881.00/1096

The Ambassador in France (Herrick) to the Secretary of State

No. 5361

Sir: With reference to my telegram No. 364, July 3, 5 p.m.,16 I have the honor to transmit herewith copy and translation of two notes from the Ministry for Foreign Affairs regarding the surveillance of the Moroccan coast by French and Spanish warships.17

I have [etc.]

Myron T. Herrick
[Enclosure 1—Translation]

The French Ministry for Foreign Affairs to the American Embassy

After agreement with the Spanish Government, the French Government has the honor to transmit to the Embassy of the United States of America at Paris the following information:

On the offing of the coast of French and Spanish territories, both as regards dominions and protectorates, situated to the North and West of Africa and included between the second meridian of West Longitude (Greenwich) and the 27th parallel of North Latitude, French and Spanish warships will jointly ensure the strict observation of the international provisions and regulations prohibiting, on the one hand, any access to the Moroccan coast outside of open ports, [Page 605] and, on the other hand, any importation of arms or war material into Morocco. To this end, the said ships shall supervise and visit, if necessary, pursuant to international usages in such matters, all ships suspected, for reasonable motives, of contravening the prescriptions referred to.

This surveillance will apply both to arms, munitions and war material as well as to merchandise suspected of being directed to ports or natural anchoring-grounds not open to trade.

[Enclosure 2—Translation]

The French Ministry for Foreign Affairs to the American Embassy

After agreement with the Spanish Government, the French Government has the honor to transmit to the Embassy of the United States of America at Paris, the following information:

On all the coasts subjected to the joint surveillance of Spanish and French warships, pursuant to the notice given to-day to the representatives of the interested Powers in Paris, the French and Spanish Governments distinguish, as regards the limits and modalities of surveillance, two categories of sectors.

In the sectors comprising the ports open to trade or crossed by trade routes, the surveillance is limited to the six miles of territorial waters, with the right to follow outside this limit.

In the other sectors, the surveillance extends to the particular limits defined below:

1.
Atlantic. Sector comprised between Cape Ghir and Cape Noun. The surveillance is exercised to the East of the line joining the points situated at six miles to the West of these two capes.
2.
Mediterranean. Sector comprised between Cape Trois Fourches and Cape Negro (North of Tetouan). The surveillance is exercised to the South of the line joining these two capes.

Furthermore, the presence and the organizations of the dissidents on the coast rendering difficult and even dangerous, both trade navigation and the operations of control exercised by warships near the coast, the territorial waters of the sector, limited to six miles, are forbidden to navigation between Cape Mazari (South of Tetouan) and the point Abdun or Afraout (East of Alhucemas). Consequently, any merchant ship met by warships in the prohibited zone which cannot justify its presence shall be handed over to the competent authority.

The maritime surveillance of the territorial waters of the Tangier zone shall be exercised pursuant to the stipulations of Article 4 of the Convention of December 18, 1923.

[Page 606]

The vessels and boats which may be recognized by the patrol vessels as engaged in trading in arms, munitions, war material and merchandise suspected of being directed to ports or natural anchoring-grounds not open to trade, will be handed over to the local competent jurisdiction.

The foregoing provisions being actuated by present events, have, because of this fact, only a temporary character and the High Contracting Powers reserve the right to modify them after prior agreement.

  1. Not printed.
  2. Similar notes from the Spanish Foreign Office, dated June 26 (supra) and July 2 (not printed), were received by the Embassy at Madrid and forwarded to the Department in despatches of June 29 and July 3 (file Nos. 881.00/1098, 1110).