711.922/82
The Siamese State Councilor for Foreign Affairs (Luang Pradit) to the American Chargé in Siam (Chapman)17
Monsieur le Chargé d’Affaires: You are aware that the Treaty of Friendship, Commerce and Navigation which has governed the relations between the United States of America and Siam has now been operative over the ten year period foreseen in the text, and will continue in force for an additional period of one year after denunciation by one of the Parties. This basic agreement contains many provisions whose usefulness has been proven during the period in question. There are however certain provisions which seem to His Majesty’s Government no longer appropriate, some in substance, others in matters of form. Similar remarks apply equally to the existing treaties between Siam and other Powers.
On several occasions the general attitude of His Majesty’s Government in these matters has been indicated in public statements. For instance a statement of Government policy made on September 22, 1934 contained the following remarks:
“In regard to the Principle of Independence, there still exist certain treaty provisions which restrict our jurisdictional and fiscal autonomy, and the Government will seek an opportunity for their revision in due course.”
The speech of the Council of Regency at the Opening of the Assembly August 1st 1934 contained the following statement:
“…18 at the present time, almost all our treaties with Foreign Powers are nearing expiration. Accordingly, the Government will seek an opportunity of negotiating for their revision in due course, with a view to giving them the form of complete equality.”
Even more recently, at the opening of the Assembly 1936, the Council of Regency stated: “As for the treaties with foreign Powers, almost all of which are nearing expiration, steps are being taken by the Government in order to negotiate for their revision, with a view to giving them the form of complete equality.”
As thus indicated His Majesty’s Government feel it their duty now to initiate measures looking toward a revision of the present treaties, or more exactly stated, the substitution of new texts or instruments for certain of the present ones.
In studying the problem thus presented the Government has come to the conclusion, for its part, that the interests of Siam on the one [Page 998] hand, and of foreign States on the other, will be best defined and safeguarded if the basic treaties are uniform in character. As far as Siam is concerned, such a result will greatly simplify the problem of new legislation and permit interpretation of texts by the courts and administrative bodies in a way which will secure uniformity in regard to treatment of foreign interests. As no unusual provisions are contemplated, and in general the forms frequently employed in other modern treaties will be proposed, it is not considered that the uniformity thus suggested will give rise to any especial legislative or administrative problems so far as the other High Contracting Parties are concerned.
With this aim of revising their treaty system to accomplish uniformity, complete reciprocity and full jurisdictional and fiscal autonomy, His Majesty’s Government propose promptly to communicate a draft of a new treaty, after notice is given at an early date of their wish to terminate the present one. As provided in Article 17 of that document, the existing Treaty continues to have validity for a further one year from the date of such notification, during which time His Majesty’s Government will hope to reach full agreement on the terms of the new Treaty and bring it into effect so that no interruption of treaty relationship will intervene.
I avail myself [etc.]