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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 637

United States will suspend its right in this regard until such time as
the proposed Convention has come into force, upon the understanding
that a similar suspension, or a complete surrender of the right, will be
made simultaneously by all the other Capitulatory Powers. A draft
declaration in this sense is enclosed for your use (Enclosure C). In
the event the Egyptian Delegation requires this declaration to be made
in written form  you are authorized to furnish such a written
  11. [sic] It is assumed that the Egyptian Government will pro-
pose the abrogation of the Khedivial Decree of January 31, 1889,25
and the Law of November 11, 191126 conferring certain legislative
powers on the General Assembly of the Mixed Court of Appeals and
upon the so-called Legislative Assembly of that body. You ace au-
thorized to state that your Government will raise no objection to the
abrogation of these acts, insofar as the United States is concerned, to
the extent that, and at the same time as, similar abrogation is agreed
upon by the other Capitulatory Powers.
  12. In the event the question should be raised as to the termination
or suspension of other capitulatory rights, derived not from treaties
but from custom and usage, you are authorized to declare the willing-
ness of the United States Government to suspend the exercise of such
rights, pending the entrance into force of the multilateral convention,
to the extent that, and at the same time as, those rights are suspended
or terminated by the other Capitulatory Powers.
  13. From reports received from the Legation at Cairo as well as
from the Embassy at London and other sources, it appears to be the
intention of the Egyptian Government to propose the signature at
Montreux of an instrument regulating the Mixed Court regilne,
which, though it will be an annex to the proposed multilateral con-
vention, will be an integral part thereof. It is apparently the desire
of the Egyptian Government that this proposed "statute for the organ-
ization of the Mixed Courts" become effective on October 15, 1937,
whether or not the multilateral convention of which it forms an annex
has by that date been ratified and come into force. In order to ac-
complish this it is proposed that a special protocol be signed providing
that the statute for the organization of the Mixed Courts shall be
effective provisionally on October 15, 1937, pending the ratification
of the multilateral convention.
  14. It is apparent that the signature by the United States of such a
protocol would bring into force an integral portion of the multi-
latera-l convention. Such action, if taken prior to the entrance into
  25For French text, see J. A. Wathelet and R. G. Brunton, Codes Egyptiens
et Lois Usuelles en vigueur en Egypte (4th ed., 1936), p. 25.
" Law No. 17 of 1911, or article 12 of the Civil Code for the Mixed
Courts, ibid.,
p. 39.

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