The above-quoted paragraph clearly accords to Russian nationals and companies the same rights as nationals of the High Contracting Parties, such preferential treatment to be enjoyed by them until the recognition of a Russian Government shall permit Russia to adhere to the Treaty.

As Your Excellency's Government is aware, the Government of the United States has not recognized the regime now functioning in Russia, and in these circumstances the Government of the United States regrets that it cannot see its way, in view of the express terms of the Treaty, to consent to the adherence thereto by the regime now functioning in Russia.

Moreover, since the rights of Russian nationals and companies in Spitsbergen are expressly safeguarded under the provisions of the present Treaty, the Government of the United States fails to find that it is necessary or desirable to consider at this time the modification of the existing Treaty with a view to permitting the adherence thereto by the regime now functioning in Russia. Accept [etc.]

FRANK B. KELLOGG

ASSENT BY PRESIDENT COOLIDGE TO PROVISIONS IN THE POLISHSWISS ARBITRATION TREATY FOR INVOKING THE ASSISTANCE OF THE PRESIDENT OF THE UNITED STATES UNDER CERTAIN CONTINGENCIES

754.60 c 12/1

The Polish Minister (Wróblewski) to the Secretary of State 31

WASHINGTON, April 15, 1925.

SIR: The Government of the Republic of Poland and the Government of the Swiss Republic signed in Bern on March 7, 1925, a Treaty of Arbitration,32 Articles 3 and 14 of which provide for invoking the assistance of the President of the United States under circumstances stated therein.

A translation of the text of Articles 3 and 14 of the Treaty follows:

ARTICLE 3

Within six months after the exchange of ratifications of the present Treaty the Contracting Parties shall establish a Permanent Conciliation Commission composed of five members.

Each of the Parties shall appoint one member of its own choice and the three other members shall be selected by agreement. These three members shall not be nationals of the Contracting Parties nor

31

22

An identic note dated April 16 was received from the Swiss Minister.

League of Nations, Treaty Series, vol. L, p. 261.

have their domicile on their territory nor be employed in their service.

The Chairman of the Commission shall be selected by agreement from among the members appointed in common. In case of failure of the Parties to agree, the Chairman shall be designated, at the request of the Parties, by the President of the United States of America if he so consents.

The members of the Commission shall be appointed for three years. Unless the Parties agree to the contrary the members designated in common shall not be removed during the period for which they were appointed.

ARTICLE 14

When, by virtue of the terms of Article 1 of the present Treaty, a difference shall be submitted for arbitration the arbitral tribunal shall be established by agreement between the Parties.

If the Parties should be unable to agree on the constitution of the tribunal within a period of three months from the day when one of the Parties shall have addressed to the other a request for arbitration, the following procedure shall be followed:

Each Party shall name two arbitrators of which one must be taken from the list of members of the Permanent Court of Arbitration and chosen to the exclusion of its own nationals. The arbitrators so designated shall together choose the Chairman of the tribunal. In case of an equal division of votes the selection of the Chairman shall be entrusted to the President of the United States, if he so consents.

Acting on instructions from my Government, I beg to inquire if it is agreeable in principle to the President of the United States that the Parties should so provide for invoking the assistance of the President in the circumstances described in Articles 3 and 14.

It is understood that an identic note is being presented by the Swiss Minister on behalf of his Government. Accept [etc.]

W. WRÓBLEWSKI

754.60 c 12/1

The Acting Secretary of State to the Polish Minister (Wróblewski) s

WASHINGTON, April 18, 1925.

SIR: I have the honor to acknowledge the receipt of your communication of April 15, 1925, in which you inform me that the Government of the Republic of Poland and the Government of the Swiss Republic signed in Bern on March 7, 1925, a Treaty of Arbitration, Articles 3 and 14 of which provide for invoking the assistance of the President of the United States under circumstances stated therein. Your note embraces a translation of the text of Articles 3 and 14 of that treaty.

The same, mutatis mutandis, to the Swiss Minister.

You inform me that, acting under instructions from your Government, you inquire if it is agreeable in principle to the President of the United States that the parties should so provide for invoking the assistance of the President in the circumstances described in Articles 3 and 14.

It appears therefrom that, under a certain contingency, the Chairman of the Permanent Conciliation Commission shall be designated, at the request of the parties, by the President of the United States of America if he so consents; and also that, under a certain contingency, the selection of the Chairman of the Tribunal of Arbitration which may be established pursuant to the Convention shall be entrusted to the President of the United States, if he so consents. I have to inform you that the President desires me to thank the Government of Poland, through your good offices, for the courtesy and compliment implied in your inquiry, and to assure you that it is entirely agreeable in principle to him that the parties to the treaty should so provide for invoking the assistance of the President in the circumstances described in Articles 3 and 14.

