362.115/357: Telegram
The Chargé in Germany (Gilbert) to the Secretary of State
[Received December 12—3:15 p.m.]
716. 1. A note dated December 10 has been received from the Foreign Office of which the following is a translation of the text:
“In reference to the note verbale of the Ministry for Foreign Affairs of November 29, 846022/11” (reported in Embassy’s 677, December 1, noon71) “the Ministry for Foreign Affairs has the honor to reply to the courteous note verbale No. 244 of November 21, 1938 from the Embassy of the United States of America” (reported in Embassy’s 643, November 21, 4 p.m.) “as follows:
In accordance with the decree governing the elimination of Jews from German business dated November 12, 1938, all Jews are prohibited from operating retail stores, mail order or forwarding houses as well as from carrying on a trade independently after January 1, 1939. As of the same date they are furthermore forbidden to offer wares or business services, to advertise them or to accept orders for them at markets of any kind, at fairs or expositions.
This decree applies also to Jews who possess a foreign nationality. But in all cases where American citizens are involved the competent internal administrative authorities before taking any measures will take into consideration the provisions of German-American agreements now in force.
In this connection the Foreign Office begs to refer to the remarks in its note verbale No. 82–3220–6 of June 24, 1938” (reported in the Embassy’s 323, June 24, 6 p.m.)
2. I was this morning preparing to present personally at the Foreign Office the note transmitted textually in the Department’s No. 228, December 10, 1 p.m., when I was informed that an uncertainty existed respecting certain words due to garbled code groups. I directed that “services” be immediately requested of Washington on these groups.
Shortly thereafter I was informed by an official of the Foreign Office that a note was on its way to the Embassy and later the note set until in paragraph 1 above arrived.
I have no way of knowing whether the Department will wish to give further consideration to the note transmitted in its No. 228 in the [Page 414] light of the reply to our note of November 21 given above. In view, nevertheless, of the possibility that such consideration is desired I am delaying its presentation until further instructed by the Department.
3. In conversation relative to the delivery of the note with the Foreign Office official mentioned above I learn that a reply of this character is not being sent at this time to certain other Governments which have made inquiries in these matters similar to our own but that this action may be taken later.
In various connections having a bearing on these matters I believe the Department will wish also to consider my No. 713, December 12, 9 a.m.
- Not printed.↩