Page:United States Statutes at Large Volume 57 Part 2.djvu/558

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [57 STAT. the United States Forces may be alleged on sufficient evidence to have committed in the United Kingdom, and that the United States au- thorities are agreeable in principle to investigate and deal with ap- propriately any alleged criminal offence committed by members of the United States Forces in the United Kingdom which may be brought to their notice by the competent British authorities, or which the Ameri- can authorities may find to have taken place. eTrialin open curt, 5. Secondly, His Majesty's Government will be glad if you will confirm their understanding that the trial of any member of the United States Forces for an offence against a member of the civilian population would be in open Court (except where security considera- tions forbade this) and would be arranged to take place promptly in the United Kingdom and within a reasonable distance from the spot where the offence was alleged to have been committed, so that wit- nesses should not be required to travel great distances to attend the hearing. Offenses committed prior to Dec. 7, 1941. 6. Thirdly, His Majesty's Government propose that no member of the United States Forces should be tried in the United Kingdom by a Service court of the United States of America, for an offence com- mitted by him before the 7th December, 1941. eiprocal arrange- 7. Fourthly, while His Majesty's Government in the United King- dom would not wish to make the arrangements in regard to jurisdic- tion over members of the United States Forces in this country de- pendent upon a formal grant of reciprocity in respect of United King- dom Forces in the territory of the United States of America, I feel that you will appreciate that the considerations which have con- vinced His Majesty's Government in the United Kingdom that the interests of our common cause would be best served by the arrange- ments which they are prepared to make as regards jurisdiction over American forces in the United Kingdom would be equally applicable in the case of British forces which in the course of the war against our common enemies may be stationed in territory under American juris- diction. It would accordingly be very agreeable to His Majesty's Government in the United Kingdom if you were authorised to inform me that in that case the Government of the United States of America will be ready to take all steps in their power to ensure to the British forces concerned a position corresponding to that of United States Forces in the United Kingdom under the arrangements which His Majesty's Government are willing to make. The considerations indicated in paragraph 2 above would naturally apply and His Maj- esty's Government would be prepared to authorise the Diplomatic Representative of His Majesty in the United States to notify the competent American authorities in cases where the appropriate British authorities preferred not to exercise jurisdiction. preliminary action. 8. Fifthly, the proposal to ensure to the United States Service courts and authorities by legislation the exclusive exercise of jurisdic- tion in respect of criminal offences by members of the United States Forces in the United Kingdom is based upon the further assumption 1194

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