811.203/380: Telegram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received January 12—2:55 p.m.]
270. A note has been drafted in the sense of Department’s telegram 182, January 7 and approved by appropriate Army officer and La Rue [Page 131] Brown.44 No reference is made in draft to the statements and information contained in fourth paragraph of Department’s telegram as all here concerned believe that any use particularly of first two sentences of that paragraph would only serve to put obstacles in the way of a possible solution of problem under reverse Lend-Lease. Both Army officer and Mr. Brown feel that certain definite commitments were implicit in the previously existing modus operandi for defense of certain suits by Treasury Solicitor and now that operation under collision agreements has been terminated and the modus operandi ended only harm can be done by specific mention of so-called alleged commitments and of disagreement with respect thereto. Embassy fully concurs in this view. Consequently, the Department is earnestly requested to authorize by urgent telegram the sending of Embassy’s note with omission mentioned above.
Furthermore informal discussions reveal that if reverse Lend-Lease principle is adopted British authorities will expect that United States authorities will on a reciprocal basis dispose of all non-combat claims of third parties arising out of acts in United States of personnel of armed forces of the United Kingdom in line of duty or out of operations of United Kingdom armed forces and their equipment. It is believed that it would strengthen the British authorities’ position with their public and promote a disposition to adopt Department’s suggestion if Embassy were authorized to state in its note that in the event of the adoption of reverse Lend-Lease principle such arrangements would be on a reciprocal basis. Department’s early instructions are urgently requested.
- Herman La Rue Brown, special representative of the Attorney General of the United States and Legal Attaché American Embassy in the United Kingdom.↩