Papers relating to the foreign relations of the United States, 1929, Volume III

881.843/5

The Diplomatic Agent and Consul General at Tangier (Blake) to the Secretary of State

Tangier, May 7, 1929.
[Received May 28.]

No. 389

Sir: I have the honor to transmit to the Department herewith, in the French text and in English translation, copy of a communication which I have received from the French Resident-General, as Minister for Foreign Affairs of His Shereefian Majesty, requesting that the tariff of the Tangier Port Concession Company be made applicable to American vessels, which call at the port of Tangier, in lieu of the rates now applied to them and referred to in Article 70 of the Act of Algeciras⁶⁴ for “Sojourn” and “Anchorage” dues.

The aforementioned “Sojourn” and “Anchorage” dues were fixed by the Treaty of 1856 between Great Britain and Morocco,⁶⁵ and the Act of Algeciras provides that they shall be increased, by agreement reached between the Diplomatic Corps and the Maghzen, after improvements shall have been effected in the ports of Morocco. The latter condition, so far as concerns the port of Tangier, may perhaps be considered as fulfilled, since port construction works are actually in process. It is also the opinion of the local authorities that the consent of the United States to apply the present tariff of the Port Concession Company would achieve the agreement spoken of in the Act of Algeciras in this connection, since all the other Powers have already, by means of their adhesion to the Tangier Convention,⁶⁶ and its clauses relative to the Port Concession, agreed to the new rates of the berth dues for vessels entering the Tangier Bay.

The dues now paid by American vessels visiting the port of Tangier, based on the tariff mentioned in the Act of Algeciras, amount to an aggregate sum of 22 Francs per vessel and per call. The tariff of the Port Concession Company at present in force, for the corresponding dues is on the basic rate of Francs 0.14 per ton and per call. The only American ships now calling regularly at Tangier, are those of the “Export Steamship Corporation,” which maintain a regular service of one vessel monthly from New York to this port. The average tonnage of these vessels is 3000 tons, so that, in lieu of the 22 Francs which they now pay, they would, on the new tariff, be called upon to pay to the Port Concession Company, for each call at Tangier, about 450 Francs. The application to American vessels of the new tariff would, therefore, scarcely afford any material relief to the Port Concession Company in respect of its onerous obligations on which the Resident-General of France, in his communication, has laid some emphasis. On the other hand, it is also true that the application of the new tariff would not constitute any hardship on American vessels. It would furthermore place them on the same footing, as regards port dues, as the vessels of all other nationalities, and acquiescence in the French Resident-General’s request might be recommended to the Department, were it not essential to give consideration, in this particular connection, to a situation involving important points of principle.

The French Resident-General points out that his request is made on behalf of the interests of the Tangier Port Concession Company, and the Department will no doubt deem that, in view of the position which it has taken in regard to the concession itself, (I refer to the Department’s Instruction with Enclosures No. 234 of December 6th, 1922, (File No. 881.156/54),⁶⁷ and to its exchange of telegrams with this Diplomatic Agency concluding with the Department’s cable Instruction No. 27 of June 30th, 1924, 1 p.m., to Mr. Rand)⁶⁷ that special caution should accompany any action of the American Government, in response to the Resident-General’s present solicitation.

This caution would appear to be the more imperative since, as the Department is aware, the Franco-Shereefian Authorities have subsequently, as for instance in the case of The Electric Power Concession, and the Bou-Arfa Railroad Concession, repeated the grant of concessions in conditions which formed the object of the protest formulated in 1922 and reiterated in 1924 by the American Government, in the matter of the Tangier Port Concession. Moreover, in connection with this very concession, I would, signalize a further violation of the Act of Algeciras which has recently been committed. The Department will recall that the concession of the Port was granted in 1921 to the “Société du Port de Tanger” and that subsequently, without elimination of features condemned in the Department’s protests, the grant was confirmed by specific clauses of the “Tangier Convention” of 1923. Shortly after the enforced application of the Convention in June 1924, the “Société du Port,” purporting to act in pursuance of the provisions of the Act of Algeciras and its pertinent regulations, caused the contract for the construction works to be put up for international adjudication. (It was on this occasion that the Department transmitted its telegraphic instruction to Mr. Rand, No. 27 of June 30th, 1924, 1 p.m., above mentioned.) The contract was let to a Franco-Belgian Construction Company, “La Société Nationale de Travaux Publics,” which commenced work a few months later, and carried on until the middle of 1928, when the Contractors informed “La Société du Port de Tanger” that their funds were exhausted and that they were unable to proceed to the completion of the contract. It would appear, according to the regulations concerning Public Works, under the Act of Algeciras, that in such contingency, the defaulting Contractors might have been made to forfeit their guarantee deposit, and that, in any case, the situation should have given rise to a new call for bids in respect of the works remaining to be carried out. This was not done, but instead, a private agreement was reached between the Port Concession Company and the building Contractors, by which the two parties amalgamated and the construction works have been carried on by the joint concern. Adjudication of further contracts for works have thus been definitely set aside, so far as the construction of the Tangier Harbor is concerned.

At the time this amalgamation project was under consideration by the Tangier Authorities, my British Colleague sounded me as to the attitude which I would assume, in regard thereto. I informed him that it was my firm conviction that the American Government could not do otherwise than emphatically oppose such derogation from the provisions of the Act of Algeciras. I heard nothing further of the matter either from my British Colleague or from any other of the members of the “Committee of Control,” but the scheme was eventually carried to realization, as above indicated, and without publicity. I have now learned that when the matter was considered by the Representatives of the Powers, sitting as the Committee of Control, the objection to this disregard of the terms of the Act of Algeciras was discussed, but that the French Engineer, Technical Adviser of the Maghzen, Delegate of the Shereefian Government on the “Tangier Port Commission,” was able to demonstrate that the proposed combination was permitted and was provided for, under the terms of the “Cahier des Charges” of the Concession, and it was consequently sanctioned by the “Committee of Control.”

