711.56371A/12–1750: Telegram
The Ambassador in France (Bruce) to the Secretary of State
top secret
priority
Paris, December 17, 1950—8 p. m.
3479. Please pass immediately Navy for CNO and Air Force for McCone.
This message transmits proposed text Port Lyautey agreement.
Subsequent message will contain Air Force Moroccan bases agreement
which though of necessity differently organized since Air Force must
cover certain matters covered for Navy in 1947 agreement exactly
parallels Lyautey agreement wherever applicable.
Please note that paragraph 9 reference customs exemption is subject
to modification and possibly even reduction to “best efforts” clause
depend results further Foreign Office and Treasury exploration as
well as previously reported. Secondly, we have tentatively agreed
that duration of agreement as established paragraph 3 will be
adjusted by exchange of notes so to conform with whatever shorter
period, if any, NATO Council may
recommend in blanket “facilities interchange” resolution still under
consideration by deputies; Text follows:
- 1.
- The Government of the USA
and the Government of the French Republic having agreed to
enlarge the naval and air installations of the US Navy at
Port Lyautey in order to facilitate the common defense
within the framework of the North Atlantic Pact, agree to
complement the technical agreement of 15 September 1947,
relative to this base in order to permit new construction
and an increased use of facilities.1
- 2.
- The technical agreements to be made in implementation of
this agreement will be worked out by the navies of the two
countries. The terms of the present agreement which may be
in conflict with the terms
[Page 1765]
of the agreement of 15 September 1947
shall prevail. Cases of disagreement will be submitted to
the Minister of Foreign Affairs and the US Embassy.
- 3.
- The present agreement will remain in effect during the
period of the validity of the North Atlantic Treaty, unless
the two governments decide beforehand to terminate it by
mutual consent, such decision being particularly appropriate
upon advice of the North Atlantic Council.
- 4.
- In witness whereof the respective plenipotentiaries have
affixed their signatures and seals to the present
agreement.
Done in duplicate in English and French, the two texts equally valid.
At Paris December—, 1950.
Annex I
Financing mid implementation.
- 1.
- The French Government shall put at the disposition of the
US Navy without giving rise to costs or compensations the
necessary areas for the carrying out of the contemplated
works at Port Lyautey. These areas as well as the fixed
properties which are there or which may be constructed there
shall remain under all circumstances the property of the
French Government and as such will be under the
administration of the appropriate French governmental agency
subject to use and occupancy arrangements for the duration
of this agreement to be made between the US Navy and the
French Navy in the technical agreements provided for in
paragraph two (2) of the agreement to which this is attached
as Annex I.
- At the expiration of the present agreement or upon written
notification by the US Navy of its relinquishment of the
facilities contemplated by this agreement these areas as
well as all installations and fixed improvements or other
permanent improvements which shall be situated or
constructed there shall be relinquished to the French Navy
or shall revert to it in some other manner without giving
rise to costs, rights or compensations. The US Navy will,
however, have the right at all times to remove all supplies,
equipment and provisions or other movable property belonging
to the US which are at any time during the period of this
agreement located in the areas in question; provided that no
equipment essential to the operation or maintenance of the
airport or seaplane base shall be removed prior to the
expiration of this agreement without the agreement of the
French Navy.
- 2.
- Due to the practical problems involved in the contemplated
construction and financing thereof the US Navy will be
responsible for the execution of and payment for the
contemplated construction and
[Page 1766]
to this end will be permitted to use
the services of an American principal contractor.
- 3.
- The construction will be carried out on the French state
owned land in Morocco. The contract between the US Navy and
principal American contractor will accordingly be signed or
approved by the French Government. Such signature or
approval will not involve any financial responsibility of
the French Government but will be for the purpose of
recording its authorization to undertake the
construction.
- 4.
- The principal American contractor will preferably procure
on Moroccan territory the goods and services necessary to
the construction of the base, whenever these goods and
services can be there obtained readily, and in required
quantity and quality at prices not exceeding those
obtainable elsewhere, it being understood that the latter
will be calculated on a CIF basis, i.e., will include
transportation costs.
- 5.
