711.252/3: Telegram
The Secretary of State to the Ambassador in Chile (Collier)
52. Your 146, October 6th, 6 p.m. Please draft treaty on basis of treaty with Germany as follows and submit it to the Foreign Office. All references herein are to Articles of that Treaty. Articles of your draft when completed will have to be renumbered.
Use without change Articles 2, 3, 4, 5, 6, 8, 9, 10; 17 to 28 both inclusive. Strike out entirely articles 14, 15 and 30. Use other articles amended as follows.
Preamble. Substitute “Chile” for “Germany” and leave names of plenipotentiaries blank.
Article 1. Remove brackets from last paragraph and rewrite as follows: “Nothing contained in this Treaty shall be construed to affect existing statutes of either of the High Contracting Parties in relation to the immigration of aliens or the right of either of the High Con [Page 521] tracting Parties to enact such statutes.” (See Treaty Series Number 736.)12
Article 7. Use paragraphs 1, 3 and 6 without change. In paragraph 2, line 4, after “or” insert “charges or bases of such duties or charges and no.” In line 4 substitute “or” for “and no.” In line 8 after “other” insert “from whatever place arriving.” At the end of paragraph 2 add “nor shall any such duties, charges, conditions or prohibitions on importations be made effective retroactively on imports already cleared through the customs or on goods declared for entry into consumption in the country.” Between paragraphs 3 and 4, insert the following paragraph:
“In the event of licenses being issued by either of the High Contracting Parties for the importation into or exportation from its territories of articles the importation or exportation of which is restricted or prohibited, the conditions under which such licenses may be obtained shall be publicly announced and clearly stated in such a manner as to enable traders interested to become acquainted with them; the method of licensing shall be as simple and unvarying as possible and applications for licenses shall be dealt with as speedily as possible. Moreover, the conditions under which such licenses are issued by either of the High Contracting Parties for goods imported from or exported to the territories of the other Party shall be as favorable with respect to commodities, formalities and otherwise as the conditions under which licenses are issued in respect of any other foreign country. In the event of rations or quotas being established for the importation or exportation of articles restricted or prohibited, each of the High Contracting Parties agrees to grant for the importation from or exportation to the territories of the other Party an equitable share, in view of the normal volume of trade in the particular class of goods between the two countries, in the allocation of the quantity of restricted goods which may be authorized for importation or exportation. In the application of the provisions of this paragraph no distinction shall be made between direct and indirect shipments. It is agreed, moreover, that in the event either High Contracting Party shall be engaged in war, it may enforce such import or export restrictions as may be required by the national interest.”
In paragraph 4, line 3, after “extend” insert “by treaty, law, decree, regulation, practice or otherwise.” For paragraph 5, use corresponding paragraph of Treaty with Esthonia, which includes goods exported