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To the Chargé in Germany (tel.)

Instructions to submit opinion on the exact situation and to furnish such statistical material and facts as will suggest how seriously the matter may be regarded and if an absolute embargo or the present restrictions are justified.

From the Chargé in Germany (tel.)

Report that feeding tests would seem to indicate that there is something wrong with the barley, and that results of official laboratory tests may be known in a few days; information that agrarian interests are pressing toward a complete embargo but that Foreign Office appears desirous of avoiding such drastic action.

To the Chargé in Germany (tel.)

Receipt from German Embassy of report that American consul at Hamburg has declined to certify under seal as to identity of particular shipments of American barley; authorization to instruct consuls to perform such certifications when samples are accompanied by full affidavits.

To the Chargé in Germany (tel.)

Memorandum handed to the German Ambassador containing statement of U. S. position regarding present situation, and accompanying statement by the Department of Agriculture dealing with technical and scientific phases (texts printed).

From the Chargé in Germany (tel.)

Probability of complete embargo; information that agrarian interests are bringing such pressure on Foreign Office that it is now apparently helpless.

From the Chargé in Germany (tel.)

Understanding that embargo will be deferred for the present and that scientific tests have so far failed to produce definite explanation regarding noxious character of the barley.

To the Chargé in Germany (tel.)

Observation that imposition of an absolute embargo might, without well-established scientific findings, lend color to the belief held in certain quarters that German Government's action is more influenced by financial and economic factors than by scientific considerations; authorization for representations in this sense in case of an emergency.

From the Chargé in Germany (tel.)

909

909

911

911

914

914

915

917

Confidential information from Foreign Office that danger of embargo seems past.

Nov. 7 (235)

From the Chargé in Germany (tel.)

917

Statistics concerning imports and rejections of grade 2 barley at Bremen and Hamburg.

Nov. 13 (238)

From the Chargé in Germany (tel.)

917

Extension of barley import restrictions to December 31.

Dec. 29 (4205)

From the Ambassador in Germany

918

Further extension of restrictions to February 28, 1929.

GERMANY

NEW GERMAN REGULATIONS RESTRICTING IMPORTATION OF FOREIGN MOTION

PICTURE FILMS

Date and number

1928 Dec. 17 (130)

Dec. 21 (260)

Dec. 22 (4198)

Subject

To the Ambassador in Germany (tel.)

Request of Motion Picture Producers and Distributors Association for assistance in connection with protest against new German regulations governing importation of foreign films; instructions to investigate and submit recommendations for possible representations.

From the Ambassador in Germany (tel.)

Doubt that strong case for formal protest can be made; suggestion for informal efforts and for united agreement among the chief American film companies upon a common attitude. From the Ambassador in Germany

Page

918

919

919

German decree, December 11, regulating film importations (text printed).

Dec. 26 (134)

To the Ambassador in Germany (tel.)

922

Dec. 28

(263)

Instructions to protest retroactive nature of the decree in its effect on companies such as United Artists.

From the Ambassador in Germany (tel.)

Suggestion that protest on behalf of United Artists would not be opportune in view of their pending negotiations with German authorities for adjustment of their status as affected by the new regulations and the fact that question of representations on behalf of all American companies has not yet been decided.

922

APPLICATION OF ARTICLE XIV OF THE TREATY OF DECEMBER 8, 1923, WITH RESPECT TO LICENSES FOR COMMERCIAL TRAVELERS

1928 Aug. 31 (III A 3479)

Oct. 26

From the German Chargé

Request for statement concerning nonrequirement by the
United States of the licenses and certificates for commercial
travelers provided under article XIV of the U. S.-German
treaty of December 8, 1923; willingness to issue cards of occu-
pational identity to American commercial travelers who come
to Germany without the certificate required in the treaty.
To the German Chargé

Nonobjection to public announcement that foreign com-
mercial travelers are not required to take out licenses, nor are
they taxed for the right of carrying on business in the United
States; request for statement showing procedure which will be
followed in Germany in issuing cards of occupational identity.
(Footnote: Receipt of German note dated July 29, 1929,
containing the information requested.)

923

925

GERMANY

TAKING BY CONSULAR OFFICERS OF TESTIMONY ON OATH OF NATIONALS OF COUNTRY WHERE CONSULAR OFFICERS RESIDE

Date and number

1928 Undated [Rec'd Aug. 29]

From the German Embassy

Dec. 26

1929 Mar. 22 (VZ 327)

Subject

Request to be informed whether or not an American citizen who has declared his willingness to give testimony before a German consular officer in the United States could be prosecuted for perjury if in such testimony he made a false statement under oath.

To the German Embassy

Opinion that, because there is no U. S. law authorizing German consular officers to administer oaths, American citizens giving false testimony before them would not be liable to prosecution for perjury. Request for confirmation of understanding that German Government objects to the taking of depositions of German nationals by American consular officers in Germany.

From the German Embassy

Adherence to opinion that no authority can be inferred for
American consular officers to take testimony under oath from
German nationals in Germany.

Page

926

927

928

ARRANGEMENT BETWEEN THE UNITED STATES AND GERMANY FOR RECIPROCAL FREE-ENTRY PRIVILEGES FOR NONCOMMISSIONED PERSONNEL OF EMBASSIES

AND CONSULATES

1927 Jan. 25 (1895)

From the Ambassador in Germany

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Suggestion for proposal to German Government that noncommissioned Embassy personnel be granted free-entry privileges; information that German Government now grants freeentry privileges to noncommissioned consular personnel.

