352.115/297: Telegram

The Counselor of Embassy in Spain (Thurston) to the Secretary of State

738. A decree dated August 6 designed to prevent the flight of wealth contains the following provisions:

“Article 4. Foreign entities and persons residing in Spain are required to present within 5 days to the branches or sub-branches of the Treasury Department in loyal territory the precious stones and metals, pearls, and jewels which they possess specifically described for the purpose of obtaining a permit for their retention. Failure to comply with this requirement shall constitute sufficient cause to prevent the exportation of those effects”.

As it is quite certain that the authorities designated are not yet prepared to undertake the duties thus imposed upon them, and as it is unreasonable to expect Americans absent from Madrid, for example, to entrust to agents the transportation of their household silver and similar valuables to treasury offices (where furthermore they might be required to leave them indefinitely) I have advised those Americans who have consulted me that for the present they should merely prepare and deliver to the Embassy lists of their valuables and that the Embassy would discuss the subject with the authorities. I have [Page 538] orally and informally taken up the matter at the Ministry of State pointing out the inconvenience that would be caused by a literal application of the decree, and objecting specifically to the excessively short time limit stipulated. It is probable that the time limit and penalty features will be amended or disregarded but that the other requirements will remain in effect. Have you any instructions?

The British Embassy has merely informed the Foreign Office of this decree.

Thurston