Negotiating through Washington’s Institutions

Finding the Authority to Decide

Foreign representatives in Washington negotiated with departments, Congress, courts, and the president. The State Department could receive a demand, while another institution controlled the tariff, interpreted a tax law, or authorized an arms sale. [1] [2] [3]

Treaty Promises and Customs Law

Jules Cambon argued that a commercial agreement signed with John Kasson in May 1898 required a lower American tariff on French liqueurs and cordials. Customs officials in New York continued charging the higher rate. Cambon invoked the agreement’s language and the concessions calculated during negotiations; embassy secretary Eugène Thiébaut also presented the case at Treasury. [4] [5] [6]

In the French case, Treasury Secretary Lyman Gage treated the tariff provision specifically naming cordials and liqueurs as controlling over the general provision for spirits. Secretary of State William Day adopted that reasoning in July and pointed France toward judicial appeal. [6] [1]

Tax Relief and the Limits of Retroactivity

Canada had amended its shipping tax law before Vincent Massey approached Washington in May 1928. Treasury then distinguished citizens from residents and considered where companies were registered. Exempting a Canadian citizen living in the United States raised different legal questions from exempting qualifying earnings of a Canadian shipping business. [7] [2]

By September 1928, the United States accepted relief for specified shipping earnings, including ferry operations, reaching back to 1921 while keeping statutory limits on refunds. H. H. Wrong replied that Canada would instruct its revenue authorities and considered the exchange of notes sufficient to record the agreement. [8] [9]

Arms Sales and Presidential Decisions

In July 1962, Avraham Harman led a presentation stressing Israel’s vulnerability to aircraft flying at low altitude. Dean Rusk later recommended making Hawk air defense missiles available if an attempt at regional arms limitation failed. He also wanted to preserve American relationships with Arab governments and avoid creating a special military alliance. [10] [3]

On 19 August, presidential adviser Myer Feldman told David Ben-Gurion in Israel that Kennedy had decided to make the missiles available. The assurance reached the prime minister through a presidential emissary, after the embassy’s Washington presentations. Price, delivery, and other details still needed agreement. [11] [3]