611.1731/30
The American Chargé (Thurston) to the Nicaraguan Minister for Foreign Affairs (Urtecho)24a
Mr. Minister: I have the honor to communicate to Your Excellency my understanding of the views developed by the conversations which have recently taken place at Managua on behalf of the Governments of the United States and Nicaragua, with reference to the treatment which the United States shall accord to the commerce of Nicaragua and which Nicaragua shall accord to the commerce of the United States.
These conversations have disclosed mutual understanding between the two Governments, which is that in respect to import, export and other duties and charges affecting commerce, the United States will accord to Nicaragua and Nicaragua will accord to the United States [Page 515] unconditional most favored nation treatment with, however, the exception of:
- (1)
- The special treatment which the United States accords or may hereafter accord to importations from Cuba;
- (2)
- Special treatment of commerce between the United States and its dependencies and the Panama Canal Zone and among the dependencies of the United States and,
- (3)
- The treatment which Nicaragua accords or may hereafter accord to importations from or exportations to Costa Rica, Guatemala, Honduras or Salvador.
The true meaning and effect of this engagement is “that no higher tariff or other duties shall be imposed on the importation into the United States of any articles the produce or manufacture of Nicaragua than are or shall be payable on the importation of like articles the produce or manufacture of any foreign country with the exception of Cuba.”
“That no higher or other duties shall be imposed on the importation into Nicaragua of any article the produce or manufacture of the United States than are or shall be payable on like articles the produce or manufacture of any foreign country with the exception of Costa Rica, Guatemala, Honduras or Salvador”.
“That, similarly, no higher or other duties or charges shall be imposed in either of the two countries on the exportation of any articles to the other than are payable on the exportation of the like articles to any foreign country with the exception of those mentioned above”.
It is understood that, with the above-mentioned exceptions every concession with respect to any duty affecting commerce now accorded or that hereafter may be accorded by the United States or by Nicaragua by Law, Proclamation, Decree or Commercial Treaty or Agreement to the products of any third country will become immediately applicable without request and without compensation to the commerce of Nicaragua and the United States respectively.
It is, however, the purpose of the United States and Nicaragua and it is herein expressly declared that the provisions of this arrangement shall not be construed to affect the right of the United States and Nicaragua to impose on such terms as they may see fit prohibitions or restrictions of a sanitary character designed to protect human, animal or plant life or regulations for the enforcement of police or revenue laws.
The present arrangement may be terminated by either party on thirty days notice. In the event, however, that either the United States or Nicaragua shall be prevented by legislative action from giving full effect to the provisions of this arrangement, it shall automatically [Page 516] lapse. I shall be glad to have your confirmation of the accord thus reached.
I avail myself [etc.]
- Copy transmitted to the Department by the Chargé as an enclosure to his despatch no. 371, July 11; received Aug. 12.↩