862.4016/1580
The Secretary of State to the Ambassador in Germany (Dodd)
Sir: Reference is made to your confidential despatch No. 2469 of November 15, 1935,84 with regard to the possibility of invoking Article I of the Treaty of Friendship, Commerce and Consular Rights between the United States and Germany, signed December 8, 1923,85 in connection with the application of German laws to Jews who are American citizens residing in Germany.
It is not believed that it would be practicable for the Department to formulate an opinion with regard to the general question whether the German legislation, when applied to Jews who are American citizens in Germany, would contravene Article I of the Treaty.
It is suggested that should a particular case arise in which you are of the opinion that the provisions of the Treaty are violated and the violation thereof is susceptible of objective proof, that complete facts be submitted to the Department before representations are made on the basis of a Treaty violation.
In the light of the foregoing, it is not believed that collective action with other missions on the part of the Embassy is warranted, should a disposition for such action develop. Differences between the provisions in the Treaty between the United States and Germany and treaties between other countries and Germany and differences in the facts of cases various countries might encounter in connection with the protection of their nationals, would tend to make collective action difficult to sustain.
It is considered, however, most desirable for the Embassy to continue to cooperate informally with other missions in the exchange of information with regard to the means found to be most effective in protecting the interests of foreign Jews in Germany.
Very truly yours,