811.2226/433
The Secretary of State to the Chargé in Mexico (Bursley)
Sir: The Department refers to the Embassy’s despatch no. 13101 of September 20, 1943, transmitting an informal draft of an exchange of notes providing for the reciprocal exchange of military deserters. The Ambassador states that the draft was handed to him by the Mexican Foreign Office.
The draft was submitted to the War and Navy Departments for their comments. The War Department stated in its reply that the laws of military service of Mexico and the Selective Service laws of the United States are radically different and added that, in its opinion, it would be inadvisable to enter into an agreement with Mexico based upon a similarity of the operation of those laws. The War Department pointed out, for instance, that the proposed agreement goes far beyond the return of deserters from the armed forces of Mexico and would oblige the United States to return not only deserters from the active forces but also those classified as deserters from the reserves [Page 416] and those who have been recruited or registered for military service. As the Military Service laws of Mexico are understood to require the registration for military service of all male Mexicans when becoming eighteen years of age and to render such persons liable for military service—active or reserve—until they are forty-five years of age, the proposal of the Mexican Government would oblige the United States to return to Mexico upon demand any such person whom the Mexican Government desired to classify as a deserter. Upon further inquiry the War Department advised the Department that it does not consider that any agreement on the subject with the Mexican Government is necessary.
The Navy Department has stated that it is agreeable to the terms of the agreement submitted by the Mexican Government but suggests that in addition to any arrangement which the Department of State may consider proper and valid consideration be given to utilizing the immigration and deportation laws of the United States.
The Department agrees with the War Department that the proposal of the Mexican Government is unacceptable. In its present form it would oblige this Government to return to Mexico persons who might be liable for military service under the Selective Training and Service Act of 1940, or who might be in the armed forces of the United States. As any arrangement based on an exchange of notes would not have the effect of changing existing laws or of enabling this Government to return to Mexico persons who cannot now be returned, no purpose is seen in entering into such an arrangement. The number of deserters from the United States forces who are in Mexico seems to be small and it seems probable that a like condition exists as to deserters from the active forces of Mexico who are in the United States. No reason is seen why, with good will on both sides, such deserters cannot be returned without an agreement of the kind proposed. It may be added that some months ago the Department had under consideration with the Canadian Government the question of an agreement concerning the return of deserters from the military forces of both governments and it was concluded that such an agreement was not necessary.
Very truly yours,