383.1124/6

The Chargé in Egypt (Hare) to the Secretary of State

No. 2080

Sir: I have the honor to refer to the Department’s instruction no. 453 of March 18, 1940, concerning the interpretation given by the Egyptian Government to its declaration in respect to deportation included in the Montreux Convention of May 8, 1937, and to enclose a copy of the Legation’s note of April 26, 1940 to the Egyptian Foreign Office advising the Egyptian Government, under instructions from the Department, that the American Government is unable to admit the validity of the interpretation given by the Egyptian Government to its declaration.

In its despatch no. 1993 of February 9, 1940 on this subject, the Legation reported that the British Embassy had advised the Egyptian Ministry of Foreign Affairs that it was unable to accept the Egyptian Government’s interpretation of its declaration and that it was understood that replies in similar sense were being made by the French and Greek Legations. In the meantime, the Legation has been advised by Count W. F. L. de Bylandt, the Netherland Chargé d’Affaires, that he also was instructed by his Government to oppose the action of the Egyptian Government in this respect. He said that in its initial instructions to him his Government had undertaken to refute one by one the points raised in the Egyptian Foreign Office’s note of September 20, 1939. However, when the Chargé had pointed out to his Government that by so doing grounds might be afforded for endless discussion of the matter, his Government had agreed that a simple statement of refutation was sufficient. As a consequence it is understood that the reply made by the Netherland Legation was essentially similar to that made by this Legation except that it also invited attention to the provisions in Article 4 of the declaration for the setting [Page 510] up of an administrative advisory committee for the purpose of acting upon questions of this kind.

Respectfully yours,

Raymond A. Hare
[Enclosure]

The American Legation to the Egyptian Ministry for Foreign Affairs

No. 768

The Legation of the United States of America presents its compliments to the Royal Egyptian Ministry of Foreign Affairs and has the honor to refer to the latter’s note no. 47C of September 20, 1939 interpreting the provisions relating to deportation contained in a declaration made by the Egyptian Government included in the international convention of Montreux of May 8, 1937, and to the Legation’s reply no. 699 of September 23, 1939,42 stating that this matter was being brought to the attention of the competent authorities of the Department of State at Washington.

The Legation is now in receipt of an instruction from the Department of State at Washington stating that the American Government is unable to admit the validity of the interpretation given by the Royal Egyptian Government to its declaration in question, in as much as that interpretation is not in accordance with the American Government’s understanding of the unequivocal language of that declaration. The Legation was instructed to inform the Royal Ministry of the American Government’s views in this respect.

The Legation of the United States of America avails itself of this opportunity to renew to the Royal Egyptian Ministry of Foreign Affairs the assurance of its highest consideration.

  1. Not found in Department files; see last paragraph of despatch No. 1837, September 23, 1939, from the Minister in Egypt, p. 504.