711.00111 Armament Control/Military Secrets/950
Memorandum by the Legal Adviser (Hackworth)
The Soviet Ambassador called on December 11 to inquire whether if his Government should place a contract in the United States for the construction of a war vessel the Neutrality Act would prevent delivery of the vessel, if at the time of its completion his country should be at war.
I told him that it was my judgment that the vessel could not be delivered during the existence of a state of war. He then inquired [Page 490] whether a different situation would obtain if the contract had been let before the issuance of the President’s proclamation. I told him that I did not think so but that I would be glad to look into the matter and talk with him again.
He called again on December 16 and I told him that I did not think that the vessel could be delivered, if at that time his country should be at war and the President had issued a proclamation under the Joint Resolution of May 1, 1937. I called his attention to Category II of the proclamation issued February 29, 1936,49 listing the articles the exportation of which was prohibited and mentioning specifically “vessels of war of all kinds”. He wondered whether it might not be possible to relieve the contract of the effects of the Joint Resolution and of any proclamation by an agreement between the two countries, or otherwise. I answered in the negative, stating that regardless of our own legislation on the subject, it would be contrary to international law, and that the opposing belligerent would have ample grounds for complaint and for a claim for damages against the United States.
He indicated that he might again speak to the Secretary on the subject.
- 49 Stat. 3498, 3500.↩