811.24591/3

The Secretary of State to the Minister in Iran (Dreyfus)

No. 203

Sir: There are transmitted to you herewith:

(1)
the President’s full power38 authorizing you to negotiate, conclude and sign an agreement between the Government of the United States of America and the Imperial Iranian Government relating to the entry into and presence in Iran of armed forces and other agencies of the United States of America; and
(2)
a draft agreement which has been formulated with the approval of the War Department.

You are requested to take this matter up with the appropriate Iranian authorities with a view to determining whether their Government is prepared to conclude an agreement of this type.

You will note that in the final paragraph of the draft agreement it is stated: “Signed and sealed in duplicate, in the English and Iranian languages, …”. It is understood that alternat copies of the agreement would be prepared. The form is explained at large in Foreign Service Regulations, Chapter XI, section 2.

Copies of the enclosed draft agreement are being furnished for their information to the Iranian Minister and the British and Soviet Embassies at Washington and to the American Embassies at London and Kuibyshev.

In the event that the agreement is signed, you should transmit to the Department the original signed alternat for the United States of America.

Very truly yours,

Cordell Hull
[Page 459]
[Enclosure]

Draft39

Whereas, the present war has threatened the welfare of Iran and there is danger of aggression against Iranian territory by unfriendly powers; and

Whereas, on January 29, 1942 the Imperial Iranian Government concluded with the Governments of the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics a Treaty of Alliance; and

Whereas, the President of the United States of America has taken note of the said treaty; and

Whereas, the United States of America is associated with the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics in the prosecution of the war with a view to the removal of the existing dangers to the integrity, sovereignty and well-being of all peace-loving nations throughout the world; and

Whereas, both the Government of the United States of America and the Imperial Iranian Government have declared their adherence to the principles of the Joint Declaration made on August 14, 1941 by the President of the United States of America and the Prime Minister of the United Kingdom of Great Britain and Northern Ireland, known as the Atlantic Charter;40 and

Whereas, it is recognized by the Imperial Iranian Government that the success of the United States of America and its associates in the present war represents the only means whereby the objectives of the Atlantic Charter may be realized and the dangers threatening Iran removed,

The undersigned, Louis G. Dreyfus, Jr., Envoy Extraordinary and Minister Plenipotentiary of the United States of America at Tehran, [Page 460] and Mohammed Saed, Minister for Foreign Affairs of Iran, representing their respective Governments, have agreed as follows:

The Minister of Iran suggested inclusion of a specific statement pledging the respecting of Iranian integrity. This became the basis of article I.

The War Department recommended a widening of the terms of reference for describing American civilians who were in Iran for specific War Department purposes, and for defining their rights and privileges. This procedure was adopted and applied to articles II, III, IV, VI, and VII.

Article I

The United States of America undertakes to respect, in the future as in the past, the territorial integrity, sovereignty and political independence of Iran.

Article II

Units and individual members of the Armed Forces of the United States of America, the agencies which it finds necessary to employ in its operations, and the civilians employed by the United States of America or by such agencies, together with all the supplies and equipment necessary for their operations, may freely enter, operate, pass through or be maintained in Iran whenever and wherever entry, operation, passage or maintenance may be necessary to the prosecution of the war. It is understood that the presence of such forces, agencies, and employees does not constitute a military occupation and will disturb as little as possible the administration and security forces of Iran, the economic life of the country, the normal movements of the population and the application of Iranian laws and regulations.

Article III

All materials, equipment, supplies, goods, personal belongings and other like articles brought or imported by the American Armed Forces or by the agencies or employees aforesaid, whether owned by the Government of the United States of America or by such agencies or employees or destined for their use (including consignments to an American post exchange or commissary), shall be free from any tax, duty or port, customs or other charge levied by the Imperial Iranian Government or by any subordinate governmental authority. The Government of the United States of America may establish, maintain and operate postal facilities, commissary stores and post exchanges for the use of the said Armed Forces and agencies and employees.

