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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 676


FOREIGN RELATIONS, 19 3 7, VOLUME II
   (The Palestine Treaty was never ratified.)
   In 1932 the Egyptian Governnent suggested that the American
formula for political crimes (Article 3) was not sufficiently inclusive
in its exemption of attempts against the person of the King. Badaoui
Pasha asked if I could say anything on this point. I replied that I
could only say that the provision regarding political crimes in our
recent treaty with Great Britain, also a constitutional monarchy,
appeared to make no exemptions whatsoever regarding attacks
against the head of the State. Badaoui Pasha said that he would be
very interested to see the British Treaty.
  In 1932 the Egyptian Government pointed out that our draft (Ar-
ticle 5) provides that there shall be no grounds for extradition if,
according to the laws of the country within the territory of which
the crime was committed, the fugitive could not be prosecuted or
punished because of lapse of time. Badaoui Pasha thought that the
statute of limitations in both the country applying for extradition
and the country applied to should be taken into consideration. I
replied that I was not in a position to make any observations on this
point.
  In 1932 the Egyptian Government had objected to the provision in
article 11 of our draft making the treaty applicable to all territory
under the control of the high contracting parties. Badaoui Pasha
stated that the question of the Sudan was still in the minds of the
Egyptians, and that the method of making treaties applicable to the
Sudan had still not been entirely established. He said that in the past
the British Government has made treaties applicable to the Sudan
and has simply notified the Egyptian Government of its action. He
said that as a result of the recent Anglo-Egyptian Treaty of AM-
ance," the former method of making treaties applicable to the Sudan
might not be sufficient. He said that he presumed that in the present
instance the American Government was primarily interested in an
extradition treaty with Egypt and that if the Egyptian Government
did not desire to enter into the question, at the present time, of the
negotiation of treaties applicable to the Sudan, it might be supposed
that the American Government would prefer a treaty applicable to
Egypt alone rather than no treaty at all. I said that I felt confident
that the American Government desired to have all parts of the world
covered by an extradition treaty, and suggested that Egypt might sign
a treaty applicable to all territory under Egyptian control, it being
naturally understood that such a treaty would run to the same extent
and degree as Egyptian sovereignty. Bedaoui Pasha said that the
question would be given most careful consideration and that he felt
" Signed at London, August 26, 1936, British Cmd. 5360, egypt No. 6
(1937):
Treaty of Alliance.
676


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