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from that accorded to the nationals of other countries under other treaty provisions and court decisions.

In the second interview, on June 17, Mr. Midzusawa reviewed the points discussed in the previous conversation and stressed the point that the Consular Regulations with respect to the admission of Japanese trades-people appeared to be inconsistent with the provisions of the Treaty on the subject as well as with the court decisions in the Kumanomido and other cases and to the actual practice with reference to Chinese merchants. He stated that there were two classes of tradespeople affected, namely, residents in the United States who had entered prior to 1924, who were engaged in local trade in the United States and were separated from their families by virtue of the Department's interpretation of the Treaty provisions; and secondly, other tradespeople who had not been in the United States but who might wish to come but were unable to secure consular visas for that purpose. Of the two classes above mentioned Mr. Midzusawa intimated that he was more concerned about the first. He repeated that he thought the Consular Regulations and practice should be revised to conform with the interpretation of the Treaty as given by the courts and with the procedure regarding Chinese merchants.

The status of the question as viewed by the Department was again reviewed for Mr. Midzusawa's benefit and he was given to understand that no revision of the Consular Regulations was at present contemplated by the Department. It was suggested that, rather than to continue a discussion of the question on general principles, which apparently would only lead to an impasse, a more practical way of getting at the merits of the situation would be to take up informally the examination of individual concrete cases in an attempt to see if there was any way out of the difficulty, in individual cases, by administrative measures under the Regulations as they now stand. He was informed that as a matter of fact the interpretation of the Regulations given by the American consular officers in Japan appeared to be more than usually liberal in some respects as was evidenced by the case of the twenty-five Japanese "merchants" who came to the United States in the spring of last year, all but three of whom were unable to establish their right to enter the United States, and by the fact that according to the statistics of the Deparment of Labor a very large proportion of those Japanese who had been admitted at the ports of Seattle, San Francisco and Los Angeles during the years 1927-1928 and 1928-1929 under bond as temporary visitors had forfeited their bonds and remained in the United States.

Mr. Midzusawa concurred in the above suggestion and stated that he had on hand data relating to several such individual cases which he would be glad to submit and talk over at some other time.

ARRANGEMENT BETWEEN THE UNITED STATES AND JAPAN REGARDING RECIPROCAL RECOGNITION OF LOAD-LINE CERTIFICATES EFFECTED BY EXCHANGE OF NOTES SIGNED FEBRUARY 13, 1931, MARCH 19 AND 30, 1931, AUGUST 25, 1931, AND SEPTEMBER 7, 1931

Executive Agreement Series No. 25 894.8561/14 The American Chargé in Japan (Dooman) to the Japanese Minister

for Foreign Affairs (Shidehara)

No. 46

Tokyo, February 13, 1931. EXCELLENCY: I have the honor to advert to the Embassy's note No. 194, dated August 24, 1922," proposing an arrangement between the Governments of the United States and Japan for the reciprocal recognition of ship load-line certificates pending the enactment of suitable legislation by the United States, and to the note No. 147, dated October 25, 1922, of Your Excellency's predecessor, Count Uchida, expressing the readiness of the Imperial Government to recognize certificates of this nature issued to American vessels. I now have the honor to inform Your Excellency that a law, entitled “An Act to Establish loadlines for American vessels, and for other purposes", was enacted by the Congress of the United States, and became effective September 2, 1930.

Your Excellency will recall that our respective Governments, together with other interested Governments, entered into an international load-line convention, which was signed at London on July 5, 1930. I am now instructed to inquire whether Your Excellency's Government would be willing to continue the arrangement in respect of ship loadline certificates made between our two Governments in 1922, pending the coming into force of the above-mentioned convention of July 5, 1930.

In transmitting herewith a copy of the “Regulations for the Establishment of Load-lines for Merchant Vessels of 250 Gross Tons or Over When Engaged in a Foreign voyage by Sea", I have the honor to request Your Excellency to be so kind as to supply me with a copy of the Japanese laws and regulations (with official English translations if they be available), pertaining to load-lines of merchant vessels. I avail myself [etc.]

EUGENE H. DOOMAN

* Not printed.
* Approved March 2, 1929; 45 Sat. 1492.
* Foreign Relations, 1930, vol. I, p. 261.

