PART I
Instructions Concerning
Neutrality Duty in Connection with Visits
of
Belligerent Ships of War and Aircraft
April 20, 1939

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Contents of Part I

Chapter I. Visits by belligerent ships of war 1
  Neutrality proclamations 1
  Definitions 1
  Responsibility of the commandant 1
  Delegation of authority at commandant's discretion 1
  Commandant to make tentative arrangements in advance for reception of belligerent ships of war 2
  Situations not covered by these instructions 2
  Use of force authorized if absolutely necessary 2
  Arrival of belligerent ships of war 2
  Commandant to report arrival of belligerent ships of war to Secretary of the Navy 3
  Visit of welcome, by whom made 3
  Neutrality duty boarding visit, by whom made 3
  Employment of vessels of the Navy 3
  Quarantine regulations must be observed 4
  Letter of instructions 4
  Duty of officer making neutrality duty boarding visit--information to be obtained 4
  Determining amounts of supplies and repairs 5
  Notice to commanding officers of belligerent ships of war 5
  Failure to depart or violations of neutrality--recommendations as to internment 6
  Report of departure 6
Chapter II. Internment of belligerent ships of war 7
  Policy of the United States 7
  Internment 8
  Captured individuals 8
  Limits of internment 9
  Status of interned vessel in case of certain assurances by its government 9
  Requests for parole 9
  Conditions under which paroles may be granted 9
  Authority for granting paroles 10
  Breach of parole 10
  Form of parole 10
  Classes of interns 11
  Leave of absence 11
  Hospital privileges 11
  Officer responsible for safe custody of interned vessel and her officers and crew 12
  Correspondence 12
  Expenses 12
  Display of national ensign 12
  Internment under Army custody 12
Chapter III. Form letters to commanding officers of belligerent ships of war 13
  Letter of instructions (signed by commandant) 13
  Form for securing information 14
  Letter of instructions (signed by representative of the commandant) 15
  Letter advising of internment 16
Chapter IV. Belligerent aircraft 17
  Definitions pertaining to aircraft 17
  Applicability of these instructions to belligerent aircraft 17
  Aircraft for which the Navy is responsible 17
  Proclamation concerning neutrality in connection with aircraft 18
  Action in absence of proclamation 18
  Control of aircraft in flight 18
  Information to be furnished 18
  Belligerent aircraft, other than those for which the Navy is responsible, landing at naval air stations 18

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CHAPTER I. VISITS OF BELLIGERENT SHIPS OF WAR

Article 1. Neutrality Proclamations.

(a) In any war involving naval powers in which the United States is a neutral, the President of the United States may be expected to issue a neutrality proclamation which will contain provisions applicable to belligerent ships of war entering the jurisdiction of the United States.

(b) In deciding all questions concerning belligerent ships of war within the jurisdiction of the United States, officers performing neutrality duty shall be governed by the President's neutrality proclamation and other pertinent proclamations and executive orders, and instructions issued by the Secretary of the Navy. Texts of proclamations and executive orders pertaining to neutrality will be issued to the naval service by the Chief of Naval Operations, by the most rapid means available.

(c) In any case not covered by proclamations, executive orders, or instructions from the Secretary of the Navy, the officer concerned may refer the matter to the Secretary of the Navy for decision.

It is contemplated that these instructions will be put into effect, as prescribed in the letter of promulgation, when the proclamation referred to in (a) above is issued.

Article 2. Definitions.

(a) The term "ship of war," as used in these instructions, applies to any vessel operating under public control for hostile or military purposes.

(b) The term "commandant," as used in these instructions, means the commandant of a naval district, or the commandant of the Naval Station, Guantanamo Bay, Cuba; Tutuila, Samoa; and Guam; and, in any area not included in the foregoing, the officer designated by the Secretary of the Navy so to act.

Article 3. Responsibility of the Commandant.

(a) Whenever belligerent ships of war enter a port, harbor, or roadstead, or hover or anchor in waters under the jurisdiction of the United States, the commandant of the naval district or station, within the limits of which the vessel is located, shall assume complete charge of all matters in connection with their visit, and shall be responsible for enforcement of the neutrality of the United States in connection therewith. The commanding officer of the belligerent vessel, or the commander of the detachment or force, if there be more than one vessel, shall be informed promptly of this fact.

(b) It is expected that the neutrality proclamation for the Canal Zone will provide that the Governor of the Panama Canal shall be responsible for enforcing the neutrality of the United States in the Canal Zone and will direct that naval and military forces of the United States stationed in the Canal Zone furnish such assistance to the Governor as he may request for this purpose. In this event, naval forces stationed in the Canal Zone shall be governed accordingly.

Article 4. Delegation of Authority at Commandant's Discretion.

The commandant is the representative of the United States to insure the observance of our neutrality by belligerent ships of war within the jurisdiction of the United States and to carry out the provisions of these instructions in connection therewith. He is authorized, unless

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otherwise provided in these instructions, to delegate to a representative designated by him, whether before or after the internment of belligerent ships of war, any of the authority granted him by these instructions that, in his opinion, will facilitate administration, but he is responsible for the intelligent utilization of the authority so delegated.

Article 5. Commandant to Make Tentative Arrangements in Advance for Reception of Belligerent Ships of War.

(a) Each commandant shall, on receipt of these instructions, make arrangements at each of the ports within his district or area for the reception and treatment of visiting belligerent ships of war, so that in case of such visits those who will actually perform the duties in connection therewith may become familiar with these instructions and know what the government expects of them.

