362.115/209: Telegram

The Ambassador in Germany (Wilson) to the Secretary of State

323. Embassy’s 320, June 22, 7 p.m. There follows translation of Foreign Office note of June 24:

“In reply to note verbale No. 69 of May 942 the Foreign Office has the honor to inform the Embassy of the United States of America as follows:

1.
Under section 7 of the decree of April 26, 1938, governing the registration of the property of Jews, Jews of American nationality are obliged to register their property located in Germany. The Foreign Office begs to inform the Embassy, however, that the competent internal administrative authorities will waive application of the registration procedure to Jewish property in the hands of American nationals if the latter have their permanent domicile abroad unless they are former Reich nationals who have emigrated.
2.
If the question should arise under section 7 of the decree referred to of using registered Jewish property as a requirement of German economy the Foreign Office begs to inform the Embassy of the United States of America even at this point that in each individual case an investigation will be made as to whether the rights of American nationals guaranteed in the German-American Treaty of Friendship, Commerce and Consular Rights of December 8, 1923 are given consideration.”

Upon receipt of the note the Embassy got into touch with the Foreign Office and pointed out that the note differed from the information orally given yesterday. It was then stated that the property of American Jews resident outside Germany would in practice be exempted unless it belonged to Jews formerly of German nationality who had emigrated “for political reasons” during the past 5 years (see Embassy’s 320, June 22, 7 p.m.) whereas according to first paragraph of the note Jewish property is subject to the terms of the decree if it belongs to former Reich nationals who have emigrated with no limitations as to the period or cause of their emigration. The Foreign Office official asserted that the information previously orally given could be relied on as official and that the German Government would not require the registration of the property of Jews now of American nationality resident outside Germany but formerly of German nationality provided they had not emigrated from Germany since 1933 for Political reasons. He insisted that it was an oversight that some such [Page 384] phrase as “Jewish political emigrants since 1933” was omitted from the note.

The Embassy will seek a written confirmation of this information.

Wilson
  1. See telegram No. 63, May 7, 1938, 5 p.m., to the Ambassador in Germany, p. 369.