611.5231/308

The Ambassador in Spain (Moore) to the Secretary of State

No. 124

Sir: In confirmation of this Embassy’s Cable No. 106, of October 25, 12 Noon,24 I have the honor to report that the Commercial Agreement of August 1, 1906, has been prorogued for six months from the date of its expiration on November 5th next; i. e., until May 5, 1924. This prorogation has been accomplished by an exchange of Notes between the Spanish Foreign Office and this Embassy (Foreign Office Note No. 119, of October 6th, and Embassy’s Note No. 64, of October 22d), copies and translations of which are enclosed.

I am also enclosing copy and translation of a personal letter to me, dated October 22d [6th],24 from the President of the Military Directorate, requesting that I recommend personally to the Department of State that it cause an investigation to be made by the Tariff Commission regarding the customs duties on certain Spanish products. I can make this recommendation in perfect sincerity as I have been repeatedly informed that it is useless to recommence negotiations looking toward the signature of the Permanent Treaty unless [Page 872]the Tariff Commission should prove willing, after an investigation, to lower the duties on at least several Spanish products. Moreover, the President had already informed me that the Department of State had told Ambassador Riaño (see my Cable No. 103, of October 22, 4 P.M.) that the Department was willing to cause an investigation of certain duties to be made under Section 315 of our Tariff Act. He also told me that, in the negotiations during the early part of the summer, the representative of the State Department and the Commercial Attaché had stated that, while there was no guarantee that any investigations or reductions in the Tariff would be granted, it was within the province of the Tariff Commission to investigate and recommend such reductions. In this connection, I would be very glad to be informed whether or not the Department did inform Ambassador Riaño as alleged by the President of the Military Directorate.

I informed the President that I would recommend to my Government that it take up this matter, but I had previously told both him and the Undersecretary of State that I did not believe that this proposition came within the interpretation of Section 315 of the Tariff Act.

With regard to the suggestion contained in my Cable No. 105, of October 23, 7 P.M., I have the honor to report that I considered it imperative to place the suggestion in question before the Department as, up to the time of the sending of the cable, the Department had proved unwilling to accept in terms acceptable to the Spanish Government the latter’s proffer to prorogue the Treaty without giving the United States advantages ceded in future commercial treaties.

The present prorogation has only been secured after the most strenuous efforts, as the attitude of the Spanish Foreign Office has been that, unless some action should prove possible under Section 315–A of the American Tariff Act, a prolongation would prove useless, as no agreement would be possible regarding a permanent treaty.

I am very anxious to recommence negotiations for a permanent treaty without a moment’s delay, but, in view of the attitude of the Spanish Government, as outlined above, I have the honor to request full instructions from the Department as to the manner in which it desires the negotiations to be conducted. Will it be possible to make use of Section 315, and, if not, what answer can be made to the Spanish contention that the Spanish Law prevents the granting of most-favored-nation treatment except in return for specific advantages? I also have the honor to request that a representative of the Department of State be sent to Madrid to assist in these negotiations.

[Page 873]

As enclosures 6 and 7,25 I have the honor to transmit, in copy and translation, a notice relative to the prorogation of the Treaty published by the Ministry of State in the Gaceta de Madrid of October 28th, 1924 [1923].

I have [etc.]

Alexander P. Moore
[Enclosure 1—Translation]

The President of the Spanish Military Directorate, Ministry of State (The Marquis of Estella) to the American Ambassador (Moore)

No. 119

Excellency: With reference to our recent conversations concerning the future regime which is to regulate commercial relations between the United States and Spain, I have the honor to inform Your Excellency that I have no objection to agreeing to your proposal and that I am hence willing to agree that the Commercial Arrangement of August 1, 1906, existing between the two countries and which expires on November 5th of the present year, shall be prorogued for a period of six months counting from such date, or, in other words, until May 5, 1924, without however such prorogation signifying in any case whatsoever the application, during the course of the six months of its duration, of any commercial change or advantage which may be established in Treaties between Spain and other nations and which may be enforced after the aforementioned date.

Hence I consider that the present agreement will be concluded and the aforesaid prorogation consequently agreed upon by the exchange of this Note with such Note as Your Excellency may address to me expressing Your conformity therewith.

I avail myself [etc.]

The Marquis of Estella
[Enclosure 2]

The American Ambassador (Moore) to the President of the Spanish Military Directorate, Ministry of State (The Marquis of Estella)

No. 64

Excellency: I have the honor to refer to Your Excellency’s Note No. 119, of October 6th last, which read as follows:

“With reference to our recent conversations concerning the future regime which is to regulate commercial relations between Spain and the United States, I have the honor to inform Your Excellency that I have no objection to agreeing to your proposal and that I am hence willing to agree that the Commercial Arrangement of August 1, 1906, existing between the two countries and which expires on [Page 874]November 5th of the present year, shall be prorogued for a period of six months counting from such date, or, in other words, until May 5, 1924, without however such prorogation signifying in any case whatsoever the application, during the course of the six months of its duration, of any commercial change or advantage which may be established in Treaties between Spain and other nations and which may be enforced after the aforementioned date.

“Hence I consider that the present agreement will be concluded and the aforesaid prorogation consequently agreed upon by the exchange of this Note with such Note as Your Excellency may address to me expressing your conformity therewith.”

On behalf of my Government I accept the prorogation of the Treaty in the manner outlined in Your Excellency’s abovementioned Note.

The Government of the United States is duly appreciative of the friendly spirit demonstrated by the Spanish Government in agreeing to continue for a further period of six months from November 5th next the present Commercial Arrangement between the two countries. This arrangement, evidencing as it does the desire of the two Governments to leave unfettered the commercial intercourse which has subsisted between their two countries for a number of years, can have no effect other than to promote the good relations between them, which it is the desire of the Government of the United States to perpetuate.

My Government desires that, in expressing to Your Excellency its satisfaction with the present temporary arrangement, I should inform Your Excellency that the Government of the United States holds itself in readiness to resume at any time that may be convenient to Your Excellency’s Government negotiations with a view to concluding a permanent Treaty of Commerce.26

I avail myself [etc.]

Alexander P. Moore
  1. Not printed.
  2. Not printed.
  3. Not printed.
  4. The two foregoing paragraphs were omitted from the text of the Ambassador’s note as printed in U. S. Treaty Series No. 693–A, their omission being indicated by asterisks.