Memorandum by the Secretary of State to the President 1
Memorandum for the President
Subject: Reference of the Question of United States Treaty Rights in French Morocco to the International Court of Justice at The Hague
The ECA Appropriations Act prohibits the use of any of the ERP funds for aid to any country if, “in the opinion of the President”, a dependent area of that country is failing to comply with any treaty between the United States and such dependent area.
This amendment is directed at French Morocco and requires a final resolution of long-smoldering differences between us and the French as to the extent of United States treaty rights there. With [Page 1755] State Department and ECA approval, the French have decided to refer the issues to the International Court of Justice.
I recommend that you withhold an expression of opinion regarding compliance with the treaties, pending the Court’s decision. It is appropriate for you to await the Court’s decision before you express an opinion on the issues before it.
Attached hereto is a memorandum giving a summary of the background of this matter and a press release which will be issued by the Department, if you concur.