121.57/14
The Acting Secretary of State to Certain Diplomatic and Consular Officers90
Sirs: Reference is made to previous instructions relative to the Act of Congress, approved January 13, 1925, providing, inter alia, that officials of the Treasury should be regularly and officially attached to American Diplomatic Missions abroad in the capacity of “Customs Attachés.”
Pursuant to this Act, the Department instructed the Chiefs of the appropriate Diplomatic Missions to request recognition for the “Customs Attachés” assigned to duty at their Missions. These requests for recognition have been almost universally refused by the governments concerned, and it is obviously inadvisable for further efforts to be made by this Government to bring about recognition of a diplomatic status for “Customs Attachés.”
It may be pointed out here that no foreign government has refused to permit the “Customs Attachés” to reside at their posts of duty and to carry out their duties under the Tariff Act of 1922. Therefore, the “Customs Attachés” are, from the point of view of their duties under that Act, unaffected by the refusals of foreign governments to accord them diplomatic status.
According to the opinion of the Treasury, the officials in question possess the legal title of “Customs Attaché”, and their reports to the Treasury, as well as their vouchers and other official documents, must bear this title. However, in view of the refusal of foreign governments to accord them diplomatic status, the Treasury has agreed that the further public use of the title “Customs Attaché” in foreign countries would be inadvisable. Therefore, instructions have been transmitted to all “Customs Attachés” directing them to avoid the use of their legal title on letterheads, correspondence, or business cards, and to adopt for these purposes the former title of “Customs Representative”. A copy of the Treasury’s instructions, dated December 10, 1925, is transmitted herewith for your information.91
You will also observe that these officials will hereafter be furnished Special Passports in which they are described as: “. . . . Name . . . . an Official of the United States Treasury Department, Customs Service, travelling abroad on Official Business of the United States Government.”
[Page 253]You will further note that the Treasury will request the Congress to repeal the provisions of the Act of January 13, 1925, which, for practical purposes, have been nullified by the refusal of foreign governments to accord diplomatic status to “Customs Attachés”.
The Department’s Circular Instruction of April 2, 1925, remains in effect, and it is expected that the cooperation described therein, between Diplomatic Missions and representatives of the Customs Service will continue. You are directed to give all proper assistance to these officials, bearing in mind that their obligation to carry out the provisions of the Tariff Act of 1922 is in no way impaired by the refusal of any foreign government to accord to them diplomatic status. You will take every appropriate occasion to explain to the appropriate foreign officials the duties of the Customs officials, as described in the Tariff Act, and the Department’s Instruction of April 2, 1925, and to remove any misunderstandings that may exist.
In reply to a request of the Treasury Department that instructions be issued to American Diplomatic Missions directing them to obtain for “Customs Attachés” laissez passer, etc., as well as to endeavor to arrange exemption from police registration requirements and income taxation, the Department said: “The Department deems it inadvisable to issue specific instructions to its Diplomatic Missions directing them to request ‘laissez passer’, etc., for your officials, since these special customs facilities are given by foreign governments only as special courtesies. The Department prefers to leave this matter to the discretion of the Diplomatic Missions concerned. It is suggested that each of your representatives take up this question with the American Diplomatic Mission with which he is in closest touch.
“The question of the liability of your representatives to police registration regulations and to income taxation abroad is dependent upon the domestic laws of individual countries. The Department, and American Diplomatic Missions, will continue to make every effort to obtain for your representatives such exemption as may properly be requested in specific cases as they arise.”
This instruction is for your information only. The status of “Customs Attachés”, from the point of view of American law, has not been changed. In those countries where they have been recognized as members of the Diplomatic Mission, they will continue to be so regarded pending a modification of the Act of January 13, 1925.
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