811.20 Defense (M) Portugal/139: Telegram
The Minister in Portugal (Fish) to the Secretary of State
[Received August 13—4:48 p.m.]
1040. Department’s 1097, August 11, 7 p.m.1 The text of wolfram agreement has been drafted and agreed upon in form of an exchange of notes and is based upon pertinent parts of our memorandum of July 23 (despatch No. 533, July 242)and the Portuguese memorandum in reply of July 28 (despatch No. 538, July 292) with the new proviso referred to in Legation’s telegram No. 1016 of August 8, 1 p.m.2
The Portuguese Government has insisted that all direct references to Germany including the description of the German mines be omitted with the result there is no stated limitation on the extent of the mines allocated to Germany in the notes. Fernandes3 maintains that his Government has no intention of changing the German allocated mines but will not embody this assertion in the written agreement. Accordingly the British and American delegates have today sent to Fernandes the following letter which is designed to bridge this gap:
“As you are aware Doctor Sampayo4 informed Sir Ronald Campbell5 last night that the Portuguese Government did not feel able to agree to a change in the draft wolfram agreement designed to define the words ‘free mines’ appearing in clause (g). Both Sir Ronald Campbell and Mr. Fish felt that some definition of this phrase in the agreement was necessitated by the omission in accordance with your desire of clause (f) of the rough draft which was handed you on August 5 as a basis for discussion. You will appreciate that by omitting reasons for reference to the mines allocated to other countries the free mines were left undefined.
Nevertheless we have since been looking over our files and we observed that you gave a precise definition of the mines which were to [Page 222] be regarded as foreign at our fifth meeting on May 7 last adding (as you will remember) that the Portuguese Government would not recognize for the purpose of the classification of mines as German or English any purchases or investment of foreign capital in Portugal mines made after January 24, 1942. Sir Ronald Campbell and Mr. Fish now agree that this statement, coupled with the explanations given in paragraph 1 (b) of the Portuguese Government’s memorandum of July 28, amounts in effect to a definition of the phrase ‘free mines’ by making it clear which mines are not free. That being so we have been authorized by Sir Ronald Campbell and Mr. Fish to let you know that they are ready to proceed with the exchange of notes as soon as you wish.
Perhaps we could arrange the formalities of signature by telephone?”
In this connection, reference is made to paragraphs numbered 2, 7, 9, Department’s telegram 998, July 18, 7 p.m.6
- Not printed; in this telegram the Department authorized the Minister to sign the wolfram agreement (811.20 Defense (M) Portugal/121).↩
- Not printed.↩
- Not printed.↩
- Not printed.↩
- Col. Tomaz Fernandes, member of the Portuguese delegation.↩
- Teixeira de Sampayo, Portuguese Secretary General for Foreign Affairs.↩
- British Ambassador in Portugal.↩
- Not printed.↩