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No. 221

The American Ambassador to the Minister of Foreign Affairs

EXCELLENCY:

EMBASSY OF THE
UNITED STATES OF AMERICA
Paris, February 18, 1937

I have received Your Excellency's note enclosing a copy of the decree of the French High Commissioner in Syria, No. 292/LR of December 20, 1934, which was destined to make precise the privileges granted in the exchange of notes between M. Poincaré and Ambassador Herrick, dated, respectively, November 2, 1923, and December 18 of the same year, for the American educational, religious and philanthropic institutions in Syria and the Lebanon. I note that you invite the comment of my Government.

This matter has been made the subject of considerable correspondence between the Embassy and the Ministry, and the Consulate General at Beirut and the High Commission, and my Government has always reserved the rights granted it by the Convention between the United States of America and France regarding the Mandate for Syria and the Lebanon, dated April 4, 1924, and more specifically mentioned in the exchange of notes above referred to, and therefore will consider Decree No. 292/LR of December 20, 1934, as an interpretation of the privileges granted, subject to two modifications:

First, the liberalization of the amounts to be imported free of duty by the American University of Beirut. The desire for this modification arises from the fact that scientific instruments, equipment for teaching, hospitals, etc., which must all be imported by the University, create a proportion of importation relative to the number of students far higher than similar importations which might be required by secondary institutions and other foundations. Therefore, the creation of a special category for institutions of university standing might be in the public interest in the Mandated areas, particularly since devaluation has lessened the import value of the present allowances.

Second, it is suggested that, in case the American educational, religious and philanthropic institutions appeal from a decision of the customs inspectors, either as to amounts or classifications, no payment be made until the appeal shall have been heard and decided by the highest customs authorities. The reason which motivates this request is that appeals under the present régime tie up philanthropic funds for considerable lengths of time until decisions are acted upon, after which claims may be entered for the return of the money, and there is a long tie-up of funds destined entirely for eleemosynary purposes, as well as unnecessary administrative delay and inconvenience to both parties.

'TS 695, ante, p. 925.

Should Your Excellency be able to consent to the two above mentioned modifications of Decree 292/LR of December 20, 1934, my Government will be most happy to consider the decree so modified as a satisfactory interpretation of the rights granted it by treaty and interpreted in the exchange of notes, by which it receives most favored nation treatment in this respect. I avail myself of this occasion to renew to Your Excellency the assurance of my highest consideration,

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I have received your note of to-day's date setting forth the observations of your Government on the customs regime for American educational, religious and philanthropic institutions, and suggesting certain modifications which your Government feels would make less difficulty in the interpretation of the rights granted by the Convention between the United States of America and France regarding the Mandate for Syria and the Lebanon, dated April 4, 1924, and the exchange of notes of November 2, 1923, and December 18 of the same year.

My Government, which has been moved in its action in this matter by the desire to interpret the spirit of its international engagements for the best interests of the States of the Levant under French Mandate, is pleased to accept the modifications of that interpretation which you suggest, and will take the necessary measures in order to make the following modifications in the texts of the current laws:

Paragraph (d) of Article 248 of the Customs Code shall be rectified as follows:

(d) Articles and products imported by establishments of technical and general education for the instruction of their pupils:

The value of merchandise annually admissible in franchise may not exceed 1,500 Libano-Syrian piasters per pupil for establishments of primary and secondary grade; and 2,500 Libano-Syrian piasters per pupil for establishments of university grade.

Article 251 of the Customs Code shall be completed as follows:

"In general, the sums receivable on any privileged importation shall be paid

into the account of the Customs. However, the latter may accept in lieu of the above-mentioned payments the guarantee of a bank previously consented to by the head of the interested Customs office, whenever the total of the amounts to be paid in shall exceed 1,000 Libano-Syrian pounds; or the deposit of a pledge by the foreign beneficiary establishment, transmitted by its Consul."

