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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

Iraq,   pp. 767-784 PDF (6.7 MB)

Page 774

The Secretary of State to the Mini8ter Re8ident in Iraq (Knabenhue)
No. 261                               WASHINGTON, July 19, 1937.
  SnI: The receipt is acknowledged of your telegrams No. 6 of April
14, 1 p. m., and No. 11 of June 2, 1 a. m., relating to the negotiation
of a treaty of commerce and navigation with Iraq. The Department
desires you to make another effort to obtain the agreement of the Iraq
Government to the retention of Article III of the draft enclosed with
its instruction of January 18, 1937. The policy of national treatment
of shipping was laid down in an Act of Congress of March 3, 1815.1
That policy has been in force between the United States and Great
Britain for more than one hundred years, as evidenced by Presidential
Proclamation of October 5, 1830,7 and Order-in-Council of November
5, 1830.8 Provisions for national treatment of shipping are in force
between the United States and many maritime powers (see commercial
treaty with Germany of 1923,9 Italy 1871,10 and Norway 1928).11 A
similar provision is to be found in the treaty of commerce and navi-
gation with Turkey of 1929.
  Article V of the draft under reference relating to air navigation
merely duplicated corresponding provisions of the second paragraph
of Article VII of the tripartite convention. The Department has
carefully reconsidered this matter in consultation with the Depart-
ment of Commerce and has concluded that, in view of the complex
and rapidly evolving nature of air navigation, it would be preferable
to negotiate separate agreements on the subject, such as those relating
to airworthiness certificates and pilots' licenses. Since negotiation
on such technical aspects of air navigation would involve complicated
and lengthy discussions, it is believed better to negotiate these agree-
ments as the particular need arises. In these circumstances, the omis-
sion of Article V is suggested.
  All changes suggested in Articles VII and VIII are acceptable.
  The Department regards the principle stated in the last paragraph
of Article II as an important part of the proposed treaty and, there
fore, desires that it be retained. The growth of import quotas and
restrictions on transfers of payment has been so significant in recent
years that the inclusion of provisions guaranteeing non-discriminatory
treatment with respect to such matters is regarded by this Govern-
  *3 Stat. 224.
  '4 Stat. 817.
  'British and Foreign State Papers, vol. xVII, p. 893.
  'Signed at Washington, December 8, 1923, Foreign Relations, 1923, vol.
It, p. 29.
  10Signed at Florence, February 26, 1871; William M. Malloy (ed.) Treaties,
  Conventions, etc., Between the United States of America and Other Powers,
1776-1909 (Washington, Government Printing Office, 1910), vol. i, p. 969.
  1 Signed at Washington, June 5, 1928, Foreign Relations, 1928, vol. m,
p. 646.

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