747.92/4–146: Telegram
The Acting Secretary of State to the Chargé in Australia ( Minter )
us urgent
47. 1. Report received by Dept that Aust insisting inclusion in agreement with Siam for termination state of war clause denying Siam right enter any international commodity arrangement unless Aust also given opportunity to be party.
2. Such provision (a) would so clearly be contrary Aust-Siamese exchange of letters Singapore Jan 132 outlining terms to be incorporated, (b) would be such infringement Siamese independence and sovereignty and (c) would so adversely affect interests US and other countries desiring conclude commodity agreements with Siam, that you are requested immediately secure assurance Ext Affairs that no such provision will be included in Aust-Siamese agreement. Message similar import being sent Siamese [and] Brit Govts.33
3. For your info only text proposed clause as follows:
“Article XI. With view to the more effective promotion of the interests of Australia and Siam the Government of Siam undertake pending the negotiation of the treaty referred to in Article X (1) (treaty of establishment commerce and navigation), to inform and, when so requested, to confer with the Government of Australia regarding any proposed international arrangements relating to tin, rubber, oil or other commodities and undertake not to complete such arrangements unless the Government of Australia has been given an opportunity to become a party thereto.”
4. Following background for such use as you may find desirable: US has consistently taken position that Siam, the one independent nation SEA, must not as result war in which US had major role in defeat of Jap suffer any loss economic or political independence regardless technical states of war which existed between Siam and UK, Aust, New Zealand and South Africa.
US chose to ignore Siamese declaration of war against US, believing that declaration did not represent will of Siamese people. Aust state of war purely technical. US does not consider technical state [Page 961] of war gives Aust right to impose condition affecting adversely US interests or Siamese sovereignty and independence. For many months during negotiation Brit-Siamese Agreement concluded Singapore Jan 1 US offered comments on proposed Agreement with view to clarifying or eliminating provisions which might be construed to limit Siamese independence or sovereignty. Brit Govt acquiesced in suggested changes accepting fully principle that Siamese sovereignty and independence must be respected and that no nation should secure special or exclusive privileges.
5. Dept informing London paras 1, 2 and 3 suggesting similar Brit representations.