711.679 Residence and Establishment/40: Telegram
The Secretary of State to the Ambassador in Turkey ( Grew )
1. Your 6, October 19, 3 p.m.
(1) There exists in the District of Columbia, and perhaps in other jurisdictions of the United States, provision for exemption from cautio judicatum solvi as regards alien paupers. In this respect the Turks, of course, would enjoy the same treatment as is accorded in all such jurisdictions to nationals of the most favored nation. If you do not see any objection at this time to raising the question of local laws, you may in an appropriate manner assure the Turks that the United States Government would not invoke, in cases of its citizens [Page 864] in Turkey from American States which do not accord exemption from cautio judicatum solvi to aliens, the most-favored-nation treatment in this respect.
The Department assumes, in view of the Turkish inquiry regarding the above matter, that they consider the phrase “most-favored-nation treatment” in the formula to imply unconditional most-favored-nation treatment, which is not the case under judicial decisions in the United States. The Department considers that, strictly speaking, American citizens of the category mentioned above could not, under simple most-favored-nation treatment, claim exemption from cautio judicatum solvi, but it is considered undesirable for you to point this out to the Turkish delegation.
(2) The Department has no objection to omitting all mention from the formula of national treatment, whereupon the latter half of the formula would read:18 “The United States will accord to Turkey and Turkey will accord to the United States most-favored-nation treatment in all cases.”
(3) The Department has no objection to a statement by you, preferably in a letter to the Turks, that18 “The United States applies the same immigration laws and regulations to aliens coming from all European countries as are applied to aliens coming to the United States from Turkey.”