File No. 763.72112/1408

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

No. 1194]

Sir: I have the honor to transmit herewith a copy and a translation of a note verbale from the German Foreign Office relative to the reciprocity of treatment of claimants in prize court proceedings in Germany and in the United States.

I have [etc.]

James W. Gerard
[Enclosure—Translation]

The German Foreign Office to the American Embassy

No. IIIa 12475/92479]

Note Verbale

According to section 37 of the German prize court regulations, the costs of the prize court proceedings are charged to the account of the Empire in those cases where the claim is allowed. The Empire is furthermore to be debited in general with the necessary expenses of the claimant in those cases where the Imperial Chancellor declares that reciprocity is assured.

Proceedings have recently come before the German prize courts in cases in which citizens of the United States of America have been interested. From the material at hand, the Imperial Chancellor is not in a position to declare, in the absence of further data, that reciprocity on the part of the United States is assured. The Foreign Office requests, therefore, that the Embassy of the United States of America kindly obtain a binding declaration from its Government to the effect that, in contrary cases, the American prize courts would likewise recompense the German claimants for their expenses.