Foreign Relations of the United States, Diplomatic Papers, 1944, General, Volume I

840.48 Refugees/5484: Circular airgram

The Secretary of State to Certain Diplomatic Representatives in the American Republics ⁷¹

Washington, April 11, 1944—11 a.m.

Refer our previous communications regarding War Refugee Board. Reference is made to Department’s 1181 of April 7.⁷² Minister Harrison at Bern has informed us that the Swiss Foreign Interests Division has advised him informally that the Spanish government had been requested by the Germans to inquire into the bona fides of certain Latin American passports, held by internees in enemy-controlled territory and that the Latin American governments have denied responsibility as well as any claims of the persons holding such passports. Please approach appropriate officials of the government to which you are accredited and inquire whether it has received any such inquiries through the government of Spain or otherwise from the Germans with respect to the validity of passports held by such internees and if such inquiry has been made, please ascertain the nature of the response, if any.

In view of the perilous situation in which these internees find themselves, the conclusion has been reached that perhaps the only way of safeguarding the lives of these unfortunate victims of Nazi persecution is forthwith to initiate through proper channels negotiations for an exchange of nationals for which these people will be eligible. In contemplating such exchange negotiations, it is not expected that the government to which you are accredited will physically admit any such persons into its territory even on a temporary or tentative basis. This Government is prepared to take full responsibility for all arrangements necessary to route these persons to places elsewhere.

Proceeding on this basis, please approach the government to which you are accredited with the request that it give its approval to the Government of the United States approaching the German government through appropriate channels with a view to initiating such negotiations. Please also advise appropriate officials of the Paraguayan government that similar requests are being made of other Latin American countries, it being the hope of this Government that it will be put in a position to initiate exchange discussions on a hemispheric basis. Please also advise such officials that in any exchange negotiations that may be entered into, it is of course understood that unquestioned citizens of the United States and of the Latin American countries will be considered by this Government as being in a category entitled to priority over others.

Please also request the government to which you are accredited, on humanitarian grounds, affirmatively to approach the German government through the protecting power with a demand that the lives of all persons holding passports issued in its name or claiming its citizenship on the basis of consular documents be safeguarded and that they be given all rights, privileges and immunities accorded to civilian internees of enemy nationality to whom the Geneva Convention regarding the treatment of prisoners of war⁷³ is currently applied by analogy.⁷⁴

In view of the imminent danger in which the persons concerned find themselves, you are requested to act with the greatest possible dispatch.

Finally, we communicate to you, for communication to the government to which you are accredited, the substance of a cable which the Department has sent to our Minister at Bern as follows:

[Here follows the substance of telegram 1221, printed supra.]

Special Instructions to the Ambassador.

You are instructed to memorize the contents of this airgram, burn the document and discuss the matter orally with the government to which you are accredited. Such report as you submit to the Department on this subject should be by secret courier.

Hull

71. To the diplomatic representatives in Costa Rica, Ecuador, El Salvador, Haiti, Nicaragua, Peru, and Venezuela; repeated in substance to Bolivia, Chile, Cuba, Guatemala, Honduras, Paraguay, and Uruguay.

    A followup airgram along the same lines was sent on April 22 to Costa Rica, Ecuador, El Salvador, Haiti, Honduras, Nicaragua, Peru and Venezuela; repeated in substance to Chile, Cuba, Guatemala, Paraguay, and Uruguay.

72. This reference is in error; reference should be to circular airgram of March 31, 1:05 p.m., p. 1021.
73. For text of international convention relative to the treatment of prisoners of war, signed at Geneva, July 27, 1929, see Foreign Relations, 1929, vol. i, pp. 336–367; Department of State Treaty Series No. 848; or 47 Stat. (pt. 2) 2021.
74. As result of prolonged negotiations with the other American Republics, consent to the protective measures proposed was granted by Bolivia, Chile, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Nicaragua, Paraguay, Uruguay, and Venezuela.