751G.5/12–2454: Telegram
The Secretary of State to the Embassy in France1
2323. Request you call on Foreign Office soonest determine French decision respect approval Collins–Ely memorandum understanding regarding training.2 If French have not yet approved you should make following points:
We consider French approval this matter highly important and hope can be given without delay. Ely–Collins memorandum is keystone effort create strong stable free Viet-Nam. Since memorandum must be negotiated with Government Viet-Nam after French approval, with further loss time required for such consideration, we are concerned over our ability smoothly take over direct budgetary support. Following termination French aid January 1, approval this agreement key.
We do not consider French approval contingent upon question legality raised by Mendes in Paris talks 18th3 concerning U.S. substitution training personnel for administrative personnel in MAAG, since that question not element memorandum of understanding. In case French raise again with you, suggest you say our legal advisors have studied that point and concluded there no legal restriction regarding substitution under terms Geneva Accord.
Since no legal point appears involved and we have no intention increasing our MAAG personnel over ceiling set by Geneva Accords, we hope early and favorable decision will be reached by French. We recall Mendes statement during November talks Washington that he would approve a solution worked out by General Collins and Ely.
FYI: We believe French concerned less over legality memorandum than at reaction by ICC to U.S. assuming training responsibilities which might arise out of Viet Minh complaint to that body. French might suggest to us or independently attempt secure declaratory decision from ICC prior granting French approval. We hope this development will not arise and you should make every effort seek early French approval regardless legal or ICC aspects. Indeed if French took delaying attitude that would gravely affect entire U.S. position.