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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 499


  Article XIII of the draft, which corresponds to Article XXVII
of the Norwegian treaty, does not contain a provision in the first para-
graph permitting a person other than a consul to direct the salvage of
the wreck. This stipulation was introduced into the Norwegian treaty
at the request of the Norwegian Government and does not appear in
other treaties of the United States.
  The remaining two articles deal merely with territorial application
of the convention and the customary provisions relating to ratifica-
tion, termination, et cetera.
  Very truly yours,                     For the Secretary of State:
                                                   WILBUR J. CARR
711.6521/224: Telegram
  The Ambassador in Italy (Phillips) to the Secretary of State
                                    RoxE, January 4, 1937-6 p. m.
                                [Received January 4-1:08 p. m.]
  5. Before submitting to the Foreign Office the draft consular con-
vention transmitted with the Department's instruction of December
7th, I consulted the Consul General in Naples 57 and desire to submit
his observations.
  (1) It would seem that the second paragraph of article III literally
interpreted would grant to United States Government officials in
Italy, other than Consuls, no tax exemptions except from the payment
of income tax on their salaries alone. By its operation the career
medical officers of the Public Health Service and officials of the De-
partment of Labor stationed at Consulates would be required to pay
the apartment tax, lease tax, circulation tax and others, while Amer-
ican clerks in the Consulate would be exempted. Such discrimina-
tion against career officers of other departments seems to Du Bois un-
desirable and might be eliminated from the treaty by the omission
of the words "so far as they relate to official compensation".
  (2) Article X may also offer certain difficulties in handling Amer-
ican shipping interests in Italy. The last sentence of its first para-
graph gives consular officers jurisdiction over wage disputes and con-
troversies over terms of shipping articles on American ships in Italian
ports but admits that the jurisdiction of the captain of the port "shall
not be excluded" if local law confers authority on him to concern him-
self with wage disputes on foreign ships in his port, which it does in
this case unless other treaty provision is made. By paragraph 2 of
this article the Consul may not exercise jurisdiction in the case of an
C Coert du Bois.
499
ITALJY


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