Foreign Relations of the United States: Diplomatic Papers, 1942, Europe, Volume II

851R.01/51

Agreement Between General Mark Clark and Admiral François Darlan, Signed at Algiers, November 22, 1942⁷⁸

Algiers, November 22, 1942

Preamble

The forces of the United States and their Supporting Allies have landed in French North Africa for the purpose of preventing the domination of this territory by German and Italian forces and their Allies and for carrying on the war for the defeat of the Axis powers.

By a common agreement among leading French officials in French North Africa, a High Commissioner in French Africa has been established in the person of Admiral of the Fleet François Darlan.

It has been agreed by all French elements concerned and United States military authorities that French forces will aid and support the forces of the United States and their allies to expel from the soil of Africa the common enemy, to liberate France and to restore integrally the French Empire. In order that this high purpose may be accomplished, and to make appropriate arrangements for the presence in North Africa of large forces of the United States and its allies, the following agreement is entered into at Algiers this 22nd day of November 1942.

I —There shall be the closest cooperation between the Commander-in-Chief of the French Land, Sea and Air forces and the Commanding General United States Army and supporting forces to accomplish the purpose set forth above.

II —The status, command, functions, employment, rights and privileges of French land, sea and air forces will remain under French direction. Such forces will continue in the service of internal security and will be employed, in cooperation with the forces of the United States and its allies, in driving Axis forces from French African territory and in protecting it from further violation by them. All movements of French military, naval or air forces from their normal stations will be notified to the Commanding General of the United States Army by the French command.

III —French governmental personnel will continue in the performance of their functions with loyalty to the purpose of the forces under the command of the Commanding General, United States Army and supporting forces. Such government personnel will take such measures as are necessary for the maintenance of order and public administrative services throughout the territory in consultation with the Commanding General of the United States Army.

IV —The control and command of all landing and other facilities for aircraft, harbor and port facilities, defenses, fortifications and arsenals will be available to the Commanding General of the United States Army, and supporting forces, for the purpose set forth in the preamble hereof. The control of these facilities will not involve the use of French personnel without the consent of the French authorities.

V —Full information will be given as to the location of all facilities, installations, equipment and devices (such as airfields, antiaircraft batteries, observation posts, radio-location and other technical observing stations, minefields, tank traps, military, naval and air force stores, fuel, supplies and equipment, etc.) which may be a hindrance or useful to the purpose of the forces under the command of the Commanding General, United States Army and supporting forces.

VI —All telecommunication services will be operated and maintained normally by the French authorities. The United States military forces and supporting Allies will have the unrestricted use of the telecommunication services insofar as may be required for military purpose.

VII —French warships shall operate in close cooperation with the Commanding General, United States Army or allied representatives acting with his approval for the accomplishment of the purpose set forth in the preamble hereof. Such warships will continue to fly the French flag and be placed under French command, and will retain such personnel and equipment, and will be provided with fuel and all necessary supplies to enable them to become effective fighting units.

VIII —All French merchant vessels in the harbors of French North Africa or those which in the future may enter those harbors will be operated by crews, preferably French, under the French flag in cooperation with the Commanding General, United States Army or allied representatives acting with his approval. Such operations shall be by charter with the public or private owners. Such chartered vessels will be employed in the service of the United Nations to take part in the war effort against the Axis.

IX —All port facilities, harbor and naval installations and establishments in French North Africa, together with their records, will be placed intact at the disposal of the Commanding General, United States Army or allied representatives acting with his approval, all remaining under French Command, subject to the provisions of Par. IV above, and such assistance as he may require will be rendered to allow proper maintenance and operation of all machinery and fittings.

X —In North Africa, requisitioning of billets, supplies, lands, buildings, transportation and services for the military needs of the forces under command of the Commanding General, United States Army is authorized, if not procurable by agreement promptly, in sufficient quantities and fair prices. Requisitions will be made only by authorization of the Commanding Officer of the troops in the locality and upon the Mayor or other appropriate civil authorities, but may be upon individuals in cases of necessity. Payment will be made at once in cash or in voucher payable in cash by the disbursing Officer of the Army to which the officer belongs and upon whose authority the requisition is issued. Prices will be the fair market value to be fixed by agreement if possible, otherwise by the requisitioning military authority.

XI —The authorities in French North Africa will furnish the Commanding General, United States Army with a list of all persons of whatsoever nationality who have been placed under restriction, detention or sentence (including persons sentenced in absentia) on account of their dealings or sympathies with the United Nations. Those still under restriction or detention will be released when the Commanding General, United States Army, so directs.

