740.00113A European War 1939/98a
The Secretary of State to
Diplomatic and Consular
Officers
Diplomatic Serial No. 3558
Washington, August 21, 1942.
Sirs: Transmitted herewith for your information
is a copy of the Department’s telegram no. 1903 of August 3, 1942 to the
Legation at Bern concerning the decision of the United States Government
not to permit the direct or indirect transfer of funds to enemy
territory for the payment of charges arising in connection with private
American property, real or personal, in enemy territory, such as taxes,
rent, salaries of custodians, insurance premiums, repairs, and cost of
packing or storage.
For your further information, the text of the Department’s telegram no.
1336 of May 23, 1942 to the Legation at Bern, mentioned in paragraph
five of the enclosed telegram, is as follows:
[Here follows text of telegram No. 1336 of May 23, printed on page 279.]
A copy of the Department’s air mail instruction no. 1202 of February 14,
1942 to the Legation at Bern,49 also mentioned in paragraph five of the enclosed
telegram, was transmitted as the enclosure to the Department’s
mimeographed circular instruction of February 17, 1942, Diplomatic
Serial No. 3451.50
Very truly yours,
For the Secretary of State:
G.
Howland Shaw
[Enclosure—Telegram]
The Acting Secretary of
State to the Minister in Switzerland (Harrison)
Washington, August 3, 1942.
1903. American Interests—Property.
- 1.
- The United States Government does not intend to permit the
direct or indirect transfer of funds to enemy territory for the
payment
[Page 283]
of charges
arising in connection with private American property, real or
personal, in enemy territory, such as taxes, rent, salaries of
custodians, insurance premiums, repairs, and cost of packing or
storage.
- 2.
- Furthermore, in conformity with its policy respecting the
enforcement of the Trading with the Enemy Act, the United States
Government will not forward or permit to be forwarded, directly
or indirectly, from persons in the United States to enemy
territory, or from such territory to persons in the United
States, private communications concerning private property.
However, the United States Government will always welcome
reports of a general character upon the treatment of such
American property and such brief reports in specific instances
as Swiss representatives charged with the representation of the
interests of the United States may find it possible to prepare
when officially requested to do so. Such requests will be kept
to a minimum.
- 3.
- Though Swiss representatives will not be authorized to
discharge financial obligations arising in connection with
private American property, it is hoped they will not overlook
any alternative means of protecting such property.
- 4.
- Request Swiss Government so to inform all its representatives
charged with representation of interests of United States for
guidance in answering inquiries from owners of private American
property in enemy territory or their agents and in replying to
any demands for payment of charges such as those mentioned above
in paragraph 1. They should also be informed that in reporting
upon the status of an individual’s private property, the
omission of all verbatim statements of or written communications
from custodians, agents, or other nonofficial persons will
facilitate the forwarding of information to interested persons
in the United States.
- 5.
- American nationals offered an opportunity to return to the
United States but unable to avail themselves of the opportunity
because they are physically unable to undertake the voyage of
repatriation, and for whom the Swiss representative has
recommended and the Department has specifically approved the
continuance of financial assistance (Department’s 1336, May 23),
may pay such of the charges mentioned in paragraph 1 as are an
essential part of the cost of their subsistence, provided that
the total monthly payment to an American national is not
permitted by reason thereof to exceed in any instance the
applicable maximum prescribed by the Department’s air mail
instruction no. 1202 of February 14. However, charges such as
salaries of custodians and cost of packing or storage are not
considered to be a part of the cost of subsistence.
- 6.
- This Government does not permit persons in the United States
to effect transactions on behalf of enemy nationals in enemy
territory
[Page 284]
by drawing
upon funds that such enemy nationals may have in the United
States for the payment of charges such as those mentioned in
paragraph 1, when such transactions involve any communication
with enemy territory. Consequently, in cases of American
nationals in the United States possessing funds in enemy
territory, the Department is not suggesting the possibility of
utilizing such funds for the payment of such charges, and this
Government would not approve communications with enemy territory
for such purposes.
- 7.
- The terms “enemy national” and “enemy territory” as used in
this instruction shall be understood to mean enemy national and
enemy territory as defined in General Ruling No. 11, issued on
March 18, 1942 by the Treasury Department pursuant to Executive
Order No. 8389, as amended.
