The Secretary of State to the Ambassador in the United Kingdom (Winant)
1387. Embs despatch 27747, Jan 8. While we have not yet been consulted by French re next Tangier Conference we are of opinion that Three Power Declaration at end of Final Act cannot legally be considered overriding consideration in calling new Conference, In signing Final Act intention of American delegation was merely to take note of views of other Govts as set forth in respective declarations, and to regard reference to prior consultation by French Govt solely as a suggestion. Our view is therefore that from technical standpoint provisions of Article 2 Anglo-French Agreement and Resolution 1 of Final Act require French Govt to convoke Conference at Paris not later than April 11.
Nevertheless in view of obvious difficulties in meeting to decide permanent status of Tangier as long as Franco remains at head of Span Govt we are in agreement with general sense of Brit memo that Conference should not be held in immediate future. We expect of course that French in due course will determine attitude of other Govts by consultation as suggested in declaration.[Page 574]
We also agree with Brit that interim regime is working satisfactorily and that no need exists at present for undertaking final revision. Moreover, the legal validity of the continuance of the provisional admin beyond April 11 would appear to be adequately provided for by Article 1 of Anglo-French Agreement.
Sent to London as no. 1387; rptd Paris for Childs as no. 677; to Madrid as no. 199; to Tangier as no. 59; and to Moscow as No. 254.