The Secretary of State to the Minister in Liberia (Walton)

No. 56

Sir: With reference to the Department’s instruction no. 43 of June 22, 1937, transmitting a draft treaty of friendship, commerce and navigation between the United States and Liberia, your attention is again invited to Article XIX which contains the statement that the article regarding the development of mineral resources would be supplied later.

The Department requests you to propose the following article on mineral resources to be included in the treaty now in course of negotiation:

“The nationals, including corporations and associations, of either High Contracting Party shall enjoy in the territories of the other Party, upon compliance with the conditions there imposed, most favored nation treatment in respect of the exploration for and exploitation of mineral resources; provided that neither Party shall be required to grant rights and privileges in respect of the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain, or in respect of the ownership of stock in domestic corporations engaged in such operations, greater than its nationals, corporations and associations receive from the other Party.

“It is understood, however, that neither High Contracting Party shall be required by anything in this paragraph to grant any application for any such right or privilege if at the time such application is presented the granting of all similar applications shall have been suspended or discontinued.”

Very truly yours,

For the Secretary of State:
Francis B. Sayre