(b) In those ports where there are no naval representatives, arrangements should be made with department commanders of the Army and collectors of customs, by which the most convenient officers of the War Department or Treasury Department may be utilized to make neutrality duty boarding visits, serve on boards, obtain the information, and give the notices required by these instructions.

(c) Tentative arrangements should also be made for interning such vessels, should this become necessary. If considered more expedient for any port that the vessel or personnel be interned under custody of the Army authorities, arrangements to accomplish this should be made. See article 18 (d) and article 37.

(d) The arrangements mentioned above should be submitted to the Chief of Naval Operations for approval, and reference to the War Department, if necessary.

Article 6. Situations Not Covered by These Instructions.

In case of situations which are not covered by these instructions the commandant is authorized to act in accordance with their general spirit, or to refer the matter to the Secretary of the Navy for decision.

Article 7. Use of Force Authorized if Absolutely Necessary.

If force should be absolutely necessary to carry out any of the provisions of these instructions, the commandant is authorized to use it, but no more force than necessary to accomplish the purpose shall be used. In case of the failure of belligerent ships of war to leave the waters of the United States after due notice to depart, they shall not be expelled by force without specific authority from the Secretary of the Navy, but if they have remained beyond the time limit after notice to depart, they shall then be prevented by force, if necessary, from departing until their case has been acted upon by the Secretary of the Navy.

Article 8. Arrival of Belligerent Ships of War.

(a) Upon the arrival of one or more belligerent ships of war within waters under the jurisdiction of the United States, the senior officer present, ashore or afloat, shall immediately report the arrival to the commandant by urgent dispatch, information Secretary of the Navy.

(b) If a representative of the commandant is not present, or if requested by the commandant, the senior officer present, ashore or afloat, shall act as such representative. In this case, the report required in (a) above shall include the information listed in article 15, together with the recommendations in the premises of the senior officer present.

(c) The commandant shall arrange with department commanders of the Army and collectors of customs, in the absence of United States naval vessels or officers, to inform him by

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telephone or dispatch of the arrival of any belligerent ships of war at any place within their respective districts.

(d) The presence of any suspicious vessel anchoring or hovering in waters under the jurisdiction of the United States at a considerable distance from a port shall be similarly reported, giving all available information.

Article 9. Commandant to Report Arrival of Belligerent Ships of War to the Secretary of the Navy.

The commandant shall report to the Secretary of the Navy by urgent dispatch the arrival of any belligerent ships of war within his jurisdiction, giving complete information and what action the commandant has taken in regard thereto. He shall keep the Secretary of the Navy informed on matters of interest during the course of their visit.

Article 10. Visit of Welcome, by Whom Made.

The prescribed visits of welcome to foreign ships of war shall be made whether they are of belligerent nationality or not. The senior officer present shall send a boarding officer to perform this visit in accordance with the Navy Regulations.

Article 11. Neutrality Duty Boarding Visit, by Whom Made.

(a) The neutrality duty boarding visit shall, ordinarily, be made by an officer designated by the commandant. In the absence of such officer, or if requested by the commandant, the senior officer present afloat, if there are naval vessels in the vicinity, shall designate an officer under his command for such duty. In such case, the senior officer present afloat shall immediately report the result of the visit to the commandant, sending the boarding officer in person, if convenient, to make the report.(See art. 15.)The visit of welcome and the neutrality duty boarding visit may be combined when desirable.

(b) If there are no naval vessels in the vicinity at the time, the commandant shall send the most convenient officer available and suitable for the purpose to make the combined visit of welcome and neutrality duty boarding visit. He may utilize any officer of the Navy or Marine Corps on duty within the limits of his command (hydrographic duty, recruiting duty, etc., included).In case it is impracticable to send an officer of the Navy or Marine Corps to make this visit, the commandant shall request that the officer of the War Department or Treasury Department, previously designated as provided in article 5 (b), make the visit and furnish the information required in article 15.

Article 12. Employment of Vessels of the Navy.

(a) If the belligerent ship or ships are anchored at such distance from any port that it would be impracticable for the commandant to send an officer or board of officers to them directly, he shall send a suitable vessel to the locality to carry out such of these instructions as may be necessary. If no suitable vessel is at his disposal, he shall request the Chief of Naval Operations, or the senior officer present afloat as indicated in (b) below, to furnish him a vessel for the purpose. The commanding officer of such vessel shall report promptly to the commandant the information obtained (see art. 15), employing the quickest method of communication. As the representative of the commandant, he may convene the board provided for in article 16, should it be considered necessary. If this be done, he shall forward the report of the board to the commandant without delay.

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(b) In case there are vessels of the United States Navy, not under the orders of the commandant, in the vicinity of the anchorage of the belligerent ship of war, the senior officer present in such vessels, if requested to do so by the commandant, shall designate a vessel to act as contemplated in (a) of this article.

Article 13. Quarantine Regulations Must Be Observed.

(a) In making the welcoming and neutrality duty boarding visits, the usual formalities in regard to quarantine shall be observed. The commandant and the boarding officer shall cooper ate with the quarantine authorities with a view to expediting this duty.

(b) In case pratique is not granted by the quarantine authorities, the commandant shall permit communication with the shore by the belligerent vessel only upon the express permission of the quarantine officer and in accordance with these instructions. In case such a situation should arise, the commandant shall report the matter to the Secretary of the Navy by dispatch, together with the recommendation of the quarantine officer as to the probable duration of her quarantine, the advisability of transferring her sick to a hospital, and whether or not it is advisable for her to receive repairs or supplies while in quarantine.

