711.412/22
The Commissioner for Australia (Denison) to the Secretary of State
[Received January 15.]
Dear Mr. Secretary of State: In connection with the recent visit of the Right Hon. S. M. Bruce, Prime Minister of Australia, to Washington, when he had the pleasure of an interview with you, the question of the position of Australian business men visiting the United States of America was discussed in the presence of His Excellency the British Ambassador, and myself, who accompanied Mr. Bruce. At the close of that interview you suggested that I should furnish you with a report on the existing position for your further consideration. I now have the honour of submitting same herewith.
It should be noted that the entrance of Australian citizens is controlled by certain regulations of the Bureau of Immigration, United States Department of Labor. These regulations may be defined broadly as:—
- (a)
- Entrance under the quota allotted to the Commonwealth of Australia.
- (b)
- Entrance as transients,
- (c)
- Entrance of persons who visit the United States as students.
- (d)
- Entrance as persons engaged in commerce, and who are granted liberty to remain in the country for a limited period (generally from three to six months), with the privilege of applying to the Bureau of Immigration for an extension of time.
The most embarrassing feature of these regulations is centred in the experience of Australians who enter for the purpose of extending their financial, commercial and industrial activities, and which are usually of mutual benefit to Australia and the United States.
It may be pointed out that American citizens are free to enter Australia, and to establish business offices in any part of the Commonwealth. There are no restrictions, and, consequently, full advantage is taken of this opportunity to engage in the ever-increasing trade as between the United States and Australia. One of the many [Page 438] instances which might be cited for the purpose of emphasizing this feature, is the trade in automobiles and motor trucks. Australia today imports more American-made automobiles than any other country in the world, and in this activity alone there are a great many Americans who are engaged in American offices established in Australia.
On the other hand, if an Australian business house desires to extend its operations to the United States, a representative of the firm must enter this country either under (a) the Australian quota, or (d) as a temporary visitor. The annual quota for Australia is so limited that the opportunity to enter through that channel (a) is denied to many Australian business men. whilst the regulation which classes them as visitors (d) leaves no freedom to establish and maintain proper business offices with continuity of operations by those who are best qualified with a knowledge of the business.
It is desired to urge that consideration be given to the wish of the Government of the Commonwealth of Australia that the concessions granted to business men of the United Kingdom, who establish offices in the United States, be extended in like manner to citizens of Australia.
The privilege enjoyed by British citizens was made possible under the Treaty between the United States of America and Great Britain, proclaimed on December 22nd, 1815.1 That Treaty was designed to regulate commerce and navigation between the respective countries, and to ensure full liberty on both sides in connection with the commerce of the two countries. Its purport is that the merchants and traders of Great Britain and the United States shall enjoy the most complete protection and security for their commerce in such a manner as to render the same reciprocal, beneficial and satisfactory. The Treaty definitely limits its operation to “all the Territories of His Britannic Majesty in Europe.” The words “in Europe” isolate Australia, a country virtually unknown (at least in a trading sense) in 1815, when the Treaty was proclaimed as between Great Britain and the United States.
It is desired to learn whether (a) the Government of the United States of America is able, and would be willing, to extend to citizens of the Commonwealth of Australia the privileges granted to British citizens under the Treaty of 1815, or (b), in the event of it not being possible to effect such an extension under that Treaty, would be agreeable to negotiate a special Treaty with the Commonwealth for a similar purpose.
The consideration of this matter on the part of the United States Department of State will be greatly appreciated by the Government [Page 439] of the Commonwealth, and I will welcome any advice you may be kind enough to offer, with a view to bringing about the much-desired change in the status of Australian citizens who are so vitally affected by this matter.
I have [etc.]
- Signed July 3, 1815, Hunter Miller (ed.), Treaties and Other International Acts of the United States of America vol. 2, p. 595.↩