390D.11/122a
The Secretary of State to the Chargé in Turkey (Kelley)
Sir: There is enclosed a mimeographed statement65 prepared by the Department in response to numerous inquiries as to the effect upon naturalized American citizens of Syrian or Lebanese origin, and upon their property rights in Syria and the Lebanese Republic, if such citizens opted for Syrian or Lebanese nationality, or failed to opt for such nationality, under the terms of the Franco-Turkish Agreement of May 29, 1937. This agreement, as you are aware, was entered into between the Turkish Government and the French Government, the latter acting on behalf of the mandated territories of Syria and the Lebanon, for the purpose of renewing the right, as from May 29, 1937, to May 29, 1938, which certain persons of Syrian or Lebanese origin had been granted by Article 34 of the Treaty of Lausanne to opt for the nationality in force in their country of origin. It will be recalled that under the terms of the Treaty of Lausanne, in the event such persons did not opt for Syrian or Lebanese nationality, they were considered to have retained their Turkish nationality.
With a view to clarifying the situation brought about by the Franco-Turkish Agreement of May 29, 1937, the American Consulate General at Beirut, as set forth in the enclosed mimeographed statement, obtained from the French High Commission in that city oral assurances, which were later confirmed in writing,66 that American citizens of Syrian or Lebanese origin who visit their native countries temporarily, and who under American law are entitled to receive the protection of the American Government, will continue to be regarded as American citizens by the Syrian and Lebanese authorities in accordance with the provisions of the so-called Gouraud–Knabenshue Agreement concluded between the French and American authorities in Beirut on November 15 and December 2, 1921.67 However, the Department [Page 1104] continues to receive many communications from naturalized American citizens of Syrian and Lebanese origin who point out that if they should fail to opt for Syrian or Lebanese nationality under the Franco-Turkish Agreement of May 29, 1937, they would, in Turkey at least, under the Treaty of Lausanne, be regarded as Turkish nationals, whereas if they should proceed to opt for the nationality of their country of origin their rights as American citizens would be endangered. Such naturalized citizens are further concerned in respect to the possibility that in the course of legal proceedings in a third country the courts might hold that through their failure to opt, they had confirmed their Turkish nationality under the terms of the Treaty of Lausanne and the Franco-Turkish Agreement of May 29, 1937, regardless of the probability that the present régime in Turkey would have no interest in claiming them as Turkish citizens. As an example of the communications received by the Department on this subject, there is enclosed a printed copy of a brief68 prepared by interested persons, members of the Bar of the State of New York.
In view of the existing apprehension in the minds of many naturalized American citizens of Ottoman origin, the Department is of the opinion that it would be desirable to reach an agreement with the Turkish Government as soon as possible with respect to the status of American citizens who were formerly natives of those territories which were detached from the Ottoman Empire by the Treaty of Lausanne. In this connection the Department believes that a simple agreement, through an exchange of notes, by which Turkey would renounce all rights to the allegiance of such persons, would serve the purpose intended. Owing to the difficulty experienced in the past in negotiating a general naturalization treaty with Turkey, it is believed that the proposed agreement might be limited in its application to naturalized American citizens who were formerly natives of any of the detached Ottoman territories, including Syria and the Lebanon, Palestine, Iraq, Transjordan, Egypt and Arabia, rather than of territory now represented by the Turkish Republic. Reference is made in this connection to the enclosed memorandum of a conversation between the Turkish Ambassador and the Chief of the Division of Near Eastern Affairs69 in which the possibility was discussed of negotiating a naturalization agreement along these lines between the United States and Turkey.
Unless you perceive some objection, the Department desires that you inquire of the Turkish Government at the earliest opportunity whether it would be willing to conclude an agreement between the two countries which would regularize the position of those naturalized American citizens of Ottoman origin who were natives of the detached [Page 1105] territories of the former Ottoman Empire, in whose technical allegiance the Government of Turkey is presumably no longer interested. In view of the approaching termination of the period during which persons of Syrian and Lebanese origin may opt for Syrian or Lebanese nationality under the terms of the Franco-Turkish Agreement of May 29, 1937, the Department hopes that a prompt indication of the Turkish Government’s views on this subject may be obtained. The Department is confident that the Turkish Government should view this proposal favorably, since it would in effect achieve for naturalized American citizens a purpose similar to that envisaged in the arrangement between the French and Turkish Governments whereby certain persons of Syrian and Lebanese origin were offered the renewed opportunity to opt for Syrian or Lebanese nationality.
There is transmitted herewith a draft of a proposed exchange of notes which the Department considers the most suitable form of agreement for this purpose, and which you should use as a basis for your discussions with the Turkish authorities. Please keep the Department informed by telegraph as to the progress of your negotiations.
Very truly yours,