852.01/374: Telegram
The Secretary of State to the Consul at Seville (Bay)
30. Your telegram no. 27, May 21, 5 p.m. and despatch no. 250 of May 22.76 Following statement is in reply to points raised in memorandum presented to you at Burgos:
Points 1 and 2, general. It would not be legally possible for this Government to accord to representatives of an unrecognized regime those consular rights and privileges which are now exercised, under existing treaty provisions, by the consular representatives in the United States of the Spanish Government with which this Government maintains diplomatic relations. As was stated in the Department’s telegram no. 18, May 9, 6 p.m., this Government has taken no step which might be construed as recognition of the regime of General Franco.
Point 2 (a). While agents of General Franco cannot be permitted to perform consular functions in the United States or to issue consular documents as such, there is no restriction under our practice to the issuance or visaing by them of documents which are to be used in territory under the control of General Franco. (b) While this Government cannot recognize passports issued by agents of General Franco, in reality this presents no practical problem. Persons bearing such documents are being granted visas without being required to present any other passport. In the cases of non-immigrants evidence [Page 218] of permission to enter a foreign country upon completion of their temporary stay in the United States would, of course, be required. There are no restrictions on issuance of travel documents for use in other countries by Franco agents acting in this country in an unofficial capacity, (c) Notarial services cannot be recognized in this country but there is no objection to services of this nature for use in Franco territory, (d) There is no objection to the recording of vital statistics for transmission to Franco authorities, but this Government can assume no responsibility in this connection, (e), (g), and Point 3. Since this Government does not recognize the regime of General Franco, it could not recognize the flag or official seal or paper of that regime. This Government could not, therefore, agree to permit the display of that flag or seal by a Franco agent on his residence, or enter into any undertaking with respect to the flying of that flag on vessels visiting American ports. There are no restrictions on the issuance of necessary documentation by Franco agents here to enable vessels in general to proceed to ports in Spain under his control. (f) Agents could not collect fees for consular services which they cannot be permitted to perform. No objection is perceived to collection of customary fees by them for services of the kind mentioned above not performed in a consular capacity, (h) This Government could undertake no obligation with respect to affording Franco agents access to official centers, nor could they be given any official status for this purpose. It is not believed, however, that they would have any difficulty in approaching the appropriate local officials in this country in a personal capacity, (i) There is no censorship of postal, cable or telegraphic communications in this country.
In conclusion it may be observed that while there is no provision in our laws, regulations or practice for the recognition of agents of a regime not officially recognized by this Government, the unofficial representative of the Franco regime in this country can perform documentary services of the nature indicated above and has freedom of communication with the Franco authorities.
No practical reason is perceived, therefore, why our consular officers in territory under the control of General Franco should not be permitted to continue to function. The maintenance of our consular officers in Franco territory would seem to be in the mutual interest of all concerned.
You are authorized to proceed to Burgos and to convey the above statement orally to the appropriate authorities. Transportation expenses and six dollars per diem authorized, subject travel regulations, chargeable “Transportation Foreign Service Officers, 1938”.
- Despatch not printed.↩