390D.11/105

Memorandum of Conversation by the Chief of the Division of Near Eastern Affairs (Murray)

During a call from the Turkish Ambassador60 yesterday I took occasion to discuss with him quite informally the situation set forth in the attached statement61 regarding the status of American citizens of Syrian or Lebanese origin under the terms of the Franco-Turkish Agreement of May 29, 1937.

I told the Ambassador that the Department had received many anxious inquiries from American naturalized citizens of Syrian or Lebanese origin as a result of the above-mentioned agreement between France and Turkey. These citizens are, in brief, concerned [Page 1102] over the fact that if they opt for Syrian nationality under the agreement in question they will, in the opinion of the Department, lose their American nationality, whereas if they fail to opt they will, at least in Turkey, be regarded as Turkish nationals. These American naturalized citizens emphasize that under the present régime in Turkey the Turkish Government neither desires to claim them as citizens nor do they desire to be regarded and treated as such.

While the Department has taken the view that such citizens are unlikely to incur any serious risk of their American nationality being questioned in any courts outside of Turkey, those citizens are nevertheless apprehensive that in any jurisdiction where a determination of their citizenship might be of importance in a court proceeding, it might be held that the pertinent provisions of the Lausanne Treaty62 as well as the Franco-Turkish Agreement of May 29, 1937, definitely establish their Turkish nationality. In particular, such citizens pointed out the likelihood of difficulty in such a country as Egypt, where, unless they were able to establish their American nationality, they would not be eligible to appear before the Mixed Tribunals.

I reminded the Ambassador that we had discussed, some years ago, quite informally the possibility of a naturalization treaty between the United States and Turkey but that the matter had never reached the stage of formal negotiations.63 I said that we were quite aware of the obstacles which, in the view of the Turkish Government, prevented any negotiations at that particular juncture. It was my impression, however, that the situation had meanwhile materially changed particularly in view of the settlement, in 1934,64 of all outstanding claims of American nationals against Turkey. Such being the case the Turkish Government would not, today, by reason of any naturalization agreement affecting former Ottoman nationals originating in detached mandated or independent territories of the former Empire, or even in the case of a general naturalization convention, run any risk of being faced with a large number of old claims on behalf of former Ottoman nationals. The Ambassador agreed that the debt settlement would undoubtedly make it easier for his Government to consider some sort of a naturalization agreement. He observed, however, that it was contrary to the policy of his Government to permit non-Turkish nationals or former nationals of the Ottoman Empire now residing abroad to return to Turkey. The Ambassador added that if it were understood that American [Page 1103] naturalized citizens of non-Turkish Ottoman origin might be excluded from the right to return to Turkey under the protection of their American nationality he thought it might be possible to reach an understanding that would alleviate the present difficulty.

The Ambassador said that he would like to give more thought to the matter and would probably correspond informally with his Government on this question.

Wallace Murray
  1. Mehmet Münir Ertegün.
  2. Not attached to file copy of this document.
  3. Treaty of Peace signed at Lausanne July 24, 1923. For text, see League of Nations Treaty Series, vol. xxviii, p. 11.
  4. See Foreign Relations, 1923, vol. ii, pp. 1191 ff.
  5. For text of Claims Agreement, signed at Ankara, October 25, 1934, see ibid., 1934, vol. ii, p. 933.