611.60F31/9–1545: Telegram

The Secretary of State to the Ambassador in Czechoslovakia (Steinhardt)

441. ReUrtel 348 Sept 15.1

1.
In reply to aide-mémoire forwarded in Embs despatch no. 100 of Sept 14, you should inform Czech Govt that, although the spirit of [Page 549] most-favored-nation provisions in paragraphs 1 and 2 of proposed interim arrangement covers the provisions of paragraph 3, this Govt desires that the provisions in paragraph 3 shall be explicitly included. Certain countries in the past have followed courses contrary to provisions of paragraph 3, asserting that general most-favored-nation treatment was not explicitly violated by such action. It may be that Czech Govt objects to the language of the paragraph; if so, please request suggestions for a paragraph which would be agreeable to Czech Govt but which would still incorporate the nondiscriminatory treatment provided in our proposed paragraph 3.
2.
Our opinion is that matters which would be covered by point 1 of article XV of old trade agreement are sufficiently covered by point (c), paragraph 10 in our proposed interim arrangement.
3.
We feel that point 6 of article 15 would seem to nullify the effectiveness of paragraph 6 of the proposed interim arrangement. If the Czech Govt has some more restricted purpose in mind, the Dept would be willing to consider its reasons, although with the present trends developing in that area is felt that any material impairment of paragraph 6 would be unfortunate.
4.
Czech Embassy here will also be informed of our views on Czech aide-mémoire.
5.
Since Czech Govt considers agreement re exposed motion picture films as terminated, you should propose that present numbered paragraph 12 become paragraph 13, and new numbered 12 be included as in next following telegram.2
Byrnes
  1. Not printed; it transmitted the text of note of September 13 from the Czechoslovak Ministry for Foreign Affairs to the American Embassy in Czechoslovakia, supra.
  2. Telegram 442, December 5 to Prague, transmitted the following for inclusion as paragraph 12 in the proposed interim arrangement:

    “12. Pending the entry into force of a new trade agreement between the two Parties the numbered paragraphs I, V, VI, VII and X of the agreement in respect of exposed motion picture films effected by exchange of notes on May 18, 1938 shall be suspended. Upon the entry into force of such a trade agreement the entire agreement of May 18, 1938, if it is not terminated or modified by such trade agreement shall again become operative.” (660F.0031/12–545)