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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa
(1937)

Italy,   pp. 435-506 PDF (27.1 MB)


Page 475


may propose the following language in lieu of that contained in this
Government's original proposal:
  "The United States of America and Italy, desirous of strengthening
the bond of peace which happily prevails between them, and of pro-
moting friendly intercourse between their governments and peoples,
have resolved to conclude a Treaty of Friendship, Commerce and
Navigation and for that purpose their duly authorized plenipoten-
tiaries have agreed upon and signed the following Articles :"
  Article 1. With reference to the Italian objection to the clause "the
nation hereafter to be most favored by it" appearing near the end of
paragraph 1, you may propose the phrase "the most favored nation"
in lieu thereof.
  As regards the term "local law", it is the view of this Government
that it relates to law applicable in any territory of either High Con-
tracting Party to which the treaty applies by its own terms.
  It is understood that Italy accepts the text of Article 1 as last
proposed by this Government in all other respects.
  Article 2. Italy has accepted the American draft as last proposed
by this Government.
  Article 3. The United States has accepted the changes in punctua-
tion proposed by Italy and the two Governments are in agreement in
respect of this Article.
  Article 4. Italy has accepted the English language text of the
American draft as last proposed by this Government.
  In view of the statement by the Italian Government that the word
"tprocuratori" in paragraph one of the Italian language text is
trans-
lated by the phrase "others acting for them" the United States
does
not insist upon another equivalent. You might suggest, however,
that in the treaty of 1871 the same phrase appearing in Article 22 is
translated into the Italian by the words "per mezzo d'altri che agiscano
in loro nome."
  Please report whether the Italian language draft of the last para-
graph of this Article has been adjusted so to include the word "therein"1
as a modifier of the word "interests" wherever the phrase "interests
therein" occurs throughout the paragraph.
  Article 5. Italy has accepted the American draft as last proposed
by this Government.
  Article 6. Separate instructions with respect to this Article will
be cabled within a day or two.
  Article 7. The Italian Government states "freedom cannot refer
to territories, but to the High Contracting Parties."
  This Government, on the contrary, considers that the Article deals
with rights in respect of commerce and navigation between all terri-
tories of the High Contracting Parties not specifically excepted by its
own language or by exceptions provided for elsewhere in the treaty.
475
ITALY


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