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

971.40/7–753: Telegram

The Secretary of State to the Legation at Tangier¹

confidential
niact

Washington, July 7, 1953—7 p.m.

16. In view information contained Legation telegrams five² and six³ Department again urged Radio Companies expedite their review local Tangier laws. Department now informed by Companies compilation local laws received in French but not yet translated. Summary of same from Tangier Manager Mackay indicates Companies “may be able to live with laws.” Department has informed RCA and Mackay that in light information reported reference telegrams we feel compelled proceed course action previously outlined to them and which they have approved in principle.⁴ Department would have preferred afford Companies opportunity thorough study local laws before acting finally. We have indicated to Companies that if review laws subsequently reveals any intolerable law (which we doubt) Department willing seek obtain appropriate relief. This is all Department could do under any circumstance. Following is verbatim text United States adherence to Convention:

Begin verbatim text. 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 note of January 27, 1953⁵ enclosing a certified true copy of the Convention of November 10, 1952 relating to the Reform of the International Jurisdiction of Tangier and inviting the United States to adhere to this Convention.

The Convention was signed by the plenipotentiaries of the Governments of Spain, France, United Kingdom of Great Britain and Northern Ireland, and Italy and amends the Statute of Tangier established by the Convention of December 18, 1923, modified by the Agreement of July 25, 1928, between the same parties.

The United States is not a party to the Statute of Tangier. The Convention provides, nevertheless, that it shall be communicated for adherence, not only to the Powers which have adhered to the Statute of Tangier, but also to the Government of the United States which is represented on the Committee of Control of Tangier as a result of the joint invitation from the French and British Governments to participate in the provisional international regime created by the Agreement of August 31, 1945.

The Embassy of the United States, pursuant to instructions of the Government of the United States of America, has the honor to inform the Ministry of Foreign Affairs that the Government of the United States of America, desirous of supporting to the fullest extent possible the implementation of the program of reforms prepared by the Committee of Control, adheres to the said Convention of November 10, 1952 subject to the following reservations:

1. The adherence of the United States to the Convention does not modify or abridge in any manner the extraterritorial jurisdiction of the United States in the Tangier Zone;

2. The adherence of the United States does not in any way imply adherence to the Statute of Tangier of December 18, 1923, as modified on July 25, 1928, which the Convention of November 10, 1952, amends. End verbatim text.

Department considers two numbered reservations contained in final paragraph note essential fully protect US position, and sees no basis for French or any other member Committee Control object inclusion these reservations in adherence. If Legation has any suggested changes in text note which it deems essential they should be communicated immediately to Dept and Embassy Paris. Otherwise text should be considered final and should be delivered by Embassy Paris to French Foreign Office in present form on Wednesday July 8.

Witman should read text adherence at meeting Committee Control on Wednesday indicating time it is to be delivered to French in Paris. At same time should make statement outlined final paragraph page five Circular Airgram May 7, Control No. 935.⁶ Do not include in statement any reference to necessity for agreement regarding questions connected with transfer of jurisdiction as set forth second paragraph Legation Despatch 516.⁷ Dept believes these questions can be handled satisfactorily if and when proposed changes in jurisdiction implemented.

Dulles

1. This telegram was repeated for action to Paris and for information to London, Madrid, and Rabat.
2. Not printed; it recommended Department adherence with reservations in light of the positive reaction to the statement of June 18. (771.00/7–453)
3. Not printed; it indicated French opposition to “political” reservations to the judiciary convention, but not to a statement that nothing in the convention was understood to modify the U.S. capitulatory rights and jurisdictional position. (771.00/7–453)
4. In conversations on June 11 and 15. See footnote 7, p. 218.
5. Antep. 204.
6. Ante, p. 213.
7. Dated May 25, p. 218.