No. 171 NAI DFA Holy See Embassy 14/9/1
Dublin, 11 May 1940
I. The following instructions are intended to cover the various sets of circumstances in which it may be found necessary for a Representative abroad to remove his Legation or Office from the capital of accredition at short notice. The instructions are intended primarily for the Principal Representative for the time being in the country concerned. Officers in charge of subsidiary posts (Consulates General, Consulates, etc.) should not act on the instructions without consultation with, and the approval of, the principal representative in the country in which they are stationed.
II. In the case of a state of war arising between Ireland and the country of accredition.
(a) Appointment of neutral power to take charge of Irish interests
The Minister Plenipotentiary or other principal representative will be notified as early as possible of the existence of the state of war and of the name of the neutral power that will be requested to protect Irish nationals, property and interests. Unless there are special instructions to convey, this will be done by a telegram containing the word 'TONE' followed by the name of the neutral Government in clear. The Minister or other principal representative will at once notify the diplomatic representative of the neutral country named in the telegram that his Government are being asked by the Irish Government to charge themselves with the protection of Irish nationals, property and interests. He will request the diplomatic representative concerned to undertake these duties provisionally pending the formal assent of his Government, and express the hope that he will be prepared to take charge of any archives, Government property, etc. which it may be desired to entrust to his care.
(b) Notification to Government of accredition
The Head of the Mission will next inform the Minister for Foreign Affairs or other appropriate Minister of the country of accredition that he has received instructions to withdraw the Irish diplomatic mission and to request passports for himself, his family and his staff, including any consular staffs under his supervision. He will also indicate the Government that has been asked to take charge of Irish interests and add that, pending a definite arrangement, the protection of those interests has been confided provisionally to the diplomatic representative of that Government.
(c) Disposal of confidential papers, codes, etc.
Code and cipher books and all important confidential documents and files should be destroyed by fire immediately it becomes apparent that the withdrawal of the mission is imminent. A list of all the documents, etc. destroyed (which may take the form of suitable markings in the Register) should be brought away. In the case of confidential files, the list should contain, if possible, the reference number of any correspondence from the Department which may be on the file. Confidential papers should be regarded as including all papers on matters affecting the political relations between Ireland and other countries. The test to be applied in deciding what papers are to be regarded as confidential is, would the publication of the paper, or the knowledge of its contents by enemy country, embarrass the Government or endanger any public interest? The due destruction of confidential files and papers will be greatly facilitated if, as soon as even a remote possibility of withdrawal arises, an advance list of the documents, etc. that would require to be destroyed is prepared at once and the documents on the list kept segregated from the other papers in the office. Official seals, rubber stamps, etc. should be destroyed or defaced if they cannot be brought away. Particular care should be taken to destroy by fire all passport blanks, consular stamps (unless they can be brought away), emergency certificate blanks, stamps for endorsing passports, and all other material normally used in the issue of passports and other documentary evidence of Irish nationality and identity.
(d) Termination of leases
If the office or residential accommodation provided for the Mission that is being withdrawn is rented by the State, notice of the termination of the lease or leases should be given in writing as soon as it is apparent that withdrawal is imminent, and arrangements should be made, to the extent that time allows, for the removal and storage of the State-owned furniture and effects.
(e) Disposal of non-confidential archives, office supplies, etc.
Non-confidential archives should be transferred to the neutral mission or Government that is being asked to take charge of Irish interests; but where the office occupied by the Mission that is being withdrawn is State-owned, such archives may be left on the premises. In such a case, the archives should be placed in presses or cupboards, which should be locked and sealed in the presence of a member of staff of the neutral mission. A protocol should be drawn up recording the fact that this has been done. If no neutral mission has been appointed to take charge of Irish interests, non-confidential archives, supplies, etc. should, so far as is possible, be destroyed.
(f) Accounts
The Mission's accounts should be brought up to date and a reconciliation account should be made out. (This emphasises the necessity of avoiding arrears of accounting work and of keeping the cash, stamp and other accounts written up to date).
The prepared current accounts and supporting vouchers and (if possible) consular stamps on hand should be brought away. If this proves impracticable, the accounts, etc. should be handed over to the diplomatic representative of the neutral Government that is being asked to take charge of Irish interests.
The cash in hand and to credit in the official account may be used for the issue of imprests to the head of the mission and the members of his staff who are Civil servants. A special effort should be made to arrange with the Bank for the transfer of any balance remaining, in United States dollars or some other free currency, to the account of the Department of External Affairs in the National City Bank, Dublin. Alternatively the Bank should be asked to issue a bank draft, payable to the Head of the Mission in United States dollars, or some other free currency, in some neutral country. If this is impracticable, the diplomatic representative of the neutral Government assuming the protection of Irish interests should be given the balance of the cash on hands and a cheque drawn in his favour to cover any credit balance in the official account.
