371.115/8: Telegram
The Minister in Rumania (Gunther) to the Secretary of State
[Received April 3—8:35 a.m.]
303. By decree law of March 27—published in the Monitorul Official of March 28 but only received at the Legation on March 31—the Rumanian Government declared that on that date all urban real property owned by Jews passed into possession of the Rumanian State. All Jewish owners must declare such property within 30 days. Owners will be compensated by 3% bonds which will apparently be negotiable and valuation will be based on the most recent tax on assessment. Certain categories of Jews such as those with military records in the army, those naturalized prior to 1916, those who have been baptized as Christians for various periods, et cetera, are exempt from the application of the decree law.
The definition of a Jew for the purposes of this decree law is taken from decree law No. 3347 of April 4, 1940, as follows: “Jews are defined for the purpose of the present law as those both of whose parents or one parent no matter which is Jewish whether they or their [Page 864] parents have or have not been baptized in a religion other than Hebrew whether they are or are not Rumanian citizens or whether they reside or not in the country.”
A literal interpretation of the decree law of March 27 establishes the confiscation of all urban properties in Rumania held by Jews irrespective of their nationality. However, it remains to be seen whether in practice the Rumanian authorities will interpret this decree law so as to include the properties of American citizens of Jewish race. As an indication of a possible trend I may observe that word has just reached the Legation that the local general manager of REF6 Oil has requested through the courts the Rumanian representative of the American owner, Ralph Fair, to submit before April 7 proof that the latter is not a Jew (see Legation’s telegram No. 778 of December 2, 19407). This may conceivably indicate that confiscatory proceedings against REF Oil are being considered in the event that acceptable proof as to Mr. Fair’s Aryan origin is not forthcoming.
I am endeavoring to secure an official interpretation as to the applicability of this decree law whether all Jews or only those of Rumanian nationality are included and if it should appear that the broader interpretation is intended I shall not hesitate to protest officially in the highest quarters pointing out that the American Government cannot permit the Rumanian Government to distinguish between American citizens on the basis of their ethnic origin and calling attention to the reaction that would result in the United States if the provisions of this decree law were made applicable to American citizens of the Jewish race. In the event that I should find it necessary to lodge an official protest I believe that my hands would be greatly strengthened were I able to make it clear that any infringement of American property rights under this decree law would be bound to call for retaliatory action on our part.
I should appreciate an expression of the Department’s views in the premises as soon as possible. Further developments will be promptly reported by telegraph.
Please repeat to London portions of this pertaining to British and Belgian interests.