811.2222 (1940)/77

The German Chargé ( Thomsen ) to the Secretary of State

III T. E. 1344

Mr. Secretary of State: I have the honor to call Your Excellency’s attention to the following matter:

In the “Selective Training and Service Act of 1940” in Section 3 (a) it is ordered among other things that every foreigner of the age of 21 to 35 years, residing in the United States, who has declared that he intends to become an American citizen, can be called for training and service in the land and sea forces of the United States. Hence there would also come under this provision German nationals residing in the United States in so far as they have declared that they intend to become American citizens.

With regard to the above provision, I have the honor to point out that on the basis of Article VI of the German-American Treaty of Friendship, Commerce and Consular Rights of December 8, 1923,6 the American Government is entitled only in case of a war between the United States and a third State to draft for compulsory American military service German nationals with permanent residence in the [Page 562] United States who have declared their intention of acquiring American citizenship, and this only in case these persons do not leave the territory of the United States within 60 days after the declaration of war.

I should be obliged to Your Excellency if the authorities in charge of the induction of persons liable to military service in the United States were instructed accordingly.

Accept [etc.]