File No. 763.72112/2061
[Enclosure—Translation]
The German Foreign
Office to the American
Embassy
No. IIIa 22501/194694
Note Verbale
The Foreign Office has the honor to reply as follows to the note verbale of the American Embassy of
November 11 last, F. O. Nr. 6187, relative to the use in Germany
of imported articles of contraband.
While the military authorities in Germany, with the declaration
of the state of war, are empowered to take over the executive
power from the civil authorities, as a matter of fact they have
not as yet availed themselves of this authority during the
present war. Only with regard to certain matters, and not to the
exclusion of the civil authorities, have they interested
themselves directly in affairs which are otherwise dealt with
exclusively by the civil authorities; this refers to matters of
police, protection against espionage, police regulations for
aliens, and supervision of the frontier, as well as army
supplies. As far as the rest is concerned, all civil officers
are working to the full extent of their former authority. In any
case, they alone are competent as far as questions of
importation are concerned.
The question whether or not goods have been placed on the
contraband list by the enemies of Germany, is of no significance
to the internal German legislation and administration. No
regulations have therefore been issued according to which the
goods enumerated on the contraband list of the enemies, are
placed under special government control in Germany. But all
goods, be they
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enumerated on the contraband list of the enemies or not, can be
imported to and sold in Germany free from official interference,
unless an order forbidding the importation has been placed on
certain articles to harm the hostile trade (see the publication
of February 15, 1915, Imperial Law
Gazette, sheet 93). Through the order of the Bundesrat
of June 24, 1915, relative to the safeguarding of war supplies
(Imperial Law Gazette, sheet 357)
only the possibility is left that during the present war,
articles which can be used in the manufacture and plant of war
supplies, will be taken over by the military authorities against
payment of the price in cash.
Furthermore, for the purpose of equal distribution to the
populace, central organizations of distribution have been
created for certain goods which, In view of the difficulties
caused through the war in the normal trade connections, are
available in smaller quantities than in times of peace. In this
regard, the following articles are more particularly concerned:
- (a)
- Corn, legumes, flour, and fodder, which are imported,
in accordance with the publication of September 11 last
(Imperial Law Gazette, sheet
569), are to be delivered to the Zentral
Einkaufsgesellschaft m.b.H., Berlin.
- (b)
- Imported butter is to be delivered to the same concern
in accordance with the regulations of November 15,
relative to the importation of butter from foreign
countries (Imperial Advertiser,
No. 271, November 16, last).
- (c)
- Fruits containing oil, in accordance with the
publication of October 19 last (Imperial Law Gazette, 675) in conjunction with
former regulations, are to be delivered to the
Kriegsausschuss für tierische und pflanzliche Oele und
Fette, G.m.b.H.
- (d)
- Imported products of dried potatoes and of the
manufacture of potato starch are to be delivered to the
Trockenkartoffel Verwertungsgesellschaft m.b.H.,
Berlin.
The aforementioned concerns are not, however, organs of the
Empire, but merely enterprises for the common benefit of the
public, which have been founded by private persons, banks, and
industrial companies, and the capital of which, legally and
actually, is fully separated from that of the Empire and the
allied states.
In all ordinances, the right is reserved to the Imperial
Chancellor to grant exceptions from the obligation of delivery.
The German Government would accordingly be in the position [and
also disposed1], if
necessary, to guarantee the sale to the civil population in the
open market of products imported by private parties from the
United States of America.
Berlin
,
December 14,
1915.
