704.6483/11
The Secretary of State to the Minister in Switzerland (Gibson)
Sir: The Department has received your despatch No. 62 of June 30, 1924, in regard to the desire of the Swiss Government that American consular officers shall continue, pending the establishment of diplomatic relations between Switzerland and Egypt, the representation of Swiss interests in the last-named country.
In reply, you may inform the Government of Switzerland that American consular officers in Egypt will continue the representation of Swiss interests but that this Government will be glad to be informed of the establishment of Swiss diplomatic relations with Egypt in order that American consular officers may be relieved of their duties in this regard.
It may be stated that one of the principal difficulties in connection with the representation of Swiss interests is found in the fact that the consular officers of other governments are also representing Swiss [Page 708] interests in Egypt, and that there occurs from time to time a conflict of authority which it is desired to avoid if possible. Furthermore, it becomes possible through this dual representation for Swiss citizens to apply at different consular offices for the same service, thus causing confusion and misunderstanding.
Finally, it is necessary to remind the Government of Switzerland that American consular officers are not permitted to exercise judicial authority in extraterritorial countries on behalf of the nationals of other governments. It is understood that the French consular officers in Egypt will exercise such authority only on behalf of Swiss citizens who are registered in their offices. British martial law in Egypt, under which British consular courts exercised jurisdiction over Swiss citizens, was withdrawn in July, 1923, and it has subsequently been held by the British Consul at Cairo that his jurisdiction over German-Swiss nationals automatically ceased at the time of such withdrawal. The German-Swiss, therefore, have no consular jurisdiction to which they may appeal unless they register with the French or Italian consulates. As appeal to the various consular courts in extraterritorial countries is a general right which all capitulatory nations have jealously upheld and as the Swiss have indirectly enjoyed such privilege, it is believed that an unfortunate effect would result from the consequent dependence of Swiss citizens not registered at the French or Italian consulates upon native Egyptian criminal jurisdiction, it being understood, of course that, in civil matters, such persons would remain subject to the Mixed Courts. It is feared that the trial by native Egyptian criminal courts of Swiss nationals registered in American consulates would have an unfortunate effect not only on these persons, but also upon the general subject of capitulatory rights in Egypt and it appears, therefore, for this further reason that American consular officers should relinquish the protection of Swiss interests in that country. As previously indicated in this communication, the continued representation, so far as is practicable, of Swiss interests is being authorized, but these additional facts are being brought to the attention of the Government of Switzerland for its further consideration of the matter and for such additional comments thereupon as it may desire to make.
In the absence of instructions from the Swiss Government to the contrary, the American consular officers in Egypt are being instructed to transmit to the Treasury of the United States such fees as they may have collected for services on behalf of Swiss nationals.
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