362.115/203: Telegram
The Ambassador in Germany (Wilson) to the Secretary of State
[Received June 23—6:45 a.m.]
320. Embassy’s 319, June 21, 7 p.m. The text of the executory decree dated June 18 discussed in my telegram under reference was published this morning. This text by no means corresponds to the press summary issued yesterday. It refers almost exclusively to German nationals liable to registration and stipulates what procedure they must follow particularly when resident abroad. It extends the time limit for registration by German nationals as indicated in 4.
[Page 379]The Embassy immediately took up this matter with the Foreign Office and Economics Ministry asking urgently for clarification in view of pending cases. It was stated in the Economics Ministry that Jews of foreign nationality and residence would not be required to register their property. This information was later confirmed by an official of the Foreign Office who, however, made one exception i. e. that those Jews who had emigrated for political reasons during the past 5 years even though they had acquired foreign citizenship would be required to register. Furthermore, it was stated by the Foreign Office official that American Jews domiciled or resident in Germany would be required to register.
The Foreign Office official said that it had been the desire of the Foreign Office to exempt the property of all Jews of foreign nationality whether the owners were resident in Germany or not but “out of justice” to German Jews the Government decided that foreign Jewish residents of Germany could not be exempted. He said that it would not be “fair” to subject a Jewish shopkeeper whose family had resided in Germany for centuries to this decree while exempting a Polish Jewish decree [sic] shopkeeper from its provisions. It was pointed out to the official that contrary to the press announcement the text of the actual executory decree does not mention any exemption for Jews of foreign nationality resident abroad. He admitted that this was not specifically provided for in the decree but insisted that such property would in practice be exempted unless it belonged to German Jews who had emigrated for “political reasons” during the past 5 years irrespective of whether or not during that period they had acquired foreign nationality. He also said that the decree applied only to natural and not corporate persons.
He asserted the bulk of the information regarding Jewish property called for in the registration forms was already in the possession of the German tax authorities. In this connection it may be noted that according to an American lawyer in Berlin while the greater part of the information required under the decree is already available to the German Government from the tax records the decree goes further than the tax laws in requiring a detailed statement of jewels and all personal property.
The official was told that no comment could be made to his statements until the Embassy had a chance to study the written reply of the Foreign Office to its note. The Foreign Office official said that a reply to the note would be sent today or tomorrow.