711.00111 Lic. Vimalert Co. Ltd./52/10: Telegram
The Acting Secretary of State to the Ambassador in France (Bullitt)41
555. The Department yesterday found itself obliged to grant two licenses for the exportation to the port of Bilbao in Spain of a shipment [Page 619] of airplanes and engines to the total value of $2,777,000. As you’ recall the joint resolution of Congress now in effect providing for an embargo against the shipment of arms, ammunition and implements of war to “belligerent countries”42 does not apply to the present civil strife in Spain as it is applicable only to wars between nations. The present authority for the issuing of licenses contains the following provision: “Licenses shall be issued to persons who have registered as provided for except in cases of export or import licenses where exportation of arms, ammunition, or implements of war would be in violation of this Act or any other law of the United States or of a treaty to which the United States is a party, in which cases licenses shall not be issued”. As none of these exceptions exist in the case of the Spanish situation the right to a license could not be denied.
Since the beginning of the disturbance in Spain many inquiries have been received as to the attitude of this Government toward shipments of arms, ammunition, and implements of war, including aircraft, to Spain. Heretofore in all such cases the inquirers have patriotically refrained from requesting licenses for such shipments upon receiving an explanation of this Government’s attitude and policy of scrupulous non-intervention in the Spanish situation. Thus with the cooperation of arms manufacturers and exporters this Government has been able to carry out its policy of non-interference in the Spanish situation. Mr. Robert Cuse,43 the licencee in this case, insisted upon his legal rights in the face of an explanation of this Government’s non-involvement policy and with full understanding thereof. The Department sincerely regrets the unfortunate non-compliance by an American citizen with this Government’s strict non-intervention policy.
In view of the fact that most of the airplanes and airplane engines and parts composing the shipment, licenses for which have been granted as mentioned above, are not of new manufacture and will therefore require overhaul and reconditioning, it is not expected that any of this shipment will leave the United States during the next 2 months and that the entire shipment will not be completed before 6 months from now.
For further information see tonight’s radio bulletin.
You are authorized in your discretion to bring the facts with regard to the issuance of these licenses orally to the attention of the Government to which you are accredited.
Please transmit a copy of this telegram to Embassies at London, Berlin, and Rome for their appropriate action. Repeat to Moscow without preceding paragraph stating that it is for Embassy’s information only and for background in the event of receiving any inquiries on [Page 620] the subject from the Government or any of the other diplomatic missions.