It is obvious therefore that the Tangier Port Concession, not only violated the principle of the public international competition for concessions, which has already formed the subject of the protests of the American Government, but that it has subsequently been made the instrument to nullify the provisions of the Act of Algeciras in regard to international competition for contracts for the execution of public works.

It would seem impossible to take any action in the present connection, which should impair the position of principle taken on former occasions by the American Government on the question of the Tangier Port Concession, and I consequently venture respectfully to suggest the following alternatives:—

That I should be instructed, after bringing to the Maghzen’s attention the foregoing considerations, to inform the French Resident-General that the American Government, regrets that it feels constrained, in the support of the position which it has taken in connection with the question of the Tangier Port Concession, for the protection of rights under the economic principles of its treaties with Morocco, to defer its acquiescence in the application to American vessels of a tariff of dues, imposed in conditions which are at variance with the terms of the treaties. It could be pointed out that such action, while reaffirming the Department’s position, does not affect in any appreciable degree the material interests of any of the parties referred to in the communication of the Resident-General.

On the other hand, if, however, the Department would prefer to remove the existence of the discrimination, which results in favor of American vessels in the port of Tangier, by their continuing to pay the old dues, then, the new rates might be applied to American vessels, and the position of the Department simultaneously safeguarded, if the Department refused to allow the new berthing charges to be paid direct to the Port Concession Company—whose existence the American Government cannot legally recognize—but should direct that they be paid, either direct to the Sultan’s Representative in Tangier, or perhaps, preferably, to the American Legation in Tangier, to be transferred by periodical accumulations to the last mentioned Shereefian Authority.

In the event that the new tariff of berth dues is accepted, the stipulation would naturally be made that no further modification of the taxation would apply to American vessels without the previous consent of the American Government.

I have [etc.]

Maxwell Blake

[Enclosure—Translation]

The French Resident General in Morocco (Saint) to the American Diplomatic Agent and Consul General at Tangier (Blake)

Rabat, April 13, 1929.

No. 111–D

Mr. Diplomatic Agent: The attention of the Shereefian Government has just been called to the exceptional situation which exists in the port of Tangier from the fact that American vessels escape from the berth dues applied to the vessels of all other nationalities. There results on the one hand a prejudice which is not negligible for the Company entrusted with the exploitation of the port and on the other hand a privilege for the American flag as compared with other flags.

You are not unaware of the efforts made by the Concessionary Company of the works of the port to realize in Tangier the improvements expected by shipping and looked forward to by Tangier merchants; these efforts are of an onerous nature and oblige the Company to neglect no possible resource; it is therefore very desirous to see the concession tariffs relating to berths in the harbor made applicable to American nationals.

Prior to June 18th, 1925, on which date commenced the provisional exploitation by the Tangier Port Company, vessels were subjected, on taking up stations in the bay, to sojourn dues (2 Francs per vessel and per call at the port) and to anchorage dues (20 Francs); these dues being invariably added together and combined in practice, the aggregate charge was 22 Francs.

In the “Cahier des Charges” of the Company, berth (or sojourn) dues alone are contemplated, in conformity moreover with the spirit of the Act of Algeciras which, in its Article 70, appears to have assimilated the two terms “anchorage” and “sojourn” (berth). These berth dues are actually Francs 0.14 per ton and per journey (if paid by annual subscription Francs 2.10 per ton per year). At the end of the year vessels are granted a rebate calculated as follows:—

From	150	to	135	calls	at	the	port	5%
“	135	“	120	“	“	“	“	10%
“	120	“	105	“	“	“	“	15%
“	105	“	90	“	“	“	“	20%
“	90	“	75	“	“	“	“	25%
“	75	“	60	“	“	“	“	30%
“	60	“	45	“	“	“	“	35%
“	45	“	30	“	“	“	“	40%
“	30	“	20	“	“	“	“	45%
Below	20			“	“	“	“

For tourist vessels and those which effect at Tangier commercial operations other than the landing and embarkation of passengers and their baggage, including personal automobiles and furniture, the charge of Francs 0.14 is reduced to Francs 0.07 per ton and per journey. For fishing boats registered at the port of Tangier, and for service boats sojourning habitually inside the Port, the berth dues above indicated are substituted by an annual subscription of Francs 4.20 per net ton burden.

I am certain that I respond to the unanimous desire of the exploiters and of the users of the Port of Tangier, in requesting you to be good enough to obtain from your Government, as the latter has obligingly done with respect to other taxes created in Tangier, the authorization to render applicable the tariff of berth dues to American vessels putting into the port of Tangier.

I express this desire to you also in the name of the Shereefian Government and in my capacity as Minister for Foreign Affairs of His Majesty the Sultan who is extremely anxious to see the Port of Tangier develop and that organization adapt itself to the needs of modern navigation.

Please accept [etc.]

Lucien Saint

64. General Act of the International Conference of Algeciras, signed April 7, 1906; ibid., 1906, pt. 2, pp. 1495, 1506.
65. Convention of Commerce and Navigation between Great Britain and Morocco, signed at Tangier, December 9, 1856; British and Foreign State Papers, vol. xlvi, p. 188.
66. Convention between Spain, France, and Great Britain regarding the organization of the Statute of the Tangier Zone, with protocol relating to two dahirs concerning the administration of the Tangier Zone and the organization of international jurisdiction at Tangier, signed at Paris, December 18, 1923; League of Nations Treaty Series, vol. xxviii, p. 541.
67. Not printed.
67. Not printed.