such course that you reply verbally to FonMin re his note of June 6
along following lines:
  "On basis of practical necessity and substantial universality of the
custom of according immunity to clerks and servants of diplomatic
establishments, regardless of their nationality while engaged in busi-
ness of such establishments, US Govt over many years has held in
principle and in practice that employees of foreign diplomatic officers
m US are entitled to immunity without regard to the nationality of
such employees. Consequently, this Govt considers that on the basis
of reciprocity it is warranted in claiming and expecting immunity for
clerks and servants in the employ of its Missions regardless of their
nationality.
  US Govt would be disposed to give due consideration to question
of waiving immunity in individual cases in which persons employed
by its Missions may be charged with violating Rum laws or regula-
tions. But US Govt finds it wholly inadmissable that any personnel
in regular employ of its Missions should be subjected to summary
arrest by an organ of Rum Govt without prior notification to the US
Missions of grounds for such arrests and without any request by
Rum Govt for surrender of the accused. Such conduct is particu-
larly incomprehensible on the part of a State with which friendly
relations are in process of being reestablished while that State is still
under an Armistice regime. US Govt, therefore, has protested vigor-
ously against the seizure and intimidation of its employees.
  When recently two employees of US MilMis in Bulgaria received
summons for arrest by the Bulg militia, the Bulg FonMin expressed
deep regret in name of his Govt as well as personally 'for the intoler-
able action of the militia'. US Rep and US MilRep were assured by
Bulg Govt that steps would be taken to quash the summons and to
ensure continued availability of these persons for employment by
US MilMis.
  In the interest of an informal settlement consistent with usual
courtesies in relations between friendly States of current unfortunate
circumstances involving Rumanian subjects employed by US Rep and
US MilRep, US Govt proposes the following:
      1. That the US employees under arrest or against whom a
    warrant has been issued be freed immediately and permitted to
    resume their normal duties in the employ of the US Missions
    without further molestation.
      2. That Rum Govt give verbal assurance that further intimi-
    dation of US employees regardless of their nationality will not
    be countenanced by Rum Govt; that summary arrests will not
    take place in future; and that, if Rum Govt has charges or sus-
    picions relating to any US employees it will communicate these
    to US Rep for due consideration of the question of his waiving
    immunity in individual cases.



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RUMANIA