791.003/151: Telegram
The Secretary of State to the Minister in Persia (Philip)
60. Referring to your 73, July 17, 11 a.m. The competent officials of the Persian Government should be informed by you that the Department was surprised to learn of the interpretation given paragraph 2 of the provisional arrangement of May 14 by the treaty section of the Persian Foreign Office. The above-mentioned paragraph, from its very phraseology, clearly cannot be regarded as according the right to Persian nationals to enter the United States as nonimmigrant treaty aliens.
It should be made perfectly clear by you to the Persian Government that exactly identical treatment is accorded to Persian nationals, in [Page 745] regard to the acquisition of treaty-alien status, as is accorded to nationals of all other foreign states.
Treaty-alien visas can, under the law, be accorded only to nationals of those states which have present existing treaties with the United States, negotiated before May 26, 1924, and specifically according to such nationals the right to enter the United States in order to carry on trade between their own country and the United States. Nationals in the United States of those states enjoying most-favored-nation treatment have, furthermore, never been accorded the right of treaty alien status as an inherent part of most-favored-nation treatment. This situation holds true respecting France, Germany, and the great majority of the nations in the world.61
If you think it desirable, you may furthermore utilize the arguments below:
- (1)
- Having denounced the United States-Persian and other treaties, Persia obtained the abolition of the capitulations. Only by retaining the treaty with the United States could Persia have kept the treaty alien right for its nationals, a small compensation to Persia for the loss in other respects. In this connection you may remark that, according to the Department’s records, only two Persian nationals have requested and obtained visas since 1924 as treaty aliens. You may also state that the question of the status of Persian treaty aliens in the United States at present is not expected to be raised so long as these aliens remain in this country, thus maintaining their original status.
- (2)
- An unusual concession has already been made by the United States Government to Persia with the acceptance of a less favorable treatment regarding personal status, etc., than was accorded to Great Britain.
- (3)
- The Persian Government has specified, in defining the conditions under which American missionaries might carry on their work in Persia, that such activity should not contravene, inter alia, the “laws and regulations of Persia”. Likewise Persian nationals in this country are subject to United States laws and regulations, which apply equally to all foreigners here.
[In its instruction No. 654, March 14, 1929, to the Chargé in Persia, the Department of State transmitted a draft treaty of friendship, commerce and establishment for submission to the Persian Government (file No. 711.9111/1). The draft was submitted by the Chargé on April 14 to the Persian Minister of the Court, who remarked “that he hoped nothing would prevent its early conclusion” (file No. 711.9111/2). However, no further negotiations followed.]
- The Minister in Persia, in his despatch No. 651, July 26, 1928 (not printed), reported his explanations “that the withholding of this particular visa involved no discrimination against Persian nationals,” and so “the question might be considered settled”; received August 22. (File No. 791.003/160.)↩