875.927/2 The Chargé in Albania (Swift) to the Secretary of State No. 152 TIRANA, September 9, 1923. SIR: I have the honor to inform the Department that a concession for making archeological excavations in Albania was signed on August 28, 1923, by R. Mitrovica, Minister of Public Instruction, for the Albanian Government, and by Monsieur J. Beguin Billecocq, the French Chargé d'Affaires, for the French Government. The concession must, however, be ratified by the Albanian Parliament. before it becomes effective.25 The contract has been read in Parliament and is now being examined by a special committee formed for the purpose. There has been a certain amount of opposition to the ratification of the contract although Mr. Hunger, the Financial Adviser, has advocated its acceptance by the Government. Members of the opposition have proposed that Dr. Patch, the Director of the Government Museum, submit his views as to the advisability of the ratification of the contract. According to the terms of the concession, the French Government is to have the exclusive privilege of making archeological explorations over the greater part of the Prefecture of Scutari, approximately half of the Prefecture of Durazzo, and about one-fourth of the Prefecture of Berat. All expenses in connection with the explorations are to be borne by the French Government. Albanian scientists are to be permitted to aid in supervising the work of exploration. Any articles of gold or silver that may be found shall become the property of the Albanian Government, although the French Government is to have the exclusive right to purchase articles which may be found at prices to be fixed by the Albanian Government, should the latter decide to part with them. The French Government is to be permitted to acquire duplicate articles of precious metal, sculpture, statues and inscriptions which may be discovered. The French Government, according to the contract, is not to be permitted to lease to any other government the concession for making archeological explorations, or to become associated with any other government in carrying out the terms of the contract. The concession is to run for a period of thirty years and may be renewed by mutual agreement. I have [etc.] W. MERRITT SWIFT "The concession was ratified, with slight modifications, Sept. 22, 1923. GERMANY TREATY BETWEEN THE UNITED STATES AND GERMANY, SIGNED DECEMBER 8, 1923, REGARDING FRIENDSHIP, COMMERCE, AND CONSULAR RIGHTS 711.622/21a The Secretary of State to the German Ambassador (Wiedfeldt) WASHINGTON, July 25, 1923. EXCELLENCY: Following conversations recently had with Your Excellency, I have the honor to inform you that this Government is cordially disposed to enter into negotiations with the German Government for the conclusion of a treaty of amity, commerce and consular rights. As appropriate to that end there is submitted to you herewith the draft of a proposed treaty of which the text is selfexplanatory.1 You will observe from the preamble that the document embodies a treaty of friendship as well as of commerce and of consular rights. It is designed to promote the friendly intercourse between the peoples of the United States and Germany. Through the text submitted it is sought to lay the foundation for a comprehensive arrangement responsive to the modern and exacting requirements of important maritime states. To that end the several Articles are expressed in terms which definitely and clearly set forth the principles involved. It is sought by this means to avoid as far as possible danger of conflicting interpretations. You will be interested in noting that Article VII makes full provision for the enjoyment of the most favored nation clause in its unconditional form, as applied to persons, vessels and cargoes, and to articles the growth, produce or manufacture of the Contracting Parties. It will be seen, moreover, that the most favored nation clause is applied to duties on imports and exports and to other charges, restrictions and prohibitions on goods imported and exported. The document in its present form may, of course, be subjected to minor changes by the United States in the course of negotiations. In transmitting this treaty to Your Excellency, I am glad to confirm the understanding that negotiations are to be had at this capital. Accept [etc.] CHARLES E. HUGHES 1 1 Enclosure not printed. 711.622/28: Telegram The Acting Secretary of State to the Ambassador in Germany (Houghton) WASHINGTON, November 30, 1923—5 p.m. 92. Merely for your information. Your 192 November 1.2 In some manner unknown to the Department a copy of the proposed German-American treaty has been furnished from Berlin to an organization calling itself Chamber of German-American Commerce, Inc., with an office in New York. This organization has given the text of the treaty full publicity which, naturally, creates a most unfavorable impression in the United States. The German Ambassador saw the Secretary on November 28 and expressed his great regret that the text had been made public. He said he believed there were only a few points of difference between the American and German wishes with regard to the treaty, and that possibly an early signature might be arranged. The Secretary said that it would help matters if the treaty could be signed at once; that we were in an embarrassing position, as we did not wish to be uncandid in answering inquiries of which