123 Stuart, J. Leighton: Telegram
The Secretary of State to the Ambassador in China (Stuart)37
890. Urtel 1603 Jul 24 brings out facts re previous compliance by Amer and fon official personnel with “shop guarantee” demands which Dept previously unaware. Dept remains concerned at implications any official compliance these demands. It knows no auth of law or availability appropriated funds whereby Emb in behalf US Govt may be permitted assume responsibility possible personal obligations, if any, of its personnel. Nevertheless, it wld appear we are being subj[ected] to duress requiring ad hoc measures to meet a situation involving possible safety, well-being Amer personnel. To meet this extremity, Dept authorizes fol procedure: Emb sign as guarantor. In event financial loss resulting procedures, Dept will consider use funds [Page 804] for emergencies arising dipl and consular service for purpose relieving any expenditure involved in obligations. Where personal liability established for individuals concerned Govt wld reserve right of recovery from them expenditures made their account.
If FonServ personnel remaining at post required sign on personal, unofficial basis (in keeping with Commie insistence they do not recognize FonServ Officers’ official status and capacity act), this action wld be considered by US Govt official act of US Govt employees.
In complying this procedure Emb shld emphasize to local auths that this treatment of US Govt reps is considered contrary to internatl custom and usage and does not constitute a waiver of any rights under such internatl usage.
It shld be stressed that status of dipl personnel in internatl law is clear. Internatl practice contemplates that such personnel are exempt from the jurisdiction of the country in which stationed, not being amenable to civil or criminal process. They partake of a sovereign character and any interference with the freedom of their movement or the discharge of responsibility in the manner demanded is considered repugnant to internatl custom and usage.
- Notation by the Secretary of State: “Approved by the President. D. A.”↩