702.5451/8: Telegram
The Minister in Switzerland ( Harrison ) to the Secretary of State
[Received May 4—11:48 p.m.]
2740. American interests—Germany—Greece. Department’s 162, January 20, Legation’s 1085, February 16.11 Legation Berlin transmits following reply from German Foreign Office in note dated April 8, 1943.
“Foreign Office informs Swiss Legation answer its notes February 4, and 24, 1943, question closing of Swiss Consulates Salonika and Amsterdam carefully investigated. Result investigation following:
Closing Swiss Consulates Salonika and Amsterdam result program carried out last autumn closing foreign consulates in coastal regions of territories occupied by Germany a program with exception some specially situated consulates carried out in case all foreign consulates subject territories. Protective functions carried out by Swiss Consulates [Page 123] Salonika [and] Amsterdam up to then transferred after closing Consulates to Swiss Legations Athens and Berlin. Because comparatively short distances duties mainly administrative two closed Consulates could be conducted without special difficulty by two Legations especially because fact permitted to Foreign Interests Sections two Legations periodically send representative conduct official business temporarily Salonika and Amsterdam. Therefore no question of essential limitation or diminution protective functions as result closing Consulates as claimed by Governments United States, Great Britain, Canada.
Similarly it cannot be recognized that closing two Consulates is against international practice. No justification on basis international law that consulates in military-occupied territory should be maintained because protective functions whose closing military occupying power considers desirable. Apparently American Government (paragraph 2 communication January 25, 1942 [1943]) and British Government (paragraph 2 communication January 26, 1942 [1943]) consider such limitations justified when dictated by military necessities.12 For application this principle not necessary as premise that military operations are actually taking place but sufficient when zones military operations enter into consideration and measures in question seem desirable for military reasons.
German Government therefore regrets not position make further investigation question closing foreign consulates is [in] coastal regions occupied territory including Swiss Consulates Salonika, Amsterdam.”