60 STAT.] UNITED KINGDOM-RECAPTURED VESSELS- JMa 7, 1945 June 15,1945 PART III. Definitions. 1. Throughout this Memorandum the term "territory" is used to include Colonies, protectorates and overseas territories or territories under suzerainty or mandate. 2. Throughout this Memorandum the term "vessels" is used in the widest sense to include all categories of merchant vessels, e.g. ocean going, coastal and inland craft, but some latitude may be necessary in the application of all its principles to inland craft. 3. Further, the term "vessels" includes merchant vessels which, though operating as naval auxiliaries when captured or found, were not so operating at the time when they fell into the hands of the enemy. Vessels which at the time when they fell into enemy hands were operating as naval auxiliaries are not covered by the proposals set out in this Memorandum. 4. If for any operation or series of operations there is a Supreme Commander-in-Chief, then he is for the purpose of this Memorandum the Commander-in-Chief. If, however, the Naval Command is separate from the Land Command, then for the purpose of this Memorandum the Naval Commander-in-Chief is the Commander-in- Chief as regards ocean going and coastal vessels and the Land Com- mander-in-Chief as regards all other vessels. The Acting Secretary of State to the British Ambassador DEPARTMENT OF STATE WASHINGTON June 15, 1945. EXCELLENCY: I have the honor to refer to your note of May 7, 1945 (reference 826/8/45) and to previous communications regarding the disposition to be made of vessels recaptured from the enemy in the European theater of operations and formerly belonging to one of the United Nations or to its nationals. With your note was enclosed a memo- randum entitled "Memorandum relating to the use and disposal of United Nations vessels captured or found in the course of operations for the liberation of Europe". In your note it is stated that His Majesty's Government in the United Kingdom understands that the Government of the United States of America is willing to apply the principles of that memoran- dum to vessels of all the United Nations on a reciprocal basis and, with this end in view, will enter into similar agreements with all other United Nations willing to do so, and will further take such steps as may be necessary to insure that claims in the nature of prize salvage will not be advanced in the United States courts against British vessels 1913 "Territory." "Vessels." "Vessels." Commander-in- Chief.
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