711.632/75: Telegram

The Secretary of State to the Minister in Austria (Stockton)

45. Your 61, November 25, 5 p.m. You are requested to propose to the Austrian Government the signature of a supplementary article to the treaty of friendship, commerce and consular rights signed June 19, 1928, substantially as follows:

“Supplementary Article.

The United States of America and the Republic of Austria, by the undersigned, the Minister of the United States of America at Vienna and the Minister for Foreign Affairs of Austria, their duly empowered plenipotentiaries, agree as follows:

Notwithstanding the provisions of the first paragraph of Article XXIV of the treaty of friendship, commerce and consular rights between the United States of America and Austria signed June 19, 1928, to the effect that the said treaty shall remain in force for the term of six years from the date of the exchange of ratifications, it is agreed that the said treaty may be terminated on February 11, 1935, or on any date thereafter, by notice given by either Contracting Party to the other Party one year before the date on which it is desired that such termination shall become effective.

Done in duplicate, in the English and German languages, at Vienna, this . . . . . . day of . . . . . . . . . . . . one thousand nine hundred and thirty.”

[Page 859]

Inasmuch as the proposed agreement would effect a change in the terms of the treaty which the Senate of the United States has approved, it will be necessary to submit the agreement to the Senate. For this purpose a formal article such as the above will be more satisfactory to the United States than an exchange of notes.

Upon telegraphic advice of Austria’s acceptance, full power to sign the supplementary article will be forwarded and you will be notified thereof by telegraph.

The Department has decided that it will be impracticable to ask the Senate to withdraw the reservation. Referring to the Department’s telegram No. 3 of February 12, 1929, for text of reservation, please ask the Austrian Government to take such steps as may be necessary for its acceptance by Austria by exchange of notes as provided in the Senate resolution of February 7, 1929. For model of such notes see Treaty Series No. 725, pages 32 and 33.

Stimson