818.6363 Am 6/90: Telegram

The Secretary of State to the Chargé in Costa Rica ( Thurston )

36. Your 108, July 15, 10 a.m.

You may advise the Minister for Foreign Affairs that the statements made by this Government to the British Government with respect to the Amory concession can not be construed as granting the British Foreign Office carte blanche in negotiations with the Government of Costa Rica regarding that concession in the sense that the result would be in any way binding upon the United States. The Department has advised the British Government that in its opinion the holders of the concession have access to the courts of Costa Rica, constitutionally set up, in which the matter in dispute may be made the subject of appropriate judicial determination. The British Government was further advised that this statement should not, however, be taken as implying that the Government of the United States would oppose an arbitration if that course should commend itself to the Costa Rican authorities.

When this explanation of the negotiations between this Government and the British Government has been made to the Minister for Foreign Affairs, you should add that while this Government would not oppose arbitration of the question if the Costa Rican [Page 665] authorities desire it, this Government and its nationals could not consider themselves bound by any arbitral award which might be rendered as they would not be parties to the arbitration.