Article 14. Letter of Instructions.

(a) The commandant, or his designated representative, shall prepare a letter of instructions addressed to the commanding officer of the belligerent vessel, or the commander of the detachment or force, if there be more than one vessel. (See form letters in ch. III of these instructions).

(b) The letter of instructions shall be delivered, if practicable, by the officer making the neutrality duty boarding visit. If this is not practicable, the commandant shall issue appropriate instructions to the officer making the boarding visit as to the delivery of the commandant's instructions to the commander of the vessel, detachment, or force.

Article 15. Duties of Officer Making Neutrality Duty Boarding Visit--Information To Be Obtained.

(a) The officer making a neutrality duty boarding visit shall deliver to the commanding officer of the belligerent vessel, or the commander of the detachment or force, if there be more than one vessel, the letter of instructions of the commandant or his representative, and shall secure from the commander of the vessel, detachment, or force the following information:

  1. Name, type, and nationality of each vessel;
  2. Name and rank, regular or reserve, of the commanding officer (or commanding officers);
  3. Owner of vessel. If the vessel is not government owned and operated, but comes under the definition of a ship of war (article 2), give complete information as to ownership, charter, and status of officers and crew.
  4. Hour, date, and place of arrival within the jurisdiction of the United States;
  5. Hour, date, and place desired to depart from the jurisdiction of the United States;
  6. Last previous port;
  7. Nature of service and purpose of visit;
  8. Port bound to.

(b) If fuel, lubricants, feed water, or provisions are desired, the commander of the belligerent vessel shall be required to furnish a written declaration, duly signed by such commander, stating:

  1. Date, port, and amounts of supplies last received within the jurisdiction of the United States;
  2. The amounts of fuel, lubricants, feed water, and provisions on board;

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  1. The port to which it is desired that the vessel proceed;
  2. The economical speed of the vessel;
  3. The rate of consumption of fuel, lubricants, and feed water at such speed;
  4. The amounts of fuel, lubricants, feed water, and provisions desired.

(c) If repairs are desired, a similar declaration shall be furnished stating the nature and cause of the damage and the exact nature of the repairs.

(d) In either case contemplated in (b) and (c) above, a certificate shall be included to the effect that the desired services are in accord with the rules and regulations of the United States in that behalf.

(e) If the commandant is not present, the information listed in article 15 (a), (b), (c), and (d) above shall be furnished the commandant by urgent dispatch, information Secretary of the Navy. If no repairs, fuel, lubricants, feed water, or provisions are required, a statement to that effect shall be included, omitting, in this case, the information contained in the declaration of the commander of the vessel.

(f) In any case, a full written report shall be submitted to the commandant.

(g) See article 38 (b) for blank form to be used in obtaining the required information, declaration, and certificate.

Article 16. Determining Amounts of Supplies and Repairs.

(a) The commandant shall make all decisions in regard to the amounts of supplies a belligerent ship of war may take on, and the nature of repairs she may make. Such decisions shall be based on the provisions of the President's neutrality proclamation and other proclamations and executive orders, and the instructions received from the Secretary of the Navy.

(b) If considered necessary, the commandant may convene a board of commissioned officers of the Navy, or, if this is impracticable, a board of such competent persons as may be available, for the purpose of recommending the amounts of supplies a belligerent ship of war may take on, or the nature of the repairs she may make. See article 12 (a) regarding commanding officers of naval vessels convening such boards.

(c) Reports of boards convened in accordance with this article, together with the action of the commandant thereon, shall be forwarded to the Secretary of the Navy without delay.

Article 17. Notice to Commanding Officers of Belligerent Ships of War.

(a) As soon as possible after the receipt of the information enumerated in article 15, should supplies or repairs be required by any belligerent ship of war, the commandant, or his designated representative, shall give written notice to her commanding officer, or to the commander of the detachment or force if there be more than one such vessel, of the amount of fuel, lubricants, feed water, and provisions that may be taken on board by each of the vessels and the exact nature of repairs that may be made to each of them.

(b) The commandant shall also inform the commanding officer of the belligerent vessel, or the commander of the detachment or force, of the time limit before the expiration of which the vessel or vessels in question must depart from the jurisdiction of the United States.

(c) In addition to a brief report by dispatch, the commandant shall send a copy of the report of the commander of the belligerent ship or ships as required in paragraphs 15(a), (b), and (c), and of his reply as required by paragraphs 17(a), and (b) to the Secretary of the Navy, when any supplies or repairs have been requested.

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Article 18. Failure to Depart or Violations of Neutrality--Recommendations as to Internment.

(a) If, for any reason, any belligerent ship of war fails to depart from the waters of the United States within the time limit or at the hour and date specified by the commandant, the commandant shall cancel the permission given her to sail, request of her commanding officer a statement of his reasons for failing to comply with the instructions given him, and report the matter to the Secretary of the Navy by urgent dispatch, together with a recommendation as to whether there are any circumstances which warrant an extension of the time in her case, or whether she should be interned. While awaiting action of the Secretary of the Navy, the commandant shall detain the belligerent vessel, using force if necessary. (See art. 7 of these instructions.)

(b) In case of any act in violation of the neutrality of the United States by any belligerent ship of war, or any of her officers, crew, or passengers, the commandant shall report all facts to the Secretary of the Navy with appropriate recommendations as to action to be taken as indicated under 1, 2, or 3 below:

If the act is committed by the vessel or by individuals on board her with the cognizance of the commanding officer thereof:

  1. Intern the vessel and her personnel; or

  2. Require the vessel to depart from the United States waters immediately, and deny her permission again to enter such waters during the continuance of the war.

