EXCELLENCY: RELATED NOTES The Secretary of State to the French Ambassador WASHINGTON With reference to the second paragraph of Article II of the Trade Agreement signed this day on behalf of the United States of America and the French Republic, I have the honor to advise your Excellency that, pursuant to the understanding reached in the course of the negotiations of the said Agreement, I will recommend that the Congress of the United States of America be requested at its next session to take appropriate legislative action to remove the discriminatory tax provided for in Section 601 (c) (5) of the Revenue Act of 1932, with respect to coal, coke manufactured therefrom, or coal or coke briquettes originating in French Indochina or any other territory under the sovereignty of France. Accept, Excellency, the renewed assurances of my highest consideration. During the course of the negotiations which have resulted in the conclusion of the Trade Agreement signed as of today's date between the United States of America and the French Republic, it has been indicated that most-favorednation treatment is now accorded by the United States to products originating in Tunisia, Morocco, the states of the Levant under French mandate and the African territories of Togoland and the Cameroon under French mandate. The Government of the United States of America declares that it is in conformity with its policy to continue to accord most-favored-nation treatment to the commerce of the countries or territories referred to above so long as they do not subject the commerce of the United States to discriminatory treatment. Accept, Excellency, the renewed assurances of my highest consideration. CORDELL HULL His Excellency ANDRÉ DE LABOULAYE, Ambassador of France. SUPPRESSION OF CUSTOMS FRAUDS Exchange of notes at Paris December 10 and 12, 1936 Entered into force December 15, 1936 50 Stat. 1468; Executive Agreement Series 99 The Minister of Foreign Affairs to the American Ambassador MINISTRY OF FOREIGN AFFAIRS Office of Administrative Affairs and International Unions PARIS, December 10, 1936 MR. AMBASSADOR: I have the honor to advise Your Excellency that the French Government is disposed, on condition of reciprocity, to apply, on and after December 15, 1936, the following provisions, with a view to the suppression of customs frauds, through the mutual assistance of the French and American Customs Administrations. "Article I. The Customs Administration of the United States of America and the French Customs Administration shall promptly communicate to each other all information at any time in their possession concerning imports and exports which might facilitate the suppression of smuggling or fraud in the other country." "Article II. Concerning direct or indirect shipments of merchandise between the United States of America or its possessions and France or its possessions, each of the Administrations concerned shall send directly to the other, upon the latter's written request, all information which may be gathered from documents in its possession (entries, registration records, declarations, and other customs documents). Such documents, or duly authenticated or certified copies thereof, may be used as evidence in proceedings or prosecutions in the courts." "Article III. The appropriate officers of the Governments of the United States of America and France, respectively, shall furnish upon request to duly authorized officers of the other Government information concerning clearances of vessels or the transportation of cargoes, when the importation or exportation of any of the cargo carried is prohibited, restricted, or subject to the payment of duties or other exactions, or when the requesting officers suspect that the owners or persons in possession of any of the cargo intend to violate the laws of the requesting Government, in respect of such cargo." "Article IV. It is agreed that the customs and other administrative officials of the Government of the United States of America and France, respectively, shall upon request of the competent authorities of one Government made of the competent authorities of the other Government, be directed to attend as witnesses and to produce such available records and files, or duly authenticated or certified copies thereof, as may be considered essential to the trial of civil or criminal cases in the courts of the country on whose behalf the request was made, and as may be produced compatibly with the public interest of the country of which the request was made." "The cost of transcripts of records, depositions, certificates and letters rogatory in civil or criminal cases, and the cost of first-class transportation both ways, maintenance and other proper expenses involved in the attendance of such witnesses shall be paid by the Government requesting their attendance not later than at the time of their discharge by the court from further attendance at such trial. Letters rogatory and commissions shall be executed with all possible despatch and copies of official records or documents shall be authenticated or certified promptly by the appropriate officials in accordance with the provisions of the laws of the respective countries." Please accept, Mr. Ambassador, the assurances of my very high consideration. I have the honor to acknowledge the receipt of Your Excellency's note of December 10, 1936, concerning cooperation between the Customs Services of the United States of America and France for the suppression of frauds, and, in reply, to state that the American Government agrees to the following provisions, to become effective December 15, 1936, for this purpose: [For text of provisions, see French note, above.] I avail myself of this occasion to renew to Your Excellency the assurance of my highest consideration. His Excellency Monsieur YVON DELBOS, Minister of Foreign Affairs, Paris. WILLIAM C. BULLITT |