852.2221/344
The Diplomatic Agent and Consul General at Tangier (Blake) to the Secretary of State
[Received April 10.]
Sir: I have the honor to enclose herewith copies, in the French text and in English translation, of a Dahir and of a Vizirial decree, both dated February 20, 1937,52 which embody regulations governing travel, from the French Zone, to or through the Spanish Zone of Morocco, for the purpose of preventing the enlistment of volunteers in the military service of either of the contending parties in the Spanish civil war.
By Note dated March 25, 1937, the Residency General of France at Rabat requests that the application of these regulations be extended to American nations and protégés.
On this subject, I also enclose herewith copies of correspondence exchanged between this Legation and the American Consulate at Casablanca, and a copy of my Note, dated March 10, 1937, to the French Resident General.53
I trust that the Department will concur in the position which I have taken, in the premises, as set forth in the correspondence, namely, that, since the American Government is opposed to the enlistment of American nationals for military service on either side in the Spanish civil war, it would seem proper to subject American ressortissants in Morocco, to Moroccan legislation which pursues the same purpose.
I respectfully suggest, therefore, that I be instructed to notify the Protectorate Government in this sense, while at the same time specifying the procedure to be applied to American ressortissants, as indicated [Page 263] in my Note of March 10, 1937, to the Residency General at Rabat, in order that bona fide American travelers may be protected from unnecessary inconvenience.
A request from the Protectorate authorities is also expected in regard to similar legislation promulgated in the Tangier Zone. The Department’s eventual instruction will therefore be assumed to cover the regulations in both the French and Tangier Zones.
My notification to the French Residency General would, of course, be accompanied by the usual reservations in regard to American extraterritorial jurisdiction, and also with a statement to the effect that the subjection of American travelers to the legislation in either zone, would automatically cease with the termination of the Spanish civil war.
As regards sanctions, I would appreciate being informed, for the guidance of Consular Courts in Morocco, whether the provisions of Section 528254 (Enlisting in Foreign Service) of the Federal Statutes would be properly applicable to American ressortissants in Morocco.
Telegraphic instructions on this despatch are respectfully suggested.
Respectfully yours,