    If the act is committed by one or more individuals away from the ship without the cognizance of the commanding officer thereof:

  3. Intern the individuals committing the act.

(c) In all cases where the commandant recommends the internment of a vessel he shall also recommend the most suitable place, within his jurisdiction, for her detention, and the amount of additional force, if any, which will be required properly to guard her and her personnel.(See Chapter II, Internment of Belligerent Ships of War).

(d) If considered more expedient for any port that the vessel or personnel be interned under custody of Army authorities, the commandant shall so recommend to the Secretary of the Navy, giving full details and whether or not such Army authorities have concurred in the recommended arrangements. See article 5 (c) and (d), and article 37.

Article 19. Report of Departures.

Reports of departures of belligerent ships of war shall be made the same as for arrivals as indicated in articles 8 and 9.

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CHAPTER II. INTERNMENT OF BELLIGERENT SHIPS OF WAR

Article 20. Policy of the United States.

(a) Conditions under which belligerent ships of war may be interned are set forth in article 18 of these instructions.

(b) When internment of a belligerent ship of war is decided upon, the policy of the United States in regard thereto shall be as indicated in this article.

(1) If the government to which the vessel belongs shall give its assurance that neither such vessel nor any member of her crew will attempt to leave the territory of the United States, or violate the neutrality thereof during the war in progress; and if that government shall authorize the officers to give their parole to that effect, and the commanding officer to give his parole for the enlisted men under his command; and, further, if the government to which the vessel belongs shall agree to cooperate with the United States in using all practicable means to apprehend, punish, and return to the custody of the United States any officer or member of the crew thus paroled who escapes;

(2) Then the Government of the United States will accept such assurances and paroles and will, after the officers and men have been paroled and after the vessel has been rendered incapable of again taking the sea, extend to such vessel, her officers, and crew the treatment which is usual in time of peace, reserving only such supervision as may be necessary to safe guard the neutrality of the United States;

(3) Provided that the right to revoke the above privileges at any time without notice and without assigning a cause, and to place in operation the rigorous methods of internment recognized by international law as legitimate, is reserved, such revocation to be considered in no sense an unfriendly act.

(c) (1) Officers charged with the maintenance of the neutrality of the United States and the custody of interned vessels and their personnel should bear constantly in mind that the United States, as a neutral, is bound, under its previous practice and under the treaties to which the United States is a party, to prevent the commission of any unneutral acts within the territory or waters under the jurisdiction of the United States, and in case belligerent ships of war are interned, to prevent such vessels and their personnel from again participating either directly or indirectly in the hostilities.

(2) The extent and rigor of the surveillance employed in accomplishing the above result is a matter within the discretion of the United States alone.

(3) While the use of rigorous methods of restriction on the interns cannot be considered by their government as unfriendly, neither can any opposing belligerent regard as unneutral the granting of the widest degree of freedom to them provided always that we fulfill our solemn obligation to prevent the vessels or the interned individuals from again participating either directly or indirectly in the hostilities.

(4) The interned individuals are the subjects of a friendly nation and are entitled to be treated as such; humanity and friendship alike require that their stay in this country shall be as agreeable as the peculiar circumstances of their visit permit.

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(5) Therefore, unless the conduct of such interned individuals should indicate that an abuse of our confidence has rendered further privileges unwarranted, such requests from the commanding officers of interned vessels as are not inconsistent with the best interests of the United States, and which are consistent with the performance of our paramount duty to detain the vessels and their personnel, should, if practicable, receive favorable consideration.

Article 21. Internment.

(a) On receipt of orders from the Secretary of the Navy to intern a belligerent ship of war, the commandant shall send a commissioned officer on board her to inform the commanding officer of such orders, and that in accordance therewith he will, on behalf of the United States, take the vessel over into the custody of the United States, and that the United States expects that the commanding officer will facilitate the execution of such measures as the United States may find necessary in order to render the vessel incapable of again taking the sea during the war. (See form letter in ch. III.)

(b) The commandant shall send the vessel under proper convoy to the place designated by the Secretary of the Navy as the place of internment, placing on board her, if considered necessary, a sufficient guard to insure her safe passage; assign a suitable place for mooring; disable her machinery so as to prevent her moving under her own power; disable her battery beyond possibility of its being used; remove all ammunition and small arms to a place of safety on shore, except such revolvers, with a reasonable amount of ammunition, as may be necessary for officers for disciplinary purposes, and disable or seal the radio and other signaling apparatus so as to prevent its being used. He shall also disable the vessel in such other manner as may be pre scribed by the Secretary of the Navy.

NOTE.--If the belligerent government owning the vessel will give to the United States certain assurances prescribed in article 24 following, it is the intention of this Government, after paroling the officers and crew, not to disable the vessel more than necessary to insure her inability to put to sea and not to place any unusual restrictions upon the personnel; this question to be taken up with the government of the belligerent at the time through diplomatic channels.

(c) If a belligerent vessel is interned at a place other than at a naval station, a United States vessel or other suitable guard should be selected to guard the interned vessel and her crew. If the vessel employed in connection with the belligerent's visit prior to internment is of material military value, such vessel should be relieved from this duty as soon as practicable by any vessel suitable for the purpose, or by a detention guard if the belligerent vessel is alongside a dock or the interns are quartered on shore. It is considered undesirable, as a general rule, to intern a belligerent vessel at a navy yard.

