662.11241/24
The German Chargé (Kiep) to the Secretary of State
The German Chargé d’Affaires ad interim presents his compliments to his Excellency, the Secretary of State, and has the honor to refer to the latter’s esteemed note of March 3, 1927,—662 11241/22—relating to the interpretation of Article XXVII of the Treaty of Friendship, Commerce and Consular Rights of December 8, 1923, between Germany and the United States in which it is stated that the Department of State will arrange for the extension of free entry privilege to the German “non-commissioned personnel” of German Consulates in the United States, and in order to more definitely interpret the classes of individuals to which by this understanding free entry privilege is to be accorded, and the extent of such privilege, has the honor to state his Government’s position in this respect as follows:
- 1)
- The term “consular officers” (“Konsularbeamte”) in the meaning of Article XXVII of the Treaty of Friendship, Commerce and Consular Rights of December 8, 1923, between Germany and the United States, shall include consuls general, consuls, vice-consuls, interpreters, student interpreters and consular agents and none others.
- 2)
- the term “and suites” (“und ihre Begleitung”) as used in Article XXVII of the Treaty of Friendship, Commerce and Consular Rights of December 8, 1923, between Germany and the United States, shall include consular chancellors, consular secretaries, consular disbursing officers, other consular office personnel, and official personnel regularly attached to consulates, such as commercial attachés, when attached to a consular office, trade commissioners, physicians, etc., and messengers, as well as domestic employees who are permanently in the private service of “consular officers” (“Konsularbeamten”), provided that all the foregoing persons are of the nationality of the appointing government;
- 3)
- any and all baggage and other personal property of consular officers, (their families and suites), which is imported free of duty under the provisions of Article XXVII of the Treaty of Friendship, Commerce and Consular Rights of December 8, 1923, between Germany and the United States, shall enjoy exemption from production, manufacturing, consumption and sales taxes which may otherwise be levied in addition to the duty, provided that such exemption shall not extend to articles of domestic production or manufacture when reimported into the country of origin or withdrawn from warehouses, which were [Page 932] exempt from payment of such taxes for the purpose of exportation or warehousing, and provided that the privilege of entry free of duty shall only apply to such shipments as are addressed to the person enjoying entry free of duty privileges.
The German Chargé d’Affaires ad interim would be grateful to the Secretary of State for an expression of opinion by His Excellency as to whether the above stated position of the German Government for more definitely interpreting Article XXVII of the Treaty of Friendship, Commerce and Consular Rights of December 8, 1923, between Germany and the United States is shared by the Government of the United States.