CONSENT OF UNITED STATES TO EXTENSION OF PRIVILEGE OF SEARCH OF DOMICILES OF ITS NATIONALS ON CONDITION OF SIMILAR CONSENT BY OTHER POWERS 883.114 Liquors/11 The Secretary of State to the Chargé in Egypt (Winship) No. 355 WASHINGTON, February 23, 1928. SIR: The Department acknowledges the receipt of the Legation's despatch No. 154 of January 5, 1928, enclosing a note, with translation, received under date of December 28, 1927, from the Egyptian Foreign Office 33 requesting that this Government consent to extending to the hours from sunset to sunrise the privileges of searching the domiciles of its nationals for the purpose of facilitating the task of the agents of the Department of Excises (a proper translation of the word "Accises" not "Assizes" as in the Legation's translation) of the Egyptian Ministry of Finance in the investigation of premises under suspicion of concealing illegal distilleries. When the other Powers enjoying capitulatory privileges in Egypt shall have given their consent to such extension of the right of search you may convey this Government's consent to the Egyptian Government with the reservation that all searches shall be carried out under the restrictions created by the applicable treaties and the Protocol of 1874.34 For your information: The privilege of search was accorded the Turkish Empire in the terms of the Protocol of 1874 under the provisions and restrictions of which all searches of American domiciles in Egypt should be, and it is understood that they are, carried out. It should be understood, of course, that, if the request of the Egyptian Government be assented to under the conditions outlined above and an American national whose domicile is searched is found to have transgressed the applicable provisions of law in such a way as would subject him to penalties greater than those of simple police, the case should be turned over to the appropriate American consular court for action. In connection with this instruction your attention is invited to the Department's instruction No. 241 of December 10, 1925 $5 with respect to a similar request of the Egyptian Foreign Office; a request regarding search between sunset and sunrise in the execution of the Narcotic Law of March 21, 1925. I am [etc.] 83 Neither printed. For the Secretary of State: 84 Malloy, Treaties, 1776-1909, vol. I, p. 1344. 85 Not printed. 883.114 Liquors/12 The Chargé in Egypt (Winship) to the Secretary of State No. 259 CAIRO, May 16, 1928. SIR: I have the honor to acknowledge the receipt of instruction No. 355, dated February 23, 1928, file 883.114/29,86 and to report that notwithstanding the fact that the Ministry for Foreign Affairs has renewed its appeal to this Legation for its consent to extending to the hours from sunset to sunrise the privilege of searching the domiciles of its nationals for the purpose of facilitating the task of the agents of the Department of Excises of the Egyptian Ministry of Finance in the investigation of premises under suspicion of concealing illegal distilleries, this Legation has not conveyed the American Government's consent, as France, Italy, and Greece have withheld their consent. The notes from the Foreign Office were acknowledged, stating that the matter had been referred to the Department of State for a decision. I understand that Great Britain has accepted the above proposal with the reservation that the British Consular Officers should be informed in advance in each case and a representative of a British Consulate should be present. The French Minister informs me that the French law forbids, even in France, except in the case of "flagrant délit" perquisitions under the circumstances mentioned, and that the French Legation has informed the Egyptian Government that it cannot give satisfaction on this point as it would be an infringement of a national law. I am also informed by the Italian Minister, and the Greek Chargé d'Affaires that they have replied in a similar manner to the request from the Foreign Office. I am submitting these decisions of the other Powers, and should appreciate a further instruction as to what the Legation should reply to the Foreign Office. I have [etc.] 883.114 Liquors/13 NORTH WINSHIP The Secretary of State to the Chargé in Egypt (Winship) No. 377 WASHINGTON, June 25, 1928. SIR: The Department has received your despatch No. 259 of May 16, 1928 with further reference to the request of the Egyptian Government that this Government consent to extending to the hours from sunset to sunrise the privilege of searching the domiciles of American nationals for the purpose of facilitating the task of the agents of the Department of Excises of the Egyptian Ministry of Finance in the investigation of premises under suspicion of concealing illegal distilleries. The statements made in your despatch under acknowledgment of the information you have received regarding the positions adopted in this matter by the British as well as by the French, Italian and Greek representatives in Egypt have been noted. The British position appears to the Department to be substantially that taken by the Department in the second paragraph of its instruction No. 355 of February 23, 1928, for the reported British reservation "that the British Consular Officers should be informed in advance in each case and a representative of a British Consulate be present" is adequately covered by the pertinent provisions of the Protocol of 1874. The position reported to have been taken by your French, Italian and Greek colleagues that acquiescence in the Egyptian request would constitute "an infringement of a national law" is not taken by this Government. However, this Government would not wish to see its nationals in Egypt treated in a less favorable manner than the nationals of these or other countries. Having in mind, therefore, that there may not be general acquiescence on the part of the capitulatory powers in the present request of the Egyptian Government, the Department, in reply to the request for further instructions set forth in your present despatch, desires that you limit your reply to the Foreign Office note to an acknowledgment and statement of this Government's position in the following sense: "Excellency: I have the honor to refer to Your Excellency's notes of. and . .. as well as to my replies of . and with respect to the request of Your Excellency's Government that my Government consent to extending to the hours from sunset to sunrise the privilege of searching the domiciles of American nationals for the purpose of facilitating the task of the agents of the Department of Excises of the Egyptian Ministry of Finance in the investigation of premises under suspicion of concealing illegal distilleries. I am now pleased to inform Your Excellency, under instructions from my Government, that, if and when the other powers enjoying capitulatory privileges in Egypt give their consent to such extension of the privilege of search and on the condition which it assumes the Egyptian Government has likewise in mind that all searches shall be carried out under the restrictions created by the applicable treaties and the Protocol of 1874, the consent of the Government of the United States will be given, such consent to be effective as of the date on which notification thereof shall be communicated to the Egyptian Government. I am directed by my Government to add that it will of course be understood that, if, under the conditions outlined above, my Gov ernment's consent becomes effective and an American national whose domicile is searched is found to have transgressed the applicable provisions of law in such a way as would subject him to penalties greater than those of simple police, the case will be turned over to the appropriate American Consular Court for action." I am [etc.] For the Secretary of State: ETHIOPIA PROJECT FOR CONSTRUCTION OF A DAM AT LAKE TSANA1 884.6461 Tsana Dam/43 The Minister in Ethiopia (Southard) to the Secretary of State No. 18 ADDIS ABABA, April 26, 1928. SIR: I have the honor to transmit herewith a letter addressed to the J. G. White Engineering Corporation, which in response to an inquiry from the Corporation, explains briefly the present local status of the Lake Tsana dam matter. There may be further and more extensive comment within a few days and if such develops I shall prepare a detailed despatch for the Department. . . . ... I have [etc.] [Enclosure] ADDISON E. SOUTHARD The Minister in Ethiopia (Southard) to the J. G. White Engineering Corporation 2 ADDIS ABABA, April 26, 1928. SIRS: This is to acknowledge the receipt this week of your letter of March 16th, 1928, inquiring whether I have received through the Department of State the literature on the Tsana dam matter which you prepared for my information. I have received the literature and have studied it with much interest. I much appreciate your courtesy in sending the clippings as they have been very useful in refreshing my back-ground knowledge of the situation. You inquire also as to the next move expected from you by the Ethiopian Government. I have discussed this at some length with His Imperial Highness, the Prince Regent. He expects within the near future to have something definite to communicate in this connection. 1 Continued from Foreign Relations, 1927, vol. I, pp. 599–610. 2 Original forwarded to the president of the J. G. White Engineering Co. by the Chief of the Division of Near Eastern Affairs under covering letter, June 2, 1928. |