781.003/211
The Chief of the Division of Near Eastern Affairs (Murray) to the Counselor of Embassy in the United Kingdom (Johnson)
Dear Herschel: We have found very interesting your letter of April 17, 1939, transmitting the preliminary views of the Foreign Office with reference to the representations made by the Italian Government in respect of the Anglo-French Commercial Treaty of July 18, 1938, concerning French Morocco.
[Page 657]There is one further question in connection with that treaty which we would appreciate your pursuing informally with the Foreign Office, namely whether it is expected that the treaty may enter into force independently of the conclusion of similar agreements by the French Government with the other signatories of the Act of Algeciras or subject to the conclusion of such agreements at least with Spain and the United States. It may be observed in that connection that so far as our information goes the instruments of ratification of the Anglo-French Treaty in question have not yet been exchanged. We presume that the delay in the exchange of such ratifications is probably due to the desire of the British to defer making the treaty effective until France has made comparable arrangements with those countries which possess treaty rights in French Morocco which would be infringed by the introduction of quotas or the raising of Moroccan duties above the present bound level in the absence of their express consent.
As you may be aware, the binding of Moroccan customs duties at ten percent (plus a special tax of two and one-half percent admitted by Article 66 of the Act of Algeciras) rests on Article 7 of the British-Moroccan Convention of Commerce and Navigation of December 9, 185632 (abrogated by Article 15 of the unratified Anglo-French Treaty of July 18, 1938, as regards the French Zone and also as regards the Tangier Zone when the treaty may be extended to the latter Zone), and on Article 50 of the Spanish-Moroccan Treaty of Commerce of November 20, 1861.33 The benefit of these bindings was extended to other countries through the most-favored-nation provisions of the treaty engagements concluded with them by Morocco. Consequently, even after the entrance into effect of the Anglo-French Treaty of July 18, 1938, it would still be necessary, it seems to us, for the French Government to obtain abrogation of at least Article 50 of the Spanish-Moroccan Treaty of Commerce of November 20, 1861 as one among possibly other conditions to the exercise by Morocco of customs autonomy.
It is understood that other interested governments contend that even after the abrogation of the British-Moroccan Convention of Commerce and Navigation of 1856 and the Spanish-Moroccan Treaty of 1861 the exercise of customs autonomy by Morocco would be conditional upon obtaining the assent thereto of the other Powers signatory of the Act of Algeciras. It is hardly necessary to enter into any extended discussion of this phase of a question already sufficiently complicated. However, it is pertinent to note that the French Government is understood to contest the arguments in this regard of certain [Page 658] Powers. Further the French Government is understood to place particular emphasis upon the derivation of its freedom of action in respect of customs matters in French Morocco through the provisions of Article 4 of the Franco-German Convention of November 4, 1911, which read in part as follows:
“The French Government declares that, being firmly attached to the principle of freedom of commerce in Morocco, it will not lend itself to any inequality, either in the establishment of customs duties, imposts and other taxes …”
Whatever may be the validity of the French contention in this respect, it has no force so far as we are concerned in as much as the United States, in contradistinction to other interested Powers, has never adhered to the Franco-German Convention of 1911.
We are of course proceeding in our own treaty negotiations with the French concerning French Morocco on the principle which the British appear to have followed, i. e. that any country having treaty rights in Morocco under the Act of Algeciras or otherwise is at liberty to negotiate with the French concerning the redefinition of those treaty rights. Our position, obviously, is not only different from other Powers by reason of our non-adherence to the Franco-German Convention of 1911, but also by reason of the fact that we still retain extraterritorial rights in Morocco and the French are obligated to negotiate with us, as they were with the British, for the relinquishment of those rights.
Despite the difference of our position we would appreciate any information you may be able to gather informally from the competent British authorities on whether the exchange of ratifications in the Anglo-French Commercial Treaty of July 18, 1938 is being deferred pending the conclusion by France of treaty arrangements concerning French Morocco with Spain and the United States and perhaps other signatories of the Act of Algeciras. We would also be interested in knowing whether the British are of the opinion that France is under the necessity of obtaining the assent of all of the Powers signatory of the Act of Algeciras precedent to the exercise by French Morocco of customs autonomy.
It is entirely possible, of course, that you may hesitate to raise even informally with the British authorities the questions discussed in the foregoing which relate to the possible attitude of a third government. In the event there should be the least doubt in your mind regarding the desirability of approaching the British in the matter it is suggested that the making of the inquiries should be abandoned. The information given in this letter, however, may serve some useful purpose in your future conversations on the subject of French Morocco with the [Page 659] Foreign Office when it may be possible for you to elicit incidentally some sidelights on the problems raised.
Sincerely yours,