121.67/3686
The Ambassador in Spain (Hayes) to
the Secretary of State
No. 1026
Madrid, June 24,
1943.
[Received July 5.]
Sir: I have the honor to refer to my telegram
No. 1495 of 2 p.m., June 5, 1943,12 in response to the
Department’s telegram No. 1251, 10 a.m., June 2, regarding the detention
on May 20 by Spanish customs officers at Arbaoua of two American
couriers en route from Tangier to Rabat.
A copy of my Note of protest, No. 1014 dated June 4, to the Foreign
Minister and a copy and translation of his reply dated June 16 are
enclosed.
Respectfully yours,
[Page 728]
[Enclosure 1]
The American Ambassador (Hayes) to the Spanish Minister for Foreign Affairs
(Jordana)
No. 1014
Madrid, June 4,
1943.
Excellency: I have the honor to inform
Your Excellency that on May 20, 1943, two United States diplomatic
couriers, bearing diplomatic passports and properly documented, were
detained by the Spanish customs authorities at Arbaoua, en route to
Rabat from Tangier, from 2:30 p.m. until 11:40 p.m., during which
time their clothing was partially removed from them and their
persons searched, they were prevented from communicating with
Tangier, and otherwise subjected to indignities in flagrant
violation of the treatment which diplomatic couriers are entitled to
receive from friendly governments. As a result of this offensive
treatment, official urgent communications of the Government of the
United States were delayed in transmission.
Under instructions from my Government, I protest against this
unwarranted and unfriendly treatment of our diplomatic couriers, and
request formal and firm assurances that, in the future, such
couriers will be unmolested and will not be delayed in any way, and
that measures will be taken to punish the officials or employees
responsible for the incident referred to.
I avail myself [etc.]
[Enclosure 2—Translation]
The Spanish Minister for Foreign Affairs
(Jordana) to the American
Ambassador (Hayes)13
No. 373
Madrid, June 16,
1943.
Mr. Ambassador: I have the honor to reply
to Your Excellency’s Note No. 1014 of June 4, regarding the
detention for several hours at the Arbaua Customs of two American
diplomatic couriers who, in company with their wives, were
proceeding from Tangier to Rabat May 20.
The accounts received at this Ministry establish that the Spanish
customs Authorities did in fact place difficulties in the way of the
[Page 729]
aforesaid couriers.
The reason for these difficulties was that the certificate prepared
by the Legation of the United States at Tangier referred only to
five pouches, which being official were at all times respected.
However, the couriers also endeavored to cover as official material
two large briefcases which were not closed and sealed by the
Legation, nor included in the certificate covering the five pouches
mentioned. When the Spanish customs officials attempted to explain
this to the American couriers, they reacted warmly, beginning a
forcible discussion which deprived the Spanish officials of the
possibility of indulgence, for any exemption would then have
appeared as being imposed by the strong attitude of the couriers.
Unfortunately, the telephone connection between Arbaua and Tangier
was interrupted, and the Customs were unable to talk with the
Spanish Consulate General at Tangier. Instead, the Rabat Consulate
General at once intervened with obvious good intention, taking the
steps necessary to terminate the incident, as in fact took
place.
For the reasons expressed, it is not a matter of having placed
difficulties in the transmission of American official
correspondence. The intention of the Spanish officials was to avoid
abuse of immunity through packages which bore no guarantee whatever
of their official status. The Embassy of the United States may rest
assured that at all times there have been and will be respected
official sacks duly sealed and included in the certification which
is customarily delivered by the Representation of the United States
at Tangier.
I seize this opportunity [etc.]
