711.90H/73
The Minister in Iran (Dreyfus) to the Secretary of
State
Afghan Series No. 7
Tehran, July 5, 1941.
[Received
December 8.]
Sir: Referring to a communication of
January 28, 1941, from the Chief of the Division of Near Eastern
Affairs, and my telegram No. 65 of June 27, 1941, concerning my
journey to Kabul and the presentation of my letters of credence to
the King of Afghanistan, I have the honor to report that, after the
termination of the protocol formalities, one of the first matters
taken up informally with the Minister for Foreign Affairs was that
of exploring the ground to ascertain whether it would be worth while
to consider entering into negotiations with the Afghan Government
with a view to concluding a more formal and more comprehensive
treaty than the Provisional Agreement of 1936.
When this subject was first broached by me to Ali Mohammad Khan, the
Foreign Minister, he appeared to be quite interested and receptive
and informed me that he would be much pleased if something could be
done along these lines. He stated that he would consult the Prime
Minister and would then let me know the decision of his Government.
On a subsequent visit several days later he informed me that he
regretted very much not to have been able to discuss the question of
the treaty with the Prime Minister as the latter had been confined
to his bed by a slight illness. On that occasion Ali Mohammad Khan
went on to say that he could not see any reason why Afghanistan
should not enter into an agreement providing for reciprocal and
unconditional most-favored-nation treatment in regard to commercial
and customs matters as his country was quite free in this respect,
not having through treaty or otherwise given any special advantages
to any particular country. Thereupon I inquired whether his
Government was disposed to give favorable reception to American
enterprise and capital and whether it was prepared to give general
assurances regarding the treatment which would be accorded to
American interests entering Afghanistan. To this he replied
emphatically in the affirmative.
No reference whatever was made in the conversation by either side to
the ineligibility of Afghans to American citizenship and the more
limited rights which may be accorded them in connection with the
tenure and disposition of real property. I doubt if the Foreign
Minister is aware of the disabilities suffered by Afghans in this
respect, although his draft of the treaty would indicate that he had
it vaguely in mind. I am of the opinion, in any event, that this
hurdle can be surmounted in the same manner as contemplated in
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the proposed treaty
between the United States and India, a copy of which was enclosed
with Mr. Murray’s communication.
The day before my departure from Kabul, the Foreign Minister informed
me that he had been able finally to go over the matter with the
Prime Minister and they had gone so far as to prepare an informal
draft of a treaty comprising a considerable range of subjects.
Unfortunately, this draft was in the Persian language and it was not
possible in the time at our disposal to examine carefully each of
the articles. However, the Minister explained that this draft had
been prepared only with the view of giving an idea of some of the
subjects his Government felt might be included in such a treaty and
he went on to say that he would be glad to receive from the American
Government a counter-draft with its proposals. Throughout the
conversation his attitude seemed to be that there should be no
difficulty in arriving at a formal agreement between the two
countries.
During my talks with the Minister for Foreign Affairs, he mentioned
only on one or two occasions that Afghanistan is desirous of having
a permanent American Minister in Kabul. The reason for his not
having stressed this is undoubtedly due to a certain sensitiveness
on this subject which I feel is developing. However, in my
conversations with the Minister of Public Works, that official
repeated several times how helpful it would be in the furtherance of
Afghan-American commercial relations to have a permanent Legation in
Kabul. In my telegram of June 27th, I ventured to recommend the
opening of a permanent Legation at Kabul. I respectfully commend to
the Department’s earnest consideration the arguments therein adduced
for this stand as well as those more fully set forth in Despatch No.
6, dated June 29, 1941, on American-Afghan relations.14
A translation of the Afghan draft of the proposed treaty is
enclosed.
Respectfully yours,
[Enclosure—Translation]
Afghan Draft of Treaty of Friendship Between
the Royal Government of Afghanistan and the Government of
the United States of America
His Majesty the King of Afghanistan and the President of the
United States of America, desiring to extend the friendly
relations between the Royal Government of Afghanistan and the
Government of the United States of America, found it necessary,
in order to attain this end, to conclude a Treaty of Friendship
in lieu of the Provisional Accord concluded on March 26, 1936,
between the Royal Government
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of Afghanistan and the Government of the
United States of America, and in order to conclude the said
treaty they designated as their Plenipotentiaries:
For His Majesty the King of Afghanistan, . . . . . . . . . . . .
. . . . . . . . . . . . . , and
For His Excellency the President of the United States of America,
. . . . . . . . . . . . . . . . . .
The above-mentioned plenipotentiaries, after communicating their
letters of credence (full powers), which they found correct and
authentic, agreed on the following articles:
Article I
There shall be a firmly established and lasting peace and sincere
friendship between His Majesty the King of Afghanistan, his
descendents and subjects on the one hand, and the United States
of America and her citizens on the other, in all their
territories and dominions.
Article II
The Diplomatic Representatives of each country in the territory
of the other shall enjoy all privileges under public
international law. The Consular representatives of each country
shall have exequaturs and may reside in the territory of the
other, and enjoy the honorary privileges granted to all
representatives by virtue of general international usage, and
they shall be treated like the Consular representatives of any
other country.
Article III
The citizens of the United States of America, her dominions and
possessions, in the Kingdom of Afghanistan, and the subjects of
His Majesty the King of Afghanistan in the United States and her
dominions and possessions, will be admitted (into the
territories of the other) in accordance with the general
principles of international law as generally known. (These
principles) shall apply to their persons, their property and
rights. They shall enjoy the protection of the laws and the
authorities of the country. As to their persons, property,
rights and interests, the treatment accorded will not be less
favorable than that accorded the nationals of any other
country.
Article IV
In commercial and customs matters the Royal Government of
Afghanistan shall receive the rights and facilities given by the
United States of America, her dominions and possessions to a
third foreign Government or to be given in the future. Similarly
the Government of the United States of America, its dominions
and possessions, in commercial and customs matters shall receive
the rights and facilities
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given by the Royal Government of
Afghanistan to a third foreign Government or to be given in the
future.
Article V
The provisions of this Treaty concerning the most favored nation
clause do not apply to the following:
- (1)
- Concessions and facilities granted by each of the High
Contracting Parties to a third Government or to be
granted in the future, on a reciprocal basis.
- (2)
- Privileges and advantages given or to be granted in
the future by each of the High Contracting Parties to a
neighboring Government to afford frontier trade
facilities.
- (3)
- Concessions granted or to be granted in the future by
one of the High Contracting Parties to a third
Government by virtue of separate treaties for the
purpose of preventing double taxation.
Article VI
The High Contracting Parties, desiring to extend trade between
Afghanistan and the United States of America, will in the future
conclude a separate commercial convention for the purpose of
regulating and extending the trade relations between the two
countries.
Article VII
This treaty will be put into effect after it goes through the
proper stages and after the exchange of ratifications. It will
be in force for a period of five years. If at the end of the
fourth year one of the parties should not communicate to the
other party its desire to terminate this treaty, this treaty
will, after the termination of the first five years, become
automatically operative for five more years.
Article VIII
From the date this treaty goes into effect the Provisional Accord
concluded on March 26, 1936, becomes invalid.
Article IX
Therefore the undersigned placed their signatures on this treaty
in two copies, in Persian and English, both languages being of
equal force.
This the (date) . . . . . . . . . . .
[Consideration of a treaty between the United States and
Afghanistan apparently was in abeyance during the war.]
