121.5754/8
The Minister in Switzerland (Gibson) to the Secretary of State
[Received November 30.]
Sir: I have the honor to report that on October 18th I received the Department’s telegram No. 88 of October 8th87 directing me to seek an early reply from the Swiss Government to the request that our Customs Representatives in Switzerland be granted diplomatic status and recognized as Customs Attachés. I immediately sought an interview with Monsieur Motta, Federal Councillor, Chief of the Political Department but, in view of the number of his previous engagements Monsieur Motta could not receive me until the morning of October 22nd.
I explained the situation to Monsieur Motta and said that my Government would greatly appreciate an early reply to the request submitted by Mr. Boal88 on May 29th (See my despatch No. 465, July 18, 1925).87 Monsieur Motta said that I would receive a note on the subject in the course of a few days, as soon as its text was formally approved by the Federal Council. He added, however, that he could tell me informally the nature of the reply, which was to be an expression of regret at the inability of the Federal Government to accord diplomatic status to the Customs Representatives.
Monsieur Motta went on to say that he had felt grave doubts from the beginning as to the possibility of acceding to our request, but as Mr. Boal had set forth our point of view so earnestly and convincingly, he felt the whole question deserved a careful examination before a decision was reached. The Federal Council had expressed its reluctance to refuse a request from us if any proper way could be found to meet our wishes and he had gone into the question thoroughly with the help of the Department of Public Economy. Monsieur Motta said that he had allowed the study of the question to pursue a leisurely course for two reasons, first, in order that the matter might be given careful consideration, and second, in the belief that most other Governments would probably give unfavorable answers and that if a Swiss refusal became inevitable it would [Page 251] make a less painful impression if it came after refusals had been received from more important governments.
He then stated that the decision of the Federal Council was based chiefly on two grounds; first that these agents are not engaged on work which entitles them to diplomatic status,—they have no dealings with Swiss authorities and their activities are confined entirely to private inquiries and dealings with private individuals; second, that if recognition were accorded to the Customs Attachés a precedent would be created under which it would be difficult to refuse diplomatic status to officials of other governments, no matter how far fetched their claims might be. He said that the Federal Council had in the past repeatedly refused to recognize as members of foreign legations officials engaged on special work bearing on education, agriculture, labor problems, etc.; that if our request were to be complied with the Swiss Government would be deluged with similar requests from other governments, and that although it was very distasteful to them to refuse our request it was considered wiser to do so in the hope of avoiding future difficulties.
Monsieur Motta stated that he and his colleagues on the Federal Council had been much impressed by Mr. Boal’s presentation of the subject, that it was clearly understood that it was our intention to create a helpful agency to facilitate business transactions and that there had never been any intention of setting up an inquisitorial agency. He added, however, that Swiss business houses were under a definite impression that our Customs Representatives were intent on intolerable interference in their affairs and that he feared this impression could not be eradicated so long as the present procedure was maintained. He expressed the hope that some other method might be found which would maintain the advantages which we desired to grant while avoiding the objections which he had pointed out.
The written reply promised by Monsieur Motta was delayed for some time because of minor changes in the text which were desired by the Federal Council, but it has now been received and is forwarded in copy and translation herewith.89
It will be observed that the reasons given in the note are not identical with those given me verbally by Monsieur Motta. They are, first, that the functions of these agents have no bearing upon the relations between our two governments; and second, that the desired recognition would vest them with powers which, under Swiss law, are not enjoyed even by Swiss officials.
I have [etc.]