711.622/103
The German Embassy to the Department of State62
Memorandum
Article XXII of the Treaty between the United States and Germany signed at Washington December 8, 1923, reads as follows:63
“Consular officers may, in pursuance of the laws of their own country, take, at any appropriate place within their respective districts, the depositions of any occupants of vessels of their own country, or of any national of, or of any person having permanent residence within the territories of, their own country.”
In connection with this provision there has been set down a memorandum regarding a conference held in the Department of State between Messrs. Castle, Hyde, McClure, Metzger and Barnes, on behalf of the United States, and Messrs. Wiedfeldt and von Lewinski, on behalf of Germany, on December 1, 1923, which reads as follows:64
“Article XXII [XVII]
“(15[14]) It was the consensus of opinion that under the provisions of this Article consular officers of the other High Contracting Party might take the testimony on oath of the nationals of the country where such consular officers reside, provided that such nationals are willing to give their testimony before such consular officers.”
The question has now been raised by a German lawyer, who wishes to be informed as to the applicability of a testimony taken from an American citizen before a German consular officer, whether or not an American citizen who has declared his willingness to give testimony before a German consular officer in the United States, could be prosecuted for perjury if in such testimony he made a false statement under oath.
As the Treaty is part of the Federal Law, an expression of opinion on the question by the Federal Authorities would be appreciated.
- Left at the Department Aug. 29, 1928, by the Second Secretary of the German Embassy.↩
- Foreign Relations, 1923, vol. ii, pp. 29, 41.↩
- ibid., pp. 24, 26.↩