Foreign Relations of the United States Diplomatic Papers, 1938, The British Commonwealth, Europe, Near East, and Africa, Volume II

390D.11/156a

The Secretary of State to the Ambassador in Turkey (MacMurray)

No. 279

Washington, July 21, 1938.

Sir: Reference is made to the Department’s instruction of February 15, 1938, and to your telegram of June 15, 1938, regarding the desire of the Department to effect, by exchange of notes with the Turkish Government, an understanding regarding the citizenship of certain naturalized American citizens who are natives of former parts of the Ottoman Empire.

As a result of several conversations with the Turkish Ambassador in Washington, a revision has been made of the draft exchange of notes between the Government of the United States and Turkey enclosed with the Department’s instruction of February 15. This revision is acceptable to the Department and to the Turkish Ambassador, and the latter is understood to be sending a copy thereof to his Government with recommendations that it be adopted. The revised draft is attached hereto as enclosure No. 1.

It has developed during the conversations referred to above that the Turkish Government may desire assurances on two particular points: (1) the Turkish Government’s right to refuse admission to Turkey of persons who have lost their Turkish citizenship, and (2) the Turkish Government’s right to refuse to receive diplomatic claims on behalf of persons who, under Turkish law, were Turkish citizens at the time the claims arose. The Turkish Ambassador is apparently in accord with the Department’s view that in practice the Turkish Government’s position with respect to the above particulars would not be affected in any way by the Turkish Government’s action in releasing from Turkish nationality those naturalized American citizens originating in former parts of the Ottoman Empire who were entitled under the Treaty of Lausanne to opt for the nationality of the country of their origin but who in fact did not exercise that right. However, in order to meet the Turkish Government’s possible objections, the Department suggests, in addition to the exchange of notes, a supplementary exchange of letters, to bear the same date as the exchange of notes, giving assurances, if necessary, on the points mentioned. A draft of the suggested supplementary exchange of letters is enclosure No. 2 hereto. This draft also has the full approval of the Turkish Ambassador.

It will be observed that in its supplementary letter, the Embassy would set forth, with respect to claims, merely a statement with regard to the American Government’s long established practice not to espouse the claim of a person who, under American law, was not an American citizen at the time the claim arose. The Turkish Ambassador has pointed out that although his Government could not properly request the American Government to make a more inclusive statement with regard to claims, his Government might not be entirely satisfied with the statement in the proposed letter. He suggested that his Government might wish to make a unilateral declaration to you in writing, at the time of the exchange of notes, drawing attention to the fact that it did not intend that anything in the exchange of notes should be construed as indicating a change in the position taken by the Turkish Government at the time of the Turkish-American claims settlement of 1934, when the Turkish Government declined to accept diplomatic claims on behalf of persons who, under Turkish law, were Turkish nationals at the time the claims arose. You may accept without comment such a unilateral declaration.

For your information, there are also attached, as enclosures Nos. 3, 4 and 5, memoranda of conversations between the Turkish Ambassador and officials of the Department on June 2, June 20 and July 2, 1938,⁷⁹ on this subject. It will be observed from these memoranda that the Turkish Ambassador is of the opinion that one of two methods might be employed by the Turkish Government to release from Turkish citizenship the persons to be affected by the exchange of notes. The first method would be by action covering individual persons, and would be based on a list of names which would be submitted to the Turkish Government by the Government of the United States. This method, the Ambassador believes, could be adopted by the Turkish Council of Ministers without ratification by Parliament. It has been pointed out to the Ambassador that this method would be impracticable for the American Government, since the drawing up of a list of names would entail investigations very difficult if not impossible of accomplishment. The Ambassador suggested that the second method would be by blanket action of the Turkish Government, canceling as of a given date (probably the date of the exchange of notes) the Turkish nationality of all persons coming within the stated category. The Ambassador is inclined to the opinion that blanket action would require the approval of the Turkish Parliament. He agreed, however, to request his Government to explore every possibility to discover some legal means by which the Council of Ministers might take blanket action by decree, without the delay which would be entailed by ratification by Parliament.

