The Secretary of State to the Diplomatic Agent and Consul General at Tangier (White)

No. 19

Sir: The Department has received your despatch no. 34 of September 18, 1940, transmitting a request of the French Resident General that the provisions of a Dahir of February 26, 1940 modifying a Dahir of October 9, 1920, as amended by a Dahir of December 12, 1929, be made applicable to American nationals and American-protected persons in the French Zone of Morocco. Reference is made also to your predecessor’s despatches no. 1250 of January 27 and no. 1262 of February 27, 1937,80 concerning a similar request with respect to a Dahir of September 21, 1936 modifying the Dahir of October 9, 1920.

You may inform the French Resident General that this Government consents, with the exception noted below, to the application of the Dahirs of September 21, 1936 and February 26, 1940 to American nationals and American-protected persons as of the date this Government’s consent is conveyed to the French Resident General, provided that the dahirs are applied also to all other nationals without discrimination and subject to the reservation of the jurisdiction of American Consular Courts over cases arising under these dahirs in which persons under American jurisdiction may be concerned. You should add that this Government’s consent cannot be given to the application to American nationals and American-protected persons of the variable taxes included in the tables annexed to the dahirs, so far as these taxes involve an assessment on the basis of the horsepower unit of automotive vehicles, for the reason that such a basis of assessment is deemed to be discriminatory.

Very truly yours,

For the Secretary of State:
R. Walton Moore
  1. Neither printed.