/ No.130 BRITISH EMBASSY| WASHINGTON, D.C. April 3th, 1940. Dlr, Under instructions from Qls Majesty's Principal Secretary of State for foreign Affairs I have the honour to coianunicate to you the enclosed text of a joint public declaration which has been made by His Majesty's Government in the United Kingdom and the French ; ovez'iunent, regarding the territorial waters of Norway* I have the honour to be. with the highest consideration, Sir, Your moat obedient, humble servant, (30D) LOTHIAN The Honourable Cordell Hull, Secretary of itate of the United ntatee, V.a&hington, 1). C. ACE1IMIAB HIn recent weeks the German campaign against the merchant shipping of all nations has been Intensified and pursued with evou greater brutality than before. The number of neutral ships destroyed by German action is now well over 150 and the number of neutral lives lost is nearly 1000. Those'attacks have been carried out in almost every case in defiance of the recognised rules of war, frequently in circumstances of the greatest barbarity and on many occasions without the slightest justifi- cation for interference of any sort with the ship, Germany has announced that she regards herself as entitled to destroy any neutral ship en route to any British port, including contraband control harbors, and there have moreover been repeated cases of vessels being destroyed on voyage between two neutral ports when the vessel had nolntention of touching at a British port at all. It is obvious that the Gorman Government are engaged In an indiscriminate campaign of destruction throughout the waters ?.n which their unnotified mines are laid or in which their submarines are in a position to operate. 2. While in recent weeks the greatest losses have fallen upon neutral shipping British and Allied vessels have also suffered from the adoption of this policy of destruction, a new development of which is the bombing from the air of British and neutral trawlers and fishing boats and the machine gunning of their crews. The innocent character of fishing boats has hitherto/ 4 - 3 - hitherto been universally recognised but this has not prevented Germany from committing nearly 200 attacks on fishing vessels aimed at sinking them and murdering their crews* -Ivan lightships, the object of which Is to protect shipping of all nations and which are by International usage treated as noncombatants, have oeen with tiislr crews ruthlessly attacked by bombs. 3. It Is a fact deserving of constant emphasis that these German attacks have been deliberately aimed at the destruction of neutral Uvea and property and It If aaundantly clear that the purpose behind them Is pure terrorism. The Allies on the other hand have never destroyed nor Injured a single neutral ship, or taken a single neutral life* On the contrary they have not only soved the lives of many Innocent victims of these German outrages but they have also not failed to rescue from drowning Gernan almen and suomarlne crews who have been guilty of the Inhumanities in question* 4. The position Is therefore that Germany Is flagrantly violating neutral rights in order to damage the Allied countries while Insisting upon the strictest observance of rules of neutrality wherever3uch observance would provide some advantage to herself• International law has always recognised the right of a belligerent, when l*5s enemy has systematically resorted to lllogal practices, to take action appropriate to the situation created by the illegalities of the enemy* Such action even though not; lawful in ordinary circumstances becomes and is generally recognised to become lawful in view of the other belligerent 'a violation of l«w* Tho A1Ued Governments therefore hold themselves entitled to/take such action as they may deem proper In the present circumstancesr The/ 5# The Allied Governments have observed that a heavy proportion of the losses Inflicted upon neutral countries, both of human life and In material, has fallen upon the Norwegian mercantile marine. Yet while the German Government repeatedly sink Norwegian shipping and murder Norwegian seamen they continue to ' derrand from the Norwegian Government the fullest use of ?iorwe^ian territorial waters for their own commerce, and t'ie Norwegian Government have even felt obliged to provide armed escort In these waters for uerman ships while unable to take effective action against Gorman brutality on the high seas of which tueir own vessels have been the victims, 6, Whatever may be the actual policy which the Norwegian Government by German threats and pressure are compelled to follow, the Allied Governments can no longer afford to acquiesce in the present state of affairs by which Germany obtains resources vital to her prosecution of the war and obtains from Norway facilities which pla2 degrees 19 minutes 30 seconds , 5 degrees 05 minutes 36 seconds E (5) G2 degrees 12 minutes 00 seconds Nf 6 degrees 09 minutes 00 seconds B ud, an area enclosed by the Norwegian coast and lines Joining the following positions; (2) 63 decrees 03 minutes 30 seconds N, 6 decrees 54 minutes 00 seconds E (3) 63 degrees 07 minutes 12 seconds H, 7 degrees 04 minutes 30 seconds K (4) 62 degrees 59 minutes 24 seconds N, 7 decrees u7 minutea 15 seconds 3 i.'est Fjord, an area enclosed by the Norwegian coast and lines Joining the following points: (1) 67 decrees 24 nlnutes 40 seconds ll# 14 degrees 34 minutes 00 sedonds H (2) 67 degrees 27 minutes 30 seconds ll0 14 degrees 24 minutes 00 seconds K (3) 67 degrees 28 minutes 56 seconds 14 degreea 06 minutes 45 seconds K ( (4) 67 degrees 33 nlnutes 55 seconds 15 degrees 51 minutea 30 seconds E (5) 67 degrees 37 minutes B| seconds N, 14 degrees 02 minutes If seconds E (6) 67 degrees 26 mlnut-.-s 20 seconds U9 14 degrees 38 minutes 30 seconds E It will be observed that the laying of mines In these areas will In no way Interfere with the free access of Norwegian nationals or ships to their own ports and coastal hamlets* In order to avoid the least possibility of Norwegian or other vessels Inadvertently entering these areas be "ore there has been time to give warning of the mines being laid arrangements have been made for the limits of the areas to be patrolled by British naval vosaels until a period of forty-eight hours has elapsed from the laying of the first mine in each area. This measure, In conjunction with the broadcast warning, should I'ully provide for the safety of shipping.