868.85/118
The Greek Minister (Diamantopoulos) to the Secretary of State
Excellency: The above named action6 has been brought by Nicholas S. Coumantaros, a Greek citizen, owner of the Greek steamship Ekaterini Coumantaros, for the return of certain war risk insurance premiums against a group of underwriters. The prosecution of the action is conditioned upon Mr. Coumantaros’ satisfying the court that the Ekaterini Coumantaros was requisitioned by and transferred to the use of the Greek Government.
In that connection there is attached hereto a certificate7 of His Excellency, Ch. Simopoulos, Greek Minister in London and Chairman of the Greek Shipping Committee, certifying that the Ekaterini Coumantaros was requisitioned by the Greek Shipping Committee in London on November 22, 1940 and that the vessel was put at the disposal of and delivered to the Greek Government at Moji, Japan on the 26th of November, 1940. This is to certify that the attached certificate, dated June 28, 1941, bears the signature and seal of the Greek Minister in London, who at all times referred to was Chairman of the Greek Shipping Committee, and that said Committee, under the Greek Law, had authority to order the requisitioning of the Ekaterini Coumantaros and that said vessel was so requisitioned at the time and place stated.
The requisitioning of the Ekaterini Coumantaros was a compulsory act of the Greek Government made under Law 4442, published in the issue of the 8th September, 1929, Part I, Sheet No. 339, of the Official Gazette, compulsory Law No. 2906, dated 28th October, 1940.
During the period the Ekaterini Coumantaros was under requisition until noon April 7, 1942, the Greek Government undertook to pay to the owner a monthly hire on agreed scale basis per dead-weight ton per month, and undertook to cover the insurance of the vessel against war risks; to provide the bunkers; to pay port and other expenses, and the owners were charged for the crew’s wages, the insurance of the vessel against marine risks and ship repairs.
It will be appreciated if you will request the Attorney General to instruct the appropriate United States Attorney to appear in the above named proceedings, involving this vessel, in the United [Page 832] States District Court for the Eastern District of New York, with the suggestion that the statements of fact contained in this note, with enclosure, are true.
Accept [etc.]