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  4. Document 327

740.00111A.R.–N.C./5

The Ambassador in Brazil ( Caffery ) to the Secretary of State

No. 2373
Rio de Janeiro , January 12, 1940.
[Received January 18.]

Sir: I have the honor to inform the Department that Dr. Charles G. Fenwick arrived in Rio de Janeiro at half past three yesterday afternoon by Panair to take part in the Inter-American Neutrality Conference. I am enclosing, as of possible interest to the Department, a copy of a memorandum which Dr. Fenwick has prepared in connection with his ideas as to a possible agenda for the Conference.

Respectfully yours,

For the Ambassador:
William C. Burdett

Counselor of Embassy
[Enclosure]

Memorandum on Meeting of Inter-American Neutrality Commission

[Page 264]
Decl. V
3, a
Decl. V
3, b
Resol. VIII
Decl. V
A.
Definition of terms of the General Declaration of Neutrality of the American Republics:
1.
What constitutes a “base of belligerent operations”: use of ports in violation of national legislation and inter-American regulations.
2.
What activities of persons within their respective territories are “capable of affecting” the neutral status of the American Republics;
a.
activities forbidden by international law;
b.
activities specially proscribed by national legislation in excess of international law.
3.
Specification of privileges of belligerent vessels in port:
a.
generalization of twenty-four hour rule;
b.
amount of fuel allowed warships;
c.
prohibition against refueling within three months:
? extension of rule for each state to American states as a unit;
d.
exclusion of submarines;
e.
merchant vessels to be regarded as “auxiliary transports” if making contact with belligerent warship.
Decl. XIV
B.
Measures to secure observance of the provisions of the Declaration of Panama:
1.
What constitutes a violation of the Declaration:
a.
determination of belligerent taking the initiative in hostilities;
b.
application of the doctrine of “hot pursuit”.
2.
Denial of port privileges:
a.
penalties against individuals violating the denial.
3.
Internment:
a.
provision for caring for vessel and crew;
b.
effect of resistance of belligerent vessel to internment.