740.00112 European War 1939/597: Telegram
The Ambassador in France (Bullitt) to the Secretary of State
[Received November 28—10:10 p.m.]
2842. Embassy’s 2808, November 22, 5 p.m.60 The Embassy has received from the Ministry of Foreign Affairs a note dated today enclosing copies of a decree dated November 27th published in today’s Journal Officiel authorizing the seizure of all German exports on ships which clear from German or other ports after December 4, 1939. The decree contains authority to release German exports which became neutral property before November 28, 1939.
The Foreign Office note states that the decree contains the measures which the French Government finds itself obliged to take as reprisals against the acts of violence, condemned by international and humanitarian laws, to which the Reich Government has had recourse in recent weeks. The note expresses the regret of the French Government at being obliged to extend the control measures which the exercise of its belligerent rights has compelled it to adopt towards neutral ships. It states the formal intention of the French Government to reduce to a minimum the resulting inconveniences to neutral ship owners and businessmen. It concludes by stating that the latter will be advised of the precautions they may take to avoid delay of their ships and goods.
An explanatory statement preceding the decree justifies its issuance as a reprisal against recent German acts of violence namely torpedoing of French, Allied and neutral merchant ships in violation of the [Page 782] protocol of 1936 relative to submarine warfare62 to which protocol Germany is a party and the sinking of French, Allied and neutral ships by mines placed without notification in contravention of the Eighth Hague Convention of 1907 of which Germany was a signatory.
The text of the decree as translated in the Embassy follows:
“Article I. The competent authorities may require the discharge in a port under the jurisdiction of France or in an Allied port of goods loaded in a port situated in enemy territory if the ship has left the enemy port of embarkation after December 4, 1939.
They may follow the same procedure with respect to goods of enemy origin, source or ownership loaded in a port other than an enemy port on a ship which has left such port after December 4, 1939.
Article II. The procedure applicable to the subject of maritime prizes shall be followed to determine whether the goods discharged under application of article I above have been lawfully detained.
To this end the Inter-Ministerial Committee established by the decree of September 3, 1939 will be called in future ‘Committee of Control of Contraband and of Enemy Exports’.
Article III. The goods seized will be turned over to the service of prizes and administered by it. They may be requisitioned or sold under a decision of the Committee of Control of Contraband and of Enemy Exports.
The proceeds from these requisitions and sales will be paid into a special account in the funds for deposits and collections.
Article IV. On the conclusion of peace the Prize Council will decide, in equity and in consideration of all the circumstances, on the disposal of seized goods or when appropriate of the proceeds of their requisition of sale.
This provision will not prevent, at any time and independently of the normal procedure prescribed in article II, the Blockade Minister from deciding, with the advice of the Committee of Control of Contraband and of Enemy Exports, to release seized goods or to pay their exchange value. In particular this course may be adopted if it is established that the goods became neutrals’ property before the date of publication of this decree in the Journal Officiel. Execution of the decision will be the duty of the Ministry of the Navy.
Article V. The present decree does not prevent the seizure and capture of ships and goods by virtue of the general principles of international law and the provisions of regulations and instructions in force.
Article VI. For the application of the present decree the territories occupied by the enemy or placed under his control will be assimilated to enemy territory. All goods belonging to a person who is in said territories will be considered as enemy property”.
(Article VII charges several Ministries with executing this decree.)
- Not printed.↩
- See section entitled “Signature of Procès-Verbal, November 6, 1936, Relating to Part IV (Rules of Submarine Warfare), London Naval Treaty, 1930,” Foreign Relations, 1936, Vol. i, pp. 160 ff.↩