362.115/218: Telegram
The Ambassador in Germany (Wilson) to the Secretary of State
[Received June 28—1:25 p.m.]
331. Without taking any position on the German note of June 24 respecting the registration of Jewish property we continued our consultations with the Foreign Office officials this morning in an endeavor to clarify the various points discussed in my 323 of June 24, 6 p.m. and 326 of June 25, 5 p.m.
To this end we submitted an informal memorandum stating our understanding of the information given us orally on June 24 and 25. We further requested a definition of “political emigrant” and confirmation of the statement that emigration before January 30, 1933 would not be considered as political.
[Page 385]With reference to my 321 of June 23, noon,44 it was pointed out that the decree of June 18 prolonging the time limit for registration of persons resident outside Germany appeared to apply only to German nationals and inquiry was made as to whether this prolongation would be granted to non-German Jews whom the German Government considered as obligated to register. The officials replied that they were of the opinion that the time limit prolongation would be generally applied to persons resident outside Germany.
The Foreign Office officials agreed to study our memorandum and stated that they would communicate with the Embassy later after renewed consultation with the competent German authorities.
I think it is clear that the German Government is trying to meet our desires in this matter without rescinding the Jewish property registration decree. I believe that under the present circumstances the Embassy will be able to protect American Jewish property from being taken over by the German Government to be used “in harmony with the requirements of German economy.”
Nevertheless, in order to keep our record and position clear, I recommend that an acknowledgment of the Foreign Office note be made which will reiterate our objection to discrimination and distinctions made between American citizens in the decree but which will not necessarily call for a reply. The following phraseology is suggested.
“The Embassy of the United States of America acknowledges the receipt of the Foreign Office [note] of June 24 in which it is stated that the German Government will waive application of the registration procedure prescribed under section 7 of the decree of April 26 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. The Embassy also refers to oral assurances received at the Foreign Office that in the execution of this decree the German Government will also not require the registration of Jewish property of American citizens resident outside of Germany but formerly of German nationality, provided they had not emigrated from Germany since 1933 for political reasons.
According to the note under acknowledgment as supplemented by the oral assurances above referred to, Jewish property in the hands of American citizens resident in Germany as well as such property of American citizens who emigrated from Germany for political reasons since 1933 will still be subject to the provisions of the decree in question. Since therefore there will still remain discrimination as between American citizens, the Embassy is instructed again to record the firm position of the Government of the United States, in accordance with the provisions of the Treaty of Commerce and Consular Rights of December 8, 1923, that the rights of American citizens in Germany should receive full protection without exception based upon race or creed.”
- Not printed.↩