PARAGRAPH 1. The enemy's cargoes found on Russian vessels, as well as on vessels belonging to the allies or overtaken during time of war in Russian ports or on coasts or when entering a port during war are subject to confiscation by nearest prize court.

PAR. 2. In fulfilling the duties mentioned in paragraph 1, the cargoes have a corresponding application according to the naval prize rules.

PAR. 3. The confiscated cargoes according to paragraph 1 are at disposition of the Government. The value of confiscated cargoes found transported under a flag of one of the allies, with the exception of the necessary expenses, according to instructions of the minister of foreign affairs and arrangements with competent ministers, may be turned over to the allied power, according to the agreement or understanding between the allies.

PAR. 4. When fulfilling the rules mentioned in paragraphs 1-3, it must be ascertained first of all when war was declared against the power to which the confiscated cargoes belong.

The governing senate will give instructions for the fulfillment of this order.

With the Imperial Signature,

10-23 August, 1915, Tzarskoe Selo.

NICOLAS.

Imperial Order, 237, Supplement to Article 57 of Declaration of London of 1909, relating to enemy character of vessels, February 17/ March 1, 1916.1

To the Governing Senate:

In accordance with the agreement with the allied French and British Governments and in modification of the imperial ukase, to the Governing Senate on September 14, 1914 (Code of Statutes, st. 2352), concerning rules of war on sea, as worked out by the London naval conference, 1908-9, we order:

To supplement the first part of statute 57 of above mentioned rules with following mentioned regulations:

If due to general combination of circumstances it appears that in a vessel sailing under the enemy's flag are actually interested subjects of neutral or allied powers, or that, on other hand, if in a vessel sailing under neutral or allied flag there are actually interested subjects of an enemy power or persons living in an enemy State, then such a vessel may in consequence be considered as neutral, allied, or enemy. The Governing Senate will not fail to make suitable dispositions for fulfillment.

Original signed.

E

IMPERIAL HEADQUARTERS, 17th February, 1916.
Countersigned, President of Cabinet Council,

NICOLAI

BORIS STUERMER.

1. For similar British and French regulations, Oct. 20, 1915, Naval War College, International Law Documents, 1915, p. 112.

116506-19- -9

Declaration in regard to seizure and confiscation of neutral vessels, abolishing decrees applying Declaration of London, November 8/21, 1916.1

To the Governing Senate:

In accordance with agreement with the allied French and British Governments, we consider it necessary to abolish the rules of war on sea, as worked out by the London naval conference, 1908-9, which with some modifications and supplements were put into force as a temporary measure by imperial ukaz of September 14, 1914 2 (Collection of Statutes, art. 2352), and also to abolish the modifications and supplements, made by imperial ukazes on December 21, 1914,3 and February 17, 1916 (Collection of Statutes, art. 3310 and art. 237). Approving the decision of council of ministers concerning this matter we order:

4

In modification of the above mentioned ukazes to apply during the present war all other orders and regulations concerning the war on sea— which are effective at the present time, together with generally acknowledged principles of international right-with the following changes and supplements:

PARAGRAPH 1. Merchant vessels of neutral nationality which transport war contraband, are confiscated, in case the latter either by value, weight, or volume or freight, amounts to more than a half of the whole cargo.

PAR. 2. Merchant vessels of neutral nationality may, according to circumstances, be not only detained but also confiscated, in the case of the following forbidden actions:

Transportation of enemy armed forces, enemy news and correspondence;

When on a voyage especially intended for transportation of individuals who form part of the enemy armed forces, or to carry news in the interests of the enemy power;

Cruising under command or control of an agent who has been placed on board by the enemy Government, and also if the latter has wholly chartered the neutral vessel.

PAR. 3. Any one forming part of the armed forces of the enemy and found on a neutral vessel (merchant) may be taken war prisoner, even if there is no reason for seizing the vessel.

PAR. 4. If under the general circumstances of the case it appears that in a vessel sailing under the enemy's flag are actually interested subjects of neutral or allied powers, or that, on the other hand, in a vessel sailing under neutral or allied flag there are actually interested subjects of an enemy power or persons living in an enemy State-then

1 For British and French orders, of July 7, 1916, see United States, Diplomatic Correspondence, European War, No. 4, pp. 69, 72.

2 Ibid., European War, No. 1, p. 23.

3 Ibid., European War, No. 1, p. 25. 4 Supra, p. 129.

such a vessel may in consequence be considered as neutral, allied, or enemy.

The Governing Senate will not fail to make suitable dispositions for fulfillment.

Original signed.

IMPERIAL HEADQUARTERS, 8/21 November, 1916.

NICOLAI.

MINE FIELDS AND NAVIGATION REGULATIONS.

Regulations for navigation in Gulf of Finland, August 11, 1914.

On July 31, 1914, the Gulf of Finland was closed to navigation. Since then the following orders have been issued.

Circular of the Principal Hydrographic Board of August 11, 1914, No. 420, Supplement to Nos. 410 and 417 of 1914.

TEMPORARY RULES CONCERNING NAVIGATION OF MERCHANT SHIPS IN THE GULF OF FINLAND, APPROVED BY THE COMMANDER IN CHIEF OF BALTIC FLEET.

