Foreign Relations of the United States, 1955–1957, Africa, Volume XVIII

186. Memorandum From the Assistant Secretary of State for Near Eastern, South Asian, and African Affairs (Allen) to the Secretary of State ¹

Washington , January 5, 1956.

SUBJECT

• Announcement of United States Intention to Terminate Rights of Extraterritorial Jurisdiction in Morocco

Discussion:

On December 31, 1955, in the course of a press interview, Abderrahim Bouabid, Minister of State without portfolio in the new Moroccan Cabinet² and leading nationalist member of the delegation which will shortly begin negotiations with the French for Moroccan independence, called for “the end of legal privileges still enjoyed by Americans in the Protectorate.” He is reported to have said that capitulations are incompatible with Moroccan independence, and that American citizens should cease to constitute a juridical minority.

The rights of extraterritorial jurisdiction in question were given to the United States by Morocco in the Treaty of 1836 and were later expanded through the effect of other international agreements concluded by Morocco, the most-favored-nation clause and custom and usage.

The United States still exercises extraterritorial jurisdiction in Morocco, although not on a uniform basis in all zones. The British still continue to claim extraterritorial jurisdiction in the Spanish Zone of Morocco. The British are now negotiating the termination of these rights. In the French Zone and in the Tangier Zone, only the United States exercises extraterritorial jurisdiction.

Extraterritorial jurisdiction has, for a long time, been a symbol of colonialism. The United States has renounced its right of extraterritorial jurisdiction in all other countries of the world where it possessed them (China, Korea, Japan, Egypt, Turkey, et cetera).

So long as the French were in complete control of Morocco, the Moroccans supported the maintenance by the United States of its rights of extraterritorial jurisdiction. Now that Moroccans are moving rapidly toward independence and toward a greater voice in the conduct of foreign affairs, they want to get rid of the anachronism of extraterritoriality.

With the French already committed to leading Morocco to independent status, we cannot afford to lag behind by hanging onto this vestige of colonialism, which would be incompatible with our policy and which has ceased to be acceptable to the Moroccans as a counterweight to French rights. The continued exercise of this right would of course open us to being pilloried by Soviet propaganda. Above all, we must move promptly in order to avoid the appearance of surrendering this right involuntarily and under pressure from the Moroccans.

Recommendation:

Since the rights involved are, to a large extent, rights in treaties ratified with the advice and consent of the Senate, I recommend that the Department inform the Senate Foreign Relations Committee and possibly also the House Foreign Affairs Committee, through their Chairmen, of our intention to terminate the exercise of extraterritorial jurisdiction in Morocco.

Unless the Committee registers very strong objection, and if the circumstances at that time are appropriate, I recommend that the Department make a public announcement of its intention. I enclose a preliminary suggestion of such a statement, a copy of which we should furnish the French shortly before release, as a matter of courtesy.³

The exact procedure by which this intention should be carried out and the time at which it should be done will depend in part on the progress of the Franco-Moroccan negotiations and can be worked out in detail later.

1. Source: Department of State, AF/AFN Files: Lot 60 D 577, “Morocco” Folder 19. Confidential. Drafted by Bovey and Sweeney.
2. The government of Prime Minister M’barek Bekkai was sworn in by the Sultan on December 7.
3. At a meeting on January 10, Dulles informed the President that the Department of State was considering an expression of willingness to surrender capitulations. On the understanding that only civilians would have their status changed, the President concurred. (Eisenhower Library, Dulles Papers, Meetings with the President) The Chairman of the Senate Foreign Relations Committee, Senator Walter F. George, was notified on January 24. Two days later the Department issued a statement declaring that it was U.S. policy to relinquish extraterritorial jurisdiction in Morocco at the appropriate time and that the Department would request Congressional action to that end. For text, see American Foreign Policy: Current Documents, 1956, pp. 707–708.