352.115/317
The Secretary of State to the Counselor of Embassy in Spain (Thurston)
Sir: The Department has your despatch no. X–238 of October 12, 193717 with which you transmit without comment copies of decree of August 6, 1937 published in the Gaceta de la Republica on August 7, 1937 and the decree of August 31 published in the Gaceta of September 9, 1937.
In your telegram no. 797 of October 11, 1937, 3 p.m., you state that the Commission appointed by the latter decree would soon begin to function. The Department desires you to ascertain and report what the status of the matter now is, and whether the Commission will [Page 558] sit in Valencia, or whether it will follow the Government to Barcelona, and if so what its address will be.
According to article one of the decree of August 6, the Commission will be charged with the examination of and the preparation of a report upon the petitions and claims addressed to the Government of the Spanish Republic by foreign entities or persons and “pertaining to any of the activities of the Civil Administration of the State, with the exception of those which fall within the purview of the Tribunals of Justice.” Article three stipulates that all petitions submitted by foreign entities or persons “must be transmitted through the respective Diplomatic Representation to the Ministry of State” which will forward them to the Ministry of Finance which will deliver them, “together with the necessary data”, to the Commission for examination and the submission of recommendations to the Presidency of the Council of Ministers.
The Department is not entirely clear as to just what activities of the Civil Administration of the State are covered by article one, or whether the decree is broad enough to cover claims for loss on account of acts to which Spanish subsidiaries of American concerns (or individuals) have been subjected. Presumably, however, it would cover such claims. Please advise on these points.
While there would be no objection to American claimants transmitting their cases through the Embassy, obviously the Embassy has not the facility, nor would it be in a position to conduct their cases before the Commission. Nor could the transmission of the claims by the Embassy be considered as binding this Government in any way with respect to the decisions that may be reached by the Commission, and you should so state in transmitting on behalf of American claimants any case to the Foreign Office for consideration by the Commission.
After the case has once been submitted by the Embassy, opportunity should be afforded the interested party to present arguments, evidence, et cetera, either personally or by representatives directly to the Commission. You may investigate and report what provision has been made for this being done.
You should keep in touch with the matter and advise the Department promptly and fully on all developments, and furnish it copies and translations of all pertinent rules and regulations that may be issued by the Commission or other Spanish authorities. The Department would, in addition to the information indicated above, desire to know what type of “data” or evidence the interested persons should submit.
You may furnish, if possible, a list of names of attorneys qualified to represent claimants before the Commission.
[Page 559]Since it is possible that some Americans have reported their cases to the Embassy at St. Jean de Luz, it may, in due course, be necessary for the Embassy at that place to transmit to you its files relating to such claims as come within the scope of the Commission’s activities. The Consulate General at Barcelona also probably has cases which it may be necessary ultimately to transmit through you.
The Department desires the fullest possible information in order that it may in turn inform American claimants.
Very truly yours,
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