- A local French liaison mission attached to the central
liaison mission in Paris will be established to aid and
advise the American Navy or their representatives in the
preparation of local contracts. This mission will have the
following primary responsibilities:
-
a.
- It will act as intermediary between the principal
American contractor and local subcontractors with
whom the principal American contractor may deal if
the latter does not execute the work itself. It will
particularly see to it that French and Sheriffian
laws and interests are respected. It will approve
the choice of local subcontractors and in cases
where competitive bidding is necessary it will have
the right to disapprove any prospective local
bidder. It will also approve before signing proposed
contracts between the principal American contractor
and a corporation or individual subject to the
French or Sheriffian law.
-
b.
- The liaison mission may also if the principal
American contractor agrees, give necessary
instructions in order that any subcontracts
contemplated in subparagraph “a” above may be signed jointly by the
principal American contractor and the French service
on the one hand and the local subcontractor on the
other hand.
- 6.
- The principal American contractor and his representatives
as well as all persons employed by him who are not members
of the American armed forces will not benefit from the
privileges granted to the members of said forces in the
agreement dated 6 November 1950, (Annex I) but will be
subject to local laws.2
- 7.
- In cases of emergency the principal American contractor
may procure locally supplies, facilities and services which
are required at the time, in accordance with a procedure to
be agreed upon between the chief of the French liaison
mission and the principal American contractor.
- 8.
- The US Navy or the principal American contractor will be
responsible for payment for work, goods, and services
procured in Moroccan territory. Such payments will be made
in conformity with Moroccan regulations, specifically so far
as price and exchange control are concerned. A procedure
will be worked out by agreement between the US Navy, the
liaison mission, and the State Bank of Morocco to provide
that payments to local subcontractors will be made by a
bankers draft signed by the bank and delivered against
receipts in the form required by applicable US Government
regulations. Franc expenditures shall be covered by
[apparent garble] an account opened at the State Bank of
Morocco maintained as stipulated by the Moroccan exchange
regulations; moreover it is understood that the principal
American contractor will submit to the French liaison
mission copies of the periodical accounting and supporting
documents which it will submit to the US Navy Department in
connection with its reimbursement for the work done in
Morocco for the construction of the Port Lyautey
base.
- 9.
- No import, excise, consumption or other tax or duty shall
be charged on material, equipment, supplies or goods
including food stores and clothing for exclusive use in the
construction, maintenance or operation of the base covered
by this agreement consigned to or destined for the US
authorities or any contractor engaged in such construction,
maintenance or operation and certified by the US to be for
such purposes.
- 10.
- The US Navy will request the principal American contractor
to engage the services of a French or Moroccan legal advisor
approved by the French Protectorate authorities.
Annex II
Radio.
A technical agreement between the American naval authorities and
the competent French naval authority will determine the
modifications of the provisions of the agreement of 15 September
1947 concerning the establishment and use of radio facilities of
the aero-naval base at Port Lyautey which the execution of the
works, the increase of air traffic or other causes might render
necessary.
[Page 1768]
Annex III
Base operations.
The technical agreement to be entered into between the US Navy
and the French Navy shall explicitly set forth that the airport
and seaplane base shall remain under the French flag and
command, and that local air traffic control will remain the
responsibility of the French authorities. The movements of
formations of combat aircraft will be subject to prior
notification by the American naval commanding officer at Port
Lyautey to the French airbase commander at Port Lyautey, in
accordance with a procedure to be determined between the two
navies. The French Navy will be responsible for the safeguarding
of naval installations at Port Lyautey as a whole. The US Navy,
on the other hand, will be responsible for internal security in
the areas or enclosures occupied by it. Each navy shall maintain
and repair the buildings and facilities which it occupies or
uses exclusively. The cost of operating and maintaining the
facilities mutually used at the base at Port Lyautey will be
equitably divided in accordance with a formula to be set forth
in a technical agreement. End text.
Service representatives concur in recommending urgent approval of
Departments Defense and State and authority Ambassador to sign
both agreements.3
Repeated information Wiesbaden for CINCAFE 16, London for CINCNELM 850.
