340.1115A/3344a
The Secretary of State to the
American Member, Advisory Council, Allied Control Commission for
Italy (Murphy)
Washington, December 27,
1943.
The Secretary of State transmits herewith for the guidance of the officer of
the American Foreign Service in charge at Palermo a copy of a memorandum
entitled “Steps to be Taken in Connection with the Relinquishment by Swiss
Representatives to American Representatives of the Representation of
American Interests in Areas Liberated from the Enemy”.27
Mr. Murphy is requested to forward to the Officer in charge at Palermo a copy
of the memorandum and also to furnish copies of it to such other officers of
the American Foreign Service as may be assigned to the liberated areas for
the purpose of undertaking American Foreign Service representation.
Also transmitted herewith is a copy of the Department’s instruction to the
Legation at Bern28
concerning the Department’s desire that the Swiss Government authorize Swiss
consular officers in liberated areas to continue to perform upon a
provisional basis certain consular services related to American interests,
pending the reestablishment of American Foreign Service representation in
liberated areas. A copy of the Department’s telegram of September 4, 1943 to
the Legation at Bern, mentioned therein, is also enclosed.29
Mr. Murphy is requested to ascertain from the military authorities and to
report to the Department by telegraph whether appropriate [Page 132] mail and telegraph facilities are being
made available to Swiss consular representatives in liberated areas for the
purpose of assuring communications between them and their Government.
The receipt of this instruction should be acknowledged by telegraph.
[Enclosure]
Memorandum Regarding Steps To Be Taken in Connection
With the Relinguishment by Swiss Representatives to American
Representatives of the Representation of American Interests in Areas
Liberated From the Enemy
One. As American Foreign Service representation
is reestablished in the liberated areas, Swiss representatives will
relinquish to their American colleagues the representation of American
interests. It is not required that the American representative assume
such representation immediately upon arrival at the place concerned.
That might be possible where a former American diplomatic or consular
office has been maintained and used by the Swiss representative in
connection with the representation of American interests. Otherwise the
American representative may prefer to defer the assumption of
representation until he has established the necessary quarters, et
cetera, whereupon he should so inform the Swiss representative and
proceed with the transfer of representation.
Two. A memorandum of transfer of representation
(protocole de remise) should be drawn up and
signed by the Swiss and American representatives. A sufficient number of
copies of the memorandum and of the inventories, receipts, et cetera,
that form a part of it should be prepared to permit the American
representative to retain one for the files of his office and to transmit
two to the Department of State at Washington for the archives of the
United States Government and to permit the Swiss representative to
retain or forward to his Government the number that he considers to be
appropriate.
Three. The Swiss representative will turn over to
the American representative, against receipt, such American property of
the following categories as may remain in his custody:
- (a)
- Official United States Government property, including:
archives; such official funds as may be in the possession of the
Swiss representative for use in connection with the
representation of American interests; et cetera.
- (b)
- Property of American diplomatic or consular personnel.
- (c)
- Private American property (to the limited extent that it may
have been placed in the custody of the Swiss representative),
including the assets of private American estates of which he may
have served as provisional conservator. [Page 133] All property should be
verified against previous inventories, when they are available,
and any variations, either in content or condition, should be
noted. To the extent that inventories do not exist, new
inventories should be prepared and signed by both the Swiss and
the American representatives. As indicated above, copies of all
relevant inventories, receipts, et cetera, should form a part of
the memorandum of transfer of representation.
Four. The archives transferred to the American
representative should include such records of the former American
diplomatic or consular office as still exist and are available and such
current records concerning the representation by Switzerland of American
interests as the Swiss representative may be authorized to relinquish.
It is particularly hoped that the Swiss representative’s records of the
following categories may be relinquished to the American representative:
- (a)
- Lists of or records pertaining to American nationals residing
in the district;
- (b)
- Lists of or records pertaining to American nationals receiving
financial assistance under the Department’s instruction no. 1202
of February 14, 1942 to the Legation at Bern;30
- (c)
- Records pertaining to special cases involving the protection
of American nationals;
- (d)
- Records pertaining to the protection of private American
property, including American estates.
If the Swiss representative does not feel free to
relinquish the custody of certain original documents, such as official
communications with the local authorities or true readings of telegrams
from his own Government, it might be possible for him to furnish copies
or paraphrases of them.
Five. The American representative should inform
the Department by telegraph of the date on which the Swiss
representative relinquishes the representation of American interests and
of the date of the American representative’s notification to the local
authorities of his assumption of such representation. Copies of all
relevant communications should be forwarded to the Department by air
mail as soon as feasible.
Washington, December 15,
1943.
