701.05/129
The Secretary of State to the German Chargé (Dieckhoff)
My Dear Mr. Chargé d’Affaires: I beg to refer to Dr. Schlimpert’s90 call at the Department on July 19 when he requested certain information in regard to the Department’s note to you of July 16, 1926, concerning privileges and immunities accorded in this country to persons belonging to foreign missions. In this relation Dr. Schlimpert requested further information in regard to the sentence on page 3 of the note reading as follows:
“The immunity from criminal prosecution and civil process and from the obligation to testify is considered to apply to a foreign diplomatic representative, his secretaries, attachés, including military, naval and commercial attachés, employees, members of his household, including his family, and domestic servants.”
The above quoted sentence may be modified to read as follows, in order to answer the specific inquiries concerning this sentence which Dr. Schlimpert made during his call at the Department:
“The immunity from criminal prosecution and civil process, including that of the administrative and police courts of this country, and from the obligation to testify is considered to apply to a foreign diplomatic representative, his secretaries, attachés, including military, naval and commercial attachés, members of their household, including their families, employees and domestic servants.”
It is not entirely clear to the Department as to what your Government may have had in mind in referring to “administrative courts”. However, it would appear that the persons mentioned above are entitled in this country to exemption from the civil and criminal jurisdiction of all the courts.
I am [etc.]
- Dr. Martin Schlimpert, Secretary of Embassy.↩