812.5200/1

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

No. 1178

Sir: Referring to recent correspondence18 regarding the announcement made by the President of the Republic in his message to Congress on September 1, last, of the forthcoming introduction of a bill regulating the ownership of property in this country by foreigners, I have the honor now to enclose a clipping from today’s edition of the newspaper Excelsior containing the full text of the President’s message to Congress under date of September 30, last, covering the proposed bill, together with a translation thereof.19

. . . . . . .

H. F. Arthur Schoenfeld
[Page 522]
[Enclosure—Translation20]

Proposed Alien Land Bill to Regulate Section 1 of Article 27 of the Mexican Constitution 21

  • Article 1. In order that a foreigner may form part of a Mexican corporation which has acquired, or may acquire, lands or rights to waters and their accessions in the territory of the Republic, outside the prohibited zone, as stipulated in the final part of section 1 of article 27 of the Constitution, he must comply with the provisions of section 1, to wit: To agree before the Department of Foreign Affairs to be considered a national in respect to the part of the property which is his share in the corporation, and not to invoke in respect to the same the protection of his Government under penalty, in case of breach, of forfeiture to the Nation of the properties which he has acquired, or may acquire, as a shareholder in the corporation of which he may form a part.
  • Article 2. This provision must be complied with by any foreigner who wishes to acquire shares or participation of any kind in a Mexican corporation which possesses, or may possess, real estate, rights to waters and their accessions within national territory.
  • Article 3. No foreigner may form part of a Mexican corporation which possesses, or may possess, real property, rights to waters and their accessions in a zone of 100 kilometers along the frontiers and 50 kilometers along the seacoast.
  • Article 4. Agreements and contracts entered into in violation of the provisions of the three articles just preceding, shall be null and void. No agreement for the alienation of property may be considered retroactively perfect until the renouncement stipulated in article 1 of this law shall have been made.
  • Article 5. Any corporation in which one or more foreigners may have, in any form, an interest greater than 50 percent of the total shares of the corporation, will not enjoy the privileges which the law grants to Mexican corporations.
  • Article 6. Those foreigners who may have acquired, in the prohibited zones, any kind of real property, rights to waters and their accessions, as shareholders in a Mexican corporation, before this law came into force, must divest themselves thereof within 3 years from the time this law came into force, unless they acquire Mexican nationality in accordance with the existing legal provisions. Foreigners holding any shares in corporations possessing real property, rights to waters and their accessions, outside of the prohibited zone, must make a declaration before the Department of Foreign Affairs [Page 523] within 6 months after the date of the promulgation of this law, in regard to their participation in such corporation, with the understanding, that if they do not do so, the acquisition will be considered as made subsequent to the promulgation of this law.
  • Article 7. The Executive is empowered to regulate the provisions of this law.
  • Article 8. The present law shall take effect from the date of its promulgation.
  1. Not printed.
  2. Only the text of the bill which accompanied the President’s message is printed infra.
  3. File translation revised.
  4. For text of the Mexican Constitution, see Foreign Relations, 1917, p. 951.