First--With regard to the sowing of mines, the German Government would
be willing to agree, as suggested, not to use floating mines and to have
anchored mines constructed as indicated. Moreover, they agree to put the
stamp of the Government on all mines to be planted. On the other hand,
it does not appear to them to be feasible for the belligerents wholly to
for ego the use of anchored mines for offensive purposes.

Second--The German Government would undertake not to use their
submarines to attack mercantile of any flag except when necessary to
enforce the right of visit and search. Should the enemy nationality of
the vessel or the presence of contraband be ascertained, submarines
would proceed in accordance with the general rules of international law.

Third--As provided in the American note, this restriction of the use of
the submarines is contingent on the fact that enemy mercantile abstain
from the use of the neutral flag and other neutral distinctive marks. It
would appear to be a matter of course that such mercantile vessels also
abstain from arming themselves and from all resistance by force, since
such procedure contrary to international law would render impossible any
action of the submarines in accordance with international law.

Fourth--The regulation of legitimate importations of food into Germany
suggested by the American Government appears to be in general
acceptable. Such regulation would, of course, be confined to
importations by sea, but that would, on the other hand, include
indirect importations by way of neutral ports. The German Government
would, therefore, be willing to make the declarations of the nature
provided in the American note so that the use of the imported food and
foodstuffs solely by the non-combatant population would be guaranteed.