File No. 812.5034/40
[Inclosure—Translation]
[Untitled]
In view of the very important consideration that, if our fundamental
laws concede to foreigners the same rights as to nationals, in no
way should it be possible for foreigners by the exercise of such
rights to obtain greater advantages than nationals, it was
determined by a decree of August 15 last that the following
regulations should be observed:
First: Foreigners who may endeavor to acquire in the Mexican Republic
free or national lands, mining properties, waters under the federal
jurisdiction, or
[Page 1061]
permits
for the exploitation or exploration of natural resources such as
products of the forests, petroleum, fisheries, et
cetera, should in writing before the Ministry of Foreign
Relations, make formal, express and definite declaration that in
their capacity as owners or concessionaires and in so far as
concerns the properties which they are endeavoring to acquire, they
will be considered as Mexicans, renouncing their rights as
foreigners and the right to complain or seek the protection of their
respective Governments.
Foreign corporations are incapacitated from acquiring rights over any
of the effects mentioned in this circular until they have become
naturalized and submit themselves to the Mexican laws by making the
above-mentioned declaration.
Second: An indispensable requisite to the acceptance by the Ministry
of Fomento, Colonization and Industry of any denouncement or
petition which a foreigner may make with regard to the matters above
referred to, even though it be a simple question of an exploration
permit, is the presentation with the first petition of a certificate
issued by the Ministry of Foreign Relations in which shall appear
the declaration above referred to.
If this requisite is lacking, the petition must be flatly rejected,
and any action taken or any procedure or decision arrived at shall
be null and without legal value before this certificate is
presented.
The prescribed certificate must be inserted literally in the titles
to property, as well as in the above-mentioned permits concerning
property, issued by the Ministry of Fomento to foreigners, and also
in the contracts or public documents relative thereto authenticated
by notaries public; and its content must, moreover, be inserted as a
special clause.
Failure to insert this certificate or the said clause will be
sufficient reason for the nullification of the respective title,
permit, contract or document.
Third: In all cases already initiated by foreigners which may be
under consideration by the Ministry of Fomento or its administrative
offices, relative to any of the effects above mentioned, proceedings
shall be suspended immediately and shall not be renewed until the
interested parties present the certificate referred to. If within a
period of four months from the date of this decree the interested
party does not present this certificate, his petition shall be
considered null and void and shall be filed without recourse.
In view of the equally important consideration that many foreigners
might not have been able to present these certificates opportunely,
it was determined in a later decree of December 15 last, that the
period of four months prescribed in the third section for the
presentation of these certificates should be extended for an
additional four months, which would expire on April 15, 1917. The
aforesaid extension of four months having expired, and sufficient
reason not existing for conceding to foreigners a further general
extension, and the day being near when the strict dispositions of
Article 27 of the Constitution reformed in Querétaro with regard to
these matters will take effect, it should be decreed, and it is
decreed:
- I.
- The period of four months allowed by the decree of
December 15 last, which extended the period, also of four
months, fixed by the decree of August 15 last, expired on
the 15th instant.
- II.
- All the cases already under consideration which have been
suspended by virtue of the dispositions of the third section
of the decree of August 15 awaiting the certificate referred
to therein, will continue suspended until the organic or
reglamentary laws based on Article 27 of the Constitution
have been passed, which laws shall determine the action to
be taken.
- III.
- Whenever, after the promulgation of this present decree
and before the passing of the organic or reglamentary laws
referred to in the preceding section, the interested parties
may present the certificate provided for in the third
section of the decree of August 15, the First Chief of the
Constitutionalist Army or the Chief of the Federal Executive
shall determine whether or not the certificate referred to
shall be received, and in case the decision is negative this
decision is sufficient definitely to close the case, which
shall be filed as soon as the respective decision takes
effect.
- IV.
- Bring this decree to the knowledge of interested parties
and cause it to be published in the Diario
Oficial.
Constitution and Reforms
Pastor Rouaix,
Minister of Fomento
