811.203/422: Telegram

The Secretary of State to the Ambassador in the United Kingdom ( Winant )

2353. Your despatch no. 14273, March 6.55 You are requested to reply to the Foreign Office note of February 29, 194456 that this Government accepts the limitations and conditions contained in the note and in the Annex thereto as applicable to the claims arising out of acts of personnel of the armed forces of the United States in line of duty which the British Government has agreed to accept for settlement and payment, such payment to be credited to reciprocal aid. For its part this Government agrees to settle and pay under Lend-Lease, on a reciprocal basis, claims arising out of acts of members of the armed forces of Great Britain in the United States in line of duty.

With respect to paragraph 7 of the Foreign Office note57 concerning the reopening of claims in which payment has been denied by the United States Claims Commission, the War Department has been informed by La Rue Brown that the number of such claims which the British authorities desire to reopen is very small. In as much as the War Department has agreed to this provision with reluctance, it is hoped that every effort will be made not to extend the number of such cases.

Paragraph 6 of the Annex suggests that the United States authorities will supply “a retainer to the Treasury Solicitor.” It is assumed that “retainer” is here used in the sense of power of attorney. This clarification is suggested since “retainer” is commonly used in the United States to describe the fee paid to an attorney for retention of his services.

[Page 139]

Paragraph 11 of the Annex is to be understood as a waiver by this Government only of claims in its own behalf, but not as a waiver of claims of its nationals in their own right on account of property losses, personal injuries, or death.

Paragraph 16 of the Annex is agreed to in principle, but decisions as to the carrying out of the undertaking will have to be made by United States Army and Navy authorities in London.

You will be advised when the procedure for processing claims against members of the armed forces of Great Britain in the United States has been worked out.

Hull
  1. Not printed.
  2. For text of note and Ambassador Winant’s reply of March 28, see Department of State Treaties and Other International Acts Series No. 1602.
  3. See footnote 53, p. 136.