711.942/297
The Secretary of State to the Secretary of Labor (Perkins)
My Dear Madam Secretary: Reference is made to your Department’s letter under date October 9, 1939, and the Department’s reply thereto of October 23,56 in regard to questions presented by the forthcoming termination of the commercial treaty of 1911 between Japan and the United States as it affects the status of Japanese treaty merchants now residing in the United States. It was stated in the Department’s letter under reference that the Department would expect to communicate again with the Department of Labor before the date upon which the treaty of 1911 will terminate in regard to question 2 in the enclosure to your Department’s letter of October 9, which reads as follows:
“If no rulings have yet been adopted does the Commissioner of Immigration and Naturalization interpret the regulations now in effect in such a manner as to permit Japanese Treaty traders to remain in this country for the purpose of carrying on trade after January 26, 1940, the date upon which the Commercial Treaty of 1911 terminates?”
It was stated in your Department’s letter of October 9 that the Commissioner of Immigration and Naturalization was inclined to suggest that aliens whose status as “treaty merchants” would lapse in the absence of treaty provisions within the meaning of Section 3 (6) of the Immigration Act of 1924,57 as amended, may be allowed to qualify as visitors temporarily admitted for business under Section 3 (2) of the Immigration Act of 1924, and that the Immigration and Naturalization Service was prepared to be guided by the advice of the Department of State on this subject.
The Department is of the opinion that, in the case of aliens whose status as “treaty merchants” will lapse upon the termination on January 26, 1940, of the Treaty of Commerce and Navigation of 1911 between the United States and Japan, it would be appropriate to follow the procedure suggested in your Department’s letter under reference.
Sincerely yours,
Assistant Secretary