740.00112 European War 1939/1082

The Secretary of State to the Consul General at Jerusalem (Wadsworth)

Sir: The Department has received your despatch no. 1201 of January 22, 1940,45 quoting a telegram forwarded by you under date of January 18, 1940 regarding the British Contraband Control Base and Prize Court in Palestine and containing supplementary information furnished you by the Attorney General for facilitating the release of goods which may be detained by the Contraband Control at Haifa.

In consonance with the position indicated in the Department’s telegram to you of January 23, 1940, and in order to avoid any possible implication that your transmission to the Department, at the suggestion of the Attorney General, of the information mentioned in the preceding paragraph constitutes acquiescence in the establishment of a British Contraband Control Base in Palestine, you are requested to inform the Attorney General that, in as much as this Government does not recognize the right of the British Government to establish a Naval Contraband Control in Palestine, it cannot, of course, give any recognition to any regulation or procedure adopted in connection with such control.

As you are no doubt aware, one of the practical consequences which would result from the recognition by this Government of the belligerent status of Palestine would be the application to that territory of the pertinent provisions of the Neutrality Act of 1939,45a including the prohibition of American vessels calling at Palestinian ports.

Very truly yours,

For the Secretary of State:
A. A. Berle, Jr.
  1. Not printed.
  2. 54 Stat. 4.