300.113/368
The Minister in Switzerland (Harrison) to
the Secretary of State
No. 6533
Bern, November 11,
1943.
[Received December 2.]
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.
