300.113/368

The Minister in Switzerland ( Harrison ) to the Secretary of State

No. 6533

Sir: I have the honor to refer to the Department’s telegram No. 1215 of May 21, 1943 and to its airgram No. A–315 of August 27,22 on [Page 129] the subject of estates of American nationals leaving property within the jurisdiction of Swiss representatives, charged with the representation of American interests in enemy territory.

There is now enclosed, for the Department’s information and records, a copy of a memorandum dated October 1, 1943, which has been prepared by the Division of Foreign Interests of the Swiss Foreign Office and forwarded to all Swiss representatives in enemy and enemy-controlled territory who are charged with the protection of American interests. The enclosure was handed on November 11, 1943 to an officer of the Legation by an official of the Division of Foreign Interests.

Respectfully yours,

For the Minister:
George Tait

First Secretary
[Enclosure—Extracts]

Memorandum by the Division of Foreign Interests of the Swiss Federal Political Department

Memorandum Concerning the Safeguarding of Estates of American Citizens Leaving Property Within the Jurisdiction of Swiss Representatives Charged With the Representation of American Interests

1)
In connection with the estates of American citizens the Department of State’s basic instructions of October 3, 194123 are summarized as follows for the guidance of Swiss representatives:
2)
In the absence of special provisions by treaty, the devolution and transfer of real property are governed by the law of the place where the property is situated. When real property is left by the decedent within the jurisdiction of the Swiss representative, the Swiss representative shall if feasible informally observe the proceedings and report to the American Government through established channels any apparent irregularity or unnecessary delay in settling the estate. The provisions of this paragraph shall not prevent the exercise of good offices when necessary in places where the local law requires the participation of the Swiss representative in the observance of certain minor formalities connected with the settlement of the estate.
3)
If the decedent has left locally a legal representative, partner in trade, or trustee by him appointed to take care of his personal property, the Swiss representative shall record such circumstances in issuing [Page 130] the report of death of the decedent (according to numbered paragraph 3 of the Department of State’s telegram of September 16, 1940,24) and shall not take the property under his immediate protection.

. . . . . . . . . . . . . .

4)
Otherwise, the Swiss representative shall act as provisional conservator of the personal property (if authorized by treaty provisions, local laws or authorities, or established usage so to act). …
5)
The Swiss representative is not empowered to administer or distribute the estate. He may, however, sell perishable articles for cash, following the procedure established for American estates by Section XIII–13, “Foreign Service Regulations”, as amended by Footnote 7 thereto. His function as provisional conservator shall cease when the American Government indicates the specific disposition to be made of the property, and its wishes have been given effect. If, however, the local authorities assume jurisdiction over the personal property, the Swiss representative shall if feasible informally observe the proceedings and report to the American Government through the established channels any apparent irregularity or unnecessary delay in settling the estate. The provisions of this paragraph shall not prevent the exercise of good offices when necessary in places where the local law requires the participation of the Swiss representative in the observance of certain minor formalities connected with the settlement of the estate.

. . . . . . . . . . . . . .

8)

. . . . . . . . . . . . . .

e) This instruction is not to be construed as modifying or limiting the provisions of the Convention relative to the treatment of prisoners of war, signed at Geneva on July 27, 1929, affecting the wills or estates of prisoners of war and by extension of civilian internees.

  1. Neither printed.
  2. Not printed.
  3. Not printed.