Office of the Historian

974.5301/7–3051: Telegram

The Secretary of State to the Embassy in Egypt 1

secret
Washington, September 12, 1951—6 p. m.

354. Dept has been giving careful attention ur desp 205 July 302 on invocation Art VIII Suez Canal Convention, and fol comments are made in light situation resulting from SC passage Res Sep 1.

US wld wish avoid any mtg dip reps under Art VIII of 1888 convention, and any efforts by Egypt convoke such mtg. It is poss Egypt FonMin not now seriously considering such move in view recent Sov conduct in SC, although monitored news desp suggests some action might now be taken under Art VIII of convention. Emb can best determine whether any approach Egypt FonMin at this time wld be useful. Shld Emb decide discuss question with FonMin or shld FonMin himself raise matter, fol points might be used in effort dissuade Egypt from Art VIII action.

  • (1) In view circumstances surrounding negots 1888 convention and subsequent Anglo-Fr agreement 1904, doubtful whether Art VIII Canal Convention ever became operative and consequently whether it cld now be applied. Legal memo re this being air pouched.
  • (2) Canal restrictions have already been considered by SC and Egypt has been called upon remove them. Egypt’s compliance with SC res constitutes its major obligation as UN member. Therefore, any further consideration these restrictions under Canal Convention cld not alter effect SC res or Egypt’s obligations.
  • (3) Even if mtg convoked by Egypt shld take place we doubt whether Egypt wld find support from majority participants for its position.
  • (4) Involvement USSR in this question wld only serve as complicating factor and wld probably work to particular disadvantage Egypt. Recent abortive Sov action in SC is good example this assertion.
  • (5) Dept’s tentative view is Austria and Hungary, by virtue of Art 234 Treaty St. Germain and Art 217 Treaty Trianon, are legal successors to Austria-Hungary. However, in any discussion with Egypt FonMin, Dept wld prefer any Emb comment on this point be limited to expression that problem of succession to Austria-Hungary wld raise additional doubts in connection with Art VIII.
Acheson
  1. Drafted by Messrs. Stabler (NE) and Meeker (L/UNA); cleared with L/NEA, NE, and UNP; signed for the Secretary by Mr. G. L. Jones. Repeated for information to London, Tel Aviv, and New York.↩
  2. Ante, p. 806.↩