To the German Ambassador

Notification that upon request in each instance arrangements will be made for the extension of free-entry privileges to German noncommissioned personnel of German consulates.

To the Ambassador in Germany

Instructions to advise Foreign Office of U. S. willingness to enter into reciprocal arrangement for extending free-entry privilege to noncommissioned Embassy personnel, including domestic servants.

From the German Chargé

Interpretation of the terms "consular officers" and "suites" as contained in article 27 of the U. S.-German treaty of December 8, 1923, in connection with proposed free-entry privileges for noncommissioned consular personnel; inclusion of excise taxes in the category of taxes from which imports by such persons are to be exempt. Request to be advised if this interpretation is shared by U. S. Government.

From the Ambassador in Germany

Foreign Office note of April 16 (text printed) stating that free-entry privileges for office and chancery personnel of the Embassy will be granted at once, but that such privileges may not be extended to domestic servants.

929

930

930

931

932

GERMANY

ARRANGEMENT BETWEEN THE UNITED STATES AND GERMANY FOR RECIPROCAL FREE-ENTRY PRIVILEGES FOR NONCOMMISSIONED PERSONNEL OF EMBASSIES AND CONSULATES-Continued

Date and number

Subject

Page

1928 Nov. 17

To the German Ambassador

933

Nov. 24

Dec. 20

Nonobjection to interpretation of the terms "consular officers" and "suites"; declaration that, while consular officers and consular employees are not exempted from excise taxes by virtue of the U. S.-German treaty, arrangements could be made for exemption of consular officers by application of the most-favored-nation clause and article 15 of the U. S.-Spanish treaty of 1902.

From the German Ambassador

Reservation of right to make further communication on the subject of interpretation of article 27.

(Footnote: Receipt of further note from the German Ambassador, January 8, 1930.)

To the German Ambassador

Information that a special reciprocal agreement has been entered into between the German and U. S. Governments whereby the noncommissioned Embassy personnel of the two Governments are to be accorded free-entry privileges; observation that domestic servants employed at the German Embassy in Washington will not be accorded such privileges.

935

935

REPRESENTATIONS BY THE GERMAN GOVERNMENT REGARDING SPECIAL TAX ON THE USE OF CERTAIN FOREIGN-BUILT BOATS IN THE UNITED STATES

1927 Jan. 8

From the Secretary of the Treasury

Opinion that the effect of section 702 of the Revenue Act of 1926, which imposes a special tax on the use of certain foreignbuilt boats, is not to impose a different tax on German merchandise than on American merchandise, and that the act does not violate the provisions of the U. S.-German treaty of December 8, 1923.

936

Nov. 29

From the German Embassy

938

Dec. 30

Inability to agree that the special tax does not violate the
U. S.-German treaty, and request for abolition of the tax.
From the Secretary of the Treasury

942

1928 Mar. 20

Adherence to conclusion expressed in letter of January 8; suggestion, however, that no objection is seen to bringing matter to attention of the Senate Committee on Finance.

To the Chairman of the Committee on Finance of the United
States Senate

Transmittal of the special tax correspondence, with sugges-
tion that, as section 702 of the Revenue Act may possibly consti-
tute a violation of the spirit of the U. S.-German treaty, it may
well be considered in connection with new legislation.

943

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Transmittal of draft treaty of arbitration extending arbitration policy enunciated in U. S.-British arbitration treaty of April 4, 1908.

To the British Ambassador

946

1928 Mar. 20

May 22 (1437)

Oct. 17 (231)

Suggestions for changes to be incorporated in draft treaty
in interest of uniformity of negotiations being conducted with
other governments and to make it clear that the U. S.-British
treaty of September 15, 1914, will in nowise be modified.
To the Ambassador in Great Britain

Proposal by British Ambassador that arbitration treaty of
1908 be extended by exchange of notes while the new treaties
are being negotiated.

To the Ambassador in Great Britain (tel.)

Information that suggestion for prolonging treaty of 1908 proved impracticable; instructions to inquire whether Foreign Office will soon furnish British Embassy at Washington with instructions.

947

947

Oct. 18 (223)

From the Chargé in Great Britain (tel.)

948

Report that Foreign Office is awaiting replies from the
Dominions.

Oct. 30 (711)

From the Minister in Canada

948

Expectation of Canadian Government that it will soon hear from British Government.

Nov. 28 (756)

949

1929 Jan. 21 (11)

Jan. 30 (822)

Jan. 31 (3335)

From the Minister in Canada

Canadian preference for settlement of Canadian-American questions by International Joint Commission established under Boundary Waters Treaty rather than by arbitration under the general arbitration treaty.

To the Minister in Canada (tel.)

Instructions to advise the Canadian authorities of U. S. opinion that the arbitration provisions of each treaty would operate concurrently and that it would be unnecessary to refer in new treaty to the special provisions in Boundary Waters Treaty for settling Canadian-American questions.

From the Minister in Canada

Opinion of Canadian Cabinet that boundary waters treaty, rather than any arbitration treaty with Great Britain, should cover all purely Canadian-American questions, and that the International Joint Commission should be mentioned in the proposed treaty.

From the Ambassador in Great Britain

Announcement to the House of Commons by the Foreign Secretary that, although further replies had been received from the Dominions, additional exchanges of opinion would be necessary before a definite reply was reached.

(Footnote: Information that on October 8 the Department was informally advised that delay in replying to the American position was due to Foreign Office reexamination of the whole arbitration policy; also that no further communication on the subject appears to have been made by the British Government.)

950

951

951

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