(typed in soluble ink)   Copy No. 135__
     
 
Most secret
  
 
 
 
Standing War Order No. 101
 
 
     
 
DIRECTIONS FOR THE CONDUCT OF THE WAR AGAINST COMMERCE
  
     
  (The Führer has reserved for himself the decision as to the date from which complete freedom to use armed force is to be permitted in the area specified in para. 4 a.  A special order will therefore be given for the implementing of the directions given in para. 4 a.  Until that date, the special instructions issued to U-boats regarding the immediate use of armed force remain valid:  namely, Standing War Orders Nos. 101, 121, and 129.)  
     
 
I. General.
  1. The war against commerce is to be waged according to Prize Law (see Prize Law with instructions to commanding officers), in so far as the directions given below do not allow of another procedure.
  2. Every opportunity of bringing in prizes is to be seized.
  3. The following are to be reckoned enemies, with all the consequent implications with regard to Prize Law:
 
a)  Great Britain, including all colonies, mandated territories and protectorates, as well as India and the dominions of Canada, South Africa, New Zealand and Australia.
    The Irish Free State is neutral.
    *b) French Colonies, mandated territories and protectorates so far as they are under English of de Gaulle's control
    c)  Egypt
    d)  Irak
    e)  Dutch Colonies
    f) Belgian Congo
 
     
  *This article, in ordinary typescript, is posted over the superceded article, typed in soluble ink, viz:  "France, including all colonies, mandated territories and protectorates so long as no exception is notified."  
     
     
 
 
 
 

 

 
 
 
 
 
II. The employment of Armed Force.
  4. The immediate employment of full armed force is allowed against:
    a)  All vessels, including passenger ships, in the area between the following points, with the exception of a strip 10 sea-miles wide on the coast of the Irish Free State,
            French Atlantic Coast near 47° 30' N,
                                  2° 40' W.
                    45° N.    5° W.
                    45° N.  20° W.
    ?  58        58° N.  20° W.
    ? 52         62° N.    3° W.
            Belgian coast near 3° E.;
    to be excepted are ships under the Irish flag with special recognition marks, whose name, cargo and course have been previously given to the war vessels.
     
    b) All merchant vessels unquestionably identified as British** with the exception of unescorted and unnamed passenger ships, also outside the area specified in a).
    Such vessels are to be regarded as passenger ships as in the judgment of the commanding officer are designed for more than 120 passengers.  Means of judging are given in M. Dv. 187.  An exceptional number of boats (roughly more than 4 either side of the ship) provides a basis for estimates.  Length and number of promenade decks, glass port-lids.
    c)  French*, Norwegian, Dutch and Belgian merchant vessels which are recognized, or known, to be armed (cf. List 3rd War Directorate), also outside the area specified in (a);
    d)  all completely darkened ships, i.e. vessels sailing also with darkened navigation lights, also outside the area specified in (a), except for exceptional cases which are announced with regard to the operation of our own forces or to home-coming prizes.
    Surface vessels are, however, only to make immediate use of complete armed force under Paras. 4 (a) and (d) so far as their own security and the military situation demand it. In addition, they must, after exercising armed force, make efforts to rescue the crew.
     
    *  The word "French" (c) is added in red ink.
    **  "or French" struck out in red ink.
     
     
     
 
     
 
 
 
 

 

 
 
 
 
 
  5. The use of armed force is permitted by Prize Law against the following vessels:
    a)  all vessels escorted by warships or aircraft; an enemy convoy is to be assumed where enemy surface, underwater or air forces are in sight of a number of merchant vessels sailing more or less in company.  Merchant vessels sailing in company do not constitute enemy convoys, even when they include enemy merchant vessels.
    b)  vessels which communicate to the enemy useful information about naval forces or military operations.  This includes every W/T message transmitted in the course of undertakings sanctioned by Prize Law;
    c)  vessels which offer opposition by force or take part in fighting;
    d)  vessels which do not obey the order to stop, to keep on a particular course, to make use of their W/T apparatus, or to send signals; if a vessel sailing in company uses its W/T after being ordered to stop and not to use its W/T apparatus, indiscriminate action is allowed against all the vessels, if it cannot be determined which of them is making signals.
    e)  Vessels which are known, or perceived, to have enemy troop transports on board.
     
