383.1124/4
The Minister in Egypt (Fish) to the Secretary of State
No. 1837
Bulkeley, Alexandria,
September 23,
1939.
[Received October 19.]
Sir: I have the honor to refer to the
Department’s Instruction of January 17, 1939,39 to the American Consul at
Alexandria, Egypt, (File no. 383.1124, Jesenof, Boris), concerning
Paragraph 4 of the Declaration of the Royal Egyptian Government of
May 8, 1937, at Montreux, annexed to the Montreux Convention of that
date.40
A circular Note has now been received from the Egyptian Foreign
Office, of which the original French version and an English
translation are enclosed.
The Legation has at this time merely acknowledged the receipt with no
comment other than that it is reporting the statement to its
Government. I have the honor to inquire whether the Department
desires me to reply more fully to the Foreign Office on this
subject, and if so, in what terms.
Respectfully yours,
[Enclosure—Translation]
The Egyptian Ministry for
Foreign Affairs to the American
Legation
No. 83.122/121 (47C)
Circular Note
The Royal Ministry of Foreign Affairs presents its compliments to
the Legation of the United States of America and has the honor
to inform it that certain foreign nationals in Egypt to whom the
terms of the Montreux Convention do not apply erroneously invoke
the provisions of this Convention when they are called upon by
the competent Royal Authorities to leave the country or when
orders of expulsion are issued against them by the said
authorities.
In order to put an end to this state of affairs and furthermore
to forestall any possible misunderstanding in the interpretation
of the above-mentioned Convention, as regards the expulsion of
foreigners from Egypt, the Royal Ministry has the honor to make
the following observations for all useful purposes:—
[Page 505]
The Montreux Convention does not apply:
- (1)
- To foreigners who entered Egypt after its effective
date, nor to those who came less than five years before
its effective date.
- (2)
- To foreigners who had resided in Egypt before the
treaty was concluded, for periods which have been
successively renewed, even if these periods exceed a
total of five years.
- (3)
- To foreigners who had entered Egypt on a visa for a
limited sojourn and had neglected to obtain an extension
of stay, even in instances were they had remained,
without authorization, for more than five years.
The Convention makes exceptions for foreigners in the following
cases:
- (a)
- If the foreigner has been convicted in respect of a
crime or misdemeanor punishable by more than three
months’ imprisonment.
- (b)
- If the foreigner has been guilty of activities of a
subversive nature or to the prejudice of public order or
public tranquillity, morality or health.
- (c)
- If he is indigent and a burden upon the State.
Therefore, as the Convention is applicable only to foreigners
subject to mixed jurisdiction, the right of the Ministry of the
Interior to expel from Egypt, if it judges necessary, a
foreigner belonging to one of the above-mentioned categories may
not lie open to discussion.
The Royal Ministry of Foreign Affairs seizes this occasion to
renew to the Legation the assurances of its high
consideration.
Cairo,
September
20, 1939.
