883.801/6–948: Telegram
The Secretary of State to the Embassy in Egypt
759. Reurtels 586 May 22,1 637 May 30,2 Port Said Consulate A–76 May 17.3 Dept concurs your view Egyptian Govt committed under International Convention of 1888, Suez Canal, to recognize that the Suez Canal “shall always be free and open, in time of war as in time of peace to every vessel of commerce or of war” and that “high contracting parties agree not in any way interfere with the free use of the Canal, in time of war as in time of peace” (Art I). Further Art IV provides that no “act having for its object to obstruct the free navigation of the Canal, shall be permitted in the Canal and its ports of access”. Dept’s view that provisions of 1888 Convention apply to vessels in ports of access if vessels in process of transit through Canal, and without regard to ultimate destination of goods.
Dept considers that Art X 1888 Convention empowers Egypt to take certain steps in order secure defense of Egypt and maintenance of public order, but that purposes present action have no relation either of these factors. Moreover, although US is not party to 1888 Convention, that instrument by its terms, to which parties thereto have obligated themselves, is applicable to shipping of all nations including US. Emb requested to convey these views informally to Egypt Govt. Keep Brit and French colleagues informed.4
- Not printed; it stated that Egyptian search of vessels had thus far been confined to coastwise shipping (883.00/5–2248).↩
- Not printed; it reported that a British freighter transiting the Canal with a British-owned cargo of flour bound for Palestine had been ordered to discharge its cargo by the Egyptian Government. It also conveyed a statement by an Egyptian spokesman that all Palestine-bound cargoes would be confiscated (883.801/5–3048).↩
- Not printed; it advised that the Egyptian Director of Customs had issued a circular letter requiring the production of manifests covering all goods on vessels arriving at Port Said and that no vessels would be permitted to depart unless the manifests were presented. It also reported press reports that customs authorities would confiscate all cargo destined for Palestine (883.801/5–1748).↩
- This telegram was repeated to London and Paris. The Department, on June 18, instructed Cairo to inform the Egyptian Government that “US Govt adheres to its previous position regarding Egypt Govt’s memorandum calling attention to danger to ships of friendly countries in approaching Palestinian coastline. US Govt does not consider as satisfactory or in conformance with international law and usage arguments advanced by Egypt Govt in support of memorandum, and will hold Egypt Govt responsible for any acts attributable to agencies of that Govt which may result in interference with, or injury to, American interests.” (Telegram 827, 501.BB Palestine/6–1848) Damascus, the same day, was requested to make similar representations to the Syrian Government. (Telegram 235, 890D.0/6–948)↩