In connection with the foregoing, there is transmitted herewith a
self-explanatory copy, in original and translation, of the reply from
the Ministry for Foreign Affairs.
. . . . . . . . . . . . . .
[Enclosure—Translation]
The German Foreign
Office to the American Embassy in
Germany
Note Verbale
I. In reply to the Circular Note from the Ministry for Foreign
Affairs dated November 26, 1929—I D 5114—and its enclosure (copy of
the Order of the Reich Minister of Finance dated October 23,
1929,43 governing
duty and tax exemption for consular goods) relative to the general
offer of reciprocal exemption from duty and additional internal
imposts for foreign consular representatives and the members of
their families in Germany, the former Ambassador of the United
States of America stated in a note of January 2, 1930—N 3377—that
the German “consular officers and clerks” in the United States
enjoyed the privilege of “free importation.” The note did not make
mention of exemption from the payment of imposts for members of the
families of persons in the consular service.
As is known, negotiations have been going on for some time between
the German Government and the Government of the United States of
America on the interpretation of Art. XXVII of the German-American
Treaty of Friendship, Commerce and Consular Rights dated December 8,
1923, particularly on the exemption of members of the consular [Page 119] service from duty, without
a complete agreement having been reached regarding the persons to be
included (II) and the extension of exemption to include additional
internal imposts (III).
II. The German Government is inclined to interpret the expression
“consular officers and clerks” used in the Note of January 2, 1930,
as meaning consuls general, consuls, vice consuls, interpreters,
interpreters’ assistants and consular agents (in other words, those
employees who have heretofore been included in the term “consular
officers” in the American interpretation) as well as consular
clerks, consular secretaries, consular treasurers, the consular
personnel and other government personnel permanently assigned to
consular officers (as, for instance, commercial attaches, trade
commissioners, immigration officers, physicians, experts), are to be
included. Should this also be the opinion of the Government of the
United States of America (a communication on the subject is
requested from the American Embassy) an agreement in keeping with
the wishes expressed on both sides would then have been reached on
the subject of the persons who shall be exempted from duty, with the
exception of the members of their families who will be discussed in
detail below. Art. XXVII would in that case not require
interpretation by means of an exchange of notes as planned by
Washington, but the exchange of notes which has already taken place
would furnish the necessary clarity and the basis for uniform mutual
tariffs.
That also such members of the consular service shall be granted
exemption from duty who, according to the foregoing interpretation,
do not fall within the term “consular officers and clerks,” namely,
office boys, messengers, doormen, etc., furthermore the house
servants of “consular officers” (of consuls general, consuls, vice
consuls, interpreters, interpreters’ assistants and consular agents)
for the reason that these persons may be considered as coming within
the term “and suites” in Art. XXVII, has already been agreed upon
with Washington.
The matter still to be agreed upon would therefore be to determine
those members of the consular service whose families are to be
granted the privilege of exemption from duty. As may be seen from
the Order of the Reich Minister of Finance of October 23, 1929, the
German Government is willing, provided reciprocity is vouchsafed, to
grant exemption from duty to members of the families of all persons
who come under the term “consular officers and clerks” in the
foregoing interpretation, and the German Government would be
grateful for an early statement from the American Government
regarding its agreement.
III. The Foreign Office further begs to be given a more precise
explanation of the term “free importation” used in the Note of
January 2, 1930. As exemption from the payment of internal imposts
was [Page 120] likewise offered in
the Circular Note of November 26, 1929, or rather in its enclosure,
and this exemption from imposts was also dealt with at length in the
discussion on the interpretation of Art. XXVII, the German
Government would be gratified if “free importation” were meant to
express complete exemption from all imposts connected with
importation, therefore also exemption from addition[al] internal
imposts. Internal imposts are imposts on production or manufacture,
consumption and sale—an understanding with Washington has already
been reached on the subject. However, exemption is not to be
extended to articles of home production or manufacture, if they are
re-imported into the country of their origin or taken from
warehouses which enjoy exemption from such imposts for the purpose
of exportation or warehousing, and the right of importation duty
free is to be applicable only to such consignments as are addressed
direct to the privileged persons. Should the Government of the
United States of America interpret the term “free importation” in
the foregoing manner, the questions of how far it might be possible,
according to the interpretation of Art. XXVII or of the
most-favored-nation clause contained in Art. XVII relative to
treaties with third states, to grant exemption from internal imposts
to certain members of the consular service, would be answered by the
fact that this privilege would be granted to “consular officers and
clerks” by way of free agreement on the basis of reciprocity.
The Foreign Office would appreciate it if the attitude of the
American Government in the matter could be communicated to it as
soon as possible.44