(d) In case the interned vessel is uninhabitable, or for any other reason not a suitable place for quartering the interns, the commandant shall report the fact to the Secretary of the Navy, together with recommendations as to what other vessel or what place on shore is proper and available for the purpose. If additional officers and men are required as a detention guard, he shall request that they be furnished him. If the crew is removed from the vessel, a sufficient number must be left on board to look out for the vessel.

(e) If, on internment, the crew of the vessel is in urgent need of succor, the commandant shall furnish such relief as humanity may require.

Article 22. Captured Individuals.

In case captured individuals are found on board a belligerent ship of war at the time of her internment, such individuals shall be set free.

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Article 23. Limits of Internment.

(a) The limits of internment shall be the limits of the vessel herself, if the crew are quartered on board; if the crew are quartered on shore, the limits of internment shall be the limits, or the immediate vicinity, of the buildings or camps occupied by the interns. Such limits shall be prescribed definitely by the commandant.

(b) No officer or man not under parole shall be permitted to leave the limits of internment. The commandant or other superior officer having charge of interned persons shall use all necessary means at his command to enforce this provision and to suppress riot or organized revolt among interns.

Article 24. Status of Interned Vessel in Case of Certain Assurances by Its Government.

(a) If the government of the interned vessel will give its official assurances to the Government of the United States that neither the vessel nor any member of the crew will attempt to leave the territory of the United States or violate the neutrality thereof during the continuance of the war in progress; that the officers are authorized to give their parole to that effect; that the commanding officer is authorized to give his parole for the enlisted personnel of his command; that in case of any violation thereof, if brought to its attention, the belligerent government will use all practicable means to apprehend, punish, and return to the custody of the United States any intern who escapes in violation of the parole as thus given, the United States will be justified in relying on these assurances and paroles, and granting, during good behavior, the privileges as herein enumerated.

(b) In case the assurances mentioned in the preceding paragraph are given by the home government of the interns: the vessel shall not be disabled more than necessary to insure her inability to put to sea; the organization of the vessel will be continued intact during the observance of parole by the interns; the commanding officer of the vessel will be permitted to exercise the authority granted him by the regulations of his own government to maintain order and discipline among the crew; and, subject to the good behavior of the interns and the provisions of these instructions, the status of the vessel will be the same as in times of peace.

(c) The Secretary of the Navy, when ordering the internment of a belligerent ship of war, will advise the commandant whether or not the government to which the vessel belongs has given the assurances contemplated by this article.

(d) The commandant of the district concerned will make appropriate recommendations relative to modifications of the procedure outlined above or other measures which are considered advisable in any specific case to prevent the commission of unneutral acts or to safeguard the interests of the United States.

Article 25. Requests for Parole.

If the commanding officer of the interned vessel desires the privilege of parole for himself or any of his command, he should make request therefor to the commandant. For limited paroles, the request shall show the name and rank (or rating) of the individuals, the limits desired, and the reason. For extended paroles within the limits of the United States, the request must be accompanied by a list of the commissioned officers and other members of his crew, with their full names and ranks or ratings, for whom parole is desired and for whom parole is not desired.

Article 26. Conditions Under Which Paroles May Be Granted.

(a) None but commissioned officers will be permitted to give parole. For all other interns, the commanding officer of the interned vessel, if he desires parole for them, must give parole on their behalf.

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(b) No officer can be compelled to give parole either for himself or any other intern.

(c) In no case will parole be accepted for any intern who is prohibited by the regulations of his own government from giving it.

(d) In case the commanding officer of the interned vessel disapproves the giving of parole by any member of his command, such member will not be permitted to leave the limits of internment, as prescribed in article 23 above.

Article 27. Authority for Granting Paroles.

(a) Extended paroles effective within the limits of the United States shall be granted only upon specific authority of the Secretary of the Navy. Requests for such paroles shall be forwarded to the Secretary of the Navy by the commandant with, his recommendations in the premises.

(b) The commandant is authorized to accept, within his discretion, without reference to the Secretary of the Navy, a limited parole within the limits of his command for any intern in accordance with the instructions contained in article 26, whenever he may consider it necessary for the health and comfort of the interns. The general form of the parole given in article 29 shall be followed. It shall contain, in addition to the promises contained in article 29, the purpose for which granted and the limits for which it is effective

(c) Under no circumstances shall any intern be permitted to return to his own country without the consent of the opposing belligerent. Such requests must be accompanied by reasons therefor. They shall be forwarded to the Secretary of the Navy and will be taken up through diplomatic channels with the governments concerned.

Article 28. Breach of Parole.

In case of breach of parole by an intern or interns, the commandant shall report to the Secretary of the Navy the names and ranks or ratings of such offenders, together with the attendant circumstances and recommendations. Pending action in the matter, the rest of that class, in accordance with the classification given in article 30 following, shall be restricted to the limits of internment, as prescribed in article 23.

Article 29. Form of parole.

(a) The following form of parole is prescribed for each commissioned officer, including the commanding officer, desiring parole, to be signed by such officer with the approval of the commanding officer:

I hereby state that there is no regulation issued by the government of my own country which prohibits my giving this parole, and I do hereby promise that I will strictly observe, during the present war, the neutrality of of the United States, as defined by the proclamation of the President thereof, of the______ day of_____________ of the year________________, and that I will not leave the limits of parole, as herein prescribed, without special permission from the President of the United States or his duly authorized agent; nor will I visit, without special permission from the commandant, the buildings or territory forbidden by him.

