740.00111A Vessels/121
Statement Issued to the Press by the Department of State, September 15, 1941
The President’s Proclamation of November 4, 193914 issued under Section 1 (a) of the Neutrality Act of 1939, proclaimed “… the existence of a state of war between Germany and France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa ”
On August 27, 1941, the Secretary of State requested from the Acting Attorney General15 a formal opinion as to whether the term “United Kingdom” as used in the proclamation might properly be construed as including only England, Wales, Scotland and Northern Ireland, and as not including the overseas territories and possessions of Great Britain not expressly enumerated in the proclamation. The Acting Attorney General concluded that that term is properly to be construed as including only England, Wales, Scotland and Northern Ireland and not the overseas territories and possessions of Great Britain not thus expressly enumerated.
The restrictions of Section 2 (a) of the Neutrality Act of 1939, apply only to the carriage of passengers, articles or materials to states named in proclamations issued under Section 1 (a) of the Act. Accordingly, [Page 394] transportation of passengers, any articles or materials, including arms, ammunition, or implements of war, to the overseas colonies and possessions of Great Britain which are not in a combat area and which are not specifically enumerated in the proclamation of November 4, 1939 is not prohibited by the Neutrality Act of 1939.
A copy of the Acting Attorney General’s opinion is attached.16