740.00111A.R.–N.C./116: Telegram

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

331. Referring my despatch No. 1685, September 5, 1939.96 The President97 signed a decree as follows amending the Brazilian neutrality law to provide for the detention of belligerent merchant vessels taking refuge in its ports in line with the Neutrality Committee’s recommendations regulating the Security Zone:

“Article 1. The following rules are hereby incorporated into decree law number 1561 of September 2, 1939:

Article 18 (a). If a merchant vessel of belligerent flag, fearing hostile acts on the part of the enemy, seeks refuge in Brazilian ports or waters, or if calling there remains there for an unusually and unnecessarily long time, the Brazilian authorities shall take measures to detain the vessel and prevent it from navigating without special authorization.

Article 18 (b). While the merchant vessels covered by the foregoing paragraph remain in Brazilian ports as detained vessels the Brazilian authorities will take the following measures without prejudice to other measures that may be deemed suitable:

(a)
Place the vessel under surveillance, with a guard either on board or else:
(b)
Determine the port or anchorage in which the vessel should remain;
(c)
Render the vessel incapable of leaving while under detention;
(d)
Prohibit the use of the vessel’s means of communication;
(e)
Place the officers and crew at liberty. However, their stay in Brazil will remain subject to the provisions of the laws governing immigration and the admission of aliens and they shall be subject to those measures that may be prompted by the preservation of neutrality or the safety of the state;
(f)
Exempt the vessel from port dues and taxes. Article 2. Contrary provisions are revoked.”

Caffery
  1. Not printed.
  2. Getulio Vargas.