704.5483/11
The Secretary of State to the Chargé in Egypt (Johnson)
Sir: It is understood that American consular officers are representing Swiss interests in Egypt as applied especially to citizens of the German-Swiss cantons. It is also understood that their activities have included the following:
- Registration and issuance of certificates of registration.
- Visa of Swiss passports and issuance of necessary travel passports.
- Notarial acts and recording of unofficial documents.
- Recording of births, deaths and marriages, and similar matters involving civil status.
- General exercise of good offices in protection, whereabouts and welfare and similar matters.
It is further apparent that no fees have been charged for the above-mentioned services.
It is being pointed out to the Consuls at Alexandria, Cairo and Port Said that it is the desire of the Swiss Government that the activities in behalf of its nationals by American consular officers in Egypt be continued for the present.
They are accordingly being informed that the Department authorizes the continued representation of Swiss interests in Egypt. It is, however, of the opinion that notarial services for Swiss citizens are of doubtful value inasmuch as these services may be rendered useless by existing local laws in the places in which the documents are to be used. They are being directed, therefore, to avoid the rendition of these services unless they are satisfied that they will be of value under the existing laws. Furthermore, it seems to the Department that they should confine their passport activities to the visaing of Swiss passports and that they should not undertake to issue such passports [Page 707] unless they have been clearly authorized so to do by the Swiss Government and definitely instructed by it as to its requirements and as to the procedure to be followed. It seems to the Department manifestly unfair to require the payment of fees by American citizens and to render services gratuitously to the citizens of Switzerland. The consular officers in Egypt are being instructed, therefore, to charge fees in accordance with the Swiss Tariff of Fees and if they do not have such tariff available, they will inform the Department at once in order that it may request copies for them. In the meantime they should follow the United States Tariff of Consular Fees. Fees collected for Swiss services should be transmitted to the Treasury of the United States under the provisions of General Instruction No. 330 of July 10, 1914.3
It is observed that American consular officers in Egypt have not been exercising judicial authority on behalf of Swiss citizens and it should be stated that the abstention from this service has the Department’s approval inasmuch as the exercise of such judicial authority by American consular officers would not be warranted under existing American laws. American consular officers are not permitted to exercise judicial authority in extraterritorial countries on behalf of the nationals of other governments.
I am [etc.]
- Not printed.↩