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final text be sure that this is preceded by first two sentences of first paragraph quoted in Department's no. 24 of November 1, 6 p. m.

2. Introductory statement for exchange of notes on monopolies proposed in your telegram is approved.

3. As the exchange of notes on monopolies will have to be submitted to the Senate of the United States the instrument of ratification of the United States will contain both the treaty and the exchange of notes. As the instruments of ratification of the two Governments should be strictly conformable with each other, it is desired that the Siamese instrument of ratification also contain the exchange of notes on monopolies, notwithstanding that the exchange of notes is not submitted to the Siamese Assembly.

4. Department would like to be informed on the latter point before authorizing you to sign.


711.922/111 : Telegram

The Minister in Siam (Neville) to the Secretary of State

BANGKOK, November 12, 1937—4 p. m.

[Received November 12—8:30 a. m.] 39. Department's 35, November 10, 6 p. m. The Minister of Foreign Affairs today handed me the following memorandum:

“Paragraph 1. Meaning of immovable property clause. The United States Government are correct in assuming that the wording of the immovable property clause means that the Siamese Government will automatically accord to those Americans specified therein and without differentiation among them all the rights in immovable property which may be granted to any other foreigners in Siam.

The Siamese Government note that the words ‘upon the principle of non-discriminatory treatment' have been adopted by the United States Government.

Paragraph 2. Exchange of notes in regard to monopolies. The Siamese Government understand that this exchange of notes should be ratified by Siam as well. This is accepted by the Siamese Government. It should be pointed out, however, that according to the practice adopted in this country, only the treaty and the protocol are mentioned in the royal instrument of ratification, and the ratification of an exchange of notes takes the form of governmental ratification as given in section 727 of Satow: A Guide to Diplomatic Practice, third edition.

The Siamese Government accept the draft exchange of notes regarding monopolies, submitted by the American Minister.

Paragraph 3. Exchange of notes regarding real property. The Siamese Government accept the draft submitted by the American Minister.

Paragraph 4. Final protocol paragraph 4. The Siamese Government note that the words 'without prejudice to redress, if any, according to international law' have been accepted by the United States Government”.

If this is satisfactory I shall sign the treaty tomorrow noon.


711.922/111 : Telegram

The Secretary of State to the Minister in Siam (Neville)

WASHINGTON, November 12, 1937—5 p. m. 36. Your no. 39, November 12, 4 p. m.

1. You may proceed to signature on basis of your telegram under reference.

2. This Government will accept the Siamese ratification of the notes concerning monopolies in the form cited in Satow. On its part the notes concerning monopolies will be included with the treaty in the President's ratification made by and with the advice and consent of the Senate.

3. Inform Department immediately by urgent cable upon signature.29


[For text of treaty of friendship, commerce and navigation between the United States and Siam, with final protocol and exchange of notes, and related notes, see Department of State Treaty Series No. 940, or 53 Stat. 1731.]

711.922/137 : Telegram

The Minister in Siam (Neville) to the Secretary of State

BANGKOK, November 26, 1937–5 p. m.

[Received November 26—8:45 a. m.] 42. The Minister of Foreign Affairs asked me today whether the United States would be willing to renounce, by an exchange of notes, the right of evocation secured to the United States by articles 2 and 3 of the Protocol annexed to the Treaty of 1920, on the understanding that within 12 months from the date of the notes the Siamese Government would submit to the Assembly of the People's Representatives an act on the conflict of laws embodying the normal principles of private international law, including especially the law of nationality in matters of personal status, and that pending the promulgation of

" The Department was informed in telegram No. 40, November 13, 1 p. m. (711.922/112).

such an act, the Siamese courts will continue to apply those principles in all cases concerning American citizens.

The British have already done this in an exchange of notes accompanying the new treaty, and the Foreign Minister said that the Siamese Government would greatly appreciate similar action by the United States as soon as possible before the Assembly meets on December 10. The exchange of notes would be effective immediately.


711.922/139 : Telegram

The Minister in Siam (Neville) to the Secretary of State

BANGKOK, November 29, 1937–11 a. m.

[Received November 29—2 a. m.] 43. My No. 42, November 26, 5 p. m. If there are objections to the form of the proposed exchange of notes I suggest that in place of the word "renounce”, we inform the Siamese that the United States will “refrain from exercising such rights of evocation as it may have” on the understanding set forth in my telegram under reference. Such rights of evocation as treaty powers may have will disappear finally with the ratification of the new treaties, but the Government considers it important to appear before this Assembly with complete juridical autonomy.

