File No. 763.72111/4152
The Minister in Norway ( Schmedeman ) to the Secretary of State
[Received 10.45 p. m.]
My telegram No. 89, October 17, 12 noon. Legation has received from Foreign Office copy of note of 16th instant from Norwegian Government in reply to identic memoranda of British, French, Italian, Japanese, and Russian Governments concerning submarines in neutral waters. Norwegian Government states in this note that after careful consideration of the question whether special [character?] of war submarines entails on the part of neutrals different treatment of them than of other naval vessels, it has concluded that it has the right to refuse to such submarines access to its territorial waters, and has accordingly made new regulations by Royal decree of October 13. On the other hand Norwegian Government admits no obligation under international law towards either group of belligerents to forbid access of submarine boats to Norwegian waters because of advantages the other group may derive from such access. In view of Royal decree, however, this question does not arise. Royal decree does not extend to merchant submarines if they enter by day and in clear weather on the surface and flying national flag. Government has given marine authorities instructions with a view to assuring undoubted merchant character of merchant submarine boats that may enter Norwegian waters. Until experience demonstrates effect of use of merchant submarines on the maintenance of neutrality, further regulations with regard to merchant submarine boats are not considered. In pursuance of generally recognized principles of impartial neutrality according to preamble of thirteenth Hague convention, change of neutrality rules is always to be avoided unless experience has demonstrated necessity of change for safeguarding neutral rights.