An identic note is being transmitted to the Swiss Minister at this capital for the information of his Government. Accept [etc.]

J. V. A. MACMURRAY

UNSUCCESSFUL EFFORTS TO HAVE AMERICAN CUSTOMS ATTACHÉS ACCORDED DIPLOMATIC STATUS

102.1702/137

The British Ambassador (Howard) to the Secretary of State

No. 329

WASHINGTON, March 31, 1925.
[Received April 2.]

84

MY DEAR MR. SECRETARY: With reference to our conversation of the 28th instant respecting the appointment of Treasury or Customs Attachés to United States Embassies abroad, I have the honour to enclose herewith, as you requested, a memorandum on the subject which explains the views of His Majesty's Government and the objections they entertain to such officers having diplomatic status. and privileges.

Believe me [etc.]

ESME HOWARD

See circular instruction of April 2 to certain diplomatic and consular officers,

p. 212.

[Enclosure]

The British Embassy to the Department of State

AIDE-MÉMOIRE

On January 13th, 1925 an Act of the 68th Congress, identified under the number H. R. 9076, providing for the organization of the United States Customs Service was approved.35 Amongst other things, the Act authorizes the Secretary of the Treasury to appoint such number of "Customs Attachés" for duty in foreign countries and of Customs agents as he may deem necessary, all of whom shall perform their duties as defined by existing law or prescribed by the Secretary of the Treasury, under the immediate supervision of the director, special agency service of the Customs: "Provided, that any officer of the Customs Service designated by the Secretary of the Treasury for foreign service shall, through the Department of State, be regularly and officially attached to the diplomatic mission of the United States in the countries in which they are to be stationed."

His Britannic Majesty's Principal Secretary of State for Foreign Affairs has taken note of the provisions of this law. He understands that, so far as the Act relates to United States Customs agents stationed abroad, its purpose is to regulate their selection and to bring their activities and methods under closer and more responsible control. Mr. Chamberlain assumes, however, that it is not intended by the United States Government to give to these officers a diplomatic status or to ask foreign Governments to afford recognition to them as diplomatic officers. From recent conversations and correspondence in London and in Washington, Mr. Kellogg will be aware that His Majesty's Government felt obliged, as long ago as June, 1923, to raise objections to the activities of these officers in British territory in so far as those activities involved enquiries into costs of production. Mr. Chamberlain feels confident that the Secretary of State will agree with him that the activities of Customs or other revenue investigators cannot be regarded as falling within the scope of diplomatic duties.

142.15/2326

The Secretary of State to Certain Diplomatic and Consular Officers

WASHINGTON, April 2, 1925.

36

SIRS: There have arisen from time to time in certain foreign countries misunderstandings concerning the purpose and the nature of

25 43 Stat. 748.

26

i. e., those in countries in Europe with which the United States maintained diplomatic relations, and in China and Japan.

the activities abroad of Customs Attachés (formerly called Customs representatives) of the United States Treasury and of representatives and investigators of the United States Tariff Commission. The following data are presented for your more complete information and for your guidance in this matter and in order that you may communicate this information to the government to which you are accredited in case the activities of these agents are questioned by it and the Department specifically instructs you to take up the matter.

CUSTOMS ATTACHÉS

You will observe by reference to Section 402 (a) of the Tariff Act of 1922 37 that the value of merchandise imported into the United States is defined as:

(1) The foreign value or the export value, whichever is higher; (2) If neither the foreign value nor the export value can be ascertained to the satisfaction of the appraising officers, then the United States value;

(3) If neither the foreign value, the export value, nor the United States value can be ascertained to the satisfaction of the appraising officers, then the cost of production.

In the ordinary course, the declaration of value made by the importer for purposes of entering goods at the customs, together with the consular invoice of the shipment and comparative values of such or similar merchandise, affords sufficient information to enable the appraiser to make a satisfactory valuation of the goods. However, it sometimes occurs that the appraiser has reason to believe that the valuation at which the goods are entered is less than the current foreign value or export value of the goods as defined in the Tariff Act. In this connection it is important to observe that the dutiable value of a particular consignment of goods is not necessarily the price at which they were bought abroad for importation into the United States, but is the current foreign value or export value of such or similar goods at the time of exportation.

In cases where the customs appraiser is not satisfied as to the valuation entered and has not available data upon which he can base a valuation, he will find it necessary to cause an investigation to be made abroad to ascertain these data. For the purpose of this instruction, these will be divided into ordinary "market value" and "cost-of-production" investigations, numbered 1 and 2 herein. make such investigations, the United States Treasury Department has assigned a number of customs attachés to foreign posts. These customs attachés in the foreign field are the authorized representatives of the Secretary of the Treasury and function as instrumen

* 42 Stat. 858.

To