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SPAIN

RECOGNITION BY THE UNITED STATES OF THE PROVISIONAL GOVERNMENT OF SPAIN-Continued

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Subject

1931 Apr. 18 (58)

From the Ambassador in Italy (tel.)

Apr. 18 (26)

Advice that there have been no announcements in the press relative to Italy's recognition of the new Spanish government. From the Ambassador in Spain (tel.)

Recognition of provisional government by France, Czechoslovakia, Mexico, Uruguay, and Chile. Comment that on the surface provisional government appears stable but not enough time has elapsed as yet to make a fair evaluation.

To the Ambassador in Spain (tel.)

Request for opinion and comments on certain questions relative to stability of new regime and desirability of immediate recognition.

From the Ambassador in Spain (tel.)

Page

991

992

993

993

Replies to Department's questions with recommendation for immediate recognition.

Apr. 21 (12)

To the Ambassador in Spain (tel.)

994

Instructions to deliver a note to the Foreign Minister as soon as British colleague has taken action according U. S. recognition to the Provisional Government of Spain.

Apr. 22

From the Ambassador in Spain (tel.)

995

(28)

Action taken by British colleague at 12:30; appointment with Foreign Minister at 4:30 for delivery of note authorized by Department.

Apr. 22 (30)

From the Ambassador in Spain (tel.)

995

Advice that Department's instructions in telegram No. 12,
April 21, have been carried out.

EFFORTS TO REMOVE SPANISH TARIFF DISCRIMINATIONS HANDICAPPING AMERICAN

TRADE

1931 Nov. 10 (92)

Nov. 11 (93)

Nov. 13 (94)

From the Ambassador in Spain (tel.)

Decision of Spanish Government that reduction in rates on certain commodities accorded France by the new FrancoSpanish commercial agreement (effective November 10), are not to be applied to United States. Intention to see Foreign Minister in an effort to modify the Spanish stand.

From the Ambassador in Spain (tel.)

Conversation with Foreign Minister to urge reconsideration of Spanish decision; Ambassador's request, upon seeing Spanish Government's determination to bargain, for a suspension of decision to give Department time to consider reports and possibly make proposals.

From the Ambassador in Spain (tel.)

Information that Spanish Government cannot allow the postponement requested; comment that in case Department decides that no concessions can be made, it may be ready to resort to retaliatory measures.

995

996

997

SPAIN

EFFORTS TO REMOVE SPANISH TARIFF DISCRIMINATIONS HANDICAPPING AMERICAN TRADE-Continued

Date and number

1931

Subject

Page

Nov. 13

Memorandum by the Under Secretary of State

997

Receipt of memorandum from Spanish Chargé concerning attitude of his Government toward the commercial modus vivendi with United States in relation to the new agreement with France.

Nov. 13 (95)

From the Ambassador in Spain (tel.)

998

Memorandum received from Foreign Office (text printed) outlining Spanish position as to the modus vivendi.

Nov. 14 (63)

To the Ambassador in Spain (tel.)

999

Request for opinion as to the validity of the Spanish contention that their action does not contravene the modus vivendi.

Nov. 17 (98)

From the Ambassador in Spain (tel.)

1000

Opinion that the Spanish argument is technically sound. Suggestion of line of argument which might be followed effectively by United States.

Nov. 17 (527)

From the Chargé in Spain

1001

Memorandum of Spanish "trade grievances" (text printed) received from Ministry of State.

Dec. 31 (229)

To the Ambassador in Spain

1002

U. S. memorandum (text printed) in reply to the Ministry of State's memorandum of "trade grievances."

NEGOTIATIONS BETWEEN THE UNITED STATES AND SPAIN FOR THE SETTLEMENT OF RECIPROCAL CLAIMS

1931

Apr. 13

Press Release Issued by the Department of State

Announcement of conclusion with Government of Spain of an agreement for the informal consideration by representatives of both countries of all outstanding diplomatic claims between the two Governments.

