711.822/17: Telegram

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

25. Your 42, June 22, 4 p.m.

(1)
Article I, Line 2 “travel”. This provision was designed to assure liberty of movement throughout the territories of the contracting parties and has no reference to the kind of facilities provided [Page 843] by public carriers. Since the regulation of public conveyances within the States is primarily a matter for State or local action, you will of course understand that this Government is not in position to elaborate the present text in the sense proposed.
(2)
Article IX, paragraph 2, line 11. This paragraph deals with two types of quotas: global quotas which restrict the total amount of goods which may be imported, and customs quotas which admit a specified quantity at a lower duty, after which, importation at ordinary rates of duty is unlimited. The phrase is therefore not repetitious. If it is helpful in clarifying the sense, you may insert a comma before “or permitted to be imported or sold”.
(3)
Article XIV. If Liberian authorities insist you may revise the opening phrase to read “merchant or private vessels” etc., but the Department does not consider that this changes the sense of the Article.
(4)
The Civil Aeronautics Act,55 approved June 22 [23], 1938, requires the Secretary of State to consult with the Civil Aeronautics Authority concerning the negotiation of any aeronautical agreements with foreign governments. The Authority under this Act has not yet been appointed and this Government, therefore, cannot now consider a new proposal. Since the Department of Commerce had approved the article as already agreed upon, this Government is prepared to proceed on that basis. However, if the Liberian Government declines to proceed on the basis agreed upon, you are authorized to introduce the present article by the phrase “pending the conclusion of a separate agreement relating to aviation”.
(5)
The Department would be pleased to be informed of any reasons which you may discreetly ascertain for the Liberian Government’s change in position on aviation.
(6)
The Department prefers to change the text of the treaty where absolutely necessary rather than to conclude an additional exchange of notes since the latter would also have to be submitted to the Senate of the United States for its advice and consent to ratification. Please expedite your reply to this telegram.
Hull
  1. 52 Stat. 973.