740.00112 European War 1939/2277: Telegram

The Ambassador in France (Leahy) to the Secretary of State

255. With reference to Embassy’s telegram No. 249, February 28, 10 a.m. The following is the suggested Franco-American agreement regarding commercial exchanges between French North Africa and the United States. This draft was prepared by the French representatives after their conversations with Eccles and Murphy at Lisbon and Tangier.

It should be added that Eccles in a letter addressed by him to Murphy proposed a number of conditions in behalf of the British Government such as the release of British and neutral shipping now in Moroccan ports; the reestablishment of British consulates in French North Africa; the right to distribute the Tangier Gazette in Morocco, et cetera.

  • Article I.
  • The import into the United States of America of products before and after processing indigenous to or coming from French North Africa shall not be subject to any prohibition or restriction unless this prohibition or restriction applies equally to similar products of any origin or from any source.
  • Article II.
    1.
    The Government of the United States of America undertakes to facilitate the execution in the United States of America of programs of purchases for French North Africa with the proviso that these programs should first have been approved by the contracting parties.
    2.
    In particular, the Government of the United States of America undertakes to deliver the licenses required by the laws and regulations in force in their territory.
    3.
    Purchases made by French North Africa in the United States of America shall be paid for in dollars. To this effect when the credits in free dollars which French North Africa has or may have at its disposal have been exhausted the Government of the United States of America shall give permission for the necessary dollars to be unblocked.
  • Article III.
  • 1.
    The Government of the French State and the Government of the United States of America approve the purchasing program attached hereto which deals with the needs of French North Africa for certain products to be imported during the period from 1st March to 31st May 1941.
    2.
    If French North Africa would view part of these needs by purchases made outside the United States of America or outside metropolitan France the quantities imported in this way shall be deducted from those which are covered by the guarantees given under the present agreement.
  • Article IV.
  • The Government of the French State guarantees that all goods imported under the present agreement as well as similar goods shall be consumed in French North Africa and shall not be reexported therefrom in any form either en etat or after this action except by agreement between the contracting parties.
  • Article V.
  • 1.
    The Government of the United States of America may appoint one or more representatives in French North Africa who shall settle with the competent local authorities details for the application of the present agreement especially regarding the control of the undertakings laid down in the preceding article.
    2.
    In order to facilitate this control the French North African authorities shall notify to the consular officers nominated for this purpose by the Government of the United States of America, the name and full details of the cargo of all ships leaving French North African ports.
  • Article VI.
  • The Government of the French State shall have the right to appoint one or more representatives in the United States of America in order to settle with the competent American authorities the details for the application of the present agreement.
  • Article VII.
  • The two contracting parties shall consult each other again before 1st May 1941 in order to set up and approve a purchasing program for French North Africa in the United States of America for the period beginning 1st June 1941.
  • Article VIII.
  • The present agreement shall come into force immediately. In the event of a violation of the provisions of article IV this agreement would automatically terminate. The agreement may also be terminated at any time on 1 month’s notice by either contracting party.”

We have the data mentioned in article III, paragraph 1, which are fairly voluminous but which will be telegraphed if Department desires.

I shall be grateful for the Department’s comment on the foregoing and its advice whether the Department is disposed to conclude with the French Government this or a similar agreement. If so I shall appreciate the Department’s instructions whether the procedure to be followed would be an exchange of notes here or in Washington.

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In accordance with the Department’s 81, February 8, to Lisbon, Murphy understands that he is now to proceed to Washington. Please confirm. In my opinion Murphy has detailed information that should be delivered orally to the Department.

Leahy