Article IV

In any areas where units of the American Armed Forces or the agencies or employees aforesaid may be located in pursuance of the terms of this agreement, the appropriate American authorities may take all necessary measures to improve sanitation and in other ways to protect the health of the personnel. In carrying out such measures, the American authorities will receive the full collaboration of the Imperial Iranian Government and local Iranian authorities, and they may exercise all powers which the appropriate Iranian authorities [Page 461] would possess in connection with the execution and enforcement of sanitary and health regulations, including the right to enter upon private property. If the rights of private property owners are adversely affected by any action taken under the provisions of this Article, the Government of the United States of America undertakes to make just compensation to the owners in question.

Article V

The Imperial Iranian Government, upon request, will grant to the United States of America the right to use, maintain, guard and control, in part or in their entirety, any of the means of communication within Iran, including railways, roads, rivers, aerodromes, ports, pipe lines, and telephone, telegraph and radio installations, whenever such use, maintenance, protection and control may be found advantageous for the prosecution of the war.

The Imperial Iranian Government further agrees to cooperate with the American Armed Forces in the institution and operation of such measures of censorship control as may be found desirable for the means of communication which may be used, maintained, guarded or controlled by those forces.

In the application of the provisions of this article, the American Armed Forces will give full consideration to the essential needs of the Imperial Iranian Government and people.

Article VI

Any property imported into Iran for the use of the Armed Forces of the United States of America, or the agencies or employees aforesaid, may be reexported from Iran whenever such reexport may be desirable in the interest of the United States of America, and such reexport shall be free of any tax, duty or port, customs or other charge levied by the Imperial Iranian Government or by any subordinate governmental authority.

If it should be found impracticable or undesirable to remove any installations which may have been or may be constructed in Iran by or at the expense of the United States of America or its agencies, the disposition and use of such installations after the present war shall be governed by an agreement or agreements to which both the Government of the United States of America and the Imperial Iranian Government shall be parties. Such agreement or agreements will make appropriate provision for the future ownership and operation of the installation or installations and for any payments or other benefits to be received by the United States of America. The governing purpose of such agreement or agreements shall be to carry out in practice, in whatever way may then appear to be the most effective, [Page 462] the principles of the Joint Declaration of August 14, 1941, known as the Atlantic Charter, and in particular point Fourth thereof relating to the enjoyment by all States of access on equal terms to the trade and to the raw materials of the world. Such agreement or agreements shall be concluded within a reasonable time after the cessation of hostilities between the United States of America and its enemies in the present war, if not at an earlier date.

Article VII

If necessary, a separate agreement or separate agreements will be concluded to settle any subsidiary questions which may arise in consequence of the presence of American Armed Forces or civilian personnel in Iranian territory.

Article VIII

Any action under the present agreement which affects privileges granted or obligations incurred under the Treaty of Alliance between Iran, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, signed at Tehran on January 29, 1942, will be undertaken only after consultation and agreement with the appropriate Iranian, British and Soviet authorities.

Article IX

Unless previously terminated by mutual agreement, the present agreement shall remain in force until six months after the cessation of hostilities between the United States of America and its enemies in the present war, or until the conclusion of peace between them, whichever date is the earlier. However, Article VI of the present agreement shall remain in force until its terms shall have been entirely fulfilled, without regard to the foregoing provisions.

Article X

This agreement shall go into effect on the date of signature. It will be submitted immediately for the approval of the Majlis and for ratification in accordance with the requirements of the fundamental law of Iran.

Signed and sealed in duplicate, in the English and Iranian languages, this . . . . . day of . . . . . , 1943.

For the Government of the United States of America:
For the Imperial Iranian Government:
  1. Not printed.
  2. This draft was drawn up during the period January 26–March 13 as the result of a joint effort within the Department between the Division of Near Eastern Affairs, the Division of European Affairs, the Treaty Division, and the Office of the Legal Adviser; collaboration between the Department of State and the War Department; and consultation between the Department of State and the Iranian Minister (Shayesteh).
  3. Foreign Relations, 1941, vol. i, p. 367.