Please accept, Mr. Ambassador, the assurances of my highest consideration,

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The High Commissioner of the French Republic,

Considering the decrees of the President of the French Republic dated November 23, 1920, and July 16, 1933,

Considering Decree No. 137/LR of June 15, 1935, called "Code des Douanes", and subsequent decrees making modifications Nos. 1 to 13 in this Code,

DECREES:

ARTICLE 1. Decree No. 137/LR of June 15, 1935, called "Code des Douanes" is modified or completed as follows:

Article 248 Section d-Last paragraph.-To be replaced by the following text:

The value of merchandise admitted annually free of duty may not exceed 1,500 Syrian piasters per pupil for establishments of primary or secondary instruction, and 2,500 Syrian piasters for university establishments.

Article 251. To be completed as follows:

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or the deposit of a guarantee of the foreign institution in question transmitted by its consul.

Article 334. The first paragraph to be replaced by the following text: The Customs Administration is exempted from stamp formalities for all instruments which it might be called upon to produce or to demand judicially, as well as from payment of all judicial expenses occasioned by the actions

which it might have to initiate or to defend judicially. It is likewise exempted from all costs of executions of judgments, and the Treasury's preferential claim cannot be alleged against the full exercise of its rights.

Article 351. New text:

For the recovery of all rights, fines, confiscations and restitutions, the Customs Administration disposes of a general privilege upon the movable patrimony of its debtors. This privilege may be exercised under all circumstances, even in case of bankruptcy and by preference over all debts, except those for the conservation of the subject matter (res), for judicial costs incurred by third parties, and claims benefited by general privilege upon household effects.

It has first claim on sums deposited by the debtors as a preliminary to an opposition or appeal.

Article 351 bis, new.

The bondsman who pays to the Customs the amount guaranteed is subrogated in the rights, privileges and mortgages of the Administration.

Furthermore, the Customs may, without the consent of the debtor, cede or transfer to any third party, even to joint debtors and even when the right may be doubtful or the object of judicial action, any debt which is due to it by any right whatsoever, and may confer upon the grantee or beneficiary subrogation in its rights, privileges and mortgages against the debtor and his bondsman.

The subrogation granted by the Customs shall be exercised always for the benefit of the titular owner in the same conditions under which the Administration would exercise it.

In any case, the person subrogated enters into the rights, privileges and mortgages of the Administration after payment into the funds of the Customs of the amount of the obligation. The quality of subrogation is established, without further formality, by the receipt delivered by the Customs which defines the conditions and limits of the subrogation.

ARTICLE 2. The Secretary General and the Inspector General of Customs are charged, each within his own province, with the execution of the present decree.

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VISA FEES

Exchange of notes at Paris January 12 and 14, 1938

Entered into force January 15, 1938

Replaced January 1, 1947, by agreement of November 20 and December 10, 19461

No. 836

52 Stat. 1513; Executive Agreement Series 125

The American Ambassador to the Minister of Foreign Affairs

EXCELLENCY:

EMBASSY OF THE

UNITED STATES OF AMERICA
Paris, France, January 12, 1938

I have the honor to confirm to Your Excellency in the following terms the tentative agreement reached as a result of informal discussions between the competent bureau of the Ministry of Foreign Affairs and this Embassy for a reciprocal increase of the tariff for passport visas charged by the Governments of France and the United States:

(a)-Passport visas issued to American citizens by French Consuls will be valid for two years, unless the passport is valid for a lesser period, in which case the visa will be valid only during the period of validity of the passport. The visa will give the right to enter France as often as the holder may wish during its validity. The fee will be seventy-five francs.

(b) The fee for a non-immigrant passport visa valid for any number of entries into the United States by a bearer of a French passport during a period of twelve months from the date of issue of the visa shall be two dollars and seventy-five cents United States currency, or approximate equivalent in francs; provided the passport remains valid during that period and that the non-immigrant status of the bearer of the passport is maintained. The passport visa applied for will be granted and the length of sojourn determined in accordance with existing regulations.

A second visa, subject to the same conditions, and provided the passport remains valid, will be issued gratis if applied for by the date of expiration of the original visa or within one year thereafter, provided that the validity

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