881.6463/14
The American Diplomatic Agent and Consul General at Tangier (Blake) to the French Resident General in Morocco (Saint)4
Mr. Resident-General:—I have the honor to acknowledge the receipt of the Note No. 201–D dated July 15th, 1930, which Your Excellency has addressed to me in reply to my two communications of May 9th [19th], 1930 and July 7th, 1930, on the subject of the proposals, now under the consideration of the Tangier Legislative Assembly, which emanate from the “Compañia Electra Hispano-Marroqui” and the “Société des Eaux” looking to the award to these combined companies, without the proper procedure relative to public adjudication, of a concession for the distribution of electric light and power in Tangier.
I am pleased to note that assurances are given that proper delays will take place in order that American concerns may be in a position to compete on a footing of perfect equality with the nationals of any other country in connection with the bidding on the contracts for the materials and supplies eventually required for the equipment of the future enterprise for the distribution of electric light and power in Tangier.
I would however point out to Your Excellency that my letter of May 19th, 1930 made appeal for proper respect of the pertinent treaty provisions, on the part of the Tangier Authorities, specifically regarding the rights of American nationals and concerns to participate, on terms of perfect equality with those of any other country, in the opportunity to bid for the concession itself. My letter, therefore, referred unmistakably to Article 107 of the Act of Algeciras in its entirety, and this Article requires that concessions for the operation of public services, as well as contracts for supplies connected with [Page 590] their equipment, shall be subordinated to the principle of public awards on proposals, without preference of nationality.
In the circumstances it will be obvious to Your Excellency that assurances in regard to the respect of American treaty rights only so far as concerns opportunity to bid on contracts for materials and supplies for the equipment of a concessionary enterprise, to the exclusion of an opportunity to bid for the concession itself, are unsatisfactory. I trust, therefore, that Your Excellency will be good enough to advise the competent Authorities of the Tangier Zone of the necessity for a full and entire observance of all the provisions of Articles 105 to 110 of the Act of Algeciras and of the regulations issuing therefrom, concerning the award of this and of any other concession or contract, which may be contemplated by the Tangier Administration.
In conclusion, I shall be grateful to have Your Excellency’s official notification as to the action taken in regard to this matter.
Please accept [etc.]
- Copy transmitted to the Department by the Diplomatic Agent at Tangier in his despatch No. 525, July 19, 1930; received August 4.↩