121.5758/4

The Chargé in Sweden (Magruder) to the Secretary of State

No. 529

Sir: With reference to the Department’s instruction No. 123 of April 21, 1925, (no File No.), respecting the appointment of Customs Attachés, and to the Legation’s reply thereto No. 479 of May 25, 1925.67 I have the honor to report that I am now in receipt of a note [Page 242] from the Acting Minister for Foreign Affairs, a copy and translation of which are herewith enclosed, to the effect that the Swedish Government regrets that it is not in a position to give a favorable reply to the request that customs attachés be recognized as members of the Legation.

I have [etc.]

Alexander R. Magruder
[Enclosure—Translation]

The Swedish Acting Minister for Foreign Affairs (Nothin) to the American Chargé (Magruder)

Mr. Chargé d’affaires: In a letter dated May 20th last you were good enough to inform me of the appointment of Mr. F. X. A. Eble in the capacity of Customs Attaché and of that of Mr. C. S. Turrill in the capacity of Assistant Customs Attaché to the Legation of the United States of America, as well as to ask that the Government of the King be good enough to recognize these officials in their respective capacities.

After having given a detailed explanation of the duties devolving on customs attachés, you were good enough to show in your letter that the more precise manner, in which it is proposed to regulate the organization of their activity, is the result of earnest efforts which have been made by the American authorities in order’ to conform to the desires of the Government of the King, as expressed in the observations which were recently made on this subject by this Ministry to Mr. Bliss and by the Minister of the King at Washington to the State Department.

The Government of the King, which is aware that this passage in your letter refers to the protest by which it took exception, a short time ago, to a decision of the Treasury Department not to authorize the importation into the United States of products of two Swedish enterprises, owing to the fact that these enterprises had declared that they could not permit a representative of the said Department to examine their books and commercial documents, appreciates thoroughly the good will shown by your Government in order to reach an agreement in the question at issue. It seems, however, to the Government of the King that the proposed arrangement is not of such a nature as to weaken the objections which it has formulated on this subject.

According to the opinion of the Government of the King, the duties which would devolve on customs attachés, namely those which would consist in making investigations of private enterprises abroad, are [Page 243] hardly of a nature to be classed among those which, according to established usages, can be recognized as of a diplomatic character. The extension of diplomatic immunities in favor of the officials in question would have an effect the more grave inasmuch as the Government of the King, in acquiescing to the request of the Government of the United States of America, might be considered as having indirectly authorized foreign officials to examine the commercial books of Swedish houses and as tending to release on Swedish territory an activity which is not even recognized as pertaining to the authorities of the country.

Under these conditions the Government of the King regrets that it is not in a position to give a favorable reply to the desire expressed by the Government of the United States of America to see its officials in question recognized as members of your Legation.

Accept [etc.]

Torsten Nothin
  1. No. 479 not printed.