811.203/391
The American Ambassador in the United Kingdom ( Winant ) to the British Secretary of State for Foreign Affairs ( Eden )45
Sir: With reference to Mr. Churchill’s note of November 5, 1943 (No. W 15227/5/64),46 concerning the question of civil claims arising in tort against personnel of the United States armed forces in the United Kingdom, I have been instructed to state that for reasons set forth below it is the earnest desire of my Government that your Government may find it possible to 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 the United States armed forces and their equipment which the British Government considers not politically objectionable. The United States Government believes that such claims are a part of the normal expenses of the United States forces and consequently are properly chargeable to reverse Lend-Lease. It is contemplated that under the suggested arrangements property losses of the respective Governments, arising out of acts in which only personnel and equipment of the two Governments are involved, should be borne where they fall. The United States Government proposes that in all collision cases it will repair its own vehicles without charge. The United States Government 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 proposed arrangements, should they be acceptable to the British Government, the following procedure is suggested after the usual investigation by the United States forces:
Each claim will be presented to the British authorities for disposition, and, when necessary, for payment under reverse Lend-Lease. [Page 133] 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 would 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. In view of the terms of the legislation from which such Claims Commissions derive their authority, I venture to point out that the military or naval authorities of the United States may not be expected to render assistance to obtain satisfaction from American 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 a United States Foreign Claims Commission.
In making the foregoing suggestion I have been instructed to state that while, as indicated in the Embassy’s communication of September 25, 1943 to Mr. Patrick Dean of the Foreign Office, the United States Government, pending further experience, will not object to the exercise by British courts of jurisdiction in civil proceedings involving members of its armed forces subject to the conditions therein stated, in no circumstances does the United States Government recognize any liability of the United States or of its Foreign Claims Commissions to pay judgments of British courts or tribunals against personnel of its armed forces. The Embassy’s communication of January 19, 194447 to Mr. Nevile Butler of the Foreign Office confirms and amplifies the point that the War and Navy Departments will make every effort consistent with law and policy to obtain compliance by their personnel with judgments of British courts arising from claims beyond the scope of the Foreign Claims Acts, particularly in affiliation proceedings and on private contractual and domestic obligations.
In view of the considerations stated in Mr. Churchill’s note under reference as to the desirability of affording to British claimants recourse to British courts, I venture to express the hope that the British Government will find it possible to accede to the foregoing suggestion that it take over under reverse Lend-Lease the disposition of all non-combat 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. By so doing not only could the desired recourse to British [Page 134] courts be given, but the arrangements with insurance companies which are now in abeyance could be reinstated.
Accept [etc.]