File No. 763.72/2337

The German Ambassador (Bernstorff) to the Secretary of State

(1)
German submarines in the Mediterranean had, from the beginning, orders to conduct cruiser warfare against enemy merchant vessels only in accordance with general principles of international law, and in particular, measures of reprisal, as applied in the war zone around the British Isles, were to be excluded.
(2)
German submarines are therefore permitted to destroy enemy merchant vessels in the Mediterranean, i. e., passenger as well as freight ships as far as they do not try to escape or offer resistance, only after passengers and crews have been accorded safety.
(3)
All cases of destruction of enemy merchant ships in the Mediterranean in which German submarines are concerned are made the subject of official investigation, and besides, submitted to regular prize court proceedings. In so far as American interests are concerned, the German Government will communicate the result to the American Government. Thus also in the Persia case if the circumstances should call for it.
(4)
If commanders of German submarines should not have obeyed the orders given to them, they will be punished; furthermore, the German Government will make reparation for damage caused by death of or injuries to American citizens.

[File copy not signed]