File No. 763.72111/6919

The Minister in Switzerland ( Stovall) to the Secretary of State

No. 2546

Sir: I have the honor to transmit herewith enclosed a copy of a communication which the Legation has received from the Swiss Political Department, relative to the alleged participation in illegal information services on the part of consular officers of belligerent countries. For the information of the American consular officers in this country, I have forwarded a copy of this communication to each consular office.

I have [etc.]

Pleasant A. Stovall
[Enclosure—Translation]

The Division of Foreign Affairs of the Swiss Political Department to the American Legation

The Political Department regrets to be compelled to draw the attention of the representatives of belligerent states to the fact that the penal investigations opened by the competent authorities in the matter of illegal informations in favor of a foreign power, have frequently led to the conclusion that the personnel of the consulates and vice consulates of belligerent states had participated in this illegal information service.

The Federal Council holds the point of view that, according to international law, foreign consuls and vice consuls have no right to claim extraterritoriality. In like manner Switzerland has not recognized such a right to any foreign state in any treaty. If, inspite [Page 1806] of that, the Federal Council has employed certain discretion in the cases in question, it is purely for reasons of international courtesy and not at all in virtue of any legal obligation whatsoever.

The Federal Council admits without question that the participation of certain officers and employees of consulates in acts of this nature has taken place without the knowledge or approbation of the diplomatic missions accredited to this country. It desires to believe likewise that these legations will do all that is in their power to prevent similar attacks on our national laws from again occurring.

Inasmuch as foreign consuls and vice consuls have no right of extraterritoriality, they are placed under the penal jurisdiction of the country. The Federal Council will continue in the future, nevertheless, for reasons of international courtesy, to examine whether it considers possible a solution through diplomatic channels of cases where, contrary to all expectation, these consuls and vice consuls should render themselves guilty of infractions against the law of the country. On the other hand, the Federal Council will not consider employing the same discretion towards the rest of the personnel of the consulates and vice consulates.

It goes without saying that the privilege of the inviolability of consular archives will be maintained in the future as in the past.

The Department begs that the foreign missions will see in the present communication nothing more than a sincere effort on the part of the Federal Council to safeguard, in this sphere also, the complete neutrality of Switzerland, and to put an end to an uncertainty which might lead to regrettable discussions.