stipulations set forth in lettered paragraphs (a), (b), and (c) above. Accept, Sir, the renewed assurances of my highest consideration. I have the honour to refer to Mr. Welles' note dated 31st March 1942, to my predecessor regarding the readiness of the United States Government to initiate a procedure which will permit aliens who have registered under the Selective Training and Service Act of 1940, as amended, who are nationals of co-belligerent countries and who have not declared their intention of becoming American citizens, to elect to serve in the forces of their respective countries, in lieu of service in the armed forces of the United States, at any time prior to their induction into the armed forces of the United States. I am instructed by my Government to inform you that it desires to avail itself of the procedure set out and to give you the following assurances— (a) No threat or compulsion of any nature will be exercised by the Australian Government to induce any person in the United States to enlist in the forces of any foreign Government. (b) Reciprocal treatment will be granted to American citizens by the Australian Government; that is, prior to induction in the armed forces of Australia they will be granted the opportunity of electing to serve in the armed services of the United States. Furthermore, all American citizens serving in the Australian forces, or former American citizens who have lost their American citizenship by joining these forces and are still serving in them, will be informed that they may transfer to the United States forces if they so desire, and if they are acceptable to the United States forces. (c) No enlistments will be accepted in the United States by the Australian Government of American citizens subject to registration or of aliens of any nationality who have declared their intention of becoming American citizens and are subject to registration. My Government proposes, when the procedure comes into effect, that American citizens who are to be released from service in the Australian forces should be handed over to the United States service authorities there for re-enlistment. I should be glad to learn what machinery it is proposed to set up to give effect to the above-mentioned arrangement. I have the honour to be, with the highest consideration, Sir, Your obedient servant, OWEN DIXON The Honourable CORDELL HULL, Secretary of State of the United States, Washington, D.C. The Secretary of State to the Australian Minister DEPARTMENT OF STATE WASHINGTON September 16, 1942 SIR: I have the honor to refer to your note no. 201/42 of July 17, 1942, in which you express the desire of your Government to participate in the arrangement concerning the service of nationals of one country in the armed. forces of the other country. I take pleasure in informing you that the appropriate authorities of this Government consider your note under reference to contain satisfactory assurances and that, accordingly, the arrangement with the Australian Government is considered as having become effective on July 18, 1942, the date on which your note was received in the Department. The War Department, however, states that this Government will probably be able to accept those nondeclarant citizens of the United States residing in Australia only for service in the United States forces serving in Australia or vicinity. Major Sherrow G. Parker, of the National Headquarters, Selective Service System, and Brigadier General Guy W. [V.] Henry, of the Inter-Allied Personnel Board of the War Department, will be available to discuss with the Australian Legation the necessary details pertaining to the arrangement. The Selective Service System has indicated that it assumes that all arrangements relating to the matter will be identical with those now in effect for Canada, which are detailed in a memorandum (I-422), a copy of which is enclosed.3 * Not printed here. Accept, Sir, the renewed assurances of my highest consideration. I have the honor to refer to the arrangement between Australia and the United States concerning the services of nationals of one country in the armed forces of the other country, and to inform you that the War Department is prepared to discharge, for the purpose of transferring to the armed forces of their own country, nondeclarant Australian nationals now serving in the United States forces who have not heretofore had an opportunity of electing to serve in the forces of their own country, under the same conditions existing for the transfer of American citizens from the Australian forces. The Inter-Allied Personnel Board of the War Department, which is headed by Major General Guy V. Henry, is prepared to make the necessary arrangements for the contemplated transfers, and to discuss matters related thereto. In the case of a person serving outside the United States, however, the commanding officer of the theater of operations in which he may be serving is the proper authority to arrange the release. Accept, Sir, the renewed assurances of my highest consideration. For the Secretary of State: The Honorable Sir OWEN DIXON, K.C.M.G., Minister of Australia. BRECKINRIDGE LONG SIR: JURISDICTION OVER PRIZES Exchange of notes at Canberra November 10, 1942, and May 10, 1944 Applicable only during World War II 58 Stat. 1390; Executive Agreement Series 417 The American Minister to the Minister of State for External Affairs LEGATION OF THE UNITED STATES OF AMERICA Canberra, A.C.T. I have the honor to refer to my note of February 19, 1942 and to the reply of May 29 of the then Acting Minister for External Affairs, the Right Honorable John Curtin, relating to the question of changing the present procedure with respect to prizes taken by the United States naval forces in foreign waters remote from ports of the United States. I am now in receipt of instructions from the Department of State amplifying the information contained in my note of February 19. Public Law 704-77th Congress, an Act to facilitate the disposition of prizes captured by the United States during the present war, and for other purposes was approved on August 18, 1942.1 A copy of the Act is enclosed. It will be perceived that the Act relates only to prizes captured during the present war, a matter raised in the note from the Acting Minister for External Affairs. It may be added concerning the other matter inquired about that the special prize commissioners which the district courts of the United States are authorized to appoint may exercise abroad the duties which are prescribed by law for such commissioners and such additional duties as the district courts may confer on them for carrying out the purposes of the Act. The duties of prize commissioners are set out in Title 34 U.S.C. Section 1138 which reads as follows: "S1138. Duties of prize commissioners. The prize commissioners, or one of them, shall receive from the prize master the documents and papers, and 156 Stat. 746. 219-919-70——12 inventory thereof, and shall take the affidavit of the prize master required by section 1134 of this title, and shall forthwith take the testimony of the witnesses sent in, separate from each other, on interrogatories prescribed by the court, in the manner usual in prize courts; and the witnesses shall not be permitted to see the interrogatories, documents, or papers, or to consult with counsel, or with any persons interested without special authority from the court; and witnesses who have the rights of neutrals shall be discharged as soon as practicable. The prize commissioners shall also take depositions de bene esse of the prize crew and others, at the request of the district attorney, on interrogatories prescribed by the court. They shall also, as soon as any prize property comes within the district for adjudication, examine the same, and make an inventory thereof, founded on an actual examination, and report to the court whether any part of it is in a condition requiring immediate sale for the interests of all parties, and notify the district attorney thereof; and if it be necessary to the examination or making of the inventory that the cargo be unladen, they shall apply to the court for an order to the marshal to unlade the same, and shall, from time to time, report to the court anything relating to the condition of the property, or its custody or disposal, which may require any action by the court, but the custody of the property shall be in the marshal only. They shall also seasonably return into court, sealed and secured from inspection, the documents and papers which shall come to their hands, duly scheduled and numbered, and the other preparatory evidence, and the evidence taken de bene esse, and their own inventory of the prize property; and if the captured vessel, or any of its cargo or stores, are such as in their judgment may be useful to the United States in war, they shall report the same to the Secretary of the Navy." It will be noted that according to the terms of Section 3 of the abovementioned Public Law 704 "the jurisdiction of prizes brought into the territorial waters of a cobelligerent shall not be exercised under authority of this Act nor shall prizes be taken or appropriated within such territorial waters for the use of the United States unless the Government having jurisdiction over such territorial waters consents to the exercise of such jurisdiction or to such taking or appropriation." Section 7 of that Act states: "A cobelligerent of the United States which consents to the exercise of the jurisdiction herein conferred with respect to prizes of the United States brought into its territorial waters and to the taking or appropriation of such prizes within its territorial waters for the use of the United States shall be accorded, upon proclamation by the President of the United States,2 like privileges with respect to prizes captured under authority of such cobelligerent and brought into the territorial waters of the United States or taken or appropriated in the territorial waters of the United States for the use * For text of proclamation dated Aug. 12, 1944, see 58 Stat. 1146. |