The Department suggested to the Turkish Ambassador that he might point out to his Government that it had agreed, in the Treaty of Lausanne, that certain of its nationals might opt for Syrian, Lebanese, Iraqi, or other citizenship, and that the present exchange of notes was designed in fact to extend to those persons who had not so opted the privilege of making fully effective their election (or “option”) to become American citizens rather than to become citizens of Syria, the Lebanon, etc. Since the action requested by the American Government was therefore quite in line with principles already approved by the Turkish Parliament in its ratification of the Treaty of Lausanne, it was hoped that the Turkish Council of Ministers might be in a position to release from Turkish citizenship, by blanket action, the persons to be affected, without the necessity of parliamentary ratification.

In view of the full agreement which has now been reached between the Turkish Ambassador and the Department, it is believed that no useful purpose would be served by further discussions of the subject in Washington between the Department and the Turkish Embassy. Furthermore, since final decision must be taken by the Turkish Government, you should proceed with the negotiations and request the Turkish authorities to agree to an exchange of notes and, if necessary, of letters in accordance with the enclosed drafts.

Very truly yours,

For the Secretary of State:

R. Walton Moore

[Enclosure 1]

Revised Draft of Exchange of Notes

Excellency: In the course of discussions which have taken place between us I had the honor to explain to Your Excellency that a considerable number of persons who have acquired American citizenship through naturalization and who originated in territories detached from Turkey under the provisions of the Treaty of Lausanne of July 24, 1923, refrained from exercising the right of option accorded them by Article 34 of that Treaty and extended for one year, in so far as persons originating in Syria and the Lebanon are concerned, by the Turkish-French Agreement of May 29, 1937, because such option would have jeopardized their American citizenship.

From these same discussions it is my understanding that, from the date of the present exchange of notes, the Government of Turkey releases from their Turkish nationality, in accordance with the provisions of the Turkish Nationality Law of May 28, 1928, those naturalized American citizens originating in the aforementioned territories who, though entitled under the provisions of Article 34 of the Treaty of Lausanne or the Turkish-French Agreement of May 29, 1937, to opt for the nationality of their country of origin, did not in fact exercise their right. I also understand that the Turkish Government will release from Turkish nationality, in accordance with the Turkish Nationality Law of May 28, 1928, any persons originating in the aforementioned territories who, although entitled to opt under the terms of one or both of the above-mentioned agreements, have not in fact exercised their right of option, provided that those persons have formally declared their intention to become American citizens or provided they make such declaration within one year from the date of the present agreement, such release from Turkish nationality to become effective upon the date the persons in question legally acquire American citizenship.

If my understanding as set forth above is correct, I should be pleased if Your Excellency would be good enough to confirm it by a communication reproducing the above terms, in which case it would be understood that this arrangement enters into force as of this date.

Accept, Excellency [etc.]

(The reply of the Turkish Government would coincide verbally with the above.)

[Enclosure 2]

Draft of Supplementary Exchange of Letters

Excellency: During the course of discussions which we have had in connection with the notes exchanged this day concerning the release from Turkish nationality of certain American citizens originating in territories detached from Turkey under the provisions of the Treaty of Lausanne of July 24, 1923, Your Excellency inquired whether it is the practice of the United States Government to espouse and support diplomatic claims on behalf of naturalized American citizens if such claims arose prior to the date on which the American citizens in question acquired American nationality. Your Excellency also requested my Government’s interpretation of the final paragraph of Article 1 of the American-Turkish Treaty of Establishment, signed at Ankara on October 28, 1931, reading as follows:

“Nothing contained in this treaty shall be construed to affect existing statutes and regulations of either country in relation to the immigration of aliens or the right of either country to enact such statutes.”

In reply I am glad to assure Your Excellency, under instructions from my Government, that the United States Government considers that the provisions of the above quoted paragraph leave both Governments free to enact such legislation as each may consider appropriate regarding the admission of aliens into its territories.

I am further authorized to state that it has been the invariable practice of the United States Government, confirmed by nearly a century of usage, to decline to espouse or support the claims of naturalized American citizens if such claims arose prior to the date on which those citizens acquired American nationality. I am also authorized to state that the United States Government has no intention of departing from its practice in this respect.

Accept, Excellency [etc.]

(The reply of the Turkish Government would coincide verbally with the above.)

79. Ante, pp. 1108, 1109, and 1112.