761.91/103
The Chargé in Italy (Gunther) to the Secretary of State
[Received March 20.]
Sir: Adverting to the Department’s confidential instruction No. 481, January 30, 1924,38 enclosing copies of communications from the British Embassy under date of September 27th and October 25th, 1923, and the Department’s reply of January 21, 1924, dealing with the treaty between Russia and Persia signed at Turcomanchai in 1828 and with the present status of the rights of foreigners in Persia, particularly with reference to taxation, I have the honor to report that the competent official in the Royal Italian Ministry for Foreign Affairs has asserted that his Government has addressed a reply to a similar inquiry from the British, stating that his Government deems the question as to whether the Treaty of Turcomanchai has been abrogated is, from the juridical point of view, debatable.
The Italian Government feels, however, that for practical purposes it would not be wise at the present time to acknowledge that the Treaty of Turcomanchai has been abrogated. It is pointed out that the rights in regard to penal matters granted in that Treaty are not reconferred in subsequent treaties as are other classes of capitulatory rights. Although such treaties as the Franco-Persian Treaty of 1855 and the German-Persian Treaty of 1873 specify other classes of capitulatory rights, those in regard to penal matters are granted on the basis of most favored nation clauses. Therefore, the Italians deem it essential, if and when the abrogation of the Treaty of Turcomanchai becomes an actual issue, to secure from the Persian Government a specific [Page 576] guarantee in regard to penal matters before acknowledging such abrogation.
It was intimated that the French hold the same attitude on the subject as the Italians. The Italians have not yet received an answer from the British to their communication on this subject.
I have [etc.]
- Not printed.↩