645C.00/1–654

Memorandum of Conversation, by the Officer in Charge of West, Central, and East Africa Affairs ( Feld )

confidential

Subject:

  • Status of Central African Federation in Conduct of its External Affairs.

Participants:

  • Mr. Desmond Crawley, British Embassy
  • Nicholas FeldAF
  • James DurnanAF

Mr. Desmond Crawley, who handles Commonwealth Relations Office affairs at the British Embassy, called on Mr. Feld of AF today at his own request to discuss certain matters which he thought would be of interest to the United States Government.

Mr. Crawley began the conversation by referring to his previous visit of October 13, 1953, regarding the constitutional status of the Central African Federation.1 He stated that, as a result of the “misunderstanding” between the Governor of Southern Rhodesia, Sir John Kennedy, and HM Government, which occurred July–August, 1953, regarding the degree of sovereignty to be enjoyed by the new Federation, HM Government had since taken action to clarify the exact legal position of the Federation with the new Federal authorities, and had decided to inform various foreign governments of the position by diplomatic Note. However, in view of the “special interest” taken by the United States in the new Central African Federation, HM Government had instructed the British Embassy in Washington to convey certain additional information to the appropriate State Department officials regarding the specific powers of the Federation in the field of international affairs, especially in regard to international commercial relations. Mr. Crawley then read pertinent excerpts from the British Government instruction to the Embassy and agreed to supply Mr. Feld, on an informal basis, with a written statement of these excerpts. He then formally handed to Mr. Feld the attached Embassy Note which he had brought with him.2

Mr. Crawley, in discussing the commercial aspects of Federal external relations, stated that the Federation would enjoy no greater powers in this sphere than were previously enjoyed by the self-governing (but not fully sovereign) colony of Southern Rhodesia before Federation came into existence. The arrangements previously made with [Page 340] the Government of Southern Rhodesia, he said, were based on the following broad principles:

  • “(a) The United Kingdom Government expressly delegated to the Southern Rhodesia Government authority to negotiate and conclude trade agreements with foreign Governments, so far as these related to the treatment of goods.
  • “(b) In practice it had come to be accepted that Southern Rhodesia might enter into local agreements with neighbouring territories, including the Union of South Africa and foreign colonial territories, and to make appropriate representational arrangements with those territories.
  • “(c) In addition the Southern Rhodesia Government has in the past been admitted to participation in the General Agreement on Tariffs and Trade and to membership of certain international technical organisations, which by virtue of the terms of their constitutions Southern Rhodesia was eligible to join.
  • “(d) The acquisition by Southern Rhodesia of this delegated authority did not however involve any change in the constitutional position of Southern Rhodesia whereby Her Majesty’s Government in the United Kingdom remained generally responsible for the external relations of the Colony.
  • “(e) It followed from this that there should be prior consultation between the Government of Southern Rhodesia and Her Majesty’s Government in the United Kingdom before the former entered into any commitments under subparagraphs (a) and (b) and (c) above.”

Mr. Crawley stated further that it is proposed that the same general principles, as elaborated, should apply in the case of the Federal Government. More precisely it is the intention that the Federation shall have authority to conclude on its own account agreements which fall into any of the following categories:

  • “(a) Agreements of purely local concern with any neighbouring State, Colony or territory in Africa, including arrangements with them for the exchange of representatives;
  • “(b) Trade agreements, whether bilateral or multilateral, relating solely to the treatment of goods. This definition would include tariff agreements and customs unions, but would exclude agreements relating to shipping questions (other than those relating to inland transport) and establishment matters (i.e. those affecting the rights of persons and companies of the contracting parties). These would continue to be dealt with in Commercial Treaties negotiated by the United Kingdom Government. Authorities may, however, be delegated to the Federation to conclude individual trade agreements which relate also to establishment matters where the circumstances appear to Her Majesty’s Government in the United Kingdom to warrant such a course.
  • “(c) Multilateral agreements involving membership of an international technical organisation which the Federation, under the terms of the agreement, would be entitled to join.”

[Page 341]

Mr. Crawley mentioned that he had previously worked on GATT matters at Torquay and had noticed that Southern Rhodesia often conducted negotiations with foreign countries without prior consultation with the British delegation. He added that the British were at that time anxious to marshal every vote in favor of the Commonwealth preferential tariff system and for that reason interposed no objection to this independent negotiating by the Southern Rhodesian delegation. However, he made it clear that Southern Rhodesia’s power to be a member of GATT and to carry on negotiations in its own behalf with other governments had been expressly delegated to it by HM Government and there was a definite understanding that Southern Rhodesia would consult with the British delegation prior to entering into commitments with foreign governments. He indicated that this was an example of Southern Rhodesia’s tendency to try to go off on its own even though it did not legally enjoy full sovereignty.

Mr. Crawley promised to keep the Department informed of any further developments regarding the question of the Federation’s status in relation to external affairs.

  1. See the memorandum of conversation by Feld, Oct. 13, p. 336.
  2. Not printed; the major points of the note are summarized in this memorandum of conversation.