871.4016/284: Telegram
The Minister in Rumania (Gunther) to the Secretary of State
[Received November 15—2:48 a.m.]
956. With reference to my 866, October 3, 10 a.m.; and to the Department’s 458, October 23, 11 p.m., regarding the deaths of Joseph Hirsch, Jacob Nimovitz and Nathan Spitzer, I have received a note dated November 12 from the Foreign Office requesting the Legation to give the necessary assurances before further investigations are continued that the aforenamed persons “actually had at the time of their deaths the right to American citizenship since naturalized American citizens who have returned to their native country lose this status after a certain time”.
Inasmuch as the Foreign Office will undoubtedly discontinue its investigations if, in reply to the note in question the answer called for by the citizenship regulations is given; namely, that these individuals were citizens but not entitled to protection or passports for residence in Rumania, I shall withhold my answer pending instructions from the Department.
In this connection I also refer to my 938, November 5, 5 p.m.,17 concerning the deportation of certain American citizens to Mhilev in the Ukraine the release and safety of whom has not been confirmed! by the Foreign Office in spite of reported representations, the mass; deportations of Rumanian and heimatlose Jews to the Ukraine principally from the reconquered provinces where, according to reports, they are living under the most primitive conditions without sufficient food and shelter is continuing. If naturalized citizens against whom [Page 877] the presumption of having ceased to be American citizens has arisen and native Americans for whom passports have been approved for immediate return only are unable to identify themselves with American passports as required by Rumanian regulations there are no means of preventing their deportation to the Ukraine where their continued existence is uncertain to say the least.
I should therefore appreciate an early expression of the Department’s views as to whether, in view of the exceptional circumstances outlined above and the recent decision of Congress to grant naturalized citizens residing abroad until October 14, 1942 (Department’s circular telegraphic instruction October 14 to Bern18) to complete arrangements for their repatriation, the Legation should continue to deny passports and protection to citizens in the two categories mentioned in the last paragraph who number approximately 100.