File No. 812.63/12a.
The Secretary of State to the Spanish Ambassador.
Washington, July 2, 1914.
Excellency: I have the honor to propose that this Government and the Spanish Government agree that they will withhold all diplomatic support from their respective citizens or subjects, who claim directly or indirectly, title or interest in mines or mining rights in Mexico, which they have acquired since January 1, 1913, or may hereafter acquire, directly or indirectly, by reason of the cancellation of contracts, leases or other forms of conveyance or by reason of the confiscation or taking by de facto authorities of mines or mining rights, in which American citizens or Spanish subjects are interested, on the ground of default in contractual obligations or noncompliance with legal requirements, provided such default or noncompliance was unavoidable because of military operations or political disturbances in Mexico.
It should however, be distinctly understood that this agreement will not apply to any case in which the failure of the American or Spanish owner of an interest in mines or mining rights in Mexico to perform his contractual obligations or to comply with a legal requirement was not the direct result of the political unrest prevailing in Mexico at the time of default, or to any case of bona fide transfer.
If the proposed agreement relative to mines and mining rights in Mexico is acceptable to your Government, a note stating its acceptance will be considered by this Government as putting the agreement into effect.
Accept [etc.]