711.90G2/16: Telegram (part air)

The Minister Resident in Iraq ( Knabenshue ) to the Secretary of State

6. Referring to the Department’s instruction number 242, January 18, 1937, enclosing draft Treaty of Commerce and Navigation, the Iraq Government suggests the following amendments.

Article 3 paragraph 1 amended to read:

“Vessels of the United States of America will enjoy in Iraq, and Iraq vessels will enjoy in the United States of America treatment not less favorable than the treatment of the vessels of the most favored nation”.

This amendment is desired because of the definite Iraqi policy of granting only most favored nations treatment to foreigners in all respects and not privileges equal to those granted Iraqi subjects.

Article 5 redrafted to read in its entirety as follows:

“The aircraft of the United States of America shall receive in Iraq and the aircraft of Iraq shall receive in the United States of America treatment not less favorable than the aircraft of the most favored nation”.

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Article 7 to be amended as follows:

“The present treaty shall take effect in all its provisions 30 days after exchange of ratifications”.

This is intended to give interested parties sufficient time for readjustments. Second paragraph amended as follows:

“If neither High Contracting Party notifies the other at least 1 year in advance an intention of terminating the treaty upon the expiration of the aforesaid period of three years, et cetera”.

Article 8 shall provide for ratification at Baghdad, and third paragraph amended to read:

“Done in duplicate, in the English and Arabic languages which have the same value and will have equal force, et cetera”.

This amendment was inspired by similar provision in American-Turkish Treaty and is equally justifiable.

Article 2 last paragraph is, for certain legal considerations, still to be considered by the Council of Ministers but it is not anticipated that it will present difficulties.

In the circumstances and in order to save time it is respectfully suggested that full powers be sent so that treaty may be signed as soon as Department’s final approval on all points is received.