Foreign Relations of the United States, 1952–1954, Africa and South Asia, Volume XI, Part 1

271.11/5–2553

The Chargé at Tangier (Witman) to the Department of State¹

confidential
No. 516

Tangier, May 25, 1953.

Ref:

• Decigram May 7, 1953.²

Subject:

• United States Reservations to the Tangier Protocol and the Four-Power Convention of November 10, 1952

The Legation is in complete agreement with the Department’s position on the legal questions discussed in the circular airgram under reference and with the suggested course of action regarding United States adherence to the Four-Power Convention on Judicial Reforms in Tangier. The suggestion in the penultimate paragraph of the circular airgram that the Legation approach the various members of the Committee of Control individually and explain our position on the question of our reservations to the Protocol, as well as our proposal regarding adherence to the Convention, is believed to be the appropriate course of action. This position is likely to gain ready acceptance by members of the Committee of Control once they are aware that the United States is contemplating regularizing its position in Tangier in conformance with the ICJ decision of August 27, 1952. As the matter stands, they have had no indication that the United States contemplates such action and have tended to interpret our reservations as an attempt to perpetuate what they consider to be an anomalous situation. Some of the members of the Committee of Control who accept our legal position as being well-founded do not like it and would support us more actively if we gave evidence of an intention to revise our position. Also, the Department’s proposed course of action has the advantage of permitting the United States to make changes in its position in Tangier voluntarily, and will be an effective reply in the event that other governments attempt to blame the United States for delaying or blocking the entry into force of the Protocol and the Convention on Judicial Reforms. Moreover, the Legation believes that such action is desirable in any case in view of the existing differences in the jurisdiction of the Consular Courts at Tangier and Casablanca,³ and that it would be in our best interests to make the changes proposed by the Department, even if there were no question of United States adherence to the Four-Power Convention.

For these reasons the Legation urges that it be authorized as soon as possible to begin discussions with individual members of the Committee of Control along the lines suggested by the Department and that the Department, at the same time, take similar action in Washington with the Embassies of the countries concerned. The Legation believes, however, that we should not condition our adherence to the Four-Power Convention solely upon the adoption of a satisfactory radio ordinance and the conclusion of a government-to-government agreement covering the operations of the VOA installation. It is believed that we also should seek an agreement on certain questions connected with the transfer of jurisdiction over mixed nationality cases. We believe that it is important to have it understood that cases wherein there has been a final judgment of the Consular Court shall be res judicata, that the Tangier authorities may not prosecute an action for a cause arising prior to a date to be agreed upon, and that American protected persons shall be inscribed on the master list of protégés justiciable by the Mixed Tribunal. Unless we can have such an understanding, these matters are likely to cause trouble after we have extended the provisions of the ICJ decision to the International Zone.

The Legation also considers that it is important that any government-to-government agreement regarding the operations of the VOA installation be handled in such a manner as not to give the appearance that we recognize the right of the authorities at Rabat to control radio broadcasting in Tangier. We believe that in view of the provisions of Article 5 of the Tangier Statute, the Sherifian Government has delegated its powers in such matters to the International Administration. The Legation is of the opinion therefore that any agreement on this subject concluded with France as the protecting power in Morocco should be submitted to the International Legislative Assembly of Tangier for its approval in accordance with Article 8 of the Statute. If such a procedure is followed, it will be a recognition of the International Zone’s authority to regulate such questions.

Inasmuch as the negotiation of a government-to-government agreement regarding the VOA station and the adoption by the Committee of Control of an acceptable radio ordinance are apt to be lengthy procedures, the Legation hopes that both can get underway without delay. It is almost certain that other members of the Committee of Control will find it necessary to consult their governments regarding the radio ordinance, or that they will at least require some time to study the matter, and it is therefore urged that the Department endeavor to furnish the Legation with a draft of such an ordinance as soon as possible.

We believe that when the approach is made to the members of the Committee of Control and to the interested Embassies in Washington, we should be in a position to state that we will enter into negotiations with France immediately regarding the VOA operations and at the same time transmit to the Committee of Control the text of our proposed radio ordinance. We could state further that as these negotiations progress we will also take up with the French Government the three jurisdictional points on which we desire agreement. The Legation reiterates that the Administrator of the Zone should be kept fully informed.

For the Department’s information, the following are the most recent developments in connection with the entry into force of the Four-Power Convention on judicial reforms:

At the meeting of the Committee of Control on May 23, 1953, the French representative stated (as reported in Legation telegram 499 of May 25, 1953)⁴ that the Sultan’s approval of the dahirs promulgating both the Convention and the Tangier Protocol of November 10, 1952, may be delayed because of Ramadan but that it was still expected in the near future. He stated, however, that new complications had arisen which might delay the entry into force of the November 10 agreements. Mr. de Panafieu said that his Government had learned from The Hague that adherence of the Netherlands Government to the Four-Power Convention would require parliamentary ratification. After remarking that the only three outstanding adherences are the Dutch, Belgian, and United States, and that no difficulty is expected in connection with Belgium’s adherence, he stated that the French Government was bringing pressure to bear at The Hague with a view to expediting the adherence of the Netherlands Government. The British representative indicated that he would recommend that his Government take similar action at The Hague.

In response to private inquiries from members of the Committee of Control regarding the status of our adherence of the Convention, the Legation has replied that if the United States reservations of its position in Tangier are not challenged, our adherence could probably be accomplished by executive action, but that our adherence without reservations could only be accomplished subject to ratification with the advice and consent of the United States Senate. (The Legation will not go further in discussion of this question until the receipt of the Department’s reply to this despatch.)

Action Requested:

1. That the Department authorize the Legation without delay to enter into discussions with individual members of the Tangier Committee of Control along the lines set forth in the penultimate paragraph of the Department’s circular airgram of May 7, 1953, and as recommended in this despatch.

2. That the Department furnish the Legation as soon as possible with a draft of a Tangier radio ordinance for submission to the Committee of Control.

3. That the Legation be authorized to keep the Administrator of the Tangier Zone currently informed of such aspects of these problems as may be appropriate.

W. Witman

1. This despatch was transmitted with the request that the Department send copies to Paris, Madrid, London, Rome, Brussels, The Hague, Lisbon, Casablanca, and Rabat.
2. Supra.
3. By virtue of the decision of the ICJ on Aug. 27, 1952, the broad jurisdiction claimed by the United States over its nationals and protégés in Morocco had been scaled down to what was specifically granted by the Treaty of 1836 and the Act of Algeciras. It was anticipated that should the question of extraterritorial jurisdiction in the International Zone be brought before the same tribunal that the decision would be likewise.
4. Not printed.