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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa
(1937)

Germany,   pp. 319-405 PDF (32.6 MB)


Page 386


FOREIGN RELATIONS, 1937, VOLUME II
DISCUSSIONS WITE THE GERMAN GOVERNMENT REGARDING RIGHT
OF CONSULAR OFFICERS TO CORRESPOND DIRECTLY WITH AU-
THORITIES ON CERTAIN PROTECTION MATTERS
862.1121/20
  The Ambassador in Germany (Dodd) to the Secretary of State
No. 3155                               BERLIN, November 20, 1936.
                                          [Received December 4.]
  SIR: I have the honor to call the Department's attention respect-
fully to a point of procedure in the relations between American Con-
sular officers and certain German officials, which has been raised by the
Foreign Office in a note dated November 5, 1936. A copy and transla-
tion of the note, together with two enclosures, are transmitted here-
with.90
  The facts in this case appear to be as follows:
  In complying with a circular instruction from the supervising Con-
sul General in Berlin," the Consular officers at Dresden and Bremen
addressed communications to the "Saichsische Stattskanzlei in Dres-
den" (State Chancery of Saxony at Dresden) and "Oberstaatsanwalt,
Oldenburg" (Chief Attorney-General, Oldenburg) respectively, in
which they requested the names and other information regarding all
American citizens who might be sentenced or imprisoned in their dis-
tricts. It appears further that these communications were not an-
swered but were referred to the Foreign Office and the note mentioned
above was the result.
  The Foreign Office transmits copies of the communications of the
Consular officers mentioned with the suggestion that "as in the opin-
ion of the Foreign Office these inquiries do not seem suited for direct
business communications between an American Consular representa-
tive and the supreme authority of a State, they be presented through
diplomatic channels", the term "State" applying not to the
German
national State but to the "Gaue" or provinces of Saxony and Olden-
burg. The individual or office addressed in these instances may be
considered as national in the sense that according to the administra-
tive organization of Germany at present practically every official or
organization having to do with German government is national in
character.
  The important point is whether or not Consular officers, in the pur-
suit of their duties in protecting American citizens, should be re-
quired to address themselves to German authorities via the Embassy
and the Foreign Office, with the possible exception of the local police
and a few minor local officials. (It would be interesting to know the
precise distinction which is made).
° Not printed.
'1Douglas Jenkins.
386


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