So far as I can see such action would amount to little more than a gesture on our part and we would not stand to lose anything by following the British example. The Foreign Office tells me that the wording suggested above would be satisfactory.


711.922/139: Telegram

The Secretary of State to the Minister in Siam (Neville)

WASHINGTON, November 30, 1937–3 p. m. 39. Your despatch No. 28 of November 13 30 and your 42 of November 26, 5 p. m., and 43 of November 29, 11 a. m.

(1) The original of treaty signed November 13 has just been received but not yet compared. The Department does not propose to make the text public for the time being and hopes that the Siamese Government will not do so, or transmit copies to other Governments, until it is made public here, or a definite understanding is reached in regard to publicity.

(2) Please send at once, by air mail, originals of note from Minister for Foreign Affairs concerning real property and note concerning intention of Siamese Government in connection with real property rights of foreigners. Also send certified copies of your two notes in reply thereto.

* Not printed; it transmitted copy of treaty, protocol, and exchange of notes.

(3) The Department, after careful consideration considers it inadvisable to terminate the protocol regarding evocation until the treaty enters into force. The treaty will shortly be sent to the President for transmission to the Senate. The Department will do all in its power to expedite the entry into force of the new treaty, thereby terminating the protocol concerning evocation.

(5) [sic] For your information, and in your discretion for oral statement to the Minister for Foreign Affairs. The protocol concerning evocation was put into force with the advice and consent of the Senate. To vary its terms or suspend its operation by exchange of notes might raise serious difficulties and possibly jeopardize the ratification of the treaty.


711.922/144 : Telegram
The Minister in Siam (Neville) to the Secretary of State

BANGKOK, December 1, 1937–4 p. m.

[Received December 1–6:46 a. m.] 45. Department’s 39, November 30, 3 p. m. The Minister of Foreign Affairs told me this afternoon that the Siamese Government would give no publicity to the treaty until the Assembly had completed consideration of it, nor give the text to any one. I gave him orally the information contained in the last paragraph of the Department's telegram and he said that he quite understood the Department's position and had no desire to raise embarrassing constitutional questions in connection with the treaty.

The notes requested in the second paragraph of Department's telegram will be forwarded on next air mail leaving here December 3d.

I shall be absent from Bangkok about a week beginning tonight visiting northern Siam.



892.6363/61 : Telegram
The Secretary of State to the Chargé in Siam (Chapman)

WASHINGTON, May 14, 1937—2 p. m. 8. On April 15 representatives of Standard-Vacuum Oil Company handed the Department what purported to be a copy of a proposed Siamese petroleum law and regulations which were reported to have had a first reading in a secret session of the Siamese Assembly. The proposed law and regulations would provide, inter alia, for (1) maintenance of reserve stocks by importers of not less than half the quantity of their yearly permitted imports; (2) fixation of petroleum prices by Siamese Government; (3) optional purchase of petroleum by Siamese Government at government-fixed prices; and (4) prior authorization by the Government for the cessation or transfer of oil import business.

In compliance with request of the company's representatives that the Department take steps toward safeguarding their business interests in Siam, the Department instructed our Embassy at London to inform the British Foreign Office that we were prepared to make an appropriate approach to the Siamese Government and that we felt that similar and concurrent action by our two Governments would be desirable. On April 20 Embassy replied that it had been informed by the British Foreign Office that the British Board of Trade had been approached in the matter by the interested British company and that the Foreign Office promised to get in touch with the Embassy later.

Under date May 11 the Embassy at London reported information received from the Foreign Office to the effect that the British Minister to Siam had on March 23, on his own initiative, made oral inquiries of the Siamese Foreign Minister and that the latter had assured the British Minister that such a petroleum law had not been presented to the Assembly or been considered by the Siamese Government.

Department is forwarding to you by the next pouch copies of memoranda and other correspondence in regard to this matter. 31

The Department desires that you discuss the situation with your British colleague. After such discussion you are authorized in your discretion to make, as on your own initiative and not as under instruction from the Department, an appropriate oral inquiry of the Siamese Foreign Office.

The Department is instructing the Embassy at London 32 to inform the British Foreign Office of the substance of the foregoing paragraph.

You should inform the Department by telegraph of your decision and action, if any, in this matter.


31 None printed. 32 Not printed.

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