File No. 763.72111/6919
[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.
Berne, February 28, 1918.
