File No. 763.72113/679
[Enclosure—Translation]
The German Foreign
Office to the Spanish Embassy at
Berlin
IIIa.11559/109057
Note Verbale
In reply to your verbal note of the 1st instant (Am. Div. No.
2985–12783) concerning the treatment of American private property in
Germany, the Department of Foreign Affairs has the honor to inform
you as follows:
The German decrees on the private property of citizens of the United
States, that is, the proclamations of August 9, November 10,
December 13, and December 31, 1917, and of January 30 and March 4,
1918 (Imp. Law Bul., 1917, pp. 707, 1047, and 1105, and 1918, pp. 5,
67, and 111), were issued solely by way of reprisal after the
American Government had in advance published decrees against German
private property. The Imperial Government declared several
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times that these decrees
would not be enforced unless the American Government took measures
against German property in America. The Department takes the liberty
to refer in this regard to the verbal notes of March 231 and April 18,2 Nos.
IIIa–5772 and 5682.
After German property in the United States had been taken into
custody by the American Government, the German Government took
similar measures against the American enterprises in Germany.
Meanwhile the Imperial Department received, in reply to its inquiry
regarding the treatment of German property in America addressed to
the Government at Washington through the Swiss Government, the
information that the “Treasury Department” had ordered the
liquidation of the insurance companies and that the liquidation of
German private property, especially commercial enterprises, is
taking place under the direction of the “Alien Property
Custodian.”
Furthermore, an “Urgent Deficiency bill” was passed in America
authorizing the President of the United States to expropriate the
establishments of the German maritime companies, the “Nord-deutscher
Lloyd” and the “Hamburg-Amerika-Linie” in New Jersey near New York,
and containing besides an additional note to the “Trading with the
Enemy Act” which gives to the Alien Property Custodian authority to
liquidate all enemy property subject to his administration. The
Imperial Government protested through the Swiss Government against
this mode of action and declared again that the measures which
Germany would take against American private property would depend on
the manner in which the United States proceeded against German
private property.
Pending final information on the treatment of German private property
in America, the Imperial Government has thus far abstained from
liquidating American property in Germany.
As regards the question of the treatment of the property of American
citizens domiciled in or outside of Germany, no difference is made
in this regard in the German legislation as already explained in the
verbal note of April 18, No. IIIa–5682, with the sole exception that
Americans domiciled in Germany may make disposal of their property
in Germany in accordance with the provisions contained in the
proclamations of November 10, 1917, and October 7, 1915 (Imp. Law
Bul., pp. 1050 and 633).
The Department of Foreign Affairs would be much obliged to the Royal
Spanish Embassy if it would bring the foregoing to the
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knowledge of the American
Government and kindly call the attention of the latter to the fact
that the Imperial Government will only be able to furnish it
information concerning the treatment of American private property in
Germany in proportion as it receives precise answers from the
American Government to the German inquiries and protests addressed
to it through the Swiss Government.
