PROPOSED SUPPLEMENTARY CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN REGARDING TENURE AND DISPOSITION OF REAL AND PERSONAL PROPERTY 7a 811.5241/186 The Chargé in Great Britain (Atherton) to the Secretary of State No. 828 LONDON, April 25, 1933. [Received May 3.] SIR: I have the honor to enclose a copy of a Foreign Office note, dated April 24, 1933, (No. A1175/1175/45), transmitting the draft of a supplementary convention to regulate the application to British colonies, protectorates and mandated territories and to insular possessions of the United States, of the Convention between the United States and Great Britain, signed at Washington on March 2, 1899,8 relative to the disposal of real and personal property in the respective countries. As reported in the Embassy's despatch No. 1752 of March 13, 1931, the pertinent portions of the Department's instruction No. 694 of March 3, 1931,9a were officially communicated to the Foreign Office.10 The Foreign Office subsequently inquired whether the Department contemplated that the signature of the supplementary convention should take place at Washington, but it apparently overlooked the reply which was made by the Embassy, that the Department would prefer to have the convention signed at Washington (See Department's telegram No. 156, June 8, 1931 11); and consequently the expected instructions were not sent to the British Ambassador at Washington. Attention is invited to the proposal of the present note that the supplementary convention shall be signed at Washington, since the original convention was signed there. Respectfully yours, RAY ATHERTON [Enclosure] The British Secretary of State for Foreign Affairs (Simon) to the American Chargé (Atherton) No. A 1175/1175/45 LONDON, 24 April, 1933. SIR: I have the honour to invite reference to a note No. 1100 which General Dawes 12 was so good as to address to Mr. Henderson TaContinued from Foreign Relations, 1930, vol. ш, pp. 134-141. 18 on the William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776-1909 (Washington, Government Printing Office, 1910), vol. 1, p. 774. Foreign Relations, 1930, vol. I, p. 139. Ibid., p. 138. 10 Note No. 1100, March 13, 1931, ibid., p. 140. 11 Not printed. 13 Charles G. Dawes, Ambassador to Great Britain. 13 Arthur Henderson, British Secretary of State for Foreign Affairs. 13th March, 1931, regarding the Convention between the United States and the United Kingdom signed at Washington on the 2nd March, 1899, relative to the disposal of real and personal property in the respective countries. 2. I now transmit to you herewith the draft of a supplementary convention to regulate the application of the original convention to British Colonies, protectorates and mandated territories, and to United States overseas territories, and I shall be grateful to learn in due course whether this draft is acceptable to the United States Government. It is proposed that the supplementary convention shall be signed at Washington, since the original convention was signed there. I have [etc.] (For the Secretary of State) R. L. CRAIGIE [Subenclosure] Draft of Proposed Convention to Extend the Application of the Convention Between the United States and the United Kingdom Signed at Washington on March 2, 1899, Relative to the Disposal of Real and Personal Property His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, and the President of the United States of America, being desirous of amending Article IV of the Convention concerning the tenure and disposition of real and personal property signed at Washington on the 2nd March, 1899, have agreed to conclude a supplementary Convention for that purpose and have appointed as their Plenipotentiaries: His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, For Great Britain and Northern Ireland: The President of the United States of America: who having communicated their full powers, found in due form, have agreed as follows: ARTICLE I As from the date of the entry into force of the present Convention, the following provisions shall be substituted for Article IV and the second paragraph of Article VI of the Convention concerning the tenure and disposition of real and personal property signed at Washington on the 2nd March, 1899: "Article IV. "1. The present convention shall not be applicable to any colony or protectorate of His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, nor to any Mandated territory in respect of which the Mandate is exercised by His Government in the United Kingdom of Great Britain and Northern Ireland unless a notice to that effect has been given at any time while the present convention is in force to the Government of the United States of America by His Majesty's Representative at Washington. The convention shall apply to any territory in respect of which such notice has been given as from the date of such notice. "2. The present convention shall not be applicable to any overseas territory under the authority of the United States of America unless a notice to that effect has been given at any time while the present convention is in force to His Majesty's Government in the United Kingdom by the Representative of the United States in London. The convention shall apply to any territory in respect of which such notice has been given as from the date of such notice. "3. Either High Contracting Party may by a notification through the diplomatic channel terminate the application of the convention to any territory to which it is applicable or has become applicable under either of the preceding paragraphs of