124.94/111a: Telegram

The Secretary of State to the Chargé in Switzerland ( Huddle )

329. American interests. Please express to Swiss Government this Government’s appreciation of its message expressing willingness to undertake the representation of American interests in Japanese-occupied territories and, when necessary, in other regions of the Far East.12

Department would be grateful if Swiss Government would by telegraph circularize to its representatives in the Far East, for the information of such American diplomatic or consular offices as may by reason of the present situation find it impossible to carry on their functions or to communicate with the Department, the following message (in substance already communicated to Embassy Chungking,13 which endeavored without success to repeat it to the offices concerned):

  • “1. In the event of a sudden emergency, when communications with the Department are broken or uncertain, officers shall be guided by the following instructions with respect to Government property, archives, leases, alien employees, the evacuation of the American members of the staff, et cetera.
  • 2. If travel orders for officers and American employees have not been received, Department hereby authorizes expenditures, in accordance with the travel regulations, for: traveling expenses (travel by air is included in this authorization); per diem; and, if possible, shipment of effects. Action upon this authorization shall be within the discretion of the Chief of Mission or principal consular officer and shall apply to all officers and American employees of this Government and to their wives and minor children. Unless regular travel orders have been received (in which event, the appropriation for ‘Transportation, Foreign Service’ is charged), the expenditures hereinabove authorized shall be charged to Authorization no. 11–1942 and officers shall draw separate drafts and render separate accounts. Nothing in this paragraph shall be construed as relieving the Japanese Government of the obligation, recognized in international usage, to provide for such official groups proper transportation from their posts to a point beyond the Japanese frontiers, and the provisions of this paragraph are not applicable to transportation expenses within Japan or within territories occupied or controlled by Japan unless the Japanese Government fails to observe that obligation.
  • 3. At the expiration of 30 days’ leave, less any leave taken previously in the calendar year, the services of alien personnel should be terminated (except as hereinafter provided in numbered paragraph 4). Leave shall commence on the day following the effective date of the closing of the office unless the further services of such aliens are required, in which event leave shall commence within 2 weeks after date of closing. For each alien employee, report date of termination of services and dates of leave. The Department reminds officers that no salary payments may be made in advance. Department will endeavor to arrange for payment after the officers’ departure. The provisions of this paragraph are not intended as a limitation upon the right of the Power representing American interests to re-employ at the expense of the American Government any such alien personnel as the representing Power may consider necessary in connection with the representation of American interests.
  • 4. At posts where this Government owns the office and/or residence, it is suggested that officers (in consultation with the representatives of the Power assuming the representation of American interests) arrange to leave custodians of the premises, retaining one or more trustworthy alien employees for that purpose. Their salaries as custodians would be at the same rate they were receiving in their previous capacities at the time of the closing of their offices. The Department would endeavor, by such means as might be available, to make arrangements to pay their salaries and to provide funds for the maintenance of the buildings. All such custodians should be instructed to confine their activities strictly to the guardianship of this Government’s property and to refrain from any activities, however informal, that might possibly be interpreted as being outside of their custodial functions.
  • 5. At posts where offices are leased, the Chief of Mission or the principal consular officer shall, within his discretion, determine whether it is preferable to retain the premises or to terminate the lease and store this Government’s property in commercial warehouses. Depending [Page 381] upon the time at their disposal and the availability of such warehouses, officers should endeavor to make the most economical arrangements compatible with the security of the property concerned. If the premises must be retained, officers should endeavor to obtain a reduction in the amount of the rental and should determine whether this Government’s property in such premises may be entrusted to the landlords or whether it is essential to retain custodians.
  • 6. This Government’s property, mentioned above, includes furniture, equipment, and the non-confidential archives. Such archives should be sealed, whether stored in the premises or at commercial warehouses.
  • 7. Officers shall destroy all seals, codes, ciphers, true readings, protectograph dies, confidential files, et cetera. Fee stamps should be destroyed by burning in the presence of at least two competent witnesses, who shall prepare affidavits concerning the destruction.
  • 8. All passports (whether valid or invalid), extra visa pages, certificates of naturalization, and certificates of registration and identity (whether blank or filled in) shall be thoroughly mutilated and then burned. The first page of every passport should be retained for delivery to the Department. A complete list of all documents destroyed except passports should be prepared, with identifying data to whatever extent possible. Officers shall in no event attempt to bring with them any of the documents or supplies mentioned above, except the first pages of the passports.
  • 9. In Government-owned premises or in leased premises that are retained, officers or American employees may store their personal effects. If such storage space is not available, local storage charges will be paid by Department.
  • 10. Forms 285 and 298 should, if possible, be submitted after the office is closed. The effective date of closing the office should be communicated by telegraph to the Department.
  • 11. If an office representing foreign interests has not received instructions from the Department concerning their disposition, the representative of the Power assuming the representation of American interests should be requested provisionally to assume also the representation of such foreign interests, until such time as he may receive through his own government information concerning their disposition.
  • 12. In connection with authorizations to draw drafts and to make payments to individuals against deposits made with the Department, each office should at the time of closing immediately inform the Department of all cases of non-compliance, stating amounts and beneficiaries and citing the numbers and dates of relevant instructions.”

If the American officers for whom the foregoing message is intended should by force of circumstances find it impossible to give effect to its provisions, this Government would be grateful if the Swiss diplomatic and consular officers charged with the representation of American interests in the Far East might be authorized to accept the message for their own guidance. Please so inform the Swiss Government.

Hull
  1. See bracketed note, Foreign Relations, 1941, vol. i, p. 593.
  2. Telegram No. 811, December 5, 1941, 10 p.m., to the Ambassador in Japan, repeated to the Ambassador in China, not printed.