102.8102 Taxation/14/France

The Secretary of State to the Ambassador in France (Herrick)

No. 3065

Sir: The Department has received your Embassy’s despatch No. 9265 of January 8, 1929, and is gratified to learn that as a result of your Embassy’s representations the French authorities concerned have decided to exempt Messrs. Kelly. Canty, Green and Hall, Trade Commissioners and Mr. J. F. O’Neill, Customs Representative from personal taxes. The Department has informed the Department of Commerce and the Treasury Department of the French Government’s decision in the matter.

It is noted that the action of the appropriate French authorities in this case is based on the grounds that “Messrs. Green, Canty, Kelly, Hall and O’Neill should be considered as being part of the personnel of the American diplomatic mission in France”.

The Department confidently leaves to your discretion the best procedure to follow in order to insure that its policy with regard to the diplomatic status of Trade Commissioners and Assistant Commercial Attachés as set forth in the circular instruction of April 28, 1927,19 shall be adhered to and that the names of Messrs. Kelly, Canty, Green, Hall and Mr. J. F. O’Neill shall not be included in the diplomatic list issued by the French Foreign Office.

While for technical reasons it may have been necessary in order to exempt these gentlemen from personal taxation to consider them as being part of the personnel of your Embassy it is not believed that it will be advisable in any other way to consider them as being invested with a diplomatic character. In other words the Department does not deem it desirable that the persons in question should be considered as enjoying general diplomatic immunities other than the exemption from taxation. It may be added for your confidential information that American Trade Commissioners in India for the purposes of taxation are deemed to be attached to the American Embassy at London but that they do not on this account enjoy any of the diplomatic immunities and privileges usually attached to persons who are in the suite of a diplomatic envoy.

In this connection, your attention is invited to Confidential Circular of December 24, 1925, (File No. 102.1702—16820), in which you were instructed to discontinue the use of the term “Customs Attaché and to use for such officers the term “Customs Representative”.

I am [etc.]

For the Secretary of State:
W. R. Castle, Jr.
  1. Not printed.
  2. File has been changed to 121.57/14; Foreign Relations, 1925, vol. i, p. 252.