881.00/5–1245

The Department of State to the British Embassy

Aide-Mémoire

The Government of the United States has given careful study to the British Embassy’s Aide-Mémoire dated May 12, 1945, concerning the present illegal occupation of the International Zone of Tangier by the Spanish Government, in regard to measures to be taken for terminating it as soon as possible, and in regard to the restoration of a truly international regime which would avoid the defects of the old 1923 Convention and afford greater equality of status among the Powers concerned. For the establishment of such an international regime the Government of the United States would favor the convocation as soon as practicable of a conference of the interested Powers.

Pending the establishment of a permanent regime the Government of the United States agrees with the view of the British Government that a temporary military regime should be established, which should take into account the regime in force prior to the Spanish occupation but modified by the altered situation resulting from the war. The actions and the operations of the interim regime should be a matter for determination by the commander of the occupying forces, to whom the administration of the Zone would be temporarily entrusted. In the conduct of this regime the military authorities should be under instruction to consult the local consular representatives of the Powers concerned. The military authorities would, however, be solely responsible for the decisions taken.

In the opinion of this Government only a small number of troops would be required to effect the military occupation and these troops would be American, British and French with a Spanish contingent.

It would seem appropriate that the laws of the former international [Page 613] regime should be applied except in so far as the military administrators find changes to be necessary in view of the altered situation; that the laws promulgated during the illegal Spanish occupation should be voided as quickly as possible; and that the laws could be supplemented, during the interim regime, by military decree. In other words any alteration in the administration of the regime in Tangier could, and would, be made by the military authorities on a purely provisional basis. In the circumstances it would appear unnecessary to consult with the signatories of the 1923 Convention in regard to the modus operandi of the interim regime.

The Government of the United States considers, however, that it would be desirable upon beginning the military occupation, to notify the interested Powers that their interests will be fully respected pending the eventual establishment of a new permanent international regime. The interested Powers should also be informed at an early date that it is proposed to invite them as soon as practicable to attend a conference at which the new permanent international regime would be established.

The Spanish Government should, as soon as may be practicable, be requested to withdraw from its present usurped position in the Zone. Spanish consent thereto should be obtained by a simultaneous approach made without delay by the three Governments most closely concerned, namely, those of the United States, Great Britain, and France.

The Government of the United States likewise has information similar to that contained in the Aide-Mémoire to the effect that the Spanish Government seems to realize that in view of the termination of hostilities in Europe it must abandon its occupation of the Zone and will be prepared to see the revival of an international regime, provided Spanish interests in the Zone receive reasonable consideration and adequate representation.

The Governments of the United States and the United Kingdom appear to be in broad and substantial agreement as to the steps which should be taken immediately. Therefore a further approach to the French Government should be made promptly in order to obtain its agreement in principle, and to concert action, which should begin with early simultaneous communications addressed to Spain by the three Governments, requesting the termination of its illegal occupation and setting forth the views of the three Governments. Upon receiving the acquiescence of the Spanish Government, the four Powers might at once initiate discussions on this subject.