383.0063/34

The American Minister in Egypt (Kirk) to the Egyptian Prime Minister and Minister for Foreign Affairs (Sirry)72

My Dear Mr. Prime Minister: I am taking the liberty of transmitting to Your Excellency herewith an informal memorandum, setting forth certain views in regard to the status of foreign educational institutions in Egypt with special reference to reports which have been received regarding a project of law governing such institutions in this country.

The interest which Your Excellency has been good enough to manifest in the keen efforts of foreign educational institutions to contribute to the cultural life of Egypt encourages me in the belief that the observations contained in the enclosed memorandum setting forth a statement of the broader aspects of the question as affecting American institutions in Egypt may receive your sympathetic consideration.

I am [etc.]

Alexander Kirk
[Enclosure]

The American Legation to the Egyptian Ministry for Foreign Affairs

Memorandum

American educational, scientific, medical and charitable institutions carry on their activities in Egypt in accordance with assurances given [Page 325] at Montreux by the President of the Egyptian Delegation to that convention in a letter dated May 8, 1937, addressed to the President of the Delegation of the United States of America, under which such institutions existing in Egypt on the date of the signing of the Montreux Convention “may continue freely to carry on their activities in Egypt, whether educational, scientific, medical or charitable” subject to certain conditions set forth in that letter.

For some months those institutions, together with other alien institutions of a similar character, have, as a result of conferences with officials of the Ministry of Education and items appearing in the local press, had cause to fear that steps are being taken to have enacted certain amendments to Law 40 of 1934 governing the activities of the private schools in Egypt which would be in derogation of the aforementioned assurances and conditions. The Legation has, therefore, been authorized to invite the attention of the Egyptian Government to the fears of the American institutions in this respect and to express the hope that, in the enactment of any legislation bearing on foreign schools due regard will be taken of the rights guaranteed American institutions under the Montreux Convention freely to carry on their activities, at least during the period of transition provided in the Convention.

The Legation has also been authorized to express the additional hope of the Department of State that, apart from the question of the rights involved, nothing will be done which might be regarded as a backward step from the position taken by the Egyptian Government at Montreux. The Department of State and the Legation have closely followed the course of this matter and cannot but feel that, if American educational institutions are placed in the defensive position of having to justify their work continually and in detail, their effectiveness and the enthusiasm of the personnel will be bound to suffer with severe results to their contribution to Egyptian education. Sooner or later, if the questions of educational restrictions are constantly agitated, these institutions would be bound to consider whether the contribution which they are permitted will be sufficient to justify its continuance. It is hoped, therefore, that their work will be permitted to go forward under reasonable conditions consistent with the assurances given at Montreux and in a spirit of mutual respect and understanding.

  1. Copy transmitted to the Department by the Minister in Egypt in his despatch No. 82, August 8; received December 9.