561.35E1A/7–2944
The Commercial Counsellor of the British Embassy (Jopson) to Mrs. Jean Mulliken of the Commodities Division
Dear Mrs. Mulliken: In confirmation of our telephone conversation this morning, I have received a telegram from the Foreign Office saying that they have shown to the Dutch the draft Protocol for the renewal of the International Sugar Agreement enclosed with my letter to Mr. Haley of July 4th.
The Dutch have felt some doubts about Article 2. They suggest that this Article is unnecessary, in view of the possibility of reliance on Article 51 (a) of the main Agreement. They are further apprehensive lest the Article in its present form might mean that future discussions of a possible post-war agreement would start from the existing situation, and not from the old Agreement.
The Foreign Office have pointed out that it does not seem very safe to rely on the provision of Article 51(a) since we ought not to assume that hostilities will continue throughout the period of extension. The Foreign Office have also argued that Article 3 and Article 4 of the draft Protocol clearly imply that discussions for a future agreement should start from the existing one.
After some discussion the Dutch finally informed the Foreign Office that they are content with the Protocol in its present form, subject to the following addition to Article 3:—
“Discussion of any such revision should take the existing agreement as the starting point.”
The proposed addition does not seem to the Foreign Office to alter the sense of the draft agreed between us and they trust that you will see no objection to the proposal. The Foreign Office are anxious that the council meeting should be held immediately, but they do not wish it to be summoned until there is agreement between us on what is to be put before it.
We are doubtful whether all the signatures will be received by August 31st. To meet this point the Foreign Office propose the following amendment to Article 5:—
“The present protocol shall bear the date of August 31st, 1944, and shall remain open for signature until September 30th, 1944; provided, however, that any signatures appended after August 31st, 1944, shall be deemed to have effect as from that date.
“In witness thereof, etc …”
I have today informed the Foreign Office by telegram that the State Department concurs in both these suggestions.
Yours sincerely,