Executive Agreement Series No. 25 894.8561/14 The Japanese Minister for Foreign Affairs (Shidehara) to the

American Chargé in Japan (Neville)

[Translation]

No. 30/C1

TOKYO, March 19, 1931. MONSIEUR LE CHARGÉ D'AFFAIRES : I have the honor to acknowledge the receipt of the Embassy's note dated February 13, 1931, informing me, with reference to the arrangement made between our two Governments in 1922 in respect of ship load-line certificates, that a law entitled "An Act to Establish Load-lines for American vessels, and for other purposes” has been enacted, and became effective September 2, 1930, and inquiring whether or not the Japanese Government would be willing to continue the above-mentioned arrangement of 1922 pending the coming into force of the International Ship Load-line Convention, which was signed at London on July 5, 1930.

When the notes were exchanged between the Japanese and American Governments in 1922, no ship load-line law had been enacted in the United States, and the question of the recognition by the United States of load-line certificates of Japanese ships was not raised. Consequently, no definite arrangement was made regarding this matter, the Japanese Government merely undertaking unilaterally to recognize certificates issued by the American Bureau of Shipping, pending the enactment in the United States of a law regulating ship load-lines.

I wish to be assured, and request that you indicate in reply, that you have no objection to my interpreting your note, above-mentioned, to mean that pending the coming into force of the International Ship Load-line Convention, the Japanese Government will continue the arrangement of 1922 while the American Government will also recognize as valid load-line certificates duly issued by the competent Japanese authorities or by officially designated shipping associations, and their correspondng marks.

Pending the receipt of your reply, the Japanese Government will continue to regard the arrangement of 1922 as effective, and I trust that the American Government will also recognize as valid the ship loadline certificates issued by the competent Japanese authorities or by officially designated shipping associations, and their corresponding marks.

In compliance with your request, I have the honor to transmit herewith a copy of the laws and ordinances, together with a copy in translation, relating to ship load-lines. I avail myself [etc.]

BARON KIJURO SHIDEHARA

Executive Agreement Series No. 25 894.8561/14 The American Ambassador in Japan (Forbes) to the Japanese

Minister for Foreign Affairs (Shidehara)

No. 59

Tokyo, March 30, 1931. EXCELLENCY: In reply to Your Excellency's note No. 30, dated March 19, 1931, informing me that the Japanese Government will continue to recognize certificates of load-line issued by the American Bureau of Shipping to American vessels, pending the coming into force of the International Ship Load-line Convention signed at London on July 5, 1930, I have the honor to inform Your Excellency that the United States is recognizing the load-line marks approved by the Japanese Government. I avail myself [etc.]

W. CAMERON FORBES

Executive Agreement Series No. 25 894.8561/16

The American Ambassador in Japan (Forbes) to the Japanese

Minister for Foreign Affairs (Shidehara)

No. 136

TOKYO, August 25, 1931. EXCELLENCY: With reference to my Note No. 59, of March 30, 1931, informing Your Excellency that the Government of the United States will recognize as valid load-line certificates duly issued by the competent Japanese authorities or by officially designated shipping associations, and their corresponding marks, I have the honor to inform Your Excellency that I have received a communication from my Government confirming the assurances already given in my Note No. 59, of March 30, 1931.

I am further directed to inform Your Excellency that my Government has accepted the proposal of the Japanese Government to continue the present arrangement whereby load-lines of American vessels assigned by the American Bureau of Shipping are accepted by Japanese authorities as complying with their load-line requirements. I am also instructed to inform Your Excellency that my Government has authorized in particular cases the marking of load-lines and the issuance of certificates therefor, on American vessels, by the American Committee of Lloyds' Register of Shipping and by the American representatives of the Bureau Veritas, which my Government would desire to have the Japanese authorities recognize. I avail myself [etc.]

W. CAMERON FORBES

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Executive Agreement Series No. 25 894.8561/16 The Japanese Minister for Foreign Affairs (Shidehara) to the

American Ambassador in Japan (Forbes)

No. 97/C1

TOKYO, September 7, 1931. EXCELLENCY: I have the honor to acknowledge the receipt of your notes of March 30 and August 25, 1931, regarding mutual recognition between Japan and the United States of load-line certificates.

Besides recognizing the load-line certificates issued by the American Bureau of Shipping to American ships, the Imperial Government has no objection to recognizing the load-line certificates issued to American ships by the American committee of Lloyds' Registry of Shipping and the American representative of the Bureau Veritas in so far only as they are issued under authority granted by Your Excellency's Government.

For purposes of reference it is desired to have at hand forms of the certificates issued by the American committee of Lloyds' Registry of Shipping and by the American representatives of the Bureau Veritas, and I have therefore the honor to request that copies be transmitted to me as soon as possible. I avail myself [etc.]

BARON KIJURO SHIDEHARA

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