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560.M3/38: Telegram

The Chief of the American Delegation (Wilson) to the Secretary of

State

GENEVA, July 5, 1928—2 p. m.
[Received July 5-9:50 a. m.]

8. On termination of debate on exceptions under article 6, Colijn plans to call for general discussion on ratification and then to appoint a subcommittee to work out a definite plan to be submitted to Conference. He will probably request each state to declare when convention may be submitted to legislative body for approval. Am I authorized to state that convention and protocol with new annex, if you authorize me to sign, will be submitted to the Senate in the next session?

WILSON

560.M3/41: Telegram

The Chief of the American Delegation (Wilson) to the Secretary of

State

GENEVA, July 5, 1928—2[7?] p. m.

[Received July 5-6:15 p. m.]

9. Portugal limited its reservation on wool to "fine wool of category known as 'Marquis de Lema"" in which form it was accepted under paragraph 2.

Czechoslovak delegate withdrew reservation on salicylic acid and gave formal undertaking that his country would only maintain its reservation on automobiles, wine, cattle and swine until November 8, 1930.

Debate on Czechoslovakian reservation assumed a certain intensity and it became clear that if they were admitted even in modified form numerous other reservations would be demanded by other countries. After opposing automobile reservation, I finally suggested that the difference between the date on which the convention would actually enter into force was so slight that Czechoslovakia might well withdraw reservation without disadvantage to herself. France supported this suggestion.

WILSON

560.M3/42: Telegram

The Chief of the American Delegation (Wilson) to the Secretary of State

GENEVA, July 5, 1928—8 p. m.

[Received July 5-4:09 p. m.] Afternoon meeting. Norwegian

10. My 9, July 5, 7 [27] p. m. delegate withdrew his reservation on vessels and parts of vessels.

Chilean reservation on scrap iron and scrap zinc rejected under paragraph 2 but accepted under paragraph 1. Reservation on mares accepted under paragraph 1.

Decision on Czechoslovak reservations postponed at the request of [Dr. Vincent] Ibl pending receipt by him of further instructions. There was then a preliminary discussion of the second and third points of agenda dealing with conditions required for entry into force of convention. This brought up a greater divergence of opinion than hitherto manifested in Conference. Tendencies not yet sufficiently clarified to telegraph.

WILSON

560.M3/43: Telegram

The Secretary of State to the Chief of the American Delegation

(Wilson)

WASHINGTON, July 5, 1928–6 p. m. 2. Your 8, July 5, 2 p. m. Department cannot, of course, authorize statement that would bind the President to submit a treaty to the Senate and would not undertake in advance to recommend a treaty to the President. Nevertheless, you may state that the next regular session of the Senate convenes on December 3 and that there is every reason to suppose that the instruments which you signed on January 30 and such instruments of the Conference now in session as you may be authorized to sign will be submitted to the Senate on or shortly after that date.

KELLOGG

560.M3/44: Telegram

The Chief of the American Delegation (Wilson) to the Secretary of

State

GENEVA, July 6, 1928–6 [2] p. m.

[Received July 6-11:35 a. m.]

11. Morning meeting. A proposal was brought forward by small drafting committee concerning ratification. It provided:

(a) Ratification must be made by at least 20 states.

(b) Each state notifying ratification before September 30, 1929, might name certain states from following list on whose ratification it makes its own ratification dependent.

List follows: Germany, Austria, (United States of America), France, Great Britain, Hungary, Italy, Japan, Poland, Rumania, Serb-Croat-Slovene State, Switzerland, Czechoslovakia, Turkey.

In presenting proposal French delegation stated committee had put the United States in parentheses since they realized that this was year of short session of Congress and ratification might be delayed by rush of business. A confused and inconclusive debate followed in which I took no part, as I had previously followed Department's instructions by stating that we considered it improbable that the United States need be included in the list because we had no prohibitions to abolish. One fact of interest to us came to light. Certain states, notably Germany, insisted that ratification by the United States might be necessary essential prerequisite to their ratification. The German delegate explained that unconditional most-favorednation clause in American-German bilateral commercial treaty 36 would make it essential to give benefits to the United States if Germany ratified irrespective of American ratification.

I propose to take little part in the debate since matter is primarily one of Central European concession. Enlarged subcommittee is now endeavoring to work out another concrete proposal.

WILSON

560.M3/46: Telegram

The Chief of the American Delegation (Wilson) to the Secretary of

State

GENEVA, July 6, 1928—9 p. m.
[Received July 7—1 a. m.]

