852.24/379: Telegram

The Secretary of State to the Ambassador in Mexico (Daniels)

70. Your No. 93, April 15, 4 p.m.

(1) In regard to planes belonging to the Mexican Government or formerly belonging to the Mexican Government, see Department’s telegram No. 30 of February 3, 6 pan.55 I do not feel that I can properly express any opinion, much less express objection, in regard to any decision that the Mexican Government may wish to make concerning planes which it purchased in the United States for its own use before the outbreak of the present civil strife in Spain.

(2) In regard to planes recently purchased in this country by agents of the Spanish Ambassador in Mexico, see Department’s No. 230 of December 31, 3 p.m.;56 No. 1 of January 3, 1 p.m.; No. 2 of January 5, 7 p.m.;57 No. 6 of January 8; No. 54 of March 31, noon; No. 59 of April 1, 2 p.m.; and No. 68 of April 15, 2 p.m. I have no reason to modify the instructions contained in those telegrams. For this Government to take any action to facilitate the transshipment of those planes to Spain would be tantamount to its aiding and abetting the violation of our own laws. If you have reason to believe that any of these planes have been loaded or are to be loaded on the Motomar, you should take the action suggested in the Department’s No. 54 of March 31, noon.

Shortly after the outbreak of the present civil strife in Spain, I publicly expressed the hope that American exporters would not export arms to Spain. This policy was enacted into law on January 8. In the interval, the information which you had furnished me to the effect that Spanish agents were actively purchasing arms in Mexico [Page 588] caused me to scrutinize with particular care all applications for export licenses for shipments to Mexico. In every case of a proposed exportation of a plane, I required assurance from the prospective exporter that Mexico was, in fact, the ultimate destination. In addition to specific assurances received in particular cases, I received reiterated assurances from the Mexican Embassy here that the Mexican Government would not sanction any violation of our expressed policy in regard to the exportation of arms to Spain. The reiterated assurances of the Mexican President were first made and publicly announced before this policy had been enacted into law. I could not view with equanimity any weakening of those assurances.

[Here is omitted detailed information concerning the 18 airplanes of American origin acquired by the Spanish Ambassador in Mexico.]

(3) If any of the planes which the Spanish Ambassador proposes to export from Mexico to Spain were exported from the United States to Mexico before the outbreak of the present civil strife in Spain and, after use in Mexico, were resold to the Spanish Ambassador or his agents, a reexportation would not constitute a transshipment or involve any violation of our law. Therefore, I am not in a position to express any objection to the reexportation of such planes.

Hull
  1. Not printed. The portion pertinent to the subject under discussion stated that a resale to the Spanish Government of equipment exported from the United States before the outbreak of the civil war in Spain and used by the Mexican Government since its arrival in Mexico could not be considered to be either a transshipment or an attempt on the part of the original exporter or importer to violate the policy of the United States Government in respect to the shipment of arms to Spain (711.00111 Lic. Consolidated Aircraft Corp./12/82).
  2. Foreign Relations, 1936, vol. ii, p. 624.
  3. Telegram No. 2 not printed.