611.6731/64: Telegram

The Secretary of State to the High Commissioner in Turkey (Bristol)

Your February 14, 9 p.m. Department approves proposed text with the following modification:

Substitute for the phrase “Subject to the ratification of the Turkish-American treaties”, the following “in order to define the commercial regime which will be applicable to the commerce between the United States and Turkey, the Government of the United States consents, et cetera, et cetera.” If there should be objection to that proposal Department suggests that you substitute for “Subject to” the word “pending”.

For your information. The phrase “subject to” is open to various constructions and might conceivably be interpreted to mean that in the event of the failure of the ratification of the Treaty, back duties at the high rate specified in Turkish law might be claimed on American products previously imported into Turkey. This of course is quite inadmissible.

You may effect this understanding either by an exchange of notes or by a “proces verbal” or “declaration” to be signed by you and Turkish representatives.

Kellogg