12. At afternoon session general conference received report from the special conference on hides, skins and bones to the effect that conventions on skins and bones had been approved by 18 states. These are to be regarded as acts separate from the general convention and to be ratified in advance thereof. The conference agreed in principle to insert a paragraph in the general convention providing that, if the hides and bones agreements have not been ratified at the time of the entry into force of the former, the interested states may again introduce their claims for exceptions on hides and bones which would then have to be passed on by a special meeting of the Conference. The drafting was referred to a subcommittee.

The Conference then agreed in principle that the general convention must be ratified by at least 18 states, including the list of 14 states contained in my 11, July 6, 2 p. m.

Ratifications are to be notified before September 30, 1929; if all conditions have been fulfilled on that date, convention will enter into force on January 1, 1930; if not fulfilled, final paragraph of article 17 will apply.

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Treaty of Dec. 8, 1923, Foreign Relations, 1923, vol. II, p. 29.

A special clause to be added to protocol was passed in principle as follows:

"Owing to the position of the United States resulting from the short session of the Congress during the year 1928-1929, the high contracting parties are agreed that if the United States' ratification has not been obtained before September 30, 1929, in conformity with the provisions of article (blank) but the ratifications or accessions of all the other states which are indispensable by the same article have been received by September 30, 1929, the convention shall come into force on January 1, 1930, unless previous to November 15, 1929, one of the states having ratified the convention by that date or having acceded thereto before September 30, 1929, raises an objection.

In this case the last paragraph of article 17 of the convention of November 8, 1927, shall apply." (see my 11, July 6, 2 p. m.).

In regard to Czechoslovakia's conditional reservations, those on sugar beets and rounded timber have been withdrawn. That on quartzite was admitted under paragraph 2 of article 6 and of hop shoots under paragraph 1. Czechoslovakia deferring to arguments advanced in my 9, July 5, 7 [2?] p. m., thereupon withdrew its exceptions on automobiles, wine, cattle and swine.

Bulgarian reservation on rose trees, roots and shoots admitted under paragraph 1; that dealing with falsification of national products rejected.

Colijn announced that there will be a short session tomorrow morning at which drafting committee will be appointed to work over weekend and submit final draft for consideration Monday afternoon. Colijn subsequently informed me I would be given an opportunity to make statement on films Saturday morning.

WILSON

560.M3/47: Telegram

The Secretary of State to the Chief of the American Delegation

(Wilson)

WASHINGTON, July 7, 1928-1 p. m. 3. Your 11, July 6, 6 [2] p. m. Department wishes you to use your full influence in debate or otherwise persistently against proposal outlined and in favor of the simplest practicable provisions for bringing the Convention into effect. Prompt operation of the Convention is of importance to American commerce.

There seems no good reason for requiring acceptance by a larger number of States than the number which at present maintain welldeveloped systems of prohibitions and restrictions. If the effectiveness of the Convention or the effectiveness of any State's ratification thereof must be contingent upon its acceptance by any particular State, that State should be one which maintains such a system.

The contention of German delegate could have practical importance only if the United States maintained a system of restrictions. Since the ratification by the United States of the Convention would not alter the situation so far as its laws and regulations are concerned, Germany, though bound to give it most-favored-nation treatment, would, in return, receive everything without American ratification that it would in the event of American ratification. As a practical matter, only countries that are under most-favored-nation obligations to countries that maintain systems of restrictions, against which the former countries desire to retaliate, need hesitate on that ground to ratify the Convention.

Referring to your reports of the Conference, Department is gratified that a number of the exceptions reserved by other countries have been withdrawn, and wishes you to assist diligently in this process, especially urging the immediate withdrawal of all restrictions affecting the import of automobiles and the export of the raw materials of industry.

KELLOGG

560.M3/48: Telegram

The Chief of the American Delegation (Wilson) to the Secretary of

State

GENEVA, July 7, 1928–3 p. m.
[Received July 7-3 p. m.]

13. Drafting committee composed of Colijn, Serruys, Brunet, Chapman and Ito.

Portuguese reservation changed as a result of garble in telegram; it now reads "fine wool" and has been admitted under paragraph 1 of article 6.

Special provision agreed upon permitting the United States and Bulgaria [to] maintain their reservations by signing annex and protocol to general convention on or before September 1st.

Text for first reading will be circulated tomorrow morning for probable signature Wednesday, July 11th.

WILSON

560.M3/49: Telegram

The Chief of the American Delegation (Wilson) to the Secretary of

State

GENEVA, July 7, 1928-4 p. m.
[Received July 7-2:30 p. m.]

14. Made film speech this morning and general reservations of our rights 7 (see my 57, July [June] 5, 3 p. m., from Berne). Serruys in

37

"For substance of speech see Mr. Wilson's telegram No. 2. July 2, 5 p. m., p. 383. The complete text is printed in Proceedings of the Conference, p. 86.

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