(Note: Information as to interruption in the informal discussions, and that no diplomatic action toward settlement of the claims has been taken since September 1931.)

SWEDEN

1007

REFUSAL OF THE SWEDISH STATE RAILWAYS TO PAY DEXTER and Carpenter, INC., JUDGMENT GRANTED BY A UNITED STATES COURT

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Instructions to communicate to Foreign Office U. S. Government's expectations that the claims of Dexter and Carpenter, Inc., against the Swedish Government (for losses due to its failure to pay a court judgment rendered against the Swedish State Railways in favor of the corporation) will be adjusted by the payment of the amount of the judgment with interest.

1009

SWEDEN

Refusal of tHE SWEDISH STATE RAILWAYS TO PAY DEXTer and CarpenTER, INC., JUDGMENT GRANTED BY A UNITED STATES COURT-Continued

Date and

number

1931 July 23 (305)

Sept. 16 (21)

Sept. 17 (346)

From the Minister in Sweden

Subject

Communication from the Foreign Minister, July 18 (text printed), stating that Swedish Government cannot see its way clear to inviting the Swedish State Railways to pay the court judgment.

To the Minister in Sweden (tel.)

Instructions to inform Foreign Office that Department will be greatly disappointed if some settlement is not arrived at during the visit to Sweden of Mr. Haight, of the firm of attorneys for Dexter and Carpenter.

From the Minister in Sweden

Information that Mr. Haight arrived September 15, without
an appointment with Swedish attorneys or with anyone at
Foreign Office; that he made a short visit to Legation, out-
lining the case and leaving certain data; that he left for United
States the same day.

Minister's opinion that he should have a conference with
Department (at his forthcoming visit in Washington) and with
Mr. Haight before making further representations to the
Swedish Government.

Page

1014

1016

1017

SWITZERLAND

TREATY OF Arbitration AND CONCILIATION BETWEEN THE UNITED STATES AND SWITZERLAND, SIGNED FEBRUARY 16, 1931

1930

June 21 To the Swiss Minister

Information that Department's recent draft of the proposed arbitration and conciliation treaty is believed to embody provisions which will satisfactorily meet the questions raised by the Swiss Government; that, in juridical disputes United States prefers to leave the two Governments free to a choice between arbitration and conciliation.

1019

Nov. 13

To the Swiss Minister

1020

Further U. S. agreement to verbal changes suggested by the
Swiss Government.

Dec. 8

From the Swiss Minister

1021

Transmittal of French text of draft which has been forwarded to Swiss Government for approval.

From the Swiss Minister

1021

1931 Feb. 2

Feb. 16

Feb. 24

Information of receipt from Swiss Government of full powers
for signing of treaty and of its concurrence in leaving a choice
to contracting parties in juridical disputes with the understand-
ing that in other conflicts recourse to the Conciliation Com-
mission would be obligatory.

Treaty Between the United States of America and Switzerland
Text of arbitration and conciliation treaty signed at Wash-
ington.

To the Swiss Minister

1022

1025

Concurrence in Swiss Government's interpretation of the treaty as set forth in the Swiss Minister's note of February 2.

591381-46—VOL. II- -8

SWITZERLAND

RIGHT OF CONSULS TO RECEIVE FUNDS FROM ESTATES FOR TRANSMISSION TO NON-RESIDENT NATIONALS

Date and number

Subject

Page

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To the Minister in Switzerland

Explanation that the Department interprets the mostfavored-nation clause of U. S.-Swiss convention of 1850 as reciprocal in application, and questions if Swiss law gives American consular officers an unqualified right to receive funds from estates for transmission to non-resident_nationals as provided by the U. S.-German treaty of 1923. Instructions to obtain a categorical answer from Swiss authorities as to whether the same rights granted under the U. S.-German treaty would be granted U. S. consular officers.

