Page:United States Statutes at Large Volume 57 Part 2.djvu/557

 57 STAT.] GREAT BRITAIN-CRIMINAL OFFENSES, JURISDICTION-JULY 27, 1942 1193 Agreement between the United States of America and the United Kingdom July 27, 1942 of Great Britain and Northern Ireland respecting jurisdiction over [E. A. S. 355] criminal offenses committed by armed forces. Effected by exchange of notes signed at London July 27, 1942; effective August 6, 1942. The British Secretary of State for Foreign Affairs to the American Ambassador FOREIGN OFFICE, S.W. 1. No. W 10338/13/64. 27th July, 1942. YOUR EXCELLENCY, Following the discussions which have taken place between repre- authoritieso, etc. sentatives of our two Governments, His Majesty's Government in the United Kingdom are prepared, subject to the necessary Parliamentary authority, to give effect to the desire of the Government of the United States that the Service courts and authorities of the United States Forces should, during the continuance of the conflict against our com- mon enemies, exercise exclusive jurisdiction in respect of criminal offences which may be committed in the United Kingdom by members of those Forces, and they are ready to introduce in Parliament the necessary legislation for this purpose. 2. It is appreciated, however, that cases may arise where for partic- URiee t dortinogndom ular reasons the American authorities may prefer that their courts jisdiction iucertain should not exercise the above jurisdiction, and His Majesty's Govern- ment would accordingly propose that in any case in which a written communication to that effect is received from the Diplomatic Repre- sentative of the United States it should be open to the appropriate British authority to restore the jurisdiction of the courts of the United Kingdom to deal with that case. 3. In view of the very considerable departure which the above arrangements will involve from the traditional system and practice of the United Kingdom there are certain points upon which His Majesty's Government consider it indispensable first to reach an understanding with the United States Government. I have ac- cordingly the honour to invite Your Excellency to be so good as to lay the following enquiries and observations before your Government and to inform me of their attitude thereupon. 4. In the first place, the readiness of His Majesty's Government in -ssumignes'totr' the United Kingdom to agree to the exercise by United States Service Pd, on conviction- to courts of exclusive jurisdiction in respect of offences by members of their Forces is based upon the assumption that the United States Service authorities and courts concerned will be able and willing to try and, on conviction, to punish all criminal offences which members of

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