File No. 763.72112/8769

The Minister in the Netherlands ( Garrett ) to the Secretary of State

[Telegram]

2885. My 2637, May 6 [16], 5 p.m. I understand that the Dutch Government recently addressed to the German Government an inquiry as to whether new German prize ordinance, section [article] 55(c), applied to Dutch shipping. What appears to be a statement of the official German position appears in Dutch press; substance follows:

German prize ordinance 55(c) does apply in its entirety to Dutch shipping. Position taken by Germans is that so-called dismantled shipping—that is, ships which are riot working—do not count, thus tonnage now in Dutch ports is deducted in making a calculation as to what portion Dutch fleet is in enemy service. Thus it is calculated that the greater part Dutch shipping is sailing in Allied service. There is no question of attack without previous warning or of destruction outside barred zone. Difficulties with Germany cease to exist if arrangement is arrived at concerning conditions upon which Germany is prepared to furnish Dutch vessels with letters of safe conduct for voyages in advance. Negotiations are under way regarding these conditions.

Garrett