890G.42/35
The Secretary of State to the Minister Resident in Iraq (Knabenshue)
Sir: The Department has read with interest your despatch no. 1347 of August 5, 1939, reporting the pertinent provisions of a proposed new educational law which would be prejudicial to our schools in Iraq if enacted in its present form.
The Department commends your alertness and timely action in obtaining a postponement of this proposed legislation in order that consideration may be given to the views of those who would be affected by its restrictive terms.
All provisions of the Convention and Protocol of January 9, 1930, between the United States of America and Great Britain and Iraq, with the exception of Article 7, terminated on October 3, 1932, the [Page 551] date on which Iraq was admitted to the League of Nations. The basis for the protection of American interests in Iraq now rests upon most-favored-nation treatment as provided in Article 7 of the Convention above mentioned. Whether or not there appears to be any technical discrimination in the proposed law itself, upon the basis of which, if enacted, representations might be made, it may be remarked that the ambiguity of some of the provisions of the proposed law, that may depend for their interpretation and application upon administrative action, hold the possibility of discrimination in practice that might call for representations. Furthermore, the proposed law appears to be contrary to both the letter and spirit of Iraq’s Declaration of May 30, 1932, to the League of Nations, upon the basis of which Iraq was recognized as an independent nation. That declaration established a standard of treatment applicable to all nations from which Iraq cannot depart by unilateral action. The guarantees of that declaration may very properly be invoked as a basis for most-favored-nation treatment under Article 7 of our convention with Iraq in any representations you may make in behalf of American institutions in Iraq. This Government cannot, of course, admit that American interests may be treated less favorably than those of members of the League of Nations.
It is the Department’s desire that you continue to impress upon the Iraq Government its responsibilities in this respect. You may also continue to keep in touch with such of your colleagues as to you may seem advisable in this connection. You will, of course, realize the undesirability of associating yourself so closely with the redrafting of the proposed law as to appear to assume any responsibility for any of its provisions as finally enacted. It is to be hoped, however, that any new legislation will be in harmony with the spirit of Iraq’s Declaration of May 30, 1932, and that there will be no abridgment of the long established prerogatives of our educational institutions in Iraq.
The Department will await with interest your further reports on developments.
Very truly yours,