Foreign Relations of the United States: Diplomatic Papers, 1942, The Near East and Africa, Volume IV

890D.01/609: Telegram

The Consul at Beirut (Gwynn) to the Secretary of State

Beirut, June 25, 1942—10 a.m.
[Received 12:11 p.m.]

227. With further reference to the Department’s 78, June 2, I wish to call particular attention to the fact that the present Governments of Syria and the Lebanon appear to be in no way prepared to recognize all of the existing treaty rights of the United States and of its nationals. I make particular reference to the fiscal immunities granted to American philanthropic, educational, and religious institutions by virtue of Herrick–Poincaré letters of April 4, 1924.⁸

As reported in despatch 175, October 21, 1941,⁹ the question of these immunities has been the object of considerable correspondence recently especially as concerns the American hospital at Deir Ez Zor. French authorities do not question the claim to tax exemption and have repeatedly informed the Syrian Government that the hospital is exempt from taxation in any form. Syrian authorities refuse to accede to this view. On or about June 1 Syrian official handed to director of hospital copies of four documents in Arabic, from an examination of which it appears that the Syrian Minister of Finance has decided after considerable deliberation that the hospital must pay all the taxes assessed against it in the past and in the future. I have handed a new note on the subject to the Delegate General.¹⁰ Copies of correspondence will go forward by the next pouch.

The Consulate General has also had a considerable correspondence with the Delegation General on the application to the American University of Beirut of the import license taxes reported in despatch No. 308, March 14.¹¹ This correspondence also will go forward to the Department in the near future. The Delegation General assured the Consulate General April 17 that the American establishments are exonerated from the payment of this tax for all supplies they may have to import. However, the taxes were and are still required. At my request, I believe, the Delegation General asked that an amendment be made to article VI of Decree 146 N L to specifically exempt foreign philanthropic and educational institutions from the tax.

I was informed verbally yesterday that the amendment had been refused as the Lebanese member of the Superior Committee of Supplies was absolutely opposed to it and had expressed the opinion that the mandatory power had been far too generous in its treatment of foreign institutions.

As far as I can make out the Syrian and Lebanese officials have adopted the same line of argument that is, the mandatory has given too wide an interpretation to the pertinent provision of treaty of [apparent omission] of 1901 and of the agreement of Constantinople of December 18, 1913,¹² and that these conventions must in future be interpreted restrictively by the two Governments. They appear to wish to ignore the Poincaré-Herrick correspondence as well as the statement made by General Catroux in his proclamation of September 27, 1941,¹³ and November 26, 1941,¹⁴ see enclosure 2 to despatch 159 of September 20, 1941,¹¹ and enclosure 1 to despatch 223, of December 5, 1941,¹¹ to the effect that Syria and the Lebanon in entering upon an independent international life naturally succeed to the rights and obligations resulting from all treaties, conventions, and international acts concluded by France which concern them or were made in their names.

Until or unless this attitude is changed as shown by acts and not by words alone it would seem to be most inadvisable to go beyond the Department’s statement of November 29, 1941.

I hope soon to pay calls on the important Syrian and Lebanese officials and shall not fail to sound them out on this particular point of immunities.

In the meanwhile I see no urgency in going further toward recognizing an independence which is fictitious. There are reasons for this which go far beyond the point discussed above and which I hope soon to set forth in despatches or in telegrams if time is an important consideration. American prestige is so high in these territories that we need fear no untoward reaction to our reserved attitude in this unanimity [sic].

For my guidance I should appreciate any directives the Department may wish to send.

Gwynn

8. Foreign Relations, 1924, vol. i, pp. 738–740.
9. Not printed.
10. Gen. Georges Catroux.
11. Not printed.
12. Martens, Nouveau recueil général de traités, etc., 3 sér., tome viii, p. 720.
13. See telegram No. 381, September 28, 10 p.m., from the Consul General at Beirut, Foreign Relations, 1941, vol. iii, p. 786.
14. See telegram No. 467, November 26, 1 p.m., from the Consul General at Beirut, ibid., p. 805.
11. Not printed.
11. Not printed.