(b) To the commanding officer's parole shall be added the following:

I do further promise that I will adequately punish, or recommend to my superior officer for punishment, or surrender to the United States authorities, if requested, any officer or enlisted man under my command violating the terms of his parole.

(c) The following form of parole is prescribed for the commanding officer on behalf of all members of his command, except commissioned officers, desiring parole:

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I hereby state that there is no regulation issued by the government of my own country which prohibits my giving this parole, and I do hereby promise, on behalf of all members of my command herein listed, other than commissioned officers, that they will each and all strictly observe, during the present war, the neutrality of the United States, as defined by the proclamation of the President thereof, of the___ day of______________ of the year_________ , and that they will not leave the limits of parole as herein prescribed, without special permission from the President of the United States or his duly authorized agent; nor will they visit, without special permission from the commandant, the buildings or territory forbidden by him.

(d) The commandant shall insert on all paroles the limits for which each shall be effective and, in the case of limited paroles, the purpose for which granted.

(e) The commandant shall prescribe such additional restrictions in regard to visiting public buildings or territory within the prescribed limits which, in his opinion, should not be visited by interns.

(f) All paroles shall be signed in triplicate, one copy to be retained by the commandant and two to be sent to the Secretary of the Navy, one of which will be forwarded to the government of the interns.

Article 30. Classes of Interns.

For the purpose of granting privileges to interns on parole, the following classes are established:

Article 31. Leave of Absence.

(a) The commandant is authorized to prescribe the conditions under which the commanding officer of the interned vessel may grant leave, within the limits prescribed in their paroles, to the members of his command who have been paroled.

(b) While it is intended by the preceding article to allow the interns the widest latitude consistent with the terms of then" parole, yet nothing contained therein shall be construed as in any degree restricting the right of the commandant to have interns mustered by the officers under his command, or limiting his authority to withdraw privileges or restrict the interns individually, by classes, or as a body, if, in his opinion, the neutrality of the United States is being either directly or indirectly violated, or if for any reason it becomes desk-able to do so. In fact, it is his duty to do this if he has reason to believe that the privileges granted are being in any way abused.

Article 32. Hospital Privileges.

(a) At the request of the commanding officer of the interned vessel, sick or wounded may be transferred to a United States naval hospital for treatment, or, with the approval of the hospital authorities concerned, to hospitals of other government agencies. While within such hospital interns will be subject to the hospital regulations.

(b) Before being transferred to a hospital, a parole including the limits of the hospital shall be required of the individual or commanding officer as previously prescribed, provided the regulations of the government of the intern do not prohibit it.

(c) If the regulations of the government of the intern do prohibit the execution of paroles by such interns, the commandant is authorized, in case of necessity, to prescribe as the limits of internment such parts of the hospital as may be necessary. In this case, adequate guards shall be provided at the hospital.

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Article 33. Officer Responsible for Safe Custody of Interned Vessel and Her Officers and Crew.

The commanding officer of the United States vessel, or the detention guard in immediate charge of the supervision of the interned vessel, is responsible to the commandant for the safe custody of the ship and the interns. Article 34. Correspondence.

All official correspondence from the interned vessel to the officials of the United States should be addressed to the commandant, or his designated representative.

Article 35. Expenses.

(a) All expenses incident to guardingthe interned vessel and her personnel will be borne by the United States, and no charge will be made for the personal services of members of the naval service, including those of the medical corps, attending sick or wounded interns while in a naval hospital. All other expenses, including those of food, clothing, transportation, etc., will be borne by the belligerent; but if for any reason the commanding officer of the interned vessel should be unable to defray these expenses, payment thereof shall, upon approval by the commandant, be made by a disbursing officer of the Navy designated by the Commandant, and charged to the appropriation "Contingent, Navy."

(b) No expenses for which it is intended the government of the interns shall reimburse the Government of the United States shall be made without the knowledge and approval of the commanding officer of the interned vessel.

(c) An account covering the expenditures referred to in (b) above shall be prepared in duplicate and, after being properly certified as correct by the commanding officer of the interned vessel, shall be forwarded to the Secretary of the Navy for submission to the belligerent government for reimbursement.

(d) An accurate account of all expenditures made under authority of this article shall be kept in accordance with such instructions as may be issued by the Secretary of the Navy (Bureau of Supplies and Accounts).

Article 36. Display of National Ensign.

An interned ship of war shall be permitted to fly her national colors. Article 37. Internment Under Army Custody.

If the Secretary of the Navy authorizes internment of a belligerent ship of war or personnel under custody of Army authorities, in accordance with article 18 (d), the commandant shall furnish such Army authorities full information in writing and shall obtain a receipt for the vessel and personnel so delivered.

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CHAPTER III. FORM LETTERS TO COMMANDING OFFICERS OF BELLIGERENT SHIPS OF WAR

Article 38. Letter of Instructions (Signed by the Commandant).

(a) The following form letter is given as a guide to commandants in issuing instructions to commanding officers of belligerent ships of war upon arrival. Should more than one such vessel arrive, the letter should be addressed to the commander of the force or detachment, and appropriate changes should be made in the text:

____________________________          
____________________________      
____________________________

Commanding Officer,

____________________________

SIR:I have the honor to inform you that by direction of the Secretary of the Navy I am charged with all matters relating to belligerent ships of war while within the jurisdictional limits of this naval district. (Commandants other than those of naval districts will substitute "station" or "district".) (See art. 39 for changes in this paragraph when letter is signed by a representative of the commandant.)

