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.
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.
You will also observe that a new stipulation occurs in Articles III
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
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Public
Health Service, and representatives of the Department of Labor who
are occasionally assigned to American consulates to assist in
carrying on regular functions. The exemption which the Department
seeks for such officers would, of course, be accorded to the
corresponding officers of foreign governments.
[Enclosure]
Draft Articles of Proposed Consular
Convention22
Article I
Each of the High Contracting Parties agrees to receive from the
other, consular officers in those of its ports, places, and
cities, where it may be convenient and which are open to
consular representatives of any foreign country.
Consular officers of each of the High Contracting Parties shall,
after entering upon their duties, enjoy reciprocally in the
territories of the other all the rights, privileges, exemptions
and immunities which are enjoyed by officers of the same grade
of the most favored nation. As official agents, such officers
shall be entitled to the high consideration of all officials,
national or local, with whom they have official intercourse in
the State which receives them.
The Government of each of the High Contracting Parties shall
furnish free of charge the necessary exequatur of such consular
officers of the other as present a regular commission signed by
the chief executive of the appointing State and under its great
seal; and they shall issue to a subordinate or substitute
consular officer duly appointed by an accepted superior consular
officer with the approbation of his Government, or by any other
competent officer of that Government, such documents as
according to the laws of the respective countries shall be
requisite for the exercise by the appointee of the consular
function. On the exhibition of an exequatur, or other document
issued in lieu thereof to such subordinate, such consular
officer shall be permitted to enter upon his duties and to enjoy
the rights, privileges and immunities granted by this
Convention.
Article III
Consular officers, including employees in a consulate, nationals
of the State by which they are appointed, other than those
engaged in private occupations for gain within the State where
they exercise
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their
functions, shall be exempt from all taxes, National, State,
Provincial and Municipal, except taxes levied on account of the
possession or ownership of immovable property situated in, or
income derived from property of any kind situated or belonging
within the territories of the State within which they exercise
their functions. All consular officers and employees, nationals
of the State appointing them, shall be exempt from the payment
of taxes on the salary, fees or wages received by them in
compensation for their consular services.
The exemptions of the foregoing paragraph shall apply equally to
officials who are duly appointed by one of the High Contracting
Parties to exercise essential governmental functions in the
territory of the other High Contracting Party, provided that
such officials shall be nationals of the State appointing them
and shall not be engaged in private occupations for gain within
the country to which they are accredited. The State appointing
them shall communicate to the other State satisfactory evidence
of the appointment and shall indicate the character of the
service of the officials to whom the exemptions of this Article
are intended to apply.
The Government of each High Contracting Party shall have the
right to acquire and own land and buildings required for
diplomatic or consular premises in the territory of the other
High Contracting Party and also to erect buildings in such
territory for the purposes stated subject to local building
regulations.
Lands and buildings situated in the territory of either High
Contracting Party, of which the other High Contracting Party is
the legal or equitable owner and which are used exclusively for
governmental purposes by that owner, shall be exempt from
taxation of every kind, National, State, Provincial and
Municipal, other than assessments levied for services or local
public improvements by which the premises are benefited.
Article IV
Each of the High Contracting Parties agrees to permit the entry
free of all duty and without examination of any kind, of all
furniture, equipment and supplies intended for official use in
the consular offices of the other, and to extend to such
consular officers of the other and their families and suites as
are its nationals, the privilege of entry free of duty of their
baggage and all other personal property whether accompanying the
officer, his family or suite, to his post or imported at any
time during his incumbency thereof; provided, nevertheless, that
no article, the importation of which is prohibited by the law of
either of the High Contracting Parties, may be brought into its
territories.
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The exemptions of the foregoing paragraph shall apply equally to
officials who are duly appointed by one of the High Contracting
Parties to exercise essential governmental functions in the
territory of the other High Contracting Party, provided that
such officials shall be nationals of the state appointing them
and shall not be engaged in private occupations for gain within
the country to which they are accredited. The state appointing
them shall communicate to the other satisfactory evidence of the
appointment and shall indicate the character of the service of
the officials to whom the exemptions of this Article are
intended to apply.
It is understood, however, that this privilege shall not be
extended to officers who are engaged in any private occupation
for gain in the countries to which they are accredited, save
with respect to Governmental supplies.
Article VI
Consular officers of either High Contracting Party, nationals of
the State by which they are appointed, may, within their
respective consular districts, address the authorities
concerned, National, State, Provincial or Municipal, for the
purpose of protecting their countrymen in the enjoyment of their
rights accruing by treaty or otherwise. Complaint may be made
for the infraction of those rights. Failure upon the part of the
proper authorities to grant redress or to accord protection may
justify interposition through the diplomatic channel, and in the
absence of a diplomatic representative, a consul general or the
consular officer stationed at the capital may apply directly to
the Government of the country.
Consular officers shall have the right to interview, to
communicate with, and to advise their countrymen within their
consular district; to visit any of their countrymen who are
imprisoned or detained by authorities of the State in which they
exercise their consular functions; to assist them in proceedings
before or relations with such authorities; and to inquire into
any incidents which have occurred within the consular district
affecting the interests of their countrymen.
Nationals of either of the High Contracting Parties shall have
the right at all times to communicate with the consular officers
of their country.
Article XII
All proceedings relative to the salvage of vessels of either High
Contracting Party wrecked upon the coasts of the other shall be
directed by the consular officer of the country to which the
vessel belongs and within whose district the wreck may have
occurred. Pending the arrival of such officer, who shall be
informed immediately of the occurrence, the local authorities
shall take all necessary measures
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for the protection of persons and the
preservation of wrecked property. The local authorities shall
not otherwise interfere than for the maintenance of order, the
protection of the interests of the salvors, if these do not
belong to the crews that have been wrecked and to carry into
effect the arrangements made for the entry and exportation of
the merchandise saved. It is understood that such merchandise is
not to be subjected to any customhouse charges, unless it be
intended for consumption in the country where the wreck may have
taken place.
The intervention of the local authorities in these different
cases shall occasion no expense of any kind, except such as may
be caused by the operations of salvage and the preservation of
the goods saved, together with such as would be incurred under
similar circumstances by vessels of the nation.
Article XIV
The present Convention shall be ratified and the ratifications
thereof shall be exchanged at. . . . . . . The Convention shall
take effect in all its provisions thirty days from the day of
the exchange of ratifications and shall remain in full force for
the term of ten years thereafter.
If within six months before the expiration of the aforesaid
period of one year neither High Contracting Party notifies to
the other an intention of modifying, by change or omission, any
of the provisions of any of the Articles in this Convention or
of terminating it upon the expiration of the aforesaid period,
the Convention shall remain in full force and effect after the
aforesaid period and until six months from such a time as either
of the High Contracting Parties shall have notified to the other
an intention of modifying or terminating the Convention.
In witness whereof the respective Plenipotentiaries have signed
this Convention and have affixed their seals thereto.
Done in duplicate, at. . . . . . . this. . . . . day of . . . . .
in the year one thousand nine hundred and thirty-seven.
