740.00112 European War 1939/611: Telegram
The Ambassador in the United Kingdom (Kennedy) to the Secretary of State
[Received November 29—11:48 a.m.]
2481. Embassy’s 2420, November 22, noon.63 Under cover of a circular note from the Foreign Office dated November 28, 1939, indicating that the British Government is constrained to take retaliatory measures against German illegalities and expressing regret that it has become necessary to extend the measures of control of neutral shipping beyond that already exercised, the Embassy has been furnished with copies of the Order-in-Council “framing reprisals for restricting further the commerce of Germany.” The note also adds: “Every effort will, however, be made to minimize inconvenience to neutral ship-owners and merchants, and steps are being taken to bring to their notice the precautions which they can take to avoid delay to their vessels and goods.” After a preamble which elaborates the Prime Minister’s statement of November 21 showing cause for taking retaliatory measures, the Order-in-Council reads:
“1. Every merchant vessel which sailed from any enemy port, including any port in territory under enemy occupation or control, after the 4th day of December, 1939, may be required to discharge in a British or Allied port any goods on board laden in such enemy port.
“2. Every merchant vessel which sailed from a port other than an enemy port after the 4th day of December, 1939, having on board goods which are of enemy origin or are enemy property may be required to discharge such goods in a British or Allied port.
“3. Goods discharged in a British port under either of the preceding articles shall be placed in the custody of the marshal of the Prize Court, and, unless the court orders them to be requisitioned for the use of His Majesty, shall be detained or sold under the direction of the court. The proceeds of goods so sold shall be paid into court.
On the conclusion of peace such proceeds and any goods detained but not sold shall be dealt with in such manner as the court may in the circumstances deem just; provided that nothing herein shall prevent the payment out of court of any such proceeds or the release of any goods at any time (a) if it be shown to the satisfaction of the court that the goods had become neutral property before the date of this order, or (b) with the consent of the proper officer of the Crown.
“4. The law and practice in prize shall, so far as applicable, be followed in all cases arising under this order.
“5. Nothing in this order shall affect the liability of any vessel or goods to seizure or condemnation independently of this order.
[Page 784]“6. For the purposes of this order the words ‘goods which are of enemy origin’ shall include goods having their origin in any territory under enemy occupation or control, and the words ‘goods which are enemy property’ shall include goods belonging to any person in any such territory.
“7. Proceedings under this order may be taken in any prize court having jurisdiction to which the prize court rules, 1939,* apply.
“8. For the purposes of this order the words ‘British port’ mean any port within the jurisdiction of any prize court to which the prize court rules, 1939, apply.
“* statutory rules and orders 1939 No. 1466.”
Full text of note and Order-in-Council by mail.65