File No. 763.72111/4148½
The Minister in Norway (Schmedeman) to the Secretary of State
[Received October 18, 9.30 a. m.]
79 [89] Department’s circular instruction October 10, 1 p. m.2 Minister for Foreign Affairs informs me that reply to Entente Allies’ note of August last, concerning belligerent submarine boats in neutral waters, will soon be made. He would give me no information as to the probable tenor of Norwegian Government’s reply, but promised to communicate it to me in due course. He feels the question of entry of belligerent merchant submarine boats into Norwegian waters being as yet purely hypothetical, Norwegian Government has taken no position on this subject. Belligerent war submarine boats have up to the present been regarded by Norwegian Government as subject to general principles of international law concerning belligerent naval vessels in neutral waters; but I am now in receipt of note verbale from Foreign Office dated 13th instant communicating text of Royal decree of that date concerning entry of belligerent war submarines into Norwegian waters of which translation follows:
Article 1. War submarines belonging to belligerent powers are forbidden to navigate or sojourn in the territorial waters of Norway. If they violate this [Page 778] prohibition, they expose themselves to attack by force of arms without previous notice.
Notwithstanding this prohibition, any submarine may penetrate into Norwegian waters in order to save human lives in case of damage, or in consequence of the state of the sea, on condition, nevertheless, that while in these waters it remain on the surface and carry the flag of its nationality and the international signal indicating the reason for its entry into the prohibited waters. It shall leave these waters immediately upon the cessation of the cause which justified its entry into the prohibited waters.
It is likewise forbidden to submarines other than those mentioned to enter or navigate in Norwegian territorial waters except by day and in clear weather remaining on the surface and carrying their national flag.
Foreign submarines navigating in Norwegian waters must by reason of the difficulty of distinguishing different classes of submarines themselves bear all risk of damage and even of destruction that may result from confusion concerning the character of the vessel.
Article 2. The above-mentioned regulations shall take effect October 20, 1916.