63. Instruction From the Department of State to Certain Diplomatic Missions1
SUBJECT
- Restriction Affecting American Citizens of the Jewish Faith in Arab Countries
REFERENCE
- CA–1239 of August 8, 19562
The Department desires to bring once again to the attention of the addressee posts its continuing deep concern over restrictions on entry and commercial relations imposed by Arab states which have the effect of discriminating against American citizens of the Jewish faith.
The Department is well aware of the sensitive nature of this problem and of the sovereign rights of a nation to establish such rules for the admission of foreigners and for trade as it may consider to be consistent with its national interest. The Department is also aware that many of the present regulations arise from the tensions of the Arab-Israel dispute and that, in certain places, American citizens of the Jewish faith might be well advised not to attempt to travel in view of local feelings. These factors necessarily govern the degree to which the United States Government can press effectively for a basic change in the Arab attitudes.
There have, however, been cases in the past and will undoubtedly be in the future, when United States representatives can make successful representations on behalf of individuals and firms, and occasions, as well, where United States representatives may, by emphasizing the strong feelings of this Government on the matter, obtain some improvement in aspects of the general situation. The Department strongly urges that posts remain alert for such opportunities and report promptly cases of this kind. Posts should, in addition, remain equally alert for those opportunities, when no special case may be involved, in which we can emphasize our general displeasure at the restrictions of foreign governments which appear to American citizens to violate the basic principles of this country against discrimination on the basis of race and religion.
[Page 144]The Department appreciates that the regulations and practices on these matters may not be uniform. It is requested that posts receiving this instruction provide an up-to-date report on the local rules, practices and the administration of the Arab boycott in a manner directed against individual US citizens on the basis of their faith, or against US firms for related reasons.
With respect to the restrictions on entry, the Department would be particularly interested in the following:
Has the Government to which you are accredited promulgated official regulations prohibiting the admission of persons of the Jewish faith or Zionists? Do these prohibitions apply to transit as well as entry?
If the Government has promulgated such regulations, are they administered with any flexibility? If no such regulations have been promulgated, does the Government in practice restrict the transit or admission of persons of the Jewish faith?
Do these regulations and practices appear to apply to persons of the Jewish faith from all countries, or just from the United States?
Are these regulations and practices the result of the Arab-Israel conflict, or of some earlier historical custom?
Has the post, in the last two years, had any occasion to seek exemptions for US citizens from regulations or practices? What has been the result of the post’s effort?
The other aspects of the problem, equally displeasing to this government, are the restrictions on US firms and individuals arising from the Arab League boycott of Israel. The United States does not recognize that a state of belligerency exists between the Arab states and Israel and, therefore, that any basis exists for a boycott of Israel. Posts were instructed in 1953 generally to protest the boycott and have, on occasions since, been instructed informally to assist in specific cases.
In the face of the official Arab League action on the boycott, however, it is recognized that the Arab states are not likely to accept any challenge from this government to their right to restrict trade with those firms dealing with Israel.
Certain Arab governments, however, have exceeded the specific regulations of the Arab League with respect to the boycott and are endeavoring to make it apply, equally, to firms with officers and owners of the Jewish faith. A number of protests have been received by the Department from individuals who have been asked for affidavits concerning their religion as a condition to opening commercial relations with Arab states. The Department cannot accept the practice of a foreign government doing this and cannot authenticate any document which thus endeavors to distinguish between religious and racial groups in the United States. The Arab League, itself, is on record as not favoring this application of the boycott. The “News and Views” of [Page 145] the Arab Information Center in New York on February 5, 1958, stated, “The Arab States have officially affirmed that they will never discriminate against Jewish individuals or firms which respect the Arab boycott against Israel.” The same issue quoted a statement from the General Union of the Arab Chambers of Commerce, Industry, and Agriculture which stated: “Jewish firms outside Israel receive from the Arabs the same treatment as non-Jewish firms. There is no discrimination. Any firm, irrespective of the creed or race of its owners, shareholders, or managers will be able to deal with the Arab countries so long as it does not breach the regulations of the Arab boycott of Israel.” Where this type of problem appears, posts may wish to make use of the above questions in emphasizing our opposition to this form of discrimination.
In this connection, as in the case of the entry problem, certain additional information would be helpful to the Department.
Does the Government to which you are accredited oppose, by regulations or practice, commercial dealings with firms in which there are Jewish officers or owners? Does this apply to American firms only, or to all firms?
Has your post been asked to authenticate affidavits concerning the religion and race of American business men or firms? What has been your practice?
In general, does the Government at your post enforce the Arab boycott regulations rigidly? Do you have the impression that they attach importance to the boycott?
Has your office informally been able to help US citizens or firms to resolve difficulties resulting from the boycott?
The Department will leave to the discretion of the posts whether local governments should be approached for the answers to foregoing questions. It is the opinion of the Department that any approaches should be entirely oral and informal.
- Source: Department of State, Central Files, 886.181/2–259. Confidential. Drafted by Newsom; cleared with H, L, AF, and NEA/P; and initialed by Hart. Sent to Aden, Amman, Baghdad, Beirut, Cairo, Damascus, Dhahran, Jidda, Khartoum, Kuwait, Rabat, Tunis, and Benghazi.↩
- CA–1239 transmitted the text of Senate Resolution 323, July 26, 1956, which forbade discrimination against Americans because of their religion. (Ibid., 886.181/8–856)↩