811.11101 Waivers 81—

The Ambassador in Spain (Bowers) to the Secretary of State

No. 675

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]

The Spanish Under Secretary of State (Aguinaga) to the American Ambassador

No. 20


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.]

José M. Aguinaga