102.1702/137

The British Ambassador (Howard) to the Secretary of State

No. 329

My Dear Mr. Secretary: With reference to our conversation of the 28th instant respecting the appointment of Treasury or Customs Attachés to United States Embassies abroad,34 I have the honour to enclose herewith, as you requested, a memorandum on the subject which explains the views of His Majesty’s Government and the objections they entertain to such officers having diplomatic status and privileges.

Believe me [etc.]

Esme Howard
[Page 212]
[Enclosure]

The British Embassy to the Department of State

Aide-Mémoire

On January 13th, 1925 an Act of the 68th Congress, identified under the number H. R. 9076, providing for the organization of the United States Customs Service was approved.35 Amongst other things, the Act authorizes the Secretary of the Treasury to appoint such number of “Customs Attachés” for duty in foreign countries and of Customs agents as he may deem necessary, all of whom shall perform their duties as defined by existing law or prescribed by the Secretary of the Treasury, under the immediate supervision of the director, special agency service of the Customs: “Provided, that any officer of the Customs Service designated by the Secretary of the Treasury for foreign service shall, through the Department of State, be regularly and officially attached to the diplomatic mission of the United States in the countries in which they are to be stationed.”

His Britannic Majesty’s Principal Secretary of State for Foreign Affairs has taken note of the provisions of this law. He understands that, so far as the Act relates to United States Customs agents stationed abroad, its purpose is to regulate their selection and to bring their activities and methods under closer and more responsible control. Mr. Chamberlain assumes, however, that it is not intended by the United States Government to give to these officers a diplomatic status or to ask foreign Governments to afford recognition to them as diplomatic officers. From recent conversations and correspondence in London and in Washington, Mr. Kellogg will be aware that His Majesty’s Government felt obliged, as long ago as June, 1923, to raise objections to the activities of these officers in British territory in so far as those activities involved enquiries into costs of production. Mr. Chamberlain feels confident that the Secretary of State will agree with him that the activities of Customs or other revenue investigators cannot be regarded as falling within the scope of diplomatic duties.

  1. See circular instruction of April 2 to certain diplomatic and consular officers, p. 212.
  2. 43 Stat. 748.