390D.11/185
The Ambassador in Turkey (MacMurray) to the Secretary of
State
No. 1277
Ankara, November 23, 1939.
[Received
December 27.]
Sir: Supplementing my telegram No. 147 of
November 21, 5 p.m., I have the honor to make the following report
with regard to the progress thus far realized toward concluding with
the Turkish Government an arrangement to regularize the status of
certain naturalized American citizens who were Ottoman subjects and
are natives of territories detached from the former Ottoman
Empire.
[Page 858]
As the Department will recall (telegram No. 39 of August 4, 3 p.m.,
and despatch No. 1173 of August 8, 1939) the Embassy had been
informed early in August that, with the obtaining of the Minister of
Interior’s oral approval of the plan evolved by the Foreign Office,
the principal obstacle had been cleared, and there remained only the
necessity of obtaining the formal approval of the Ministry of
Interior, and thereafter of drafting a concrete proposal to submit
to us. It was the Embassy’s understanding that that proposal would
take the form of an agreement along the lines of the exchange of
notes and letters suggested by the Embassy, that it would be no less
restricted in applicability than the suggested notes, and that
although it would provide for a procedure requiring the formulation
of lists, the lists would be prepared by the Turkish consular or
diplomatic establishments in the United States after the Department
had cooperated (by enlisting the services of the various
organizations and associations interested, or by other means) in
giving publicity to the fact that such lists had been opened.
During the several conversations which have occurred between August 2
and November 21, the Embassy learned nothing which suggested that
the Turkish proposal would be changed. The written approval of the
Ministry of Interior was obtained in due course, and a proposal was
drafted for the approval of the Secretary General of the Foreign
Office. Numan Bey’s attention, however, was occupied by questions of
more immediate importance to the Turkish Government, and there
occurred meanwhile several changes in the personnel of the Ministry,
which had the effect of depriving this particular matter of an
interested sponsor and placing it under the jurisdiction of a new
Chief of Department who had no first-hand knowledge of the questions
involved and was furthermore absent from Ankara for nearly four
weeks while accompanying the Foregn Minister to Moscow, and who now
seems to have obtained the approval of the Secretary General
(apparently given in haste, on the eve of his departure for Paris
and London on a special mission concerning economic and financial
matters) to a draft agreement which in several respects differs so
widely from the expressed intentions of our Government that it can
serve at best merely as a basis for further discussion. A copy of
the draft, which was informally handed to a member of the Embassy on
November 21, is enclosed simply for the Department’s information.
The Department will not fail to note how widely this draft differs
from what the Embassy had theretofore had reason to expect.
The Embassy feels, however, that even though the draft is
disappointing, it is nevertheless a step forward in that it
constitutes a concrete basis for further conversations, which have
thus far been conducted in a purely theoretical atmosphere.
Respectfully yours,
[Page 859]
[Enclosure]
Draft Agreement
Preamble
The Government of the Turkish Republic and the Government of the
United States of America, being desirous of reaching an
agreement with a view to regularizing the status of the Syrians,
nationals of the former Ottoman Empire, who became American
citizens by naturalization prior to the putting into force of
the Treaty of Lausanne, as well as the persons of Syrian origin,
who in virtue of Article 34 of the Treaty of Lausanne and
Article 2 of the letter annexed to the Turco-French Agreement of
May 29, 1937, have not availed themselves, within the period
contemplated in the above mentioned article, of their right of
option and who, therefore, remain Turkish nationals.
Have decided to conclude an arrangement settling these questions
and to that end have designated their plenipotentiaries, to
wit:
. . . . . . .
Who after having exchanged their full powers found to be in good
and due form, have agreed upon the following provisions:
Article 1
The Government of the Republic agrees to recognize, within six
months from the transmission by the American Government of
detailed lists to the competent Turkish authorities, American
nationality to the persons of Syrian origin, nationals of the
former Ottoman Empire, who, without obtaining the prior
authorization of their Government, acquired the character of
American citizens through naturalization prior to August 6,
1924.
Such lists shall be made out according to the model annexed to
this arrangement.14
Article 2
The Government of the Turkish Republic agrees to grant, within
six months following the transmission by the American Government
of the detailed lists to the competent Turkish authorities,
authorization to acquire American nationality to persons of
Syrian origin, nationals of the former Ottoman Empire, who, in
virtue of Article 34 of the Treaty of Lausanne and of Article 2
of the letter annexed to the Turco-French Agreement of May 29,
1937, have not availed themselves, within the period
contemplated by the said agreements, of their right of option
and who, therefore, remain Turkish nationals.
Such lists shall be made out according to the model annexed to
this arrangement.14
[Page 860]
Article 3
Married women shall follow the conditions of their husbands, and
children under 18 years of age shall follow the conditions of
their parents.
Article 4
It is understood that all formalities carried out by Turkish
authorities up to the date of the notification by the Government
of the Republic to the American Government of its acceptance of
the detailed lists contemplated above, on the ground of the
previous Turkish nationality of the persons whose nationality
will be regularized in virtue of the provisions of the foregoing
articles, and relating to questions of status and property,
remain valid within the framework of the provisions of law in
force in Turkey.
Article 5
The Government of the United States of America undertakes not to
present any claim before the Government of the Turkish Republic
in favor of the persons contemplated in the foregoing articles,
for acts which occurred prior to the regularization provided for
in this arrangement, nor to support any claims of theirs
relating to the same period.
Article 6
The persons contemplated by this arrangement who shall have
acquired American nationality in accordance with the foregoing
articles shall lose definitely the right to reenter Turkey.
Article 7
This arrangement shall be ratified and shall enter into force
from the date of the exchange of ratifications.
