194. Memorandum From the Legal Adviser of the Department of State (Phleger) to the Secretary of State1
Washington, June 6,
1956.
SUBJECT
- Moroccan Bases
- 1.
- The attached paper2 makes no mention about the legal rights of the U.S., if any, to these bases as against the Moroccan Government, but assumes as the basis for starting negotiations that we have no rights.
- 2.
- While such rights as the United States may have as against Morocco are unclear, it certainly seems unwise to start these negotiations without asserting and retaining any and all rights that the United States in fact may have. There is no objection to negotiating with Morocco for a readjustment of the base rights, having in mind its new sovereignty, but it would seem this should not be done on the basis that we do not have any rights vis-à-vis Morocco.
- 3.
- Some one in the United States Government made the agreement for these bases, and on the strength of this agreement the U.S. has spent more than $400 million. It can be imagined what criticism will be directed against those who made the agreement and expended these funds, if the U.S. now takes the position, or finds itself in the position, of having no rights to continue in occupation of the bases.
- 4.
- I suggest that whoever negotiated the agreement3 should be called upon to advise forthwith as to the legal theory on which the base agreements were made and what rights it is claimed the U.S. has as against Morocco and to continue in possession. Further, that any negotiations be so conducted as not to prejudice whatever legal rights the United States has—this to be done, however, in such a manner as not to unduly excite or offend the Moroccans, or prejudice the success of the negotiations.