711.544/21

The Chargé in Switzerland (Bigelow) to the Secretary of State

No. 5067

Sir: I have the honor to refer to the Legation’s despatch No. 4902 of April 6, 1937, transmitting a copy of a note from the Federal Political Department submitting a counter-proposal for an agreement; between Switzerland and the United States relative to exemption from military service of certain persons having dual nationality, resembling provisions of the Convention of November 1, 1930, between the United States and Norway on the same subject.

I have lately received from the Department copies of Treaty Series No. 913 containing the text of the Protocol concluded at the Hague in 1930 between the United States of America and other Powers, relative to military obligations in certain cases of double nationality, which entered into force between ten States on May 26, 1937.29 The entry into force of this Protocol, I considered, afforded me an opportunity to inquire informally whether the Swiss authorities were likely to adhere to the Protocol, although, as reported in despatch No. 4902 of April 6, they had previously stated that Article I of the treaty text proposed by the United States—similar to Article I of the Protocol—was not acceptable to them.

I decided to make such an informal inquiry with the thought that a further conversation at this time might enable me to obtain information as regards the Swiss attitude which would be helpful to the Department in connection with consideration of the Swiss counter-proposal. I have ascertained, as a result, that there is no change in the attitude of the Swiss authorities. I was told that they have no intention of ratifying the Protocol in question, and the point was made that it has not been adhered to by any of the States adjoining Switzerland.

Without desiring to express an opinion as regards the acceptability to the United States of Article I of the Swiss counter-draft, I believe, however, that an agreement in some such form would serve a very useful purpose, not only at this time but especially in the event of any general mobilization of persons subject to Swiss military service. As a result of my inquiries here, I am of the opinion that further discussion of the matter between representatives of the two Governments will not induce the Swiss authorities to enlarge the scope of Article I of their proposed draft, and I might add that they impress me as being entirely indifferent as to whether their counter-proposal, which they say was drawn up wholly in a spirit of accommodation, is acceptable, or not, to the Government of the United States.

Respectfully yours,

Donald F. Bigelow
  1. Protocol signed at The Hague, April 12, 1930, Foreign Relations, 1930, vol. ii p. 224.