683.11241/35
The Chargé in Egypt (Hare) to the Secretary of State
No. 2119
Cairo, June 3,
1940.
[Received June 28.]
Sir: I have the honor to refer to the
Legation’s telegram no. 63 of May 8, 4 p.m., 1940, and the
Department’s telegraphic reply no. 34 of May 17, 7 p.m., regarding
exemption from payment of customs duty by American consular officers
in Egypt following the termination of the three-year period
specified in the third paragraph of Article 11 of the Montreux
Convention, and to enclose a copy of a note on this subject
addressed to the Egyptian Minister of Foreign Affairs on May 29,
1940.
Following the delivery of the Legation’s note I have had several
conversations with the Chief of Protocol of the Egyptian Foreign
Office regarding this matter and he has assured me that appropriate
orders will be issued without delay restoring customs franchise to
American consular officers to whom such exemption was accorded
before May 8, 1940. Thus far, however, the Legation has not been
furnished a definite reply in respect of the number limitation on
consular officers entitled to such exemption. However, this question
is somewhat academic for the moment in as much as at neither
Alexandria nor Port Said, the only American consular establishments
in Egypt outside the combined office at Cairo, does the personnel
exceed the limitation hitherto imposed.
As regards the case of Cairo, reference is made to the Legation’s
despatch no. 2118 of this date entitled “Dual Commissions for
Foreign Service Officers in Cairo”57 in which the matter of the exemption from
payment of customs duty by officers at this post was discussed.
Respectfully yours,
[Page 518]
[Enclosure]
The American Chargé (Hare) to the Egyptian Minister for Foreign
Affairs (Aly
Maher Pasha)
No. 774
Cairo, May 29,
1940.
Excellency: I have the honor to refer
to Your Excellency’s note No. 28/76/7 (16 Cir.) received by the
Legation on May 6, 1940,58 in which you referred to the draft
consular convention submitted by the American Government to the
Egyptian Government under cover of the Legation’s note of
October 21, 193959 and
transmitted for the consideration of the American Government a
printed draft consular convention prepared by the Royal Ministry
of Foreign Affairs.
In confirmation of my conversation on May 6 with His Excellency
Mohamed Sharara Pasha, Under Secretary of State for Foreign
Affairs, I may say that a copy of the draft convention prepared
by the Royal Ministry together with a copy of its note under
reference was promptly transmitted to the Department of State at
Washington. The Legation was gratified to note that it was the
opinion of the Royal Ministry that the draft conventions
prepared by our respective governments were inspired by the same
principles and that there was no fundamental conflict between
them, particularly as concerned Paragraph 3 of Article 11 of the
Montreux Convention.
In this latter connection, i. e. the matter of consular
immunities as prescribed in Paragraph 3 of Article 11 of the
Montreux Convention, it is recalled that this question was
discussed on May 6 with the Under Secretary of State for Foreign
Affairs with particular reference to the matter of customs
exemption, and that the Under Secretary stated that pending the
conclusion of a consular convention between our two countries
the Egyptian Government would be pleased to extend to American
consular officers in Egypt the same customs privileges as were
accorded Egyptian consular officers in the United States.
Sharara Pasha suggested that a written communication be
addressed to the Royal Ministry of Foreign Affairs setting forth
the customs privileges accorded Egyptian consular officers in
the United States to the end that similar privileges might be
extended American consular officers in Egypt.
This matter was referred to the State Department at Washington,
which has now authorized the Legation to state that Egyptian
consular officers of Egyptian nationality in the United States
are currently extended the privilege of free entry of duty on
articles for their personal and household use during official
residence, with the understanding
[Page 519]
that no article the importation of which
is prohibited by the laws of the United States shall be imported
by the persons in question. The State Department further
instructed the Legation to state that in as much as the American
Government does not limit the number of Egyptian diplomatic and
consular officers to whom immunities are granted in the United
States, it is assumed that the immunities which the Egyptian
Government proposes to extend to American Foreign Service
Officers in accordance with international law and usage on the
basis of reciprocity will likewise be without number
limitation.
Accept [etc.]
