150.01/1874

The Secretary of State to the Consul General at Berlin (Messersmith)

Sir: Reference is made to the Department’s strictly confidential instruction of July 18, 1931, to your office with regard to the procedure to be followed in the consideration of the visa applications of certain aliens, including persons coming from Russia, whose entry [Page 984] into the United States would be to the advantage of the public and economic interests of the United States; and your attention is drawn particularly to the second paragraph on page three of that instruction, in which it is stated that you should refuse, without reference to the Department, the visa application of any alien whose inadmissibility arises through affiliation with any of the organizations mentioned in III (2) of the Department’s circular instruction of July 18, 1931 (Diplomatic Serial No. 2023), or by reason of his implication in any action directed specifically against the Government of the United States.

It has come to the Department’s attention that a visa applicant has recently been refused a visa without reference of his case to the Department, on the ground of his membership in the branch in Russia of the organization mentioned under III (2) (f) of the Department’s circular instruction of July 18, 1931 (Diplomatic Serial No. 2023). It was not the intention of the Department that membership alone in one of the organizations, or branches thereof, enumerated in III (2) of that instruction should be considered sufficient ground for refusal of a visa without reference to the Department. With a view to making clearer the Department’s intention in this respect, the second paragraph on page three of the strictly confidential instruction of July 18, 1931 is amended to read as follows:

“The foregoing procedure is not to be followed and visas are to be refused by you without reference to the Department in the case of any alien, irrespective of the purpose of his proposed visit to the United States, whose inadmissibility arises (a) by virtue of the fact that he has been or is active in the work of one of the organizations mentioned in III (2) of the Department’s instruction of July 18, 1931 (Diplomatic Serial 2023), that is, has taken part in a meeting of such an organization, has been or is a member of any organ of such an organization, or has participated or is participating in any capacity in the work of such an organization, or (b) by reason of his implication in any action directed specifically against the Government of the United States.”

Similar instructions are being sent to the Consulates General at London and Paris and to the Consulate at Riga, and a copy of the latter is being sent to the American Minister at Riga. The injunction as to secrecy contained in the strictly confidential instruction of July 18, 1931 applies, of course, to this instruction.

Very truly yours,

For the Secretary of State:
Wilbur J. Carr