there are many in consequence of the premature publication and that it might be necessary for this reason to withdraw the treaty. The Ambassador will come to the Department today to go over the few points which have to be considered with the Solicitor of the Department, and if an agreement can be reached, he will cable his Government for authority to sign immediately. If it proves possible to agree fully, the Ambassador will be requested to ask his Government to give you immediately a copy of his authorization to sign on behalf of the German Government and you should immediately cable to the Department the text of this authorization. PHILLIPS 711.622/29 : Telegram The Ambassador in Germany (Houghton) to the Secretary of State BERLIN, December 2, 1923-11 a.m. 216. Your 91 [92], November 30, 5 p.m. Herr von Schubert called on me last evening and showed me full power to be sent Wiedfeldt. Translation of text is as follows: "Doctor Otto Wiedfeldt, Ambassador Extraordinary and Minister Plenipotentiary at Washington, is hereby authorized to conduct negotiations with the Government of the United States of America, in the 'Not printed. name of the German Reich, relating to a treaty of amity, commerce and consular matters and to sign the treaty, subject to ratification. Berlin, December 1, 1923. Signed, Ebert, President of the Reich. Signed, Stresemann. (Seal)." [Paraphrase.] Schubert told me that the premature publication of the treaty greatly distressed his Government. The treaty had been handled by the Foreign Office in the same manner as has been used for fifty years and never before had its confidence been betrayed. . . . As the treaty would serve as a model for other similar treaties the German Government had hoped to have certain minor changes made; but, considering the unfortunate circumstances, it was now willing to sign without delaying further. The German Ambassador at Washington had already been given telegraphic instructions to this effect. [End paraphrase.] HOUGHTON 711.622/40 The Counselor of the German Embassy (Von Lewinski) to the Solicitor for the Department of State (Hyde) WASHINGTON, December 3, 1923. MY DEAR MR. HYDE: Enclosed I beg to transmit the draft of a Memorandum containing the explanations, which you were kind enough to give us, as regards to the Treaty of friendship and commerce, for your kind examination and consent. I should further like to suggest that the text of the Treaty might be amended in the following points: In Art. XV b par. 2 the word "customs" between "said" and "officials" should be erased. In Art. XXIII par. 2 the words "or misdemeanours" should be inserted after the word "crimes". It might further be useful, to make the Preamble conform with the heading of the Treaty by inserting after the word "Commerce” the words "and Consular Rights". I am [etc.] KARL VON LEWINSKI [Enclosure] Memorandum Regarding the Conference Held in the State Department between Messrs. Castle, Hyde, McClure, Metzger, and Barnes, on behalf of the United States, and Messrs. Wiedfeldt and Von Lewinski, on behalf of Germany, December 1, 1923 The Draft of a Treaty of Friendship and Commerce was discussed Article by Article. Article I (1) It was explained that the sentence concluding paragraph 1 ("submitting themselves," etc.) refers to the entire contents of Article I, par. 1. (2) The term "local laws and regulations" as used in section 1 comprises all laws, whether National, State, Provincial, Municipal or otherwise, duly in force at the time when and at the place where any event occurs which comes within the terms of the Treaty. (3) Whereas the Treaty only confers the right to own buildings within the territory of either High Contracting Party to the nationals of the other, it does not exclude such nationals from the right to own land as far as the local laws permit that land may be owned by foreigners. (4) It was mentioned that under the law of some States of the United States buildings may be owned though the owner of such building is not the owner of the lot on which the building is erected, that, however, under German law it is impossible that the owner of the lot be not at the same time the owner of the building, the ownership of the building following the ownership of the lot. Article II (5) This article takes regard only of relatives and dependents of an injured party and is intended to place the nationals of one of the High Contracting Parties in the same position in respect to the subject matter of the Article as the nationals of the other Party enjoy. Article IV (6) It is ascertained that par. 1 refers only to immovable property and par. 2 to movable property. (7) This Article is intended to secure to the beneficiaries of a will and to heirs the right to dispose of the property bequeathed or descending to them and to receive the proceeds of the sale of the property notwithstanding that, according to local law they, because of alienage, are not eligible to own the property. Article VII (8) The term "manufactured" in par. 2 shall include any kind and any stage of manufacturing process regardless of the material used in such process. Article VIII (9) The view was expressed that the term "duties, charges, and taxes" as used in the Treaty throughout shall comprise all duties, charges, taxes, fees or other pecuniary burdens whatsoever, which are duly imposed by National, State, or Provincial laws and/or 145231-vol. 11-38-10 |