Foreign Relations of the United States: Diplomatic Papers, 1942, The American Republics, Volume V

710.Consultation 2 (C)/50: Telegram

The Ambassador in Argentina ( Armour ) to the Secretary of State

Buenos Aires , June 5, 1942—4 p.m.
[Received 10 p.m.]

1051. (Section 1). For Chapin² from Spaeth. Number 13, part I. Reference is made to my telegram number 12, Embassy’s telegram number 1026.³

The most important resolutions which have been submitted to the Conference, and the resolutions in which the delegates have indicated the greatest interest are the following: The proposal of Honduras for an inter-American registry of police and judicial records, the proposal of Peru for an inter-American police union, the proposal of Argentina for an interchange of information under the police convention of 1920, and the proposal of Bolivia for a uniform system of identification of criminals.

(Section 2). In order to avoid the recommendation of more than one new inter-American organization and in order to comply with the spirit of the Department’s cable 284 to Montevideo, the American delegates have supported two principal propositions: First, that the several recommendations which propose new inter-American organizations should be included in a single statute of limitation [or convention?] which will propose a single organization with several functions. Second, that the single project should be submitted to the Pan American Union as a possible basis for an inter-American convention with the provision that the Union will solicit suggestions from the Governments and from the committee at Montevideo,⁴ and that on the basis of the suggestions thus received the Union will prepare a revised draft of convention which may be submitted to a later conference or, in the alternative, may be opened for signature at the Union.

(Section 3). In its present form as described in part II of this cable, the single project leaves much to be desired but because the proposed convention is in fact being submitted to the Pan American Union for study, it is recommended that I be authorized to accept it in its present form.

Part II. The single project of convention which would be submitted to the Pan American Union for study would create an inter-American police union with the following characteristics:

(1) Each participating country would send one police or judicial officer to serve permanently at the capital selected for the seat of the union. The functions of the union would be purely advisory in character.

The police union would compile statutes and regulations dealing with the prevention and prosecution of crimes of an international character, would compile information regarding methods used in crimes against the states and its fundamental institutions, would compile reports and studies relative to nationals of countries at war with an American power, would study the possibility of devising an inter-American system of identification which would be used only in inter-American exchange of information, would sponsor periodic meetings of police authorities for the exchange of technical information, would promote the creation of civilian defense units, and would give advice and assistance in the national defense against subversive activities undertaken by nationals of countries at war with an American Republic and which are directed against the external or internal security of the state, its fundamental institutions or its national economy.

(Section 4). (2) As part of the secretariat of the union there would be an inter-American registry for information received from national courts regarding persons indicted or condemned for international crimes or subversive activities directed against the American Republics individually or collectively. The information would be limited to copies of the sentences and other documents of record.

Political crimes are excluded from the scope of the convention but crimes which directly or indirectly serve the interest of a non-American state at war with an American Republic are included.

(3) The union would promote the interchange of police information relative to subversive activities undertaken by nationals of a non-American State at war with an American Republic and relative to common crimes in which one of the member countries would be interested. This exchange of information would not be made if any country interested deemed the exchange prejudicial to its national interests, and will be made only when it is deemed that this communication might be useful to other authorities.

(Section 5). Part III. The Conference will undoubtedly approve and it is recommended that the American delegate be authorized to approve the following recommendations.

(1) That the American Republics that have not yet done so adopt measures to prevent and repress during the present war all public exhibitions or other manifestations favorable to any of the countries of the members of the Tripartite Pact⁵ and states subservient to them.

(2) That the Governments direct their law-enforcing officers to enforce vigorously existing laws against subversive elements acting in favor of the Axis; that the committee at Montevideo consider the desirability of convoking regional and general inter-American meetings of such officers; that the countries which do not have appropriate special units for the control of subversive activities, organize such units within their existing police organizations.

(3) That the Governments consider the obtaining of the status of native born citizens by fraudulent testimony a crime against the state.

Part IV. (1) With reference to the Argentine draft convention for the unification of criminal law referred to in my number 12, Embassy’s number 1026, we will recommend that it be referred for study to the Governments, the Montevideo Committee, and the Inter-American Bar Association.

(2) With reference to the Argentine proposal for the control of the formation of organizations to carry on activities against the state, we will propose that it specifiy that such activities include appropriate express reference to the Tripartite Pact.

(3) With regard to the Argentine proposal on the expulsion of foreigners described in my number 12, we propose to give our approval provided that there is exclusive reference to the nationals of the Tripartite Pact and provided that it be in the form of a recommendation rather than of a convention.

(4) With reference to the Argentine proposal recommending adoption of a South American treaty on criminal law, we propose to recommend that the study of this treaty be referred to the Montevideo Committee and the Inter-American Bar Association.

(5) With reference to the Haitian recommendation that the Governments adopt measures for supervision of fishing boats in order to avoid aid to submarines, we propose to give our approval and to recommend the inclusion of proposals for the protection of shipping facilities in line with those covered by the resolution adopted by the Montevideo Committee.

(6) With reference to the Colombian proposal on extradition, we propose to recommend that it be referred for study by the Montevideo Committee, together with the Argentine proposal on Extradition. [Spaeth.]

Armour

2. Selden Chapin, Assistant Chief, Division of the American Republics.
3. Not printed.
4. For correspondence concerning the Emergency Advisory Committee for Political Defense, see pp. 74 ff.
5. Three-Power Pact between Japan, Germany, and Italy, signed at Berlin, September 27, 1940; for text, see League of Nations Treaty Series, vol. cciv, p. 386.