this article, and the convention shall cease to apply to any territory in respect of which such notification is made 12 months after the date of the receipt of the notification. "4. The expression 'subjects or citizens' of one or the other High Contracting Party in the present convention shall be deemed to mean (a) in relation to His Majesty the King, all subjects of His Majesty and all persons under His Majesty's protection belonging to territories to which the convention applies, (b) in relation to the United States of America all citizens of the United States and all persons enjoying the protection of the United States belonging to territories under the authority of the United States to which the convention applies." ARTICLE II The present convention shall be ratified by His Majesty the King and by the President of the United States of America by and with the advice and consent of the Senate thereof. The ratifications shall be exchanged at Washington and the present convention shall take effect as from the date of the exchange of ratifications. In witness whereof the above mentioned Plenipotentiaries have signed this Convention and have hereunto affixed their seals. Done in duplicate at Washington, the . . . . day of 811.5241/186: Telegram The Secretary of State to the Ambassador in Great Britain (Bingham) WASHINGTON, May 24, 1933-5 p. m. 123. Your despatch 828 April 25. Department has no objection to draft convention but makes following suggestions: (1) That scope of convention might be extended to cover any mandated territory under His Majesty's control without limiting it to mandates exercised by His Majesty's Government in the United Kingdom. (2) Preamble refers to desirability "of amending Article IV" whereas Article I provides "the following provision shall be substituted for Article IV and the second paragraph of Article VI." It is suggested that reference should be made in preamble to second paragraph of Article VI. Will full powers be sent British Ambassador? HULL 811.5241/187 The Ambassador in Great Britain (Bingham) to the Acting No. 88 Secretary of State LONDON, July 6, 1933. [Received July 19.] SIR: I have the honor to inform the Department that in compliance with the instructions contained in the Department's telegram No. 123 of May 24, 5 p. m., I addressed a note to the Foreign Office on May 25 transmitting the suggested revisions in the draft convention to extend the application of the Convention between the United States and the United Kingdom, signed at Washington on March 2, 1899, relative to the disposal of real and personal property in the respective countries, to British colonies, protectorates, mandated territories and to territories under the authority of the United States. I now have the honor to enclose a copy of Foreign Office Note No. 4877/1175/45, of July 5, 1933. It will be observed that in paragraph 2 of the note the Foreign Office expresses the view that paragraph 1 of the new Article IV of the Draft Convention (see Embassy's despatch No. 828 of April 25, 1933) "provides for the application of the Convention to any mandated territory in respect of which the mandate is exercised by His Majesty's Government in the United Kingdom." The second suggestion contained in the Department's telegram abovementioned has, however, been accepted. The Foreign Office having expressed its willingness to have the British Ambassador at Washington proceed with the signature of the Convention in Washington, I should be grateful if the Department would inform me whether the text as it now stands of the supplementary con vention is acceptable. Respectfully yours, For the Ambassador: [Enclosure] The British Secretary of State for Foreign Affairs (Simon) to the American Ambassador (Bingham) No. A 4877/1175/45 LONDON, 5 July, 1933. YOUR EXCELLENCY: I have the honor to invite reference to the note No. 8 which Your Excellency was so good as to address to me on the 25th May last, regarding a proposed supplementary convention to regulate the application of the Convention between the United States and the United Kingdom signed at Washington on the 2nd March, 1899, relative to the disposal of real and personal property in the respective countries, to British colonies, protectorates and mandated territories and to insular possessions of the United States. 2. With reference to suggestion No. 1 in your note, I desire to invite your attention to paragraph 1 of the proposed new article 4 on page 2 of the draft supplementary convention transmitted in my note No. A. 1175/1175/45 of the 24th April last. This paragraph in fact provides for the application of the convention to any mandated territory in respect of which the mandate is exercised by His Majesty's Government in the United Kingdom. Moreover the phrase "persons under His Majesty's protection" in paragraph 4 of article 4 of the draft supplementary convention includes persons belonging to the mandated territories to which the convention applies. 3. I agree that the preamble should be amended in the sense of point No. 2 of your note under reply by the insertion between "of amending Article 4" and "of the Convention" of the words "and the second paragraph of Article 6". 4. If you are able to inform me in due course that, subject to the above observations, the text of the supplementary convention is acceptable to the United States Government, I am prepared to authorize His Majesty's Ambassador at Washington to sign it on behalf of His Majesty's Government in the United Kingdom. I have [etc.] (For the Secretary of State) R. L. CRAIGIE |