740.0011 European War 1939/2928

The Netherland Minister (Loudon) to the Secretary of State

No. 2422

Sir: Acting upon telegraphic instructions received from the Minister of Foreign Affairs at The Hague, through the intermediacy of the Netherlands Minister in London, I have the honor to inform Your Excellency that a state of war exists between the Netherlands and Germany.

I am further instructed to inform you that whatever the fate of the Netherlands in Europe might become, the Governor General of the Netherlands Indies as well as the Governors of Surinam and Curaçao are entirely competent and in a position to continue their administration as well as to maintain order within these territories and defend them against aggression from without and that therefore any foreign intervention will be rejected by the Netherlands Government.

The Netherlands Government would highly appreciate it if the United States Government would not take any measures by which commercial and financial intercourse would be cut off between the United States and those parts of the Kingdom of the Netherlands not occupied by Germany, and especially with the Netherlands Indies, Surinam and Curaçao, which territories, like the Netherlands territory situated in Europe according to the Netherlands constitutional law, constitute separate units of the Kingdom of the Netherlands. The occupation of a smaller or larger area of these units can therefore entail no legal consequences so far as the unoccupied parts of the Kingdom are concerned.

Measures have already been taken in the Overseas Territories of the Netherlands to insure that commercial and financial intercourse between these units and parts of the Netherlands in Europe which are occupied by Germany will be prohibited.

I am further requested to draw your attention to the Netherlands law concerning the transfer of the seat of companies with limited liability which law has already become operative and which is expected to be observed by all authorities, also the judicial authorities.

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Finally I am requested to notify you that the Netherlands diplomatic and consular agencies will continue to function normally in all countries except in Germany and in parts of foreign countries occupied by Germany even in case the whole territory of the Netherlands in Europe should be occupied. The Governments of the Netherlands Indies, of Surinam and of Curaçao are from now on authorized independently to issue instructions to Netherlands Ministers and consuls about matters concerning territories under their respective jurisdictions.

Please accept [etc.]

A. Loudon