611.6231/559

Memorandum by Mr. Rudolf E. Schoenfeld of the Division of Western European Affairs

October 14, 1934, is the earliest date on which notice of termination of the Treaty between the United States and Germany of Friendship, Commerce and Consular Rights can be given. If availed of, the Treaty will expire a year later.

We have, of course, had serious controversy with the Germans over the application of the most-favored-nation clause embodied in Article VII of the Treaty. The German Government has, at times, treated it as though it were more or less a dead letter. There has in consequence been a tendency to consider the Treaty as comparatively useless.

I am personally not of that opinion. The Treaty embodies many other guarantees and privileges for our consular officers and our nationals and even though in the present period of extreme nationalism in Germany a number of treaty provisions have been rendered nugatory. I believe it would be inadvisable to abrogate it.

We, of course, have no intimation as to whether the Germans intend to discontinue the Treaty.

I bring the matter up at this time merely as a reminder.