711.8221/3
The Minister in Liberia (Walton) to the Secretary of
State
No. 137
Monrovia, October 17, 1937.
[Received
October 30.]
Sir: Referring to my telegram No. 45,
October 12, 11 a.m.,23 I have the honor to transmit herewith changes
suggested by the Liberian
[Page 809]
Government in the draft Consular Convention between the United
States of America and the Republic of Liberia.
For the sake of clarity it is asked that substitutions be made on
page 2,24 article 1, paragraph
3, lines 1–11, also for the same reason on page 4, article 3,
paragraph 2, and page 6, article 4, paragraph 2. In connection with
page 6, article 4, paragraph 2, the Liberian Government wishes it
specifically understood while exemptions will be allowed consular
officers, that under no circumstances are citizens of the United
States serving as Liberian officials, such as specialists and fiscal
officers, to be accorded these privileges.
On page 10, article 6, paragraphs 1 and 2 are phrased by the Liberian
Government with a view to imposing limitations on the consul, making
it incumbent for him in his efforts to protect the rights of his
nationals, to pursue all remedies provided by law before he resorts
to intervention through diplomatic channels.
On page 20, article 14, paragraph 1, the Liberian Government is
desirous that the Convention shall remain in force for the term of 5
years instead of 10 years and refers to the treaty with Norway which
is for 3 years. It is assumed that in paragraph 2 of this article,
second line, “one year” is a typographical error and was intended to
read “10.”
Respectfully yours,
[Enclosure]
Changes Suggested by the Liberian Government
in the Draft Consular Convention
Page 2, Article I Paragraph 3, lines 1–11
should be substituted by the following—“No subordinate or
substitute Consular Officers appointed by a Superior Consular
officer by either high Contracting Parties [Party] shall exercise their functions except they be
authorized thereto by such documents as according to the laws of
their respective countries shall be requisite for the exercise
by the appointee of the Consular functions.
Page 4, Article III Paragraph 2—After the
word “exercise” on line 3 add “in its behalf” except
clarification is made of the word “official” as employed in said
paragraph.
Page 6, Article IV Paragraph 2—After the
word “exercise” on line 3 add “in its behalf” except
clarification is made of the word “official” as employed in said
paragraph.
[Page 810]
Page 10, Article VI Paragraph 1—It must be
recalled that the remedy provided by law should be pursued up to
the tribunal of last resort before interposing through
diplomatic channel.
Paragraph 2—After the word “district” and the semicolon on the
third line add “and upon notification to the appropriate
authority.”
Page 18, Article XII Not in harmony with
our Statutes relating to wrecks. See section 880 of Revised
Statutes of Liberia. It is however suggested that the following
be substituted:
Wrecks Treaty of Norway, Page 24, Art.
XXVII:25—
“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, or by some other
person authorized thereto by the law of that country.
Pending the arrival of such officer, who shall be
immediately informed of the occurrence, or the arrival
of such other person, whose authority shall be made
known to the local authorities by the consular officer,
the local authorities shall take all necessary measures
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.”
Page 20, Article XIV Paragraph 1—It is
suggested that the word “ten” on the sixth line be substituted
by the word “five.”
Paragraph 2—In lieu of the word “one” on the second line
substitute the word “five.”
