811.203/452: Airgram

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

A–550. With reference to Department’s telegram 2353 March 27, 10 p.m., and supplementing my 2666, April 1, 6 p.m.,58 there is quoted below Mr. Eden’s official reply to my note No. 3493 of March 28, 1944,59 concerning the agreement for settling certain claims arising against personnel of the United States Forces in the United Kingdom and for settling certain claims arising out of the acts of members of the armed forces of Great Britain in the United States in the line of duty (Embassy’s despatch No. 14,737 of March 2960):

“I have the honour to refer to Your Excellency’s note No. 3493 of the 29th [28th] March, concerning the question of civil claims arising in tort against members of the United States Forces in the United Kingdom.

  • “2. I was most gratified to learn that the United States Government are able to accept the conditions and limitations which I attached, in my note No. W 3151/150/64 of the 29th February and in the annex thereto, to the acceptance by His Majesty’s Government of responsibility for a settlement as a matter of reciprocal aid of a number of classes of such claims. I am further most grateful for your assurance that the United States Government for their part will make similar arrangements for the settlement under Lend-Lease of such claims arising out of the acts of His Majesty’s Forces in the United States in the course of their Military duties.
  • “3. I am able to confirm the interpretation placed by the United States Government upon paragraphs 6 and 11 of the annex to my [Page 140] note of the 29th February. In stipulating in the former paragraph that the United States authorities should supply a retainer to the Treasury Solicitor I have used the word ‘retainer’ in the sense of an authority to act on behalf of the defendant. The intention of the latter paragraph is, as the United States Government assumes, that claims should not be brought by one government against the other. It is not suggested that the claims of United States nationals in their own right on account of personal injury, death, or property losses should be waived.
  • “4. Your Excellency is no doubt aware that on receiving your note under reference, I announced in Parliament on the 30th March61 that a satisfactory solution to this problem had been reached. At the same time I circulated a written statement of the details of this solution in the official report of Parliamentary debates, and I enclose ten copies of this statement for your information.
  • “5. I shall be grateful if you will inform the United States Government of the pleasure with which I have received their acceptance of the proposals made to them and of my satisfaction that it has been possible to reach a settlement of this matter.”

Copies of Mr. Eden’s statement referred to in paragraph 4 of his note were forwarded to the Department with the Embassy’s despatch No. 14, 817 of April 1, 194462

Agreement has now been reached on all the points raised in the Department’s telegram under reference.

The Department’s instructions as to the procedure for processing claims arising out of acts of members of the armed forces of Great Britain in the United States in line of duty are awaited.

Winant
  1. Latter not printed.
  2. For text of note, see Department of State Treaties and Other International Acts Series No. 1602.
  3. Not printed.
  4. Parliamentary Debates, House of Commons, 5th series, vol. 398, cols. 1558–1559.
  5. Not printed.