711.90G2/24: Telegram

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

2. Your No. 909, December 8, 1937.2a The Department is not disposed to accept new Article V in present form because it is unilateral and because of the short time. You should endeavor to persuade the Iraqi Government to withdraw its request for inclusion of this Article, pointing out that the proposed treaty differs from Iraq’s Declaration to the League of Nations3 in being a freely negotiated bilateral instrument rather than a unilateral declaration on the part of Iraq. In this connection you may in your discretion confirm the impression of the Legal Adviser to the Foreign Office, as mentioned in your despatch under reference, that the United States might claim a more favored position under Article 7 of the Tripartite Convention of 19304 which was signed more than 2 years before the Declaration to the League.

You should also emphasize the fact that the balance of trade between Iraq and the United States has for many years been favorable to the former and it would not appear likely that this situation would materially change during the 3 years in which the treaty is to be in force.

If the foregoing considerations should not induce the Iraqi Government to withdraw the proposed new article, which seems to have been proposed solely because of our insistence on article II, you may state that the Department would reluctantly agree to add to article II, in lieu of the proposed article V, a special provision for the termination of the article or treaty. If it should be necessary to submit this proposal the Department suggests the following language as an additional paragraph of article II:

“The Government of each High Contracting Party will give sympathetic consideration to any representations which the other Government may make in respect to the application of the provisions of this article. If agreement with respect to the question or questions involved in such representations shall not have been reached within 90 days from the date of the receipt of the said representations either Government may, notwithstanding the provisions of Article VII, terminate this article or this treaty, such termination to be effective at the expiration of 30 days from the date of the receipt of a notification [Page 765]of termination given by either Government to the other Government subsequent to the expiration of the 90-day period provided herein.”

Hull
  1. Foreign Relations, 1937, vol. ii, p. 776.
  2. May 30, 1932, League of Nations Document No. A.17.1932.VII: Request of the Kingdom of Iraq for Admission to the League of Nations, p. 3.
  3. Signed at London, January 9, 1930, by the United States, Great Britain, and Iraq, Foreign Relations, 1930, vol. iii, p. 302.