Historical Documents - Office of the Historian

First. Under Section 5 of the Neutrality Act approved November 4, 1939 and regulations prescribed thereunder it is unlawful for American nationals to travel on vessels of France, Germany, Poland or the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa except as follows:

(a): American diplomatic and consular officers and their families, members of their staffs and their families and American military and naval officers and personnel and their families may travel on such vessels if the public service requires;
(b): Other American nationals may travel on such vessels outside the following described areas—on or over the North Atlantic Ocean north of 35 degrees north latitude and east of 66 degrees west longitude or on or over other waters adjacent to Europe or over the continent of Europe or adjacent islands;
(c): Other American nationals may travel on such vessels in the above-described areas if specifically authorized by the Secretary of State in individual cases.

Second. By regulations prescribed on November 17, 1939,70 the provisions of paragraph (c) above were amended to authorize, as indicated in paragraph Fifth of this telegram, the Passport Division of the Department and diplomatic and consular officers abroad to endorse, under certain conditions, American passports validating them for travel on belligerent vessels.

Third. Section 3 of the Neutrality Act provides that it shall be unlawful except under such rules and regulations as may be prescribed for any American national to proceed, either on belligerent or neutral vessels, into or through areas defined by Presidential proclamation as [Page 707] combat areas. By proclamation of November 4 the President defined a combat area as follows:

“All the navigable waters within the limits set forth hereafter. Beginning at the intersection of the North Coast of Spain with the meridian of 2 degrees 45 minutes longitude west of Greenwich; thence due north to a point in 43 degrees 54 minutes north latitude; thence by rhumb line to a point in 45 degrees 00 minutes north latitude; 20 degrees 00 minutes west longitude; thence due north to 58 degrees 00 minutes north latitude; thence by rhumb line to latitude 62 degrees north, longitude two degrees east; thence by rhumb line to latitude 60 degrees north, longitude 5 degrees east; thence due east to the mainland of Norway; thence along the coastline of Norway, Sweden, the Baltic Sea and dependent waters thereof, Germany, Denmark, the Netherlands, Belgium, France and Spain to the point of beginning.”

Fourth. The following regulations relating to travel of American nationals into or through combat areas were prescribed on November 6:

“Holders of American passports issued or validated subsequent to September 4, 1939 for travel in Europe are hereby permitted to proceed, in accordance with the authorizations and subject to the restrictions noted on such passports, into and through any such combat area, whether by surface vessels or aircraft, or both, until further regulation. Holders of American passports, whether or not so issued or validated, presently in the combat areas defined by the proclamation of the President of the United States dated November 4, 1939, are hereby permitted to proceed into and through such combat areas in connection with travel in accordance with the authorizations and subject to the restrictions noted on such passports, until further regulations.”

Fifth. The following supplemental regulations relating to travel into or through combat areas and also on belligerent vessels were prescribed on November 17, 1939:

1.

American nationals may not travel on any surface vessel or aircraft into or through any area which is or may be defined as a combat area unless they possess American passports which have been endorsed as valid as hereinafter provided for such travel by the Passport Division of the Department of State or an American Diplomatic or Consular officer abroad.

2.

Each such endorsement shall be restricted in validity to one specific journey into or through a combat area and shall not be valid for travel on a belligerent vessel unless transportation on a neutral vessel is not reasonably available.

3.

Endorsements valid for travel into or through a combat area may be placed on the passports of officers and employees of the United States, civil or military, and members of their families if the public service requires.

4.

Endorsements valid for travel into or through a combat area shall not be placed on the passports of other American nationals except in cases of imperative necessity and unless other routes of travel to destination are not reasonably available.

5.

These regulations are not applicable to the following American nationals who are hereby authorized, under the conditions stated, to travel into or through combat areas without being in possession of American passports endorsed as valid for such travel:

(a): Officers and enlisted personnel on board any vessels of the United States Navy or United States Coast Guard proceeding into or through combat areas under orders or in the course of duty.
(b): Officers and members of the crew of any American vessel which, by arrangement with the appropriate authorities of the Government of the United States, may be commissioned to proceed into or through a combat area in order to evacuate citizens of the United States who are in imminent danger to their lives as a result of combat operations incident to the present war.
(c): Officers and members of the crew of any American vessel proceeding into or through a combat area under charter or other direction and control of the American Red Cross and under safe conduct granted by belligerent states.
(d): Officers and members of the crew of any American vessel which in advance of a proclamation by the President defining any area as a combat area cleared and departed from an American or foreign port for a port or ports within the area so defined as a combat area; Provided, however, that the provisions of this subsection are limited to a current voyage so undertaken.”

Sixth. If it becomes necessary to redefine combat areas you will be advised of proclamations to that effect.

Seventh. In applying the above-mentioned regulations relating to travel in combat areas officers to whom passports are submitted for endorsement should be guided by the following statement of the President “It is intended by regulation to provide that ships and citizens who are now in combat areas may get out of them; and for the minimum of necessary, official, relief and other similar travel which must go on in such areas.” Travel of war correspondents which is necessarily incident to the performance of their duties should be facilitated as much as possible.

Eighth. Attention of American nationals should be called to the fact that those who travel into or through combat areas, or on belligerent vessels, contrary to prescribed regulations are subject to severe penalties in addition to the penalties imposed for using American passports in violation of restrictions contained in such passports or of the rules regulating their issuance.

Ninth. Every validating endorsement placed on a passport should be reported to the Department as an amendment on form 219.

Tenth. General instructions to Europe regarding the validation of all outstanding American passports will follow.

Eleventh. Please promptly repeat to Consulates by air mail.

Foreign Relations of the United States Diplomatic Papers, 1939, General, Volume I

The Acting Secretary of State to All American Missions and Consulates