(1) The Finnish Gulf is closed for exterior commerce during the period of war operations.

(2) All sea marks removed and lights extinguished westward of the meridian of lighthouse Kokskaer.

(3) In the Finnish Gulf all late ships, not informed of the beginning of the war or going on their own venture with cargoes will be embargoed by war vessels by day and by night and forwarded to places according to instructions received by them.

(4) Navigators are warned that ships which may enter the gulf unperceived, risk destruction on the mines, or of being fired on in thick weather.

(5) Until modification only the fairway from Raumo is reserved for communication between Finland and Sweden.

(6) Ships detained on declaration of war must obtain permission to leave port from the commander of the fleet and must follow the route indicated by him.

(7) Eastward of the line between Colcovik Gulf and Soederskaer lighthouse navigation between the ports of the eastern part of Finnish Gulf is permitted.

(8) The ships may enter Cronstadt, Viborg, and in case of special permission Reval and Helsingfors only in clear weather.

(9) In case that any vessels have obtained permission to leave the eastern part of Finnish Gulf, they must enter the bay Paponvik and then take the route indicated by the guard ship under charge of a designated pilot.

(10) It is absolutely prohibited to navigate amongst the low rocky islands near Utelight, from Baresund to the entrance near Utelight

house. During clear weather small row and canvas boats may sail amongst islands outside fairways.

(11) Entering and leaving amongst skerries (low rocky islands) between Soedersund and Baresund is prohibited (special permission for Helsingfors).

(12) Within the district from Baresund to Helsingfors traffic in interior shallow water is permitted vessels serving as communications between the local skaer inhabitants, but only by day and according to instructions of the director of sailing and lighthouse department in Finland and chief of skaer district.

(13) In skerries eastward of Helsingfors the longitudinal traffic is only permitted vessels serving as local communication between skerry inhabitants, and only in clear weather.

(14) Traffic from eastward to indicated meridian, Colcovik-Soedersund and vice versa is permitted in the gulf, but not among the skerries. (Signed) LT. GENERAL ZHDANKO. LT. COLONEL GLASOFF.

Regulations relating to floating mines in Black Sea, February 9, 1915. Circular of the Principal Hydrographic Boards of February 9, 1915, Nos. 6, 2. Circular No. 62 is published for information of navigators by the staff of Black Sea fleet commander on January 30, 1915.

CONCERNING MINES ADRIFT,

By order of the commander of Black Sea fleet; the staff gives notice or general information, that to avoid accidents on meeting with floating mines, mines adrift and stranded on the shore or near the shore, globe shaped or otherwise, whether our own or of the enemy, the following precautions must be observed:

1. It is prohibited to touch floating or stranded mines to avoid an explosion;

2. To inform the nearest Naval Service Post or the cordon of coast guard of every mine found;

3. If possible to establish observation on the mine;

4. To inform immediately the head office of Black Sea fleet at Sevastopol;

5. According to law the inhabitants of coast districts will be rewarded by the navy department for each mine found.

Notice of mine laying by Sweden, July 5, 1915.

Circular of the Principal Hydrographic Board of July 5, 1915, Nos. 74, 19. Navigators are notified of the laying of mines by the Swedish Government in the Aoland Sea and in the Southern Kvarken.

To avoid mines in the Southern Kvarken, Aoland Sea, and in the offing of Stockholm skerries, navigators are recommended to go through

internal skerry fairway and the internal skerry fairway between Arholm and Landsort.

For information concerning mining along the Swedish coast, and rules for entrance of these ports, and information on lights, see "Infor mation for Navigators.”

Notice of floating mines in the White Sea, July 10, 1915.

Circular of July 10, 1915, Nos. 81, 2.

FLOATING MINES.

It is made known for information of navigators that in the Gorla (strait in the White Sea) and in the basin of White Sea have been observed floating mines. The local naval authorities give instructions concerning observation, information, and measures of precaution on meeting with mines.

Regulations relating to prohibited area in White Sea and frozen ocean,

April 10, 1916.

Circular of Principal Hydrographic Board, April 10, 1916.

RULES CONCERNING NAVIGATION-WARNING OF MINES.

In view of the dangerous navigation in White Sea and frozen ocean near the Russian coast caused by mine fields established by the enemy following notice is published:

(1) In the White Sea and in its entrance southward of the line Kanin Noss and Lighthouse Kharloff (Seven Islands, latitude 68° 49′ N., longitude 37° 21' east from meridian Greenwich) and also in all waters of the frozen ocean within the custom zone (12 miles from the coast and the outlying coast islands, and exposed rocks), navi- . gation is forbidden of all merchant trading and other vessels of all kinds under any flag, with exception of such vessels as may have obtained special permission. Vessels entering without permission into prohibited zone risk destruction on the mines and may be detained by guard ships for searching and further disposition.

(2) Vessels which have obtained permission to enter the prohibited zone must observe all rules which are established for navigation in named waters.

(3) Rules mentioned in point 2, and also the order for obtaining permission for entering the prohibited waters are prescribed by the commander in chief of Archangel and White Sea district. Charts Nos. 1060, 1518, 1655.