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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

Italy,   pp. 435-506 PDF (27.1 MB)

Page 503

tiations relating to this treaty may be concluded in time to permit
the American Senate to give its consent to the ratification of the new
accord during the present session of Congress. Accordingly, the
Embassy would be glad to have a telegraphic reply to the points
raised, as outlined above.
  Respectfully yours,                            ALExANDER KIRK
711.6521/231: Telegram
  The Amba8sador in Italy (Phillip8) to the Secretary of State
                                       RoMp,, July 7, 1937-8 p. m.
                                    [Received July 7-6: 50 p. m.]
  319. In a further discussion today with the Foreign Office officials
concerning the draft consular convention they state that the Ministry
of Finance is not prepared to depart to any great extent from the
Italian draft of articles 3 and 4 contained in the memorandum sub-
mitted with the Embassy's despatch No. 342 of April 29. While
exemptions from direct taxes might be accorded to "regular" consular
officials to include service employees, nationals of the state by which
they are appointed, but not temporary or foreign employees, the
Ministry is unwilling to extend customs courtesies or other tax
exemptions beyond their draft formula. Although it is recognized
that existing contrary legislation could be superseded by the provi-
sions of the new treaty it is nevertheless the opinion of the Finance
Ministry that under the existing most-favored-nation clauses customs
privileges granted to American consular officials on a reciprocal basis
would have to be extended to consular officers of other states which
would be contrary to Italian practices or desiderata.
  We against [again?] explained that there would be little improve-
ment over existing treaty provisions should this position be maintained
and that the extension of mutual consular amenities was the underlying
principle of all recent American conventions and to abandon it would
constitute a recession move in American practice. Foreign Office
officials expressed considerable regret that they had been unable up to
the present to bring about any change in the position taken by the
Ministry of Finance and stated that it might be helpful in this con-
nection if they could be furnished a list of existing American treaties
in which provisions similar to those contained in our draft articles
3 and 4 appear. They offer, however, little hope of altering the views
of the Ministry of Finance and ask whether under these circum-
stances the Department would be willing to continue the examination
of the other articles.
  A telegraphic reply would be appreciated.

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