From the Minister in Switzerland

Information that Department's instruction No. 1239 has not been complied with pending Minister's submission for Department's consideration of certain points on the unconditional application of the clause and an excerpt from Swiss Federal Council's letter of January 5, 1852, to U. S. Special Agent (text printed).

From the Minister in Switzerland

Invitation of Department's attention to a pertinent passage from Samuel B. Crandall's Treaties-Their Making and Enforcement.

To the Minister in Switzerland

Citation of incidents showing Department's long-established policy of applying the clause in matters of consular rights upon reciprocity. Instructions to inform Swiss authorities of views expressed in Department's instruction No. 1239 and if Swiss assurance of reciprocity is forthcoming the Department will not insist on a definite agreement as to a general interpretation of the most-favored-nation clause.

From the Chargé in Switzerland

Compliance with Department's instruction No. 1398 and
receipt of Federal Political Department's reply indicating that
Swiss law does not prevent consular activities as provided in
U. S.-German treaty of 1923.

1026

1028

1030

1031

1036

TURKEY

TREATY OF ESTABLISHMENT AND SOJOURN BETWEEN THE UNITED STATES AND TURKEY, SIGNED OCTOBER 28, 1931

1931 May 12 (1268)

From the Ambassador in Turkey

Discussion with the Foreign Minister of a statement proposed at the time of the interruption of the negotiations and to be made in the form of a letter from the U. S. Ambassador and initialed at the time of the signature of the treaty of residence and establishment; information that Foreign Minister will suggest minor changes on his return from Geneva.

1037

TURKEY

TREATY OF ESTABLISHMENT AND SOJOURN BETWEEN THE UNITED STATES AND TURKEY, SIGNED October 28, 1931-Continued

Date and

number

Subject

Page

1931 July 10 (24)

July 27 (28)

Aug. 28 (34)

Oct. 28 (9)

From the Ambassador in Turkey (tel.)

Transmittal of the letter with modifications proposed by the Foreign Minister (text printed); information regarding means proposed by the Foreign Minister for giving immediate effect in the form of a modus vivendi to the treaty provisions pending ratification. Inquiry if Department would authorize signature of the treaty within 6 or 8 weeks.

To the Ambassador in Turkey (tel.)

Advice that Department is prepared to accept Turkish proposals concerning text of the letter but desires that signature be put off until mid-October or late September at earliest; impossibility of concluding modus vivendi in view of necessity of Senate's ratification before putting the treaty into force.

From the Ambassador in Turkey (tel.)

1038

1040

1041

Information that the treaty, with the preamble preferred by the Department, was initialed August 27.

From the Ambassador in Turkey (tel.)

1041

Notification of treaty's signature with no alterations and no procès-verbal.

Oct. 28

Treaty Between the United States of America and the Turkish
Republic

1042

Text signed at Ankara.

Oct. 30 (1362)

From the Ambassador in Turkey

1043

Transmittal of letter to the Minister of Foreign Affairs, as approved by the Department, and of the Minister's acknowledgment (texts printed).

UNION OF SOUTH AFRICA

ARRANGEMENT Between tHE UNITED STATES and the UNION OF SOUTH AFRICA REGARDING RECIPROCAL RECOGNITION OF CERTIFICATES OF AIRWORTHINESS FOR IMPORTED AIRCRAFT, EFFECTED BY EXCHANGE OF NOTES, SIGNED October 12 AND DECEMBER 1, 1931

1931 Oct. 12 (68)

Dec. 1 (P. M. 66/80)

From the American Minister in the Union of South Africa to the
Minister for External Affairs of the Union of South Africa
Transmittal of the arrangement (text printed) agreed to in
the negotiations between the United States and the Union of
South Africa providing for reciprocal acceptance of certificates
of airworthiness for aircraft; information that upon receipt of
note confirming understanding of the arrangement as set forth,
it will be considered in effect.

From the Minister of External Affairs of the Union of South
Africa to the American Minister in the Union of South
Africa

Confirmation of understanding of the arrangement.

1045

1046

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