740.00111A Armed Merchantmen/5
The Department of State to the Canadian Legation
Memorandum
Having reference to the aide-mémoire of September 26, 1939 which was left with the Counselor of the Department of State on that date by the Canadian Minister, the Department makes the following observations:
Vessels of Canadian nationality plying between Bermuda and Halifax, carrying arms, ammunition and implements of war, may stop at an American port en route without violating any of the laws or regulations governing the international traffic in arms and without being required to fulfill any special formalities by reason of their carrying such cargo, provided that the arms, ammunition and implements of war are not unloaded at an American port.
As a temporary measure and pending a definite fixation of policy concurrently with or following Congressional action on the pending neutrality bill, this Government will not treat as war vessels armed belligerent merchant vessels whose arms are intended and used solely for defense, but it should be understood that this condition is subject to change without obligation to give prior notice. The Government of the United States reserves the right to determine for itself, through collectors of customs or otherwise, whether individual armed vessels are to be considered as merchant vessels or vessels of war.