740.0011 EW (Peace)/3–349: Telegram
The Secretary of State to the Embassy in the United Kingdom
priority
730. In aide-mémoire Mar 31 which states similar communications sent UK and USSR but apparently not yet delivered latter French request concert three Chiefs Mission under Art 37 Rum treaty prior Mar 15 to “invite Rum Govt modify passive attitude adopted by it to date and execute provisions Treaty” re French rights under Arts 23, 24 and 32.
Though Fr rights as a United Nation under Arts 23, 24 and 32 clear, Fr apparently was not at war with Rumania and does not qualify as Allied or Associated Power (Preamble and Art 39). Legal Advisers therefore have misgivings that Art 37, whereby Heads of Mission may represent Allied and Associated Powers, may properly be invoked France’s behalf.
Request Emb discuss FonOff with view UK, if it concurs this position, joining us in informing Fr informally this sense and soliciting further Fr comments. At same time we cld point out to Fr that, though [Page 233] Art 37 seems inapplicable, Art 38 might constitute appropriate avenue their consideration.2
Dept instructing Emb Moscow, inform Fr Amb sense foregoing.3 Latter has indicated to Emb he is anxious know views Brit and Amer Govts before approaching Sov Govt.
Sent London, rptd Paris, and Bucharest.
- Not printed.↩
- Telegram 695, March 10, from London, not printed, reported that the British Foreign Office had been informed by the French Embassy in London that the French Government had decided not to press their request for action under the Romanian peace treaty pending agreement between the United States and the United Kingdom as to what action should be taken (740.0011 EW (Peace)/3–1049). Telegram 811, March 14, to Paris, not printed, repeated to London as 853 and to Moscow as 155, stated that the Department of State had informed the French Embassy in Washington of the Department’s position along the lines set forth in the message printed here and expressed a willingness to consider any further French proposals (740.0011 EW (Peace)/3–1449).↩
- Telegram 128, March 4, to Moscow, not printed, was similar to the message printed here and added the instruction to the Embassy to suggest to the French Ambassador in Moscow to postpone his approach to the Soviet Government (740.0011 EW (Peace)/3–349).↩