File No. 763.72113/542
The Secretary of State to the French Ambassador ( Jusserand)1
Excellency: Under the provisions of the Trading with the Enemy Act, all persons residing within enemy territory, or territory occupied by the armed forces of the enemy, are classed as enemies and their property is subject to being taken over by the Alien Property Custodian. Heretofore, it has not been the policy of the Alien Property Custodian to demand such property where it clearly appeared that the owners thereof were loyal citizens of France. Owing to the delay in securing accurate information from territory occupied by the enemy, the difficulty in determining the character of such persons is very great, and in view of the large amount of property of this nature in the United States, and the fact that the persons in this country who have charge of the property are restricted in their freedom of action in respect thereto by the limitations imposed by the Trading with the Enemy Act, serious confusion would result if the [Page 299] Custodian should await, in each case, the receipt of information as to the status of the owner before making demand for the property.
It has been arranged that the Attorney General shall entertain jurisdiction of claims under section 9 of the act, when made by any person whose enemy character has changed since the property was taken over by reason of his coming out of enemy territory, or by reason of the enemy withdrawing its armed forces from his place of residence. This Government, therefore, considers it advisable to take over all property in this country belonging to such persons, whether they be American citizens or citizens or subjects of cobelligerent powers. This step is looked upon as a means of affording protection to the owners of the property involved who will thus be without means to satisfy any demands which may be made upon them by the enemy—their property being held for them against enemies and all others by the Government of the United States pending the presentation of claims therefor to the Attorney General.
For the foregoing reasons, this Government is desirous of treating the property in this country of citizens of France residing in territory occupied by the enemy as it treats the property of American citizens therein residing, but, before so doing, it wishes to bring the matter to Your Excellency’s attention, and to inquire whether or not there exists any objection on the part of Your Excellency’s Government to the adoption of the proposed measure.
Accept [etc.]
- The same, mutatis mutandis, on the same date, to the Belgian Minister (No. 71).↩