I enclose for your information a copy of the President's proclamation of neutrality. (If copies of other proclamations and executive orders are enclosed add "and copies of other pertinent proclamations and executive orders".)

The Government of the United States expects that while your vessel is within the jurisdiction of the United States:

1. You will comply with the provisions of the President's proclamation of neutrality and of all other proclamations and executive orders of which copies have been furnished you, and will insure that all persons under your command likewise comply with them.

2. You will not permit to be taken on board your vessel stores or materials of any kind without my permission, regardless of the length of your stay.

3. You will not permit any repairs whatsoever to be made to your vessel or to any aircraft attached thereto without my permission.

4. You will not permit your vessel, while within the waters of the United States to transfer any of her personnel, stores, or materials to another vessel without my permission.

5. You will not depart nor permit your vessel or any of the personnel on board thereof to depart from the jurisdiction of the United States without my permission.

6. You will not permit any person whatsoever, who was not present on board your vessel when she arrived within the jurisdiction of the United States, to leave the jurisdiction of the United States on board your vessel without my permission.

7. You will not permit the use of any radio or signal apparatus on board your vessel, except as provided in the President's proclamation (proclamations) (and executive orders).

8. You will not permit any aircraft attached to your vessel to be assembled, hoisted out, or flown, nor permit any aircraft to be taken on board.

It is desired that all requests in connection with the foregoing items, and similar matters, be submitted to me in writing. Such requests should be accompanied by complete information, as indicated in the form hereto attached, necessary for making a decision in the premises in accordance with the neutrality proclamation (proclamations) (and executive orders) of the President of the United States. Action by you shall be withheld until receipt of authorization from me. Such authorization shall be in writing unless, exceptionally, it is transmitted to you by official dispatch. In either case, the authorization shall be over my signature.

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Should the vessel under your command or any of her officers, crew, or passengers commit any act in violation of the neutrality of the United States, the action mentioned under 1, 2, or 3 below, as the circumstances may demand, will be taken by the United States:

If the act is committed by the vessel herself, or by individuals on board her with the cognizance of the commanding officer thereof:

1. Intern the vessel and her personnel; or

2. Require the vessel to depart from United States waters immediately, in which case she will be denied permission again to enter such waters during the continuance of the war.

If the act is committed by one or more individuals away from the ship without the cognizance of the commanding officer thereof:

3. Intern the individuals committing theact.

Respectfully,

_____________________________
____________________, U.S. Navy.

Commandant____________________________

(b) The following form may be used in connection with above letter or otherwise as appropriate in obtaining the information, declaration, and certificate required by article 15 of these instructions:

____________________________          
____________________________      
____________________________

PART A

(1) Name of vessel___________________________, type_______________________________________,
Nationality____________________________

(2) Name of commanding officer_______________________________________________________________, rank___________________________, regular or reserve________________________________________

(3) Owner of vessel__________________________________________________________________________;

(If the vessel is not government-owned and operated, but comes under the definition of a ship of war, give, under remarks, complete information as to ownership, charter, and status of officers and crew.)

(4) Arrival within the jurisdiction of the United States; hour____________, date__________________, place___________________.

(5) Desired departure from the jurisdiction of the United States; hour_____________, date_________________, place ________________

(6) Last previous port_____________________________________________________________________

(7) Nature of Service______________________________________________________________________, purpose of visit__________________________________________________________________________.

(8) Port bound to__________________________________________________________________________

(9) Remarks_______________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

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PART B.FILL OUT IF SUPPLIES ARE DESIRED

(1) Supplies last received within jurisdiction of the United States; date________________, port_________ _________, fuel_________________, lubricants________________, feed water__________________, Provisions__________________

(2) Supplies on board; fuel__________________, lubricants__________________, feed water___________________, provisions_________________

(3) Port to which it is desired that the vessel proceed_____________________________________________

(4) Economical speed of the vessel___________________________________________________________

(5) Rate of consumption at such speed; fuel____________________, lubricants___________________, feed water_____________________

(6) Supplies desired; fuel____________________, lubricants_______________, feed water______________,

Provisions__________________________________________________________________________

PART C. FILL OUT IF REPAIRS ARE DESIRED

(1) Nature of damage_____________________________________________________________________

(2) Cause of damage_____________________________________________________________________

(3) Exact nature of repairs desired___________________________________________________________

PART D. FILL OUT IF SUPPLIES OR REPAIRS ARE DESIRED

I,_______________________________, hereby certify that the desired services as listed above are in accord with the rules and regulations of the United States as prescribed in the proclamations and executive orders copies of which have been furnished me.

________________________________________________
(Signature)

_________________________________________
(Rank)

Commanding________________________________

Article 39. Letter of Instructions (Signed by Representative of the Commandant).

When the letter of instructions set forth in article 38 is to be signed by a representative of the commandant, indicated paragraphs thereof should be modified as follows:

I have the honor to inform you that by direction of the Secretary of the Navy the commandant of the (______________________________________ naval district) (naval station at____________________________) is charged with all matters relating to belligerent ships of war while within the jurisdictional limits of that (naval district) (naval station). The commandant has designated me as his representative in connection with the visit of your vessel.

It is desired that all requests in connection with the foregoing items, and other similar matters, be submitted to me in writing. Such requests should be accompanied by complete information, as indicated in form hereto attached, necessary for the commandant to make a decision in the premises in accordance with the neutrality proclamation (proclamations) (and executive orders) of the President of the United States. Action by you shall be withheld until receipt of written authorization in accordance with the decision of the commandant. Such authorization may, exceptionally, be transmitted to you by official dispatch. In either case, the authorization shall be over my signature.

