Foreign Relations of the United States: Diplomatic Papers, 1944, The Near East, South Asia, and Africa, The Far East, Volume V

881.01/11–2044: Telegram

The Ambassador in Spain (Hayes) to the Secretary of State

Madrid, November 20, 1944—8 p.m.
[Received November 22—12:04 p.m.]

3802. Department’s airgram 585, October 30. The question of the future Spanish position in Tangier has not been brought up in conversation or otherwise between Embassy and Spanish Government officials both parties having studiously avoided this subject as have officials of the British Emb[assy].

It is my view that initiative in approaching subject appropriately should come from Statutory Powers⁹⁴ acting in concert, not from the United States. My reasons are:

(1) We are not a Statutory Power and have not participated in the international administration;⁹⁵

(2) We made no protest against Spanish occupation in June, 1940, and when the international administration was substantially ousted in November, 1940, we by implication gave credence to the unilateral undertaking given by Spain as to the temporary character of the occupation when we merely expressed the presumption that this further Spanish action would not conflict with the assurances given to the Statutory Powers in June;

(3) Following the Spanish announcement on December 1, 1940, of the incorporation of Tangier into the Spanish Zone, we limited ourselves to claiming most favored nation rights under the British modus vivendi of December 31 as confirmed by Spain on February 21, 1941;

(4) Our sole direct approach was in the Spartel Lighthouse Case in July, 1941,⁹⁶ when we reserved our rights but under the Convention of May 31, 1865.⁹⁷

Regarding last sentence of reference airgram, I believe that replacement of General Uriarte by a civil official as delegate of the High Commissioner at Tangier has more significance than the noted transfer of troops away from Tangier and Spanish North Africa. These two divisions (41st and 52d) were both provisional and had been sent to North Africa for protection of Spanish holdings during the supposed international emergency. Having long overstayed that emergency and become surplus they were transferred to the Pyrenees provinces where reinforcements were needed in view of the threats of incursion of Spanish irregulars from southwestern France.

Repeated to Tangier as 152.

Hayes

94. i.e., Great Britain, France, Spain, Italy, Belgium, the Netherlands. Portugal, and Sweden. Great Britain, France, and Spain signed the “Statute of Tangier” (Convention regarding the organization of the Statute of the Tangier Zone) at Paris, December 18, 1923; for text, see League of Nations Treaty Series, vol. xxviii, p. 541. These three countries, together with Italy, signed the Agreement revising this Convention at Paris July 25, 1928 (ibid., vol. lxxxvii, p. 211). Belgium, the Netherlands, Portugal, and Sweden later adhered to the Statute.
95. For correspondence on the reservation of American treaty rights with respect to the Statute of Tangier, see Foreign Relations, 1928, vol. iii, pp. 367 ff.
96. For the protest by the United States regarding the Spanish seizure of the Cape Spartel Lighthouse, see ibid., 1941, vol. iii, pp. 581 ff.
97. Convention as to Cape Spartel Lighthouse, signed at Tangier, May 31, 1865, William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776–1909 (Washington, Government Printing Office, 1910), vol. i, p. 1217. For correspondence relating to American participation in the Convention, see Foreign Relations, 1864, vol. iv, pp. 412 ff., passim, and ibid., 1865, vol. iii, pp. 350 ff, passim.