 666]Article III of the draft treaty, which corresponds to Article XVIII of the treaty with Norway, does not contain the phrase “levied upon their person or upon their property” which appears in the Norwegian treaty. Since this phrase has been interpreted by the Treasury Department so as to prevent the exemption from the payment of taxes including excise taxes on liquor imported by foreign consular officers, it is necessary to avoid its use in order to accord the full exemption which is desired.
Article III of the draft treaty, which corresponds to Article XVIII and IV of the draft. This is to give effect to the Department’s desire to obtain exemption from taxation and free entry privileges for such officers of this Government as medical officers of the United States Public Health Service, and representatives of the Department of Labor who are occasionally assigned to American consulates to assist in carrying on regular consular functions. The exemption which the Department seeks for such officers would, of course, be accorded to the corresponding officers of foreign governments.
Very truly yours,
- See pp. 615 ff.; for text of convention signed at Montreux, see Department of State Treaty Series No. 939, or 53 Stat. 1645.↩
- Not printed.↩
- Foreign Relations, 1928, Vol. iii, p. 646.↩