811.11101 Waivers 81—
The Ambassador in Spain (
Bowers
) to the Secretary of State
No. 675
Madrid
, February 27,
1935.
[Received March 9.]
Sir: I have the honor to refer to the
Department’s instruction No. 174 of December 6, 1934, requesting me
to bring to the attention of the Spanish Government the impropriety
of the action of the Spanish consular officers in requiring visas of
American citizens intending to enter the Spanish Zone in Morocco,
and also the inconvenience and delay resulting from the requirement
that such citizens provide the Spanish Consul General in Tangier
with photographs. There are enclosed a copy and translation of a
Note from the Ministry of State in reply to the Embassy’s
representations regarding this matter.
It will be observed from the final paragraph of the Note from the
Ministry of State that the Spanish Government is prepared to abolish
the requirement of passport photographs, subject to the right of the
Spanish Consul at Tangier to require them whenever he considers it
necessary for the proper identification of the individuals
concerned. In this connection reference is made to the fourth
paragraph of the Embassy’s Note to the Ministry of State which was
dated December 17, 1934, and which read as follows:
“It very seldom occurs that such persons carry with them
extra copies of photographs and the result has been, in at
least eight cases, that in order to secure such copies, the
interested Americans have been forced to give up their
reservations and remain over in Tangier, while French and
British companions with whom they were traveling were able
to proceed without even obtaining visas.”
Respectfully yours,
For the Ambassador:
Walter H. Schoellkopf
Secretary of Embassy
[Page 1022]
[Enclosure—Translation]
The Spanish Under Secretary of State
(
Aguinaga
) to the American Ambassador
No. 20
Madrid
, February 12,
1935.
Excellency:
My Dear Sir: Under date of December
17th last you addressed me a Note requesting that the exemption
from visas agreed upon for passports of British and French
citizens, as well as those of any other country, who may enter
the Spanish Zone in Morocco, be extended also to American
citizens in virtue of the most-favored-nation clause which the
United States enjoys as a result of the various treaties and
conventions to which the United States and Morocco are
contracting parties.
The contents of Your Excellency’s Note having been studied with
all attention, and the subject having been reported upon by the
High Commissioner and the Technical Secretariat for Morocco, I
permit myself to bring to Your Excellency’s attention (the fact)
that Article 4 of the Anglo-Moroccan Treaty of December 9, 1856,
cited by Your Excellency, provides that: “For his part His
Britannic Majesty obligates himself to grant to the subjects of
His Majesty the Sultan the same privileges in all his
possessions that are granted to subjects of
most-favored-nations.” That is to say, that in the said clause
the benefit of most-favored treatment is not established in its
entirety and without any limitation, but that, on the contrary,
it is conditioned upon strictly reciprocal treatment for
Moroccan subjects, which enjoy likewise the fullest advantages
that the British Government grants to the subjects of any other
country.
Consequently, the United States could only request for their
citizens the suppression of the visa of passports in the event
that the American Government should agree to grant to the
natives of the Spanish Zone in Morocco the most-favored
treatment which it grants to the citizens of any other
country.
Notwithstanding this, the High Commissioner of Spain in Morocco
and the Spanish Government, in their desire to offer the
greatest facilities to American citizens who may wish to visit
the Spanish Zone, are disposed, beginning from this moment, to
abolish the requirement of photographs when it is solely a
question of tourists under the conditions mentioned in the
fourth paragraph of Your Excellency’s Note to which I am
replying in the present communication, the Consul of Spain at
Tangier remaining authorized to require them in all cases in
which he may consider it necessary or convenient to the proper
identification of the individuals.
I take [etc.]