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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
(1937)

Egypt,   pp. 615-678 PDF (24.1 MB)


Page 667


struction will no doubt furnish guidance as to whether the formal
proposal should hinge upon Article 11 or whether it should be without
any reference to the convention. From what I understand Bedaoui
Pasha is the one person who -can make or mar the negotiations.
Therefore if we can approach him in the manner that he likes we
would apparently get off to a better start. Even though the Depart-
ment may hold an opinion contrary to Bedaoui's respecting Egypt's
obligation under Article 11, might we not still propose the negotia-
tion of a convention without referring formally to Article 11, and then
if later on obstacles arose which might require the citation of Article
11, could it not be invoked then?
  Yours sincerely,                                LELAND MORRIS
                            [Enclosure]
Memorandumn by the Third Secretary of Legation in Egypt (Allen)
  At my interview today with Bedaoui Pasha regarding the Extradi-
tion Treaty (file no. 200), I mentioned the subject of a consular con-
vention, and said that although the Legation had not been instructed
to institute negotiations looking to the conclusion of such a conven-
tion, I would like informally to inquire whether any other power had
broached the subject with Egypt. He said that no country had yet
approached the Government in the matter, although he supposed such
negotiations might be requested soon.
  I said that M. Garreau, one of the French delegates at Montreux,
was of the opinion that an understanding had been reached at Mon-
treux by which Egypt would institute the negotiations with the vari-
ous powers regarding consular treaties, in order to prevent Egypt's
being overwhelmed by too many negotiations at once. Bedaoui said
that he was not aware of any such understanding, and that further-
more Egypt might find that it was not interested in negotiating any
new consular treaties. He said that since Egypt is a country where
large numbers of foreigners reside and since there are relatively few
Egyptian colonies abroad, foreign consular establishments in Egypt
are in general much larger than Egyptian consular establishments
abroad. On a basis of reciprocal treatment for consular officers there-
fore, Egypt would generally lose. For this reason Egypt might not
be willing to agree even to strict reciprocity in fiscal matters regard-
ing consuls. He said that the second paragraph of Article 11 of the
Montreux Convention constituted itself the essentials of a consular
treaty, and that nothing further was absolutely needed.
  I asked whether he interpreted the third paragraph of Article 11
as obligating Egypt, at least morally, to enter into negotiations within
three years with any of the former Capitulatory Powers that might
667
EFGYPT


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