561.35E1A/7–444

The Commercial Counsellor of the British Embassy (Jopson) to the Chief of the Commodities Division (Haley)

Dear Mr. Haley: You will remember that when you came to see me on June 17th you requested that I should ascertain the views of the British Government on the manner in which the renewal of the Sugar Agreement should be achieved. You suggested that there might be two alternatives (a) the signature of a new Protocol and (b) an exchange of notes between all the signatories and the British Government.

I have now received a telegram from the Foreign Office expressing the opinion that the signature of a new Protocol would seem to be the neater and simpler method of prolonging the Agreement. On their instructions I am enclosing a draft of such a Protocol embodying their ideas on the subject. The Foreign Office say, however, that if the State Department consider that an exchange of notes between all the signatories and the British Government would be easier from their point of view, the British Government would have no strong objections. In that case the attached draft Protocol could, with purely verbal changes, be put into the form of a note from the British Government. The only essential consideration is that, whatever form the instrument of renewal takes, the two reservations mentioned in [Page 996] my letter to you dated June 7th12 must be included and have the same status as the renewal. Provided this is assured, it would seem to be for the State Department to express their considered preference between the two methods. The Foreign Office would, however, like to agree with the State Department the wording of whatever instrument of renewal is decided upon, before it is presented to the Council.

As to the procedure, it is suggested that if the Protocol method is adopted the United Kingdom delegate to the International Sugar Council should submit the draft Protocol to the Council and ask them to pass a resolution on the strength of which each delegate would ask his Government to sign the Protocol. A similar procedure would be adopted in the case of an exchange of notes. In this event the United Kingdom delegate would present to the International Sugar Council a draft note. This note (which would be substantially the same as the Protocol) would express the willingness of the British Government to renew the Agreement, subject to the two reservations referred to and invite other Governments to do the same. The Council would then pass a resolution approving the terms of the note. The British Government would thereupon send the note to the various member countries, and each delegate to the International Council would recommend his Government to address to the British Government a note formally accepting the terms of renewal as constituting a binding agreement between that Government and all the other Governments from whom similar acceptances are received. For this purpose an identical form of reply might be agreed by the Council.

I should be glad if you would be so good as to indicate the State Department’s preference on the alternative methods of renewal outlined above and if you would also furnish me with your comments on the enclosed draft.

The Foreign Office request me to remind you that it will be necessary to set the procedure in motion very quickly if renewal of the Agreement is to be effected before the end of August. I should be grateful therefore if you could let me have your reply without delay.

Yours sincerely,

R. Keith Jopson
[Enclosure]

Draft Protocol for the Renewal of the International Sugar Agreement

Whereas an international agreement regarding the regulation of production and marketing of sugar (hereinafter referred to as “the agreement”) was signed in London on May 6th, 1937:

And whereas by a protocol signed in London on July 22nd 1942 the agreement was regarded as having come into force on September 1st, 1937 in respect of the governments signatory of the protocol. [Page 997] And whereas is was provided in the said protocol that agreement should continue in force between the said governments for a period of two years after August 31st, 1942:

Now therefore the governments signatory of the present protocol considering that it is expedient that the agreement should be prolonged for a further term as between themselves, subject, in view of the present emergency, to the conditions stated below, have agreed as follows:

Article 1

Subject to the provisions of Article 2 hereof the agreement shall continue in force between the governments signatory of this protocol for a period of one year after August 31st, 1944.

Article 2

During the period specified in Article 1 the provisions of chapters 3, 4 and 5 of agreement shall be inoperative.

Article 3

1.
The governments signatory of the present protocol recognize that revision of the agreement is necessary and should be undertaken as soon as the time appears opportune.
2.
For purposes of such revision due account shall be taken of any general principles of commodity policy embodied in any agreements which may be concluded under the auspices of the United Nations.

Article 4

Before the conclusion of the period of one year specified in Article 1 the contracting governments, if steps contemplated in Article 3 have not been taken, will discuss the question of a further renewal of the agreement.

Article 5

The present protocol shall bear this day’s date and shall remain open for signature until August 31st, 1944.

In witness whereof the undersigned being duly authorized thereto by their respective governments have signed the present protocol.

Done in London on . . day of . . . . . 1944 in a single copy which shall be deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland and of which certified copies shall be furnished to signatory governments.

  1. Letter dated June 7 not printed; for the two reservations under reference, see second sentence of telegram 4133, May 24, 8 p.m., to London, p. 992.