600.127/250

The Chargé in Mexico (Summerlin) to the Secretary of State

No. 4301

Sir: In confirmation of my telegram No. 173, September 4, two p.m.,72 reporting briefly the basis of agreement concluded between the five oil company Presidents, representing American Oil Companies, and Mr. de la Huerta, the Mexican Secretary of the Treasury and Public Credit, I have the honor to forward herewith copy of a confidential report prepared on the night of September third by Mr. Teagle, the President of the Standard Oil Company, Chairman of the Committee. A copy of this report was furnished me on the fourth instant.

The entire local press of the fourth instant featured reports of an agreement having been reached as a result of these conferences and great credit was given Mr. de la Huerta for their successful termination, but the nature of the agreement has not been made public. The announcement has had an excellent effect here, and [Page 458] one of the local papers stated that the members of the petroleum committee had promised to work for the recognition of General Obregon.

I have [etc.]

George T. Summerlin
[Enclosure]

Report of a Meeting of the Committee of Oil-Company Executives with their Tampico Managers, at Mexico, D. F., September 3, 1921

Chairman Teagle: Gentlemen, we have just concluded an agreement with Secretary de la Huerta, and he has agreed to give out a statement to the newspapers at 9:30 tonight. The basis is, as follows:

  • First: The companies will pay to the Mexican Government, either in Mexican gold at the City of Mexico or by their drafts payable in U.S. Cy. at New York at the rate of one dollar for two pesos, the full amount of the production tax on the quantity of crude petroleum or its derivatives produced during July 1921. (Our idea is that all of the Managers here who have not the available gold should, on Monday, draw a draft on New York for these various payments; or, if you do not wish to draw a draft, you can arrange to telegraph your New York office to deposit the funds in the Equitable Trust Company for account of the Mexican Government. Details to be arranged with the Government.)
  • Second: The Mexican Government will issue a decree postponing up to the 25th of December, 1921 the effective date provided for in the decree of June 7, 1921 for the payment of the export tax to which this decree refers. (In other words, no export tax payable by any one on shipments from the first of July on.)
  • Third: Oil in storage on the 30th of June 1921 will pay the production tax applicable to the various products in storage.
  • Fourth: Oil produced from August 1, 1921 shall be subject to the production tax in accordance with the valuations to be established in circulars issued in accordance with the decree of May 24th.74 (Example: Circular 114 covers the tax for August.)
  • Fifth: The Mexican Government will repeal the infalsicable [sic] tax,75 established in addition to the other taxes levied on petroleum. (Note: Effective back to June 30th and forward.)
  • Seventh:76 Upon the oil companies making the payment (which must be made in accordance with Article 1), the Mexican Government [Page 459] will release all embargoes, and set aside all proceedings now pending against the oil companies on account of their resistance in paying the taxes levied under the decree of May 24th and June 7th, and such companies, respectively, in turn, at their own cost, will dismiss their amparo proceedings on the same account against officials of the Mexican Government. (Note: The amparo proceedings in reference apply only to the taxes levied under the decree of May 24th and June 7th.)

Gentlemen, as I see it, there are two important features in connection with this matter: The first is, you should all be familiar with the agreement which we have just stated. The second is that this memorandum should be treated as strictly confidential. In other words, we do not wish to give out any particulars to the newspapers here or anywhere else. If any information regarding this matter is given out, it should come from the Department of Hacienda.

Notes

There are no export taxes payable until the 25th of December, 1921. In other words, the decree of June 7th has not been cancelled, but merely suspended.

There is to be a production tax every month, but no export tax.

You pay on the 25th of each month for the oil produced during the preceding month.

Infalsicable [sic] surtax wiped out entirely.

Query by Mr. Doheny: What will the Manager do in case he has refined a lot of oil?

Answer: He will not pay any tax on any crude that he has run through his plant, but only on the products derived therefrom, such as fuel oil, gasoline, etc.

  1. Not printed.
  2. Summarized in the letter of June 2, 1921, from the Association of Producers of Petroleum in Mexico, p. 447.
  3. A surcharge, imposed by decree of Mar. 29, 1917, of 1 peso infalsificable (“uncounterfeitable”) for each peso or fraction of a peso of national gold exacted in payment of import or export duties or in payment of the stamp tax on the production of petroleum and metals.
  4. The sixth paragraph was evidently omitted; it appears to have contained the bond-purchase clause summarized in the Chargé’s despatch no. 4687, Dec. 34, 1921, infra. For additional correspondence relating to clause six, see pp. 499503.