File No. 195.1/209

The Ambassador in Germany (Gerard) to the Secretary of State

[Telegram]

1000. In answer to an inquiry addressed to the Foreign Office as to whether any objection would be entertained by the German Government to the employment of vessels formerly of British register transferred since the outbreak of the war to the American flag, pursuant to the provisions of the American law governing the registry of foreign-built vessels, for the importation of cotton direct to German ports and the exportation of return cargoes from such ports, the following answer has been received:

According to the general principles of international law (compare also on this point Article 56 of the naval conference at London February 26, 1909) the transfer of British vessels to American register after the commencement of the war is not valid per se. The German Government, however, declares itself ready, under the proviso that its consent may be withdrawn at any time should it become necessary, to waive the invalidity of such change of flag in so far as [such] ships are employed exclusively in direct traffic between American ports on the one hand and German ports on the other hand for the importation into Germany of goods, particularly of cotton, as well as for the exportation from Germany in return of such articles as are consigned to the United States and are destined for use in the United States. It is advisable that each ship of this description be provided by the competent American authorities for each voyage with a certificate that such ship is to take a cargo destined exclusively for Germany in a direct course to a German port and on its return trip from here transport goods which are to be loaded only in Germany and are consigned to the United States and destined for use in the United States. Ship should further be furnished for each individual voyage between America and Germany with a safe conduct issued by the Imperial German Ambassador, Washington, on the strength of this certificate requesting German war vessels to allow ship to pass unmolested on this journey.

Gerard