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Article 40. Letter Advising of Internment.

The following form letter is given as a guide to commandants in advising a commanding officer that his vessel is to be interned. Appropriate changes shall be made if the letter is addressed to the commander of a detachment or force:

____________________________,
____________________________,
____________________________

Commanding Officer,

____________________________

SIR: I have the honor to inform you that I have been directed by the Secretary of the Navy to intern the vessel under your command, together with her officers and crew. The Government of the United States expects that you will facilitate the execution of such measures as may be found necessary to render the vessel under your command incapable of again putting to sea during the war.

____________________________, United States Navy, will represent me for the time being.

I forward herewith copies of the instructions regarding internment for your information and guidance. I shall be pleased to be of any service to yourself, your officers, and crew. Respectfully,

____________________________,
____________________________U.S. Navy,

Commandant____________________________

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CHAPTER IV. BELLIGERENT AIRCRAFT

Article 41. Definitions Pertaining to Aircraft.

Terms, as used in these instructions, are hereby defined as follows:

(a) "Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air;

(b) "Public aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any State, Territory, or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes;

(c) "Civil aircraft" means an aircraft other than a public aircraft;

(d) "Military aircraft" means any aircraft commanded by a person in military service detailed for the purpose, or any other aircraft engaging in or intended to engage in any warlike operation or service.

(e) "Nonmilitary aircraft" means any aircraft other than a military aircraft;

(f) "Foreign air transportation" means the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft, in commerce between a place in the United States and any place outside thereof, whether such commerce moves wholly by aircraft or partly by other forms of transportation.

Article 42. Applicability of These Instructions to Belligerent Aircraft.

The provisions of chapters I, II, and III of these instructions shall apply to belligerent aircraft for which the Navy is responsible in accordance with article 43 below, with such modifications as the nature of aircraft and instructions from the Secretary of Navy require.

Article 43. Aircraft for Which the Navy Is Responsible.

(a) It may be expected that an executive order will be issued fixing responsibility among the various departments and agencies of the United States Government for the enforcement of neutrality in connection with aircraft. It is contemplated that this executive order will make the Navy responsible for enforcing neutrality in connection with belligerent public aircraft which land at naval air stations or in waters under the jurisdiction of the United States, and, to the extent necessary and practicable, in connection with such aircraft while in flight en route so to land under authority granted by the United States.

(b) In the absence of such an executive order, the Secretary of the Navy, as indicated in the letter of promulgation of these instructions, will indicate the categories of aircraft for which the Navy shall have such responsibility.

Article 44. Proclamation Concerning Neutrality in Connection With Aircraft.

(a) The President may or may not issue initially a proclamation concerning neutrality in connection with aircraft, and prescribing regulations in connection therewith. The issuance of such a proclamation will largely depend upon the probability of the entry of belligerent aircraft into the jurisdiction of the United States.

(b) When such a proclamation is issued, the provisions thereof shall govern in deciding all questions pertaining to belligerent aircraft entering the jurisdiction of the United States.

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Article 45. Action in Absence of Proclamation.

(a) In the absence of a proclamation concerning aircraft, or instructions from the Secretary of the Navy, all belligerent aircraft, for which the Navy is responsible as indicated in article 43, landing within the jurisdiction of the United States, shall be held by the senior officer present and a full report (art. 47) made by urgent dispatch to the Secretary of the Navy requesting instructions, information the commandant concerned. Also see articles 46 and 48.

(b) The Secretary of the Navy will issue instructions in the premises upon receipt of the foregoing information.

Article 46. Control of Aircraft in Flight.

While it is expected, as indicated in article 43 (a), that the Navy will be responsible for enforcing neutrality in connection with certain categories of belligerent aircraft while in flight within the jurisdiction of the United States, it is not contemplated that it will be necessary to establish ground observation posts or air patrols, or to meet or escort such aircraft. Such measures, if necessary in an emergency, will be initiated by the senior officer present, but the general application of such measures will be initiated only on orders of the Chief of Naval Operations.

Article 47. Information To Be Furnished.

(a) The information to be furnished in regard to aircraft, in lieu of that prescribed in article 15 (a), shall be as follows:

(1) Number and type of aircraft;

(2) Nation in which registered;

(3) Classification as to military or nonmilitary;

(4) Classification as to public or civil; if public, the government agency to which it belongs and whether or not the flight has been authorized by the United States (Secretary of State); if civil, the name, address, and nationality of the owner;

(5) Whether or not engaged in foreign air transportation; and, if so, whether or not there is in force a permit from the Civil Aeronautics Authority so to engage;

(6) The name, nationality, rank (if any), and the status as to civil or military of the person in charge or command;

(7) Point of origin of the flight, itinerary, and ultimate destination;

(8) Hour, date, and place of arrival within the jurisdiction of the United States;

(9) Hour, date, and place desired to depart from the jurisdiction of the United States, with route and any further landing points;

(b) The provisions of article 15 (b), (c), (d), (e), and (f) apply to aircraft, omitting provisions concerning feed water.

Article 48. Belligerent Aircraft, Other Than Those for Which the Navy is Responsible, Landing at Naval Air Stations.

If belligerent aircraft, other than those for which the Navy is responsible, land at naval air stations, the senior officer present shall request instructions from the Secretary of the Navy by urgent dispatch, information the commandant concerned. Full information shall be given for transmission to the department or agency of the United States Government having jurisdiction over the aircraft. Pending receipt of instructions, such aircraft shall be held by the senior officer present.

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