711.90f2/26
The Ambassador in Great Britain (Mellon) to the Secretary of State
[Received November 11.]
Sir: I have the honor to refer to the Department’s instruction No. 255 of October 18, 1932, and to report that on November 1 the revised text of the proposed Provisional Agreement between the United States and the Kingdom of Saudi Arabia was handed to Mr. Zada, First Secretary [Page 994] of the Legation of Saudi Arabia in London. The text handed to Mr. Zada was identical with that forwarded in the Department’s instruction under reference except that in all instances where the phrase “The Arabian Saudian Kingdom” appeared in the latter text, the phrase was altered to read: “The Kingdom of Saudi Arabia”. This change was made in view of the note from the Legation, dated September 27, 1932,17 a copy of which was transmitted to the Department with the Embassy’s despatch No. 455, October 26, 1932.17
Mr. Zada was informed that the Department had agreed that the English and Arabic texts of the Agreement should be of equal validity. He thereupon expressed the opinion that in order to preclude the possibility of any differences in the two texts, and in order that the texts should be as nearly identic as is consistent with the differences in the language, the Arabic text should be drawn up by the Foreign Office in Mecca rather than by the Saudi Arabian Legation in London. In this connection, he stated that the Saudi Arabian Minister in London was on the point of leaving London for a three months’ vacation, so that there did not appear to be any reason for haste in drawing up the Arabic text. He added that, in his opinion, a month should prove sufficient in which [to] draw up the Arabic text and return it to London. The Embassy agreed to this procedure, since there would still remain the better part of two months during which the American Legation at Cairo could study the Arabic text.
On the following day Mr. Zada called at the Embassy to request that certain changes in the text of the Provisional Agreement agreed to in the Department’s instruction No. 83, of June 16, 1932, and incorporated in an aide-mémoire left with the Minister of Saudi Arabia in London on July 6, 1932, should be made. The changes which Mr. Zada had in mind related to the interpretation of the last clause of Article I of the Provisional Agreement having to do with the treatment of consular officers and which reads:
“… and they shall not be treated in a manner less favorable than consular officers of any other foreign country.”
Mr. Zada proposed that there be incorporated in the Provisional Agreement between the two countries:
- (1)
- a separate undertaking on the part of the Government of the United States that it would not claim for American consular officers the right to visit or reside in Moslem Holy Places situated in the Kingdom of Saudi Arabia, and
- (2)
- an undertaking on the part of the American Government not to claim for American consular officers the right of the manumission of slaves, a provision understood to be enjoyed by British consular officers in the Kingdom of Saudi Arabia.
Mr. Zada was informed that in the Embassy’s opinion it would be preferable to incorporate such undertakings in an exchange of notes between the American Ambassador and the Minister of Saudi Arabia in London, rather than to have them embodied in the agreement between the two countries, as otherwise it would be necessary to return the text of the Provisional Agreement to Washington for alterations. Mr. Zada concurred, and a draft note was accordingly prepared, copy of which is enclosed. It covers the questions raised by Mr. Zada and would appear not to exceed the authority for making certain limited changes which was granted by the Department’s instruction No. 83, of June 16, 1932.
Nevertheless it has been deemed advisable to have the Department’s express authorization before sending the proposed note. The Department’s instructions, by cable if the matter is considered of sufficient urgency, are accordingly respectfully requested.
Respectfully yours,
First Secretary of Embassy