852.711/107
The Chargé at Tangier (Childs) to the
Secretary of State
No. 970
Tangier, August 13,
1942.
[Received August 24.]
Sir: I have the honor to refer to my despatch
no. 928 of July 29, 1942 concerning a claim asserted by the Spanish
authorities in Chargé of the Moroccan Customs of their right to open
official packages addressed to the American Legation, and to transmit
herewith a copy of a note dated August 11, 1942 together with a
translation, which I have received from General Uriarte, Delegate in
Tangier of the Spanish High Commissioner, in reply to my last
communication on this subject.
I likewise enclose a copy of my reply. I believe the Department will find
the enclosed correspondence self-explanatory. It will be noted that
General Uriarte has stated that the question is being submitted to the
Madrid government “for the purpose of eliciting the rule to be followed
in practice”.
My British colleague has shown me the text of a practically identical
note dated August 11, 1942, which he has received from General Uriarte.
In transmitting it to his Foreign Office he comments on it as follows:
“It remains to be seen what decision is taken by the Spanish
authorities in Madrid with regard to the question of the
interpretation of the Treaties in question. Meanwhile, however,
articles of various kinds, which have been addressed to me
officially and privately, are accumulating in the go-downs of
the Tangier port, and unless I can receive a reply fairly soon
from the Spanish authorities, I shall be obliged to permit the
authorities to examine the said articles, but under full
reserves, and pending a final decision of the question at
issue.”
[Page 501]
A copy of this despatch is being communicated to our Embassy in Madrid
and it is suggested that the Department may find it desirable to
indicate its own views on this subject to the Embassy.
Respectfully yours,
[Enclosure 1—Translation]
General Jenaro
Uriarte, Delegate in Tangier of the Spanish High
Commissioner for Morocco, to the American Chargé at Tangier
(Childs)
No. 514
Tangier, August 11,
1942.
Mr. Consul General and Dear Friend:
Reference is made to your communication dated July 29 last addressed
to the Consul of Spain in this city concerning the position which
you take on the question of the inspection by our customs service of
seven postal packets received by the administration of the Spanish
Post Office and consigned to your Consulate General.
In respect of the measure adopted by the customs service, I would
inform you that this proceeds from the fulfilment of regulation
duties which are in accordance with those very conventions to which
your Consulate General refers in its last note (Article 3 of the
Anglo-Moroccan Treaty of 1856 and Article 3 of the Spanish Moroccan
Treaty of 1861) the letter and spirit of which are neither
contradictory nor contrary to customs inspection of the
merchandise.
It should be repeated that the immunity of the diplomatic pouch,
which is not contested, must be distinguished from the remission of
customs duties conceded to foreign diplomatic representatives
(custom franchise) in respect of articles or objects for their
personal use or for that of their families. Any assimilation of the
immunity referred to with the last mentioned prerogative is deemed
by this Delegation to proceed from an erroneous interpretation of
the treaties.
On these grounds therefore, and for the purpose of eliciting the rule
to be followed in practice, I am consulting the superior authorities
in the matter while, at the same time, submitting to them your views
as to the interpretation of the treaties under reference.
Please accept [etc.]
[Enclosure 2]
The American Chargé at Tangier (Childs) to General Jenaro
Uriarte, Delegate in Tangier of the Spanish High
Commissioner for Morocco
Tangier, August 13,
1942.
My Dear General Uriarte: Acknowledgment is
made of your kind communication of August 11, 1942 in reference to
my note of
[Page 502]
July 29, 1942
addressed to my honorable Colleague of Spain in Tangier in which, on
the grounds of treaty, custom and usage I claimed exemption from
customs examination of all parcels consigned to this mission or to
the American Consulate General.
In reply I would inform you that I am unable to concur in your
suggestion that my objection to such examination proceeds from an
error in the interpretation of the treaty provisions under
reference, (Article 3 of the Anglo-Moroccan Treaty of 1856 and
Article 3 of the Spanish-Moroccan Treaty of 1861) an interpretation
which, moreover, is sanctioned by the unvaried application of these
provisions in practice by the Moroccan Customs Administration for
close on a century.
I note, however, that you are submitting this question to the
consideration of your superior authorities and I would inform you
that I am likewise transmitting to my Government the views expressed
on both sides in the correspondence exchanged between us on the
subject.
With kind personal regards,
Sincerely yours,
