711.90G2/28: Telegram

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

5. Your No. 9, April 6, noon.

1) Redraft of Article V acceptable but Department would like certain verbal changes made in new Article V so that the Article will read as follows:

“Should measures be taken by either High Contracting Party seriously affecting the chief exports of the other Party, the Party taking such measures will give sympathetic consideration to any representations which the other Party may make in respect to such measures.”

Remainder as in your telegram No. 9.

2) Some changes have been made in the standard commercial treaty provisions in so far as they touch upon arms and munitions. The new provision which, in the case of the treaty with Iraq, should be substituted for the present paragraph (1) of Article IV, reads as follows:

“Nothing in this treaty shall be construed to prevent the adoption of measures prohibiting or restricting the exportation or importation of gold or silver, or to prevent the adoption of such measures as either Government may see fit with respect to the control of the export or sale for export of arms, ammunition or implements of war, and in exceptional circumstances, all other military supplies. It is agreed, further, that nothing in this treaty shall be construed to prevent the adoption or enforcement of measures relating to neutrality.”

3) The Department understands that the treaty you will sign will be in exact conformity with enclosure 2 of your despatch No. 909 of [Page 768]December 8, 1937, except as indicated in paragraphs 1 and 2 of this telegram. The Department also desires the following minor changes made in enclosure 2:

Insert “growth,” before the phrase “produce or manufacture” in the fourth and fifth lines of the second paragraph, and in the third and fifth lines of the third paragraph of Article I.
“established” in the ninth line of Article II should be “establishes”.
The comma after the word monopoly in the fourth line of the third paragraph of Article IV should be struck out.

4) The final texts should be prepared for signature and signed in two originals in accordance with Chapter IX of the Printed Instructions to Diplomatic Officers, March 8, 1927, especially as regards alternate explained in section 2 of that chapter.

5) Subject to rewording indicated in paragraphs 2 and 3 above, you may proceed to signature.