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FEDERAL
VOLUME 3

REGISTER

5-, 1934
A /IT E D

,
NUMBER 235

,
Washington Saturday December 3, 1938
The President EXECUTIVE ORDER
Amending
the F oreign S ervice R egula tions of the U nited S tates
By virtue of and pursuant to the au thority vested in me by Article II, sec tion 2, of the Constitution of the United States of America and by section 1752
of the Revised Statutes of the United States 22 U. S. C. 132, it is ordered that the Foreign Service Regulations1 of thé United States be, and they are hereby, amended by prescribing the fol lowing as Chapter XI thereof:
CHAPTER XI NEGOTIATION OF TREATIES

XI-1. General provisions regarding the negotiation of treaties.Bilateral treaties to which the United States is one of the parties may be negotiated and concluded either at Washington or at the capital of the foreign country. When circum stance or convenience makes it desirable to negotiate and conclude a treaty at the capital of the other contracting party, the American diplomatic agent will be furnished with a full power from the President authorizing him to negotiate, conclude, and sign the treaty. If the proposal originates with the United States, there will also be furnished to the diplomatic agent a tentative draft of the proposed treaty for submission by him to the other government for its con sideration. The diplomatic agent shall submit to the Department any modifica tion of the draft or counter-proposal made by the other government and shall await instructions from the Department.
If the original proposal emanates from a foreign government, the diplomatic agent shall forward the proposal to the De partment and await its instructions. In no case shall a diplomatic agent sign a treaty until finally advised by the De partment to do so after an accord has been reached. The treaty should then be signed in two originals, one for each government.
13 F. R. 1749.2185 D I.

XI-2. The principle of the alternat.In the preparation of a treaty for signature, after an accord has been reached, the principle of the attemat should be observed, that is to say:
1 When English and a language other than English are both used, the texts in the two languages should be placed either in parallel vertical columns on the same page, half the width of the page, or on opposite pages of the docu ment, the entire width of the page. The former style is preferred, as it lends it self more conveniently to the binding and sealing of the treaty. If the two languages are placed in parallel columns on the same page, the English text should occupy the left-hand column of each page and the foreign text the righthand column, in the original to be re tained by the United States; in the orig inal to be retained by the foreign gov ernment, the foreign text should occupy the left-hand column and the English text the right-hand column. If the two languages are placed on opposite pages of the document, the English text should occupy the left-hand page and the for eign text the right-hand page, in the United States original, and conversely in the foreign governments original.
In certain oriental countries where by its nature the written language is not adapted to contracted space, the expe dient may be resorted to of making and signing two separate originals in each language, but in no other case is this desirable or advisable.
2 In the original to be retained by the United States, the United States and the plenipotentiary of the United States should be named first in both the English and the foreign texts wherever the names of the countries or of the plenipo tentiaries occur, and the signature of the plenipotentiary of the United States should appear above the signature of the foreign plenipotentiary. Conversely, in both texts throughout the original to be retained by the foreign government, that government and its plenipotentiary should be named first and the signature of the foreign plenipotentiary should ap-

CONTENTS
THE PRESIDENT
P ag e Executive Order:
Foreign Service Regulations of the United States, amend ment negotiation of trea ties ___________________ 2847
RULES, REGULATIONS, ORDERS

T itle 7A griculture:

Agricultural Adjustment Admin istration:
Burley tobacco marketing quotas for 1938-39 mar keting year, regulations_
T itle 14Civil Aviation :
Civil Aeronautics Authority:
Regulations amended air craft weight and engine classification for pilot rating_________ ___
T itle 18Customs D uties :
Bureau of Customs:
C ustom s R e g u la tio n s amended:
Mail importations of arms, implements of war, etc_
Sealed mail articles_______
T itle 43P ublic L ands:
Office of the Secretary of In
terior, Grazing Division:
Utah Grazing District No. 6, modification__________
T itle 45P ublic W elfare:
Civilian Conservation Corps:
Enrollment, etc., regulations amended allowances;
claims for amounts due deceased or insane enrollees________________
T itle 49T ransportation a n d
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R ailroads:

Interstate Commerce Commis sion:
Orders in the matter of an nual reports from:
Carriers by pipe line______ 2856
Lessors to steam railway companies______ ____ 2856
Continued on n ext page
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