The keys of State-owned office or residential premises should also be handed over to the neutral representative as soon as these premises have been finally evacuated and locked up.
A receipt should be obtained for everything that is transferred or handed over to the neutral diplomatic mission, and the receipts should be brought away.
If no neutral representative has been appointed and it is impossible to secure the transfer of surplus balances, a statement of the official account should be obtained from the Bank, and this statement, together with the accounts, vouchers, keys, etc. should be brought away.
(g) Functions of the Neutral Representative
It should be made clear to the neutral diplomatic representative that, in taking charge of the Irish interests, he does so on behalf of his own Government and not as acting Irish representative. It will therefore be necessary for him to account through his own Government and to use his own seals, stamps, etc. in respect of any consular service he may render on our behalf. It follows that any account books, cash in hand, seals and fee stamps that may be handed over to him are being left in his custody only, and should not be used by him.
(h) Staff
The appropriate notice of termination of appointment or payment in lieu of notice should be given to any locally recruited staff. It is possible that the neutral representative may ask that a member of the locally recruited staff be left on temporary duty to assist the work of transfer. The Minister or principal representative may agree to this at his discretion. Notifications should be issued to the appropriate authorities to terminate telephone, lighting, etc. services. In the case of State-owned premises, water, light, etc. should be turned off at the mains.
Having disposed of the foregoing and any other matters calling for his attention, the Head of the Mission, together with his family and his staff (other than any locally recruited staff) will proceed immediately to Headquarters. Should the likelihood of the withdrawal of any mission be foreseen sufficiently in advance, every effort will be made to provide the Head of the Mission in due time with any funds necessary to enable him to meet the travelling expenses. Alternatively, the American Express Company will be authorised to make suitable travel arrangements through their local offices, subject to reimbursement by the Department.
III. In case it becomes necessary owing to civil disorder, or air attack or invasion (i.e., in circumstances not involving a breach of relations between Ireland and the country of accredition) for the Mission to leave the capital of the country of accredition and re-establish itself in a different, or some other part of the same, country
In the type of emergency contemplated under this heading, the following instructions will apply:
(a) Abandonment of capital of accredition
The Minister or principal representative should not leave the capital of accredition unless instructed by the Department to do so or, in the absence of instruction from the Department, unless the Government to which he is accredited and/or the diplomatic corps generally are leaving the capital.
(b) Disposal of confidential papers, codes, etc.
Unless their safe transit and subsequent safe custody can be assured, all ciphers and confidential documents and files should be destroyed in accordance with the instructions contained in paragraph II (c) above. As it will be necessary, however, that the Minister or principal representative should continue to be able to communicate with the Department in a confidential code, the documents, etc. which constitute the machinery of the 'Personal Code' should not be destroyed without specific instructions from the Department. The consular seals and stamps, together with a supply of passport blanks, emergency certificate blanks and passport endorsement stamps, should be brought away. Surplus stocks of passport blanks, etc. may if necessary be destroyed, a proper record of the material destroyed being kept.
(c) Termination of leases
Leases should be terminated and arrangements made for the removal and storage of State property in accordance with the instructions contained in paragraph II (d) above.
(d) Disposal of non-confidential archives, office supplies, etc.
If the abandonment of the capital is caused by the actual or probable occupation of the capital by a country between which and Ireland a state of war exists, these should be destroyed. Otherwise, they should be placed in locked and sealed presses or cupboards and either left on the premises, if the premises are State-owned, or moved into storage with the official furniture and effects, if they are not.
(e) Accounts
The instructions contained in paragraph II (f) above should be followed mutatis mutandis. If the Minister or principal representative considers it desirable, however, the entire balance in the official account in the Bank may be withdrawn in cash and brought with him by the Representative for the maintenance of the mission in its new habitat pending the establishment of regular communications with the Department. Proper accounts will, of course, be kept.
(f) Staff
All locally recruited staff should be given notice or payment in lieu thereof. If the mission concerned has, however, only one shorthand-typist, and that one is locally recruited, the Minister or principal representative may, at his discretion, maintain her in the temporary employment of the mission if she is prepared to take up duty in the new quarters.
(g) Communication with the Department
The Minister or principal representative should inform the Department as soon as possible of the fact of his abandonment of the capital of accredition and of the new address, telephone number, etc. of the Mission.
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