851.4061 Motion Pictures/226

The Chargé in France (Marriner) to the Secretary of State

No. 2222

Sir: Referring to the Department’s telegraphic instruction No. 396 of October 4, 6 p.m., 1935, I have the honor to report that upon its receipt I requested Mr. Williamson35 orally but formally to present to the Ministry for Foreign Affairs the Department’s observations concerning the decree now under consideration designed to govern the status of the film industry in France. This he did on October 7.

The competent official at the Ministry confirmed the understanding that the text of the draft decree forwarded under cover of my despatch No. 2162 of September 12, 1935,36 is that which is before the interested Ministries for study. He personally characterized it as an altogether unsatisfactory effort, probably harmful alike to the French and foreign moving pictures industry. He stated that the measure has aroused a storm of domestic protest, a fact which the Embassy is in a position to verify. It was thought likely by him that the decree would undergo considerable alteration before being finally promulgated. Although it is expected that some time will elapse before agreement on the text is reached, it would appear that if it is to be published as a decree law such must be done prior to October 31, when the authority granted for the issuance of decrees “for the protection of the franc” expires.

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The Foreign Office official telephoned the pertinent representative of the Ministry of Commerce who affirmed that the draft decree is undergoing searching scrutiny and that it would probably be some time before the authorities were prepared to issue it. He would not commit himself as to whether substantial modification in its present form could be relied on. It is the Embassy’s understanding that the Ministry of Commerce feels it has done about all it can in making known its opposition to discrimination against foreign films. It does not seem to regard the provision which would require the respective theatres to show 30% French films as open to the same degree of criticism as the formerly proposed Lafont amendment which would have confined the benefits of certain tax reductions to those theatres exhibiting a stipulated percentage of French films. The active responsibility with regard to the proposed decree rests largely with the Ministry of National Education which is not credited with being as friendly as it might be towards foreign interests. It would nevertheless appear hardly likely that the Ministry can completely ignore the objections to the draft decree formulated by domestic groups and undoubtedly the Ministries of Foreign Affairs and Commerce will have some voice in the matter prior to the signature of the decree.

As to the provisions for the protection of American films which the Department has requested be incorporated in the commercial treaty, the Foreign Office official stated that they could not be included in the instructions which are about to be given the French Ambassador at Washington. He pointed out that it is obviously impossible to give commitments relative to precise film “quotas” for foreign countries until the projected film decree has taken definite form. To do so would be to risk running counter to the contemplated interior legislation. He was nevertheless emphatic in stating that, once the content of the decree were determined upon, supplementary instructions would be issued, probably in about three weeks’ time, looking towards giving satisfaction to American interests through the vehicle of the commercial treaty.

It was learned that while the instructions and counter-proposal in the commercial treaty negotiations were yesterday not yet completed they will be by the time M. de Laboulaye37 sails for the United States on October 9. A sanguine attitude was displayed relative to the ability to reach an agreement, although it was intimated that the treaty might not be quite so wide in scope as visualized a few months earlier. Emphasis again was laid upon the necessity of securing more material tariff reductions for French cigarette paper, wines and champagne and Calais lace. If this is accorded it was stated that some very attractive [Page 242] quota concessions may be granted the United States, notably as concerns apples and pears, where the full quota asked (“and that is a very large one”, it was remarked) could be given. In answer to an inquiry relative to whether the French Government is prepared to consolidate certain tariff items it was stated that a new and alternative formula has been evolved which it is believed will afford satisfaction to the United States on this score. While the Embassy is unacquainted with the character of this formula and consequently ignorant as to its worth, it is inclined to feel that it would be impracticable to insist on out and out tariff rate consolidation, which the present policy of the French Government renders very difficult if not impossible to accord. Some compensating assurances that the advantages secured in the treaty shall not be emasculated by subsequent augmentations in rates it is however recognized are highly desirable.

Respectfully yours,

Theodore Marriner
  1. Harold L. Williamson, Second Secretary of Embassy.
  2. Not printed.
  3. André de Laboulaye, French Ambassador in the United States.