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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 629

    of the Mixed Courts of Egypt, or directed against the execution
    of the Courts' functions. The three excepted classes of cases are
    within the jurisdiction of the Mixed Courts.
      (b) All civil cases in which all parties are American nationals.
      (c) All suits against American nationals involving questions
    of their personal status, including marriage, divorce, decedents'
    estates, guardianship, et cetera.
  2. Inviolability of domicile. Prohibition against search of houses
of American nationals without first notifying the American Consul
and giving him opportunity to be present during the search.
  3. Exemption of American nationals from all direct taxes without
the consent of the Government of the United States.
  4. Right of the Government of the United States to request recon-
sideration of any Egyptian law which has been approved by the legis-
lative Assembly of the Mixed Court of Appeals as applicable to
capitulatory nationals.
  The first two rights listed above, namely, the judicial capitulations
and the inviolability of domicile were derived originally from the
Treaty of Commerce and Navigation concluded on May 7, 1830,15 be-
tween the United States and the former Ottoman Empire, of which
Egypt was then a part. The right of inviolability of domicile was
reaffirmed in a protocol between the United States and Turkey signed
on August 11, 1874.16 While the Treaty of 1830 is no longer in force
between the United States and Turkey, that treaty and the protocol
of 1874 are still in effect between the United States and Egypt, at
least so far as concerns the capitulatory rights in question, and it
would seem therefore that the termination of those rights on the part
of the United States should be effected by a formal treaty, with the
advice and consent of the Senate, or by an act of Congress approved
by the President. The third and fourth rights listed above, however,
are not based on treaty and their relinquishment by this Government
would appear to be within the discretion of the President.
  From information which the Department has obtained informally
from the Egyptian and British Governments, it seems probable that
an effort will be made at the Conference to conclude (1) a convention
providing specifically for the termination of the capitulatory regime
and the transfer to the Mixed Courts of Egypt of all jurisdiction now
exercised by the consular courts, with such guarantees or safeguards
for the protection of former capitulatory nationals as may be agreed
upon; (2) an annex to the convention, but forming an -integral part
thereof, revising the regulations of the Mixed Courts to provide for
their enlarged jurisdiction and their eventual transition to the status
of native courts of Egypt, and (3) a separate protocol to provide that
15William M. Malloy (ed.), Treaties, Conventions, etc., Between the United
States of America and Other Powers, 1776-1909 (Washington, Government Print-
ing Office, 1910), vol. ii, p. 1318.
16 Foreign Relations, 1874, p. xXXiI.

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