III. Norwegian, Dutch and Belgian Ships.
  6. Norwegian, Dutch and Belgian merchant vessels, which are encountered outside the sphere of German control, are to be treated according to Art. 10 of the Prize Law, as enemy ships.  The cargo is to be treated in the same way as that of enemy vessels according to Art. 11 and 12 of the Prize Law.
  7. As exceptions to para 6) the following are to be treated as neutral:
    a)  Norwegian, Dutch and Belgian ships under North American, Spanish, Japanese and Russian charter;
    b)  Norwegian, Dutch and Belgian ships which give proof that they are under the instructions of shipping companies in German-occupied territory.
            When these vessels are carrying contraband or otherwise contravening the Prize Law, action is to be taken in accordance with the Prize Law.
 
     
 
 
 
 

 

 
 
 
 
 
III. A.* French ships, Cargoes for French Territory.
  7. (a)  French merchant vessels are to be treated as neutral, in so far as they fly the French flag above a yellow burgee, have the French colours clearly and visibly painted on the sides and the upper works, surrounded by a yellow border on a black background, and at night show the prescribed lights and illuminate their distinguishing marks.  When these vessels are carrying contraband, or otherwise contravene the Prize Law, action is to be taken in accordance with the Prize Law.  All other French merchant ships are to be treated under Art. 10 of the Prize Law as enemy vessels, and their cargo to be treated under Art. 11 and 12 of the Prize Law as that of enemy vessels.
    (b) Contraband regulations are to be applied only against cargoes which are destined for such French territory as is under the control of England or of de Gaulle.
     
IV. Danish and Icelandic Ships; Cargoes for Iceland and the Faroes.
  8. Danish and Icelandic ships are to be treated as neutral so far as they are not taken over by the enemy and sail under the enemy flag.
            When contraband is carried or the Prize Law is otherwise contravened, action is to be taken in accordance with the Prize Law; special care is to be taken to ascertain whether a vessel is chartered or under the control of an enemy government.  (Prize Law, Art. 38, para. 3).
  9. Contraband regulations are to be applied against neutral ships with cargoes for Iceland or the Faroes.  Food and livestock foodstuff for the needs of the civil population are not, however, to be treated as contraband.
     
V. Vessels of friendly nations and the U.S.A.; vessels chartered by Switzerland.
  10. Spanish, Japanese, Russian and North American ships
 
     
 
*Section III A is an insertion in ordinary typescript.
 
     
     
     
     
 
 

 

 
 
 
 
 
    outside the operation area (Para. 4 (a)) are not to be stopped, seized or sunk.
  11. Ships chartered by Switzerland to maintain their own supplies, which sail under the national flag of the owners, but have the Swiss flag and the name "Switzerland" painted on the side, are not to be seized and sunk, since Switzerland has guaranteed that the goods carried are exclusively destined for Switzerland.
     
VI. War against Commerce in the Baltic, North Sea and Arctic areas.
  12. In the Baltic and North Sea area permits are issued for the following passages:
    a) For passages from occupied territories (Belgium, Holland, Denmark and Norway) to neutral countries; German and neutral ships obtain clearance certificates with the eagle-stamp;
    b)  in Estonia, Latvia and Memel (for Lithuanian goods), German and neutral vessels obtain Escort Certificates for passages to neutral countries and occupied territories;
    *c)  In Swedish ports and Finnish Baltic ports, Swedish, FInnish, Norwegian, Danish, Dutch and Belgian ships obtain escort certificates for passages to non-German ports outside the Skagerrak barrage and the Kaiser Wilhelm (Kiel) Canal.
     
    *c), in ordinary typescript, is pasted over the following in soluble ink:
            c)  In Finnish Baltic ports German and neutral ships obtain escort certificates for passages to occupied territories and neutral countries, with the exception of Russia and Sweden;
            d)  In Swedish ports no escort certificates have so far been arranged; efforts are being made to effect a regulation in this respect.
 
     
 
 
 
 

 

 
 
     
 
    e)  For Norwegian coastal shipping the Admiral Commanding Norway issues sailing permits with the eagle-stamp.
    f)  German and neutral ships sailing from Germany obtain clearance certificates without the eagle-stamp.
            Ships making passages as above, which do not have the requisite certificate on board, are to be brought in for examination (except for para. 10).  With regard to other passages, ships encountered are to be brought in, when special grounds for suspicion are present.
  13. All ships (except for para. 10) which are encountered in the sea-area of the Skagerrak, especially those desiring to pass the Skagerrak westwards, are to be brought in for examination, except those vessels proceeding at a distance of 5 sea miles from the Norwegian coast which possess a permit in accordance with para. 12.
  14. Ships leaving Petsamo or other Arctic ports westwards are to be brought in for examination since, on account of the English mined areas, it must be reckoned on their putting in at Kirkwall (except for para. 12).
     
VII. Contraband.
  15. The following articles and materials, being destined for enemy territory so fa as the latter is not occupied by German forces, constitute - according to the list (Prize Regulation, Article 22 in the (?) notification of 12.9.39) - unconditional contraband:
    (a)  arms and war-material of all kinds, their components and adjuncts;
    (b)  military articles of clothing and equipment;
    (c)  communication and signal apparatus and their components;
    (d)  means of transport and traffic and their components, beasts of burden, draught beasts, and _ _ _ * animals;
    (e)  power and heating material of all kinds, lubricating oil;
    (f)  gold, silver, exchange-material, documents showing claims on payment of dept;
    (g)  appliances, tools, machines and materials required for the production or use of the articles or products specified in (a) - (f);
            To the articles and products specified under (g) belong among others:
    (a)  ores and metals;
    (b)  india rubber;
    (c)  timber of all kinds with the exception of precious woods and barrel-staves, particularly pit-props, railway-sleepers, planks and undressed timber.
     
    *illegible
 
 
 
 
 

 

 
 
 
 
 
    (d)  bulk timber, polished wood and cellulose;
    (e)  skins and hides;
    (f)  engines and power-plants.
  16. The following articles and materials, destined for the armed forces or for enemy administrative establishments, constitute conditional contraband:
    foodstuff (including live animals), luxuries, animal feeding stuffs and clothing; articles and materials used in their production.
    If such articles or materials are destined for the United Kingdom, they are always to be treated as contraband, since, on account of the introduction of rationing (Zwangsbewirtschaftung), it is to be assumed that they are intended for the enemy armed forces or for the enemy administrative establishments.
  17. The principle of the "continued passage (fortgesesetzte Reise) (Prize Regulations, Article 22, Section 2, and Article 24, Section 2) applies as well to unconditional as to conditional contraband.
            Continued passage, in the case of the forwarding of contraband articles, is in question, if the articles are carried in a ship bound for a neutral port, but are thence to be conveyed by and, sea or air routes to an enemy destination in the sense of paras. 15 or 16.
            Continued passage is especially to be suspected, if the goods are being sent to a country near the enemy countries, and is despatched to order, or to a recipient whose identity is not disclosed in the ship's papers.
            Calling at an enemy intermediate port before the neutral country destination is reached does not fall within the category of continued passage; in the case, however, of unconditional contraband, Article 23, Para. 3 of the Prize Regulation is applicable, according to which the calling at an enemy intermediate port is held to prove that the goods are destined for the enemy.
  18. Contraband goods which are of particular value to Germany from the point of view of war-economy (such as precious and rare metals, foodstuff, papers giving claim on money - see Secret Paper 1. Skl. 1223* of 31.1.40) are if possible to be seized before the ship is sunk.
 
     
 
*possibly 1225 or 1229
 
     
 
 

 

 
 
 
 
 
VIII.  Right of Requisition.
          In urgent case of need the claim is made to exercise the right of requisition against a neutral merchant vessel not subject to being brought in, as well as against its legitimate cargo.  The requisition can extend to the seizure of fuel, foodstuff, apparatus, etc.  This is to be so exercised that the foreign vessel is not itself left in distress.  Requisition, furthermore, can consist in the laying the foreign vessel under the obligation to take on board crews rescued in the course of the war against commerce and passengers from sunk ships.  An adequate compensation is always to be promised.  Since the exercise of the right of requisition at sea is not generally recognized and may consequently bring about political difficulties, it is only to be applied in cases of military necessity and with express proof being offered of the existence of distress.