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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)

Liberia,   pp. 785-857 PDF (27.0 MB)


Page 798


FOREIGN RELATIONS, 19 3 7, VOLUME II
711.822/8
    The Secretary of State to the Minister in Liberia (Walton)
No. 61                          WASHINGTON, November 15, 1937.
  Sm: The receipt is acknowledged of your unnumbered despatch of
August 14, 1937, transmitting the Liberian counter proposals for a
treaty of friendship, commerce and navigation between the United
States and Liberia.
  The Department has examined these counter proposals in a spirit
of friendly cooperation and has endeavored to accept as many of them
as possible. Its comment follows:
Article III
  This Government accepts the proposal of the Liberian Government
to insert the word "lawfully" after the word "other"
in the fourth
line of this article. The revised article would read as follows:
  "The dwellings, warehouses, manufactories, shops, and other places
of business, and all premises thereto pertaining of the nationals of each
of the High Contracting Parties in the territories of the other, law-
fully used for any purposes set forth in Article I, shall be respected.
It shall not be allowable to make a domiciliary visit to, or search of
any such buildings and premises, or there to examine and inspect
books, papers, or accounts, except under the conditions and in con-
formity with the forms prescribed in the laws, ordinances and regu-
lations for nationals of the state of residence or nationals of the nation
most-favored by it."
Article IV
  The Liberian Government inquires under what circumstances a fur-
ther prolongation would seem desirable of the three-year period which
would be allowed to nationals of one of the High Contracting Parties
to dispose of real property in the territory of the other which they
would inherit were they not barred on the ground of alienage from
inheriting such land. The Liberian Government also asks what ad-
ditional period would be regarded as a reasonable prolongation.
  To both questions it must be answered that the circumstances of the
particular case would control. It may happen that an estate is in-
volved or so encumbered by liens that the period of three years may
not be a sufficiently fair period of time in which to dispose of the
property. An acutely depressed market for the sale of real property
may in certain circumstances also be a ground for further prolonga-
tion of the period, within the discretion of the appropriate court.
Article VIII
  The Liberian Government suggest an exception to the most-favored-
nation clause providing that it does not apply to "such treaties for
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