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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

Egypt,   pp. 615-678 PDF (24.1 MB)

Page 619

X'83.003/156: Telegram
       The Minister in Egypt (Fish) to the Secretary of State
                                   CAIRO, February 3, 1937-1 p. m.
                                           [Received 1: 40 p. m.]
  14. My telegram No. 13, February 3, noon. Following is the full
text in translation of the note 7 received from the Egyptian Foreign
Office this morning regarding the proposals to be submitted by the
Egyptian delegates at the Montreux Conference:
  "Mr. Minister: In continuation of my circular letter of January 16,
1937, No. 2 cir.,8 I have the honor to inform you of the essential prin-
ciples which should form the basis of the transitional regime of which
the Egyptian Government is willing to admit the establishment.
  1. Civil and commercial suits between foreigners of the same na-
tionality which now fall within the competency of the Consular Courts
shall be referred to the Mixed Courts.
  2. The jurisdiction which is exercised over penal matters by the
Consular Courts shall be transferred in full to the Mixed Courts. In
view of the transfer, the Egyptian Government will promulgate a
new penal code and a code of criminal procedure, the text of which
will be made known to the Powers.
  3. The questions of personal status over which the Consular Courts
now have jurisdiction shall be transferred to the Mixed Courts,
which shall apply, in such questions, the principle of the laws of per-
sonality (national law).
  4. The increase of personnel which may be necessary to meet this
extension of competency shall be envisaged.
  5. For the purpose of the future jurisdiction of the Mixed Courts,
it shall be understood that the word 'foreigner' in the regulations of
judicial organization shall have the same meaning in penal matters as
in civil, commercial or personal status matters. It shall include the
nationals of the 12 present Capitulatory Powers as well as those of I he
following 8 countries: Germany, Austria, Hungary (former Capitula-
tory Powers), Switzerland (whose nationals have always enjoyed
capitulations), Poland, Czechoslovakia, Rumania, Yugoslavia (states
of which the territory or a portion of territory formed part of a coun-
try which was formerly a Capitulatory Power). In the opinion of
the Egyptian Government, the term 'nationals' should only be tinder-
stood to mean, for the purposes of the convention to be established,
nationals who possess the status of citizen but not the nationals who
have only the status of protlg6 or subject (subditi).
  6. It shall be specified that the competency of the Mixed Courts
shall henceforth be determined in civil, commercial and personal
status matters solely by the nationality of the parties actually con-
cerned without regard to the mixed interests which might be in-
directly involved.
  7. The establishment of a foreign identity, the transfer of a right
to a foreigner or the implication of a foreigner shall not give compe-
tency to the Mixed Courts when such establishment, transfer, or
  'Dated February 3.
  'See telegram No. 5, January 17, 10 a. m., from the Minister in Egypt,
p. 615.

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