881.512/67

The Secretary of State to the Diplomatic Agent and Consul General at Tangier (Blake)

No. 505

Sir: With reference to your despatches Nos. 343 and 350 of December 4 and December 31, 1928, respectively, concerning the request of the French Resident General for the consent of this Government to the application to American nationals and ressortissants of the proposed “padlock law” and of the four specific taxation measures, and supplementing the Department’s telegram No. 4 of January 22, 1929, 6 p.m., in which you were authorized provisionally to assent to the four taxation measures, the Department concurs in your views concerning the “padlock law” and authorizes you to address a note to the French Resident General, in reply to his note of November 23, 1928 concerning that law, in substance as follows:

“This Government regrets that it does not see its way clear to giving the consent requested by His Excellency, in his capacity as Minister of Foreign Affairs of His Shereefian Majesty, to the application to its nationals and ressortissants of the proposed measure providing that any draft law submitted by the Administration in connection with an increase of consumption taxes shall be put into immediate effect. While desirous of facilitating the task of the Administration at Tangier in such manner as may be possible and appropriate, this Government is unable to concur in a proposal such as the contemplated law which would involve a radical departure from its well-established practice in Morocco in conformity with its treaty rights, and a substantial alteration of those rights. This Government will continue to give the same careful consideration which it has accorded in the past to requests made in accordance with existing treaty provisions for its consent to the application to its nationals and ressortissants of new taxation measures which shall have been definitely adopted by the competent legislative body in Tangier. Furthermore, this Government, if given through the customary channel an opportunity to examine proposed taxation measures, will issue appropriate instructions in advance to the American Diplomatic Agent and Consul General at Tangier so that, where possible, its consent to the application of [Page 522] these measures may be given immediately after they have been duly adopted by the competent legislative body in the form submitted to this Government.”

The Department requests you to inform it by telegram when you have transmitted this note to the French Resident General in order that it may at that time make appropriate reply to the representations of the British, French and Italian Embassies concerning this matter.

I am [etc.]

For the Secretary of State:
J. Reuben Clark, Jr.