Papers relating to the foreign relations of the United States, 1928, Volume III

711.60p2/40

The Minister in Latvia (Coleman) to the Secretary of State

Riga, July 26, 1928.
[Received August 13.]

No. 5477

Sir: I have the honor to refer to the Department’s Instruction No. 539, of July 10, 1928, inclosing, for exchange, the President’s instrument of ratification of the Treaty of Friendship, Commerce and Consular Rights between the United States and Latvia, signed at Riga on April 20, 1928, and to my telegram No. 64, of July 25, 12 noon, 1928,⁵³ announcing that ratifications were exchanged on July 25, 1928, at 12 o’clock noon. The Latvian instrument of ratification, dated June 29, 1928, and the United States copy of the signed protocol of exchange are enclosed.⁵³

In compliance with the Department’s Instruction referred to above, the Legation withdrew its Note of January 7, 1928, to the Latvian Foreign Office,⁵³ regarding Article 27, and explained orally and by Note, a copy of which is enclosed, the United States Government’s construction of the most-favored-nation clause with respect to consular privileges and immunities and in particular in respect of fiscal concessions to consular officers as conditioned on reciprocity. Mr. Munter, who is in charge of the Foreign Office section which negotiates and assists in the enforcement of commercial treaties accepted the construction placed upon the article by the Department. He requested, however, that the Foreign Office be informed if the American Government construed the most-favored-nation clause in respect of other obligations which it has undertaken in the Treaty as conditioned on reciprocity.

With respect to immunities to be granted American Consular Officers, Mr. Munter stated that the Foreign Office would consult with the appropriate Department of the Latvian Government regarding the advisability of giving assurances in writing that it would accord the privilege of free entry of personal property during their incumbency to Consular Officers of the United States in Latvia The Latvian Government has been granting this privilege to American Consular Officers since the signing of the Treaty, and Mr. Munter stated that notwithstanding the withdrawal of the Legation’s Note of January 7, 1928, it would continue to do so, at least temporarily.

I have [etc.]

F. W. B. Coleman

[Enclosure]

The American Minister (Coleman) to the Latvian Minister for Foreign Affairs (Balodis)

Riga, July 24, 1928.

Excellency: I have the honor to inform Your Excellency that I am now in receipt of documents from my Government granting me full power to exchange the instruments of ratification of the Treaty of Friendship, Commerce and Consular Rights between the United States and Latvia, signed at Riga on April 20, 1928, and to state that I am prepared to effect such an exchange at a time convenient to Your Excellency.

My Government desires me at this time, however, to point out that it has long been its policy to construe the most-favored-nation clause in respect of consular privileges and immunities and in particular in respect of fiscal concessions to consular officers as conditioned on reciprocity. This rule would be applied by my Government in the construction of the most-favored-nation clause as agreed to in Article XXVII of the Treaty with Latvia. The most-favored-nation provision in Article XXVII would not be construed as embracing the specific privilege of free entry of personal property of consular officers during their incumbency, which the Latvian Government objected to including expressly in the Treaty, and as obligating the United States to accord this privilege to Latvian consular officers in the United States, unless the same privilege is in fact accorded to consular officers of the United States in Latvia.

My Government has also authorized me to inform Your Excellency that it will be glad to accord the privilege of free entry of personal property during their incumbency to Latvian consular officers in the United States by administrative action whenever it receives assurances from the Latvian Government in writing that the same privilege will be accorded to American consular officers in Latvia.

I avail myself [etc.]

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