Papers Relating to the Foreign Relations of the United States, 1917, Supplement 2, The World War, Volume II

File No. 600.119/393a

The Secretary of State to the Diplomatic Representatives in All Countries

[Circular telegram]

Washington , September 14, 1917 .

Note and inform all consuls in your jurisdiction:

Following approved by the President August 17, 1917:

Resolved: That the Exports Council hereby recommends to the President that he instruct the Secretary of Commerce as follows: Export licenses shall be refused in any case where the consignee is one of the persons described in any one of the following paragraphs, regardless of the nationality of such consignee:

1. The following persons referred to as enemies and allies of enemies:

(a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war or an ally of such nation or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory or incorporated within any country other than the United States and doing business within such territory;

(b) The Government of any nation with which the United States is at war, or an ally of such nation, or any political or municipal subdivision thereof, or any officer, official agent, or agency thereof;

(c) Such other individuals, or body of individuals, as may be natives, citizens or subjects of any nation with which the United States is at war, or an ally of such nation, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation under law, include within the terms “enemy” or “ally of enemy.”

The words “United States,” as used herein, shall be deemed to mean all land and water, continental or insular, in any way within the jurisdiction of the United States or occupied by the military or naval forces thereof.

2. Persons who participate in, and use the articles exported from the United States in or in connection with any of the following acts:

(a) To trade, or attempt to trade, with an enemy, or for, or on account of, or on behalf of, or for the benefit of any enemy, either directly or indirectly, with knowledge or reasonable cause to believe that the person with or for, or on account of, or on behalf of, or for the benefit of whom such trade is conducted, or attempted to be conducted, is an enemy;

(b) To trade, or attempt to trade, with an ally of enemy, or for, or on account of, or on behalf of, or for the benefit of, an ally of enemy, either directly or indirectly, with knowledge or reasonable cause to believe that the person with or for, or on account of, or on behalf of, or for the benefit of whom such trade is conducted, or attempted to be conducted, is an ally of enemy;

(c) To transport, or attempt to transport, an ally of enemy [sic] with knowledge or reasonable cause to believe that the person transported, or attempted to be transported, is an enemy;

(d) To transport, or attempt to transport, an ally of enemy with knowledge or reasonable cause to believe that the person transported or attempted to be transported, is an ally of enemy;

(e) To transmit, or take, or attempt to transmit or take, out of the United States, in any manner, any letter, document, writing, message, picture, diagram, map or other device or form of communication, addressed to or intended to be delivered or communicated to an enemy, with knowledge or reasonable cause to believe that the intended recipient is an enemy;

(f) To transmit or take, or attempt to transmit or take, out of the United States, in any manner, any letter, document, writing, message, picture, diagram, map or other device or form of communication addressed to or intended to be delivered or communicated to an ally of enemy, with knowledge or reasonable cause to believe that the intended recipient is an ally of enemy.

3. An agent of the enemy or of an ally of the enemy (as mentioned in par. 1 hereof) will, for the purpose of the embargo, be regarded as including, until the contrary is shown, any person who assists in plotting or intrigue against the United States or one of the Allies, or in carrying on hostile propaganda for the enemy or an ally of the enemy.

4. Persons who assist in making a portion or any part of the seacoast a base of military or naval operations of the enemy or an ally of the enemy; e. g., one who sells, supplies or furnishes information to German raiders or submarines.

5. Persons who assist in performing unneutral service at sea, such as the transportation of agents, or naval or military persons, the transmission of military information by courier, message, radio or otherwise; the participation in military operations.

6. The foregoing classes of persons will include persons who assist in financing any of the transactions mentioned above.

7. Persons who have assisted in breaking any bunkering or other agreement made with the United States under or by virtue of the embargo law.

8. “Persons” is understood to mean individuals, firms, companies or corporations, regardless of nationality.

9. The words “to trade,” as used herein, shall be deemed to include:

(a) Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation;

(b) Draw, accept, pay, present for acceptance or payment, or indorse any negotiable instrument or chose in action;

(c) Enter into, carry on, complete or perform any contract, agreement or obligation;

(d) Buy or sell, trade in, deal with, exchange, transmit, transfer, assign, or otherwise dispose of, or receive any form of property;

(e) To have any form of business or commercial communication or intercourse with.

Lansing