811.203/348: Telegram

The Secretary of State to the Ambassador in the United Kingdom ( Winant )

182. The Department refers to your telegram 7808, November 1042 repeating a communication dated November 5 from British Foreign Office concerning civil claims against members of the United States forces in the United Kingdom.

At the outset it should be stated that while as indicated in the Department’s No. 5657 of September 16,42 this Government pending further experience will not object to exercise by British courts of jurisdiction in civil proceeding involving members of its armed forces, subject to the conditions therein stated, in no circumstances does it recognize any liability of the United States or its foreign claims commissions to pay judgments of British courts or tribunals against personnel of its armed forces.

Department’s No. 6748 of October 2842 indicated that subject to the conditions in its No. 5657 the War and Navy Departments would make every effort consistent with law and policy to obtain compliance by their personnel with judgments of British courts. Further detail in explanation of this position is contained in the Department’s No. 181 of January 7, 1944. These arrangements are particularly applicable to personal judgments in affiliation proceedings and on private contractual and domestic obligations, which are beyond the scope of the Foreign Claims Acts.

The Foreign Office note of November 5 alleges that certain commitments involving the responsibility of this government for judgments of British courts against members of the armed forces of the United States with respect to torts committed by service personnel of the United States in the course of duty have been made by officers of this Government in London. Not only is there some disagreement as to what commitments were made, but the Department is advised that the War and Navy Departments have not authorized the payment of any such civil judgments. The War Department has however recently authorized the theater commander to pay from contingent funds specified outstanding and unpaid claims which had been processed under knock for knock and halving agreements prior to the time that operation under these collision agreements was terminated.

This Government desires that the British Government pay under reverse lend-lease all noncombat claims of third parties, now pending or hereafter arising out of acts of personnel of the armed forces of the United States in line of duty or out of operations of United States armed forces and their equipment, which the British Government [Page 130] considers not politically objectionable. It is believed that such claims are a part of the normal expenses of the United States forces and are properly chargeable to reverse lend-lease. It is contemplated that under this arrangement property losses of the respective Governments arising out of accidents in which only personnel and equipment of the two Governments are involved shall be borne where they fall. In all collision cases the United States will repair its own vehicles without charge. The United States will moreover transfer to the British authorities all property damage claims against third parties to be used by the British Government under collision agreements or otherwise in processing claims against the United States or as offset receipts to be credited against reciprocal aid.

In carrying out these arrangements the following procedure is suggested: After the usual investigation by the United States forces, each claim will be presented to the British authorities for settlement and when necessary for payment under reverse lend-lease. In the processing of such claims as are accepted the British authorities would be free to use British courts, commissions, collision agreements with insurance companies or other such available means as they consider feasible and the United States authorities would cooperate by assisting in the production of evidence and, so long as available within the United Kingdom, of parties and witnesses whenever military duties are not paramount. The disposition of such cases by the British authorities will be final. Claims presented to the British authorities and not accepted for payment under reciprocal aid and which are within the provisions of the Foreign Claims Acts may be presented to the Foreign Claims Commissions of the United States. Military or naval authorities of the United States may not be expected to render assistance to obtain satisfaction from service personnel of any personal judgment obtained by a claimant who has resorted to a civil action either in avoidance of or as in effect an appeal from the jurisdiction of United States Foreign Claims Commission.

You are requested to address an appropriate communication in the sense of the foregoing to the Foreign Office in reply to its communication of November 5.

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