Memorandum of a meeting with Admiral Schniewind, on the circumstances in which neutral merchant ships can be sunk without warning, the sinking of British and French merchant ships, the policy not to sink neutral ships in the Baltic Sea and eastern North Sea, and the belief that Hitler "will probably order ruthless U-Boat warfare"

9 Copies, this is copy No. 8.
IMMEDIATE TOP SECRET
Berlin, 27 Sept, 1939.
I
Today, as ordered, I discussed with Admiral SCHNIEWIND the questions of sea warfare expounded by the Naval Operational Staff in their letter of the 26th September. Admiral SCHNIEWIND had called in Captain Fricke, Captain Neubauer, Senior Naval Judge Advocate Eckhardt, and Captain [?].
The Naval Ops Staff will draft a memorandum on the discussion.
Agreement was reached on the following points:
(1) Enemy and neutral merchant vessels which, on being stopped, transmit; those signalling and those blacked out, may be sunk without warning.
All neutral states will receive notification to this effect. The text will be prepared at the Foreign Office and, after agreement with the Naval Ops Staff (Eckhardt), will be dispatched by telegraph to all our missions, not later than today.
This notification should not forecast torpedoing, but should only be a warning that ships will expose themselves to danger by behaving in these ways.
I did not discuss the question of limiting the use of these measures to certain zones, as is provided for in one case in inclosure (1) to the letter from the Naval Ops Staff. It appears desirable to include such a limitation so that the Americans cannot say we were doing such things off their shores. This could be considered when the notification is formulated.
(2) As from a certain date, still to be determined, British and French merchant vessels may be torpedoed without warning, as it can be taken for granted that they will be armed. No notice will be given. First one should start with an intensive propaganda campaign about the arming of enemy merchant ships, lasting approximately four days. Before publishing final orders, the Naval Ops Staff will once more come to an agreement with the Foreign Office.
Both the Naval. Ops Staff and the Foreign Office will immediately examine the question whether, in view of the present legal situation in the USA, American citizens travelling on enemy vessels may do so only at their own risk or whether it is forbidden altogether. Should such laws not exist, I have put forward the wish of the Foreign Office to hold up these measures until the conclusion of American legislation; however I made no condition of this wish.
(3) It has been agreed not to torpedo neutral merchant ves-
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sels in the Baltic Ocean or in the eastern part of the North Sea whenever possible.
Admiral Schniewind said that, in view of the employment of U-boats, no absolutely binding assurance could be given in this respect.
(4) It has been agreed that food stuffs with the exception of fruits and vegetables are to be treated in practice as absolute contraband goods. This is done in the expectation that, before the decisions of the Prize Court are reached, more obvious details about the corresponding British and French attitude will have come to hand.
(5) The question of Italian, Japanese, Spanish, and Russian merchant vessels was not raised. The notification in par. (1) is in any case to be sent also to the governments of these countries. I shall make certain, furthermore that, as has already been foreshadowed, further discussion shall take plaee with regard to this question.
II
The Naval Operational Staff indicated anew that the Fuehrer will probably order ruthless U-Boat warfare in the restricted area in the very near future. The previous participation of the Foreign Office remains guaranteed. In this connection I made special reference to the United States of America and demanded that this measure should not be put into effect until corresponding legislation by the United States had been assured.
The following points were mentioned during the discussion of this question. In the eourse of Monday's discussion, Ministerialdirektor Wiehl reserved the right to make further exceptions for the Prosecution of economic warfare at sea in case of negotiated agreements, especially with the Northern Countries. Captain Neubauer pointed out—Admiral Schniewind agreeing—that these agreements could not be allowed to exercise a limiting effect on ruthless U-Boat warfare should the latter be introduced, so that it might perhaps be better not to make any agreements which would subsequently have to be broken.
Ill
With reference to the intended belt of 30-500 sea miles surrounding the American States, it was agreed to await first more detailed news of the American intention.
[signed] Woermann
Secretary of State
Office of Reich Foreign Secretary.
Dg.Pol.
Dir.W.
Director of Law
Pol. I.M.
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