XII —All service personnel and merchant seamen of any of the United Nations who are interned in French North Africa will be released forthwith and transferred as the Commanding General, United States Army may direct.

XIII —The authorities in French North Africa will take such measures as the Commanding General, United States Army, may deem appropriate with regard to the control of foreign property and of the persons and property of foreign nationals, neutral consular officers and such other persons as the Commanding General, United States Army, may direct.

XIV —In North Africa no tax, direct or indirect, will be collected upon the property of the United States, the Allied Governments, their representatives and civilian employees, governmental agencies or authorized welfare organizations; nor will any tax be collected upon any purchase from, sale to, or any transaction of any kind with the United States Government, its Allied Governments, their representatives, civilian employees, agencies or organizations.

XV —The Commanding General, United States Army, the forces under his command and supporting forces and their legal Governments, the representatives of their governments and civilian employees of these governments shall enjoy extraterritorial privileges and be exempt from the jurisdiction and immune to the process of the courts, civil and criminal, of the territory.

XVI —In North Africa areas deemed by the Commanding General, United States Army, to be of importance or useful to the purpose set forth in the preamble hereof, from time to time, may be declared by him to be military areas under his control whereupon the maintenance of order and administrative and public services in such areas shall come under the direct control of such Commanding General. The French authorities will be promptly notified in the event that such a step becomes necessary.

XVII —If the internal situation at any time be such as in his opinion to endanger his lines of communication or threaten disorder the Commanding General, United States Army will inform the French authorities of such danger and the French authorities will undertake, in concert with him, such administrative and other measures as may be necessary for the protection of the military interests of the forces under his command and supporting forces.

XVIII —The Commanding General, United States Army, will appoint such military, naval, air and economic and branch Missions as he may deem requisite to regulate, in liaison with such agency or agencies, as the local authorities will institute for this purpose, the application of the present accord.

XIX —There shall be immediately appointed a Joint Economic Commission which will be charged with the study of the economic needs of French North Africa. The Commission will suggest such measures as may seem appropriate to it regarding exportation and importation, as well as for the increase of agricultural production, as well as for the establishment of economic stability, and the creation of prosperity in French North African territories.

XX —A Joint censorship commission shall be established. It will extend its action to the press, radio broadcasts, telecommunications, postal services and all public means for the dissemination of information and shall operate in full conformity with the common purpose set forth in the preamble hereof. The French members of the Commission will be appointed by the High Commissioner.

XXI —The foregoing arrangements will be drawn up in the English and French languages. The English text is authoritative.

78. Copy transmitted to the Department of State by Mr. Murphy under covering letter of December 5; received December 28. A draft of the agreement, then titled “Protocol Number One,” was circulated in the Combined Chiefs of Staff on November 20, 1942, and on the same day the Combined Chiefs of Staff informed General Eisenhower that the President had approved the draft but had added a condition regarding the avoidance, if possible, of the formal diplomatic term “Protocol” as the title of the agreement. The signed version varies slightly from the approved text. In C. C. S. 103/17, General Eisenhower’s comments precede Article I. In his statement, the Supreme Allied Commander set forth his views as follows:

    “Clear distinction must be drawn between the preamble to the agreement and the agreement itself. The first two paragraphs of the preamble merely recite facts that have led up to the present situation. The mention of Darlan’s name therein does not imply any obligations on the part of the Allied CINC to perpetuate Darlan in any position or to support him therein. Paragraph three of preamble is a recitation of the purposes commonly agreed upon between the Commander in Chief and the North African Commission, for which the subsequent agreement is made. Purposes recited extend beyond the immediate responsibility, mission, (and) Territory of the Allied Commander in Chief, but they are taken almost verbatim from letters written by Murphy to various French officers in this region prior to November 8, when he was acting as the personal representative here of the President of the United States.

    Attention is invited, also, to the fact that this agreement is merely one between a Commander in the field and a Commission which is exercising ordinary civil and military functions in the theater in which he is operating. Its terms are intended only to facilitate the operations of the Allied Forces brought here, although, naturally, accomplishment of this purpose involves certain economic and transportation features. Moreover, it should be pointed out that the Allied Commander in Chief, as the signatory authority on one side, is also the interpreter for his own force of the terms and language employed. In addition, the effort to gain the cooperation needed by the Allied force is not going to be the product of exact terminology and language. It is going to be represented in the success of the Allied Commander in Chief in galvanizing the local population and local military forces into action along the general lines indicated in this draft.” (851R.00/108½).