EXCHANGE OF NOTES The Minister of Foreign Affairs to the American Ambassador [TRANSLATION] PARIS, November 2, 1923 MR. AMBASSADOR: In a letter dated October 24th last, the Chargé d'Affaires of the United States was good enough to inform me that the Federal Government was disposed to continue negotiations with the French Government for the signature of a convention relative to the French mandate for Syria and the Lebanon. In fact an agreement was reached on July 13, 1922, on a draft convention the signature of which was deferred until such time as a peace treaty should be signed between the Allied Powers and Turkey and the mandate for Syria and the Lebanon should come into force. The signature of peace with Turkey on July 24, 1923, and the coming into force of a mandate, the terms of which were approved by the Federal Government in 1922, now permit the conclusion of the convention prepared between the United States and France. On the other hand, the Federal Government has expressed the desire to take into account, in this convention, if necessary, any agreements which may have been reached since 1922 between the French Government and other Governments regarding Syria. I have the honor to inform Your Excellency that the French Government has limited itself in this respect to giving the Italian Government the assurances which the latter has requested in regard to the interests with which it is charged. The French Government has stated that it would consider favorably the establishment between Syria, on the one hand, and the Island of Rhodes and other territories over which Italy has rights in the Eastern Mediterranean, on the other, of a system of coastwise shipping, similar to that which through proximity may grow up between Syria and Palestine. It has also confirmed, in conformity moreover with the principles of the mandate, that the advantages obtained by Italy in the settlement of peace in the Orient did not deprive her of the benefit of the economic equality ensured in Syria to all members of the League of Nations. Consequently, the following explanations have been furnished the Italian Government: "Within the limit of its powers and its obligations as a mandatory power, the French Government will apply itself to prevent any provision of the legislation of Syria and the Lebanon from aiming to impose upon aliens in Syria or the Lebanon a change of nationality, with the exception of any change resulting from marriage. The object of article XI of the mandate for Syria is not to exclude the participation of Italian enterprise in the public works and services, and works of public utility, nor in the development of the natural resources of the country when the administration does not proceed with them directly itself. In case of such participation, the French Government would be disposed to consider favorably the conclusion of an agreement with the Royal Government to regulate the conditions of Italian labor which would as a consequence be admitted into Syria. The French Government gives the Italian Government the assurance that the definitive judicial organization in Syria and the Lebanon will provide that the tribunals to which aliens will be subject will be composed of a majority of French judges, except in the case of suits of little importance, against the judgments in which, however, appeal may be brought before courts which have a majority of French judges. The French Government gives to the Italian Government the assurance that the object of article X of the mandate for Syria and the Lebanon will not be to prevent the opening of new Italian schools or to limit the right of these schools to receive pupils from other communities. The supervision of the mandate will be limited strictly to what is required by public order and good administration. It adds that there is no intention of authorizing any arbitrary intervention in the internal affairs of any faith. The French Government assures the Royal Government that Italian schools, orphanages, asylums, hospitals, and dispensaries will enjoy in Syria and the Lebanon free customs entry, with the exception of those institutions which carry on agricultural or industrial enterprises having a commercial character. Goods amounting to a sum which is to be determined, imported for the personal use of the members of such institutions, will be admitted free of customs duty. It is understood that the present advantages will only be granted in the measure that, and as long as, the conditions attached to them are strictly observed in letter and in spirit." The foregoing assurances being in conformity with the provisions of the mandate and their benefit being assured to the United States of America as to all the members of the League of Nations by article 2 of the draft Franco-American convention, and by article 11 of the mandate, I am pleased to believe, Mr. Ambassador, that the Federal Government will deem it possible to proceed shortly with the negotiations for the conclusion of a convention, the terms of which I am happy to have established with Your Excellency. Kindly accept [etc.] POINCARÉ No. 2509 The American Ambassador to the Minister of Foreign Affairs EMBASSY OF THE UNITED STATES OF AMERICA MONSIEUR LE PRESIDENT DU CONSEIL, My Government has been gratified to note from your communication of November 2nd, the desire of the French Government to proceed promptly to the conclusion of a Convention with respect to the mandate for Syria and the Lebanon, and considers that the communication which Your Excellency was good enough to address to me under date of November 2nd, and the draft Convention enclosed with your communication, furnish a satisfactory basis for such action. Note has been taken of the statement in your communication of November 2nd, that the benefits of the Agreement which your Government has reached with Italy as therein outlined would be assured to the United States of America. I assume that your Government would also be prepared to accord to the United States Government and to American nationals most favored nation treatment not only as regards the recent agreement with Italy, but with respect to any other agreements relating to Syria and the Lebanon which might be concluded by the Mandatory Power with other Governments. On this understanding, which my Government will be happy to have the French Government confirm, it will be possible to proceed to the signing of the Convention with certain modifications stated below. Previous drafts of the proposed Convention with regard to Syria and the Lebanon contain no provision for the extending to the mandate territory of Treaties of Extradition between the United States and France. Your Excellency will recall that such provision is made in the Conventions relating to Togoland and the Cameroons, and my Government considers that it would be desirable to add an article to the Convention similar to Article Six of those Conventions. Further, it is suggested for the consideration of the French Government, that it would be desirable to provide that the consular convention between the United States and France should be applicable to Syria and the Lebanon. In case the French Government is in agreement on the above-mentioned points, the following article, to be numbered Article Seven, (the present Article Seven to be Article Eight), might be inserted: "The provisions of all Extradition or Consular Treaties or Conventions which may be in force between the United States and France shall apply to the mandated territory." The French Government will undoubtedly appreciate the importance of safeguarding the position of consular officers, particularly in a territory such as Syria where capitulatory rights have long been enjoyed and my Government is confident that France, as the Mandatory Power in Syria, will take the necessary measures to effect this. It would be particularly gratifying to my Government if in addition to extending to Syria and the Lebanon the Consular Convention, the French Government would see its way to indicate its intention to assure the special immunities and privileges of Consular officers in this mandate territory. I am further instructed to inform Your Excellency that my Government is prepared to send me full powers for the prompt signature of the Convention in the form in which it was communicated with your Note of November 2nd, with the addition of the Article suggested above. With assurances of my high regard, I have the honor to be, Monsieur le President du Conseil, Your Excellency's obedient servant, By your letter of December 18th last, Your Excellency was good enough to make known the points which your Government would like to have defined in view of the conclusion of the convention relative to the Mandate of France in Syria and the Lebanon. The Federal Government would like to receive the assurance that its nationals, as well as itself, will benefit in these countries by the most favorable treatment resulting not only from the Agreement recently concluded between France and Italy, but by all other agreements or conventions which may be concluded between the French Government and other governments concerning Syria and the Lebanon. The French Goverment willingly gives this assurance to the Government of the United States of America. In the second place, the Federal Government desires that it should be agreed that the extradition treaties concluded between the United States and France should be applicable to the Syrian and Lebanon territories. I have the honor to point out to Your Excellency that Article 7 of the Mandate provides that: "while awaiting the conclusion of special extradition conven tions, the extradition treaties in force between foreign Powers and the Mandatory shall be applied in the territories of Syria and the Lebanon". On this account, the extradition treaties between the United States and France are already applicable and would only cease to be so if the Federal Government should desire to have substituted therefor a convention applying especially to the mandated countries. Lastly, the Federal Government expresses the desire that the Consular Convention in force between the United States and France may also be applicable to Syria and the Lebanon and especially those of its provisions which refer to the immunities and privileges of consuls. The French Government would very willingly introduce a clause on this subject into the draft convention to be concluded with the United States of America if, on account of the peculiar regime of the mandated countries, the insertion of this clause in a convention might not cause reactions, as regards a still undetermined number of other states, whose bearing it is difficult to foresee. Therefore, the French Government thinks it preferable to give in the present letter to the Federal Government the assurance that it will see no objection to the establishment, in any part of Syria and the Lebanon where the Federal Government might deem it useful, of consuls, vice-consuls and consular agents of the United States who will enjoy the treatment accorded by international custom. It also gives the assurance that as far as the privileges and immunities attached to their duties are concerned, the consuls and vice-consuls of the United States will benefit by all the existing provisions of the FrancoAmerican Convention of 1853, it being understood that the said consuls and vice-consuls shall be citizens of the United States. I would be much obliged if Your Excellency would be good enough to inform me if these assurances, as well as those contained in my communication of November 2, 1923, give satisfaction to the Federal Government and allow it to proceed to the signature of the draft convention drawn up on July 13, 1922, with the sole changes in wording proposed by Your Excellency and which have just been made therein. Please accept, Mr. Ambassador, the assurances of my very high consideration. R. POINCARÉ His Excellency Mr. MYRON T. HERRICK, Ambassador of the United States of America at Paris. 'Convention signed at Washington Feb. 23, 1853 (TS 92, ante, p. 834). |