656D.006/3–147: Telegram
The Secretary of State to the Embassy in the Netherlands
u.s. urgent
103. Deptel 57 Jan 31 and urtel 135 Mar 1.23 Please inform FonOff orally as follows:
Amer ship Martin Behrman sailed from Philippines to Cheribon, Java, on express assurance of Neth Embassy Wash that voyage and proposed purchases agreeable Neth Indies Govt. Subsequent to this assurance Neth Indies Govt promulgated new regulations Jan 29 in effect abrogating approval given by Neth Embassy. Ship’s Captain and owners advised of new regulations while ship en route Cheribon and Dept on several occasions advised them of possible consequences to them of failure to comply with NEI regulations. Nevertheless Neth Govt must realize Amer public opinion will not understand or condone any injury to Amer personnel on board Martin Behrman. Dept deprecates tone statement, copy of which given AmConsul Batavia Feb 27 by NEI authorities with regard possible arbitrary action against vessel and crew24 (Deptel 102 Mar 125). US Govt reserves all rights in regard to any injury to ship or personnel.
US Govt considers amicable adjustment Martin Behrman imperative.
Case of Martin Behrman is direct effect Jan 29 regulations. While avowed purpose regulations is to prevent export stolen property and assure compensation lawful owners, practical effect is to paralyze trade with NEI, and to prolong and intensify economic disturbances already resulting from world shortages commodities covered by these regulations. Moreover, regulations are so inclusive as to prohibit importation to NEI of many articles urgently required for civilian needs.
The Linggadjati Agreement requires Indonesian Govt restore all foreign property to its owners. US Govt earnestly urges that, pending ratification agreement, some procedures be effected by means of which commodities covered in regulations can promptly reach channels of world trade subject protection rights of lawful owners whatever nationality.
[Page 900]We consider that early restoration of normal exchange of goods between Indies and rest of world is one of most necessary and practical means of bringing about stability in Indies and South East Asia as a whole in which US cannot but have an abiding interest.
US Govt urges, therefore, early reconsideration by Neth Govt of import-export regulations which have been adopted by NEI Govt.
In your approach Neth authorities, endeavor focus their attention broader consequences which their policies in NEI may have in relation to early political and economic world stabilization.
Sent to The Hague as 103 for action and to London 1005 for information citing 1308 from London, Feb 27,26 and to Batavia for information citing 64 from Batavia, Feb 28.