861.51/918

The Assistant Secretary of the Treasury (Gilbert) to the Acting Secretary of State

My Dear Mr. Davis: Referring to your letter of December 16, 1920,21 I enclose for your information a copy of my letter of this date to the Director of the Mint, supplementing previous instructions as to acceptance of gold by United States Mints and Assay Offices.

Sincerely yours,

S. P. Gilbert, Jr.
[Enclosure]

The Assistant Secretary of the Treasury (Gilbert) to the Director of the Mint (Baker)

Sir: By direction of the Secretary and in accordance with supplemental advices received from the Department of State and an announcement of December 20 by the Secretary of the Treasury and the Federal Reserve Board, a copy of which is enclosed,22 the instructions set forth in my letter of November 26, 1920,21 are hereby withdrawn and the following policy should be pursued until further notice with respect to gold presented to United States Mints and Assay Offices as to which any possible suspicion of Soviet origin arises:

1.
All gold known to be of Soviet origin or which on its face or as the result of investigation appears to be of Soviet origin will be rejected by United States Mints and Assay Offices, no matter by whom tendered. No warranties of title or of non-Soviet origin will be sufficient to justify the acceptance of any such gold. All such gold tendered and rejected shall be reported to the Director of the Mint, Treasury Department, Washington, with a statement of all material facts and circumstances known to the Mint or Assay Office concerned.
2.
Gold which is suspected to be of Soviet origin, if tendered to United States Mints or Assay Offices, will be received only subject to investigation. All such cases shall be reported promptly to the Director of the Mint, Treasury Department, Washington, with a statement of all material facts and circumstances known to the Mint or Assay Office concerned, in order that the case may be referred to [Page 726] the Department of State for investigation. No action will be taken by the Mint or Assay Office concerned looking toward the acceptance of any gold so tendered, and no payment whatever will be made thereon except pursuant to specific instructions from the Director of the Mint, Washington, who will await the receipt of report from the Department of State before authorizing acceptance or payment. If the reports received by the Treasury, including those received from the Department of State, indicate Soviet origin or fail to remove the suspicion of Soviet origin the gold will be rejected as under class (1). If, however, the reports received remove the suspicion of Soviet origin, the gold may be accepted upon the filing with the Mint or Assay Office of a duly executed and acknowledged certificate of ownership and non-Soviet origin in the form attached to my letter of November 26th. No gold which after investigation is known or still suspected to be of Soviet origin shall be accepted on the basis of any such certificate.
3.
Gold which is neither known nor suspected to be of Soviet origin and which bears on its face no indication of Soviet origin, but as to which at the most a mere possibility of Soviet origin suggests itself, may be accepted when tendered to United States Mints or Assay Offices if presented by parties of known responsibility and accompanied by duly executed and acknowledged certificate of ownership and non-Soviet origin in the form hereinbefore referred to. Such gold may be so accepted without specific reference to the Treasury Department for instructions. The certificates of ownership should be retained in the permanent files of the Mint or Assay Office concerned, and advice of acceptance of the gold, together with copies of the certificates of ownership, should be filed with the Director of the Mint, Treasury Department.

Gold bearing the official coinage or mint stamp of the government of Great Britain, France, Italy, Belgium, Holland, Japan, China, Norway, Sweden, Denmark, or other recognized nation with which the United States is not technically at war, will be considered as free from any suspicion or possibility of Soviet origin, and therefore as not falling within any of the above classes.

Any doubtful cases arising under any of these classes shall be referred to this office for further instructions. In all cases arising hereunder, whether or not submitted to this office for specific instructions, letters shall be prepared in your office for the Assistant Secretary’s signature, transmitting to the State Department for their information copies of all pertinent papers on file in the Department. A similar letter addressed to the Governor of the Federal Reserve Board shall be prepared as to any case presenting circumstances of unusual interest or questions of general policy.

[Page 727]

In general, it will be the policy of the Department and of the Mints and Assay offices not to give any assurances in advance as to the acceptance of Russian gold or of gold of possible Soviet origin. Action will be taken only upon actual tender of the gold to a Mint or Assay Office and will then be taken in accordance with the instructions herein set forth. Replies to any inquiries as to Russian or Soviet gold shall be made along the lines heretofore indicated by this office.

Nothing herein contained shall be construed to permit the acceptance of any gold whatever which is not rightfully owned by the party presenting it.

You will advise all United States Mints and Assay Offices to proceed in accordance with the instructions herein contained.

Respectfully,

S. P. Gilbert, Jr.
  1. Not printed.
  2. Supra.
  3. Not printed.