Office of the Historian

771.00/5–1952

The Ambassador in Spain (MacVeagh) to the Department of State1

confidential
No. 1162
Madrid, May 19, 1952.

Ref:

  • Department’s telegrams 985 May 15,2 997 May 16,3 and Embassy telegram 1251 May 17.4

Subject:

  • Forwarding Text of Note to Spanish Foreign Ministry Regarding Status of Tangier.

In accordance with the instructions contained in the Department’s [Page 196] above-mentioned telegrams, the following note was delivered at the Spanish Foreign Ministry at 6 p.m. on Saturday, May 17, 1952, and the Department was so informed in this Embassy’s telegram No. 1251 of that date:

“The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and has the honor to refer to the Ministry’s notes No. 231 of April 7, 1952 and No. 265 of April 21, 1952.5

“After thorough study of the agreements and other documents relating to the administration of the International Zone of Tangier, the Government of the United States has concluded that the 1945 Agreement remains valid and in force until a new agreement in regard to the administration of Tangier is concluded. As Article 1 of the 1945 Agreement indicates, ‘From the 11th October 1945 until a Convention drawn up at the Conference referred to in Article 2 below has come into force, the Tangier Zone of Morocco shall be provisionally administered in accordance with the Convention of the 18th December 1923 (and the Agreement of the 25th July 1928 amending the same) as modified by the provisions of the present Agreement’, the Government of the United States believes that this Agreement cannot be considered to have lapsed simply because the conference called for in Article 2 has not been convened.

“In the opinion of the Government of the United States the Committee of Control is competent, in accordance with Article 8 of the 1945 Agreement, to make such changes as the members may agree are desirable in the administration of the International Zone of Tangier. The Government of the United States believes, therefore, that the Committee of Control is the appropriate body to consider proposals which the Spanish Government, as well as the other powers responsible for the administration of the Zone, may wish to make. [”]

For the Ambassador:
Daniel V. Anderson

First Secretary of Embassy
  1. This despatch was repeated to Paris, London, Rome, Brussels, Libson, The Hague, and Moscow.↩
  2. Not printed; it included the proposed text of the note printed here and indicated that the United States wanted no general review of the Tangier situation particularly since the ICJ case, which would determine U.S. rights in the French Zone, was still pending. It expressed the willingness of the United States to make some concessions to Spain in the context of limited talks at Tangier, but in the hope of gaining favorable administrative changes.(771.00/5–1252) It referred as well to four reservations, as noted in telegram 5832 to London, May 10, 1952, not printed, which would limit any U.S. participation in discussions. These were the same as those entered when the United States agreed to participate in the international regime, i.e., “that US participation does not imply adherence to 1923 Statute (as revised 1928) and shall not be deemed modify or abridge in any manner (1) position of US, (2) status of US Reps, (3) establishment, authority and powers of US extraterritorial jurisdiction, or (4) any rights accruing to US and its nationals and ressortisants from treaty, custom and usage.” (771.00/5–152)↩
  3. Not printed; it instructed that the note be delivered in Madrid following confirmation from the Embassy at London. The United States and the United Kingdom worked closely to coordinate their responses. (771.00/5–1652)↩
  4. Not printed.↩
  5. See footnotes 1 and 4, pp. 190 and 191.↩