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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 634

   (8) all criminal jurisdiction over foreigners is transferred to the
Mixed Courts;
   (9) cases pending on November 1, 1937, shall remain in the court
where begun and all decrees pronounced prior to that date shall be
   (10) a suggested translation of revised article 11 is as follows: The
Mixed Courts may not entertain jurisdiction directly or indirectly
over acts of mediation. They may neither pass on the validity of the
application to foreigners of Egyptian laws or regulations nor judge
whether Egyptian legislation is incompatible with the principles
generally adopted in modern legislation or whether such legislation
establishes a discrimination against foreigners. Moreover, they may
not give decisions affecting the ownership of the public domain. But
without power to interpret an administrative act or stop its execution
they shall nevertheless be competent to recognize:
       (1) in civil and commercial matters all suits between foreigners
    and the state involving movable or immovable property; and
       (2) all actions in civil responsibility instituted by a foreigner
    against the state by reason of administrative measures taken in
    violation of the laws or regulations.
  The British appear to have agreed to the convention proposals but
not to all of the charter proposals.
  The texts and suggested translations of the two drafts are being
forwarded by air mail.
      The Secretary of State to the Minister in Egypt (Fish)
                                     WASHINGTON, March 30, 1937.
  Sni: 1. Referring to previous instructions regarding your designa-
tion as American Delegate at the Conference for the Revision of the
Capitulations in Egypt to be held at Montreux beginning April 12,
1937, I take pleasure in informing you of the general nature of this
Government's policy with respect to the proposed termination of the
capitulatory regime in Egypt.
  2. First of all I conceive it to be self-evident that the capitulatory
regime in Egypt is an institution which we must acknowledge to be
no longer in accordance with the spirit of the times nor essential for
the effective protection of legitimate American interests in Egypt.
The termination of that regime, under proper provisional safeguards,
is moreover in accordance with the fixed policy of this Government,
often repeated, of establishing its relations with foreign countries on
a basis of friendship, in accordance with the precepts of modern in-
ternational law, and without seeking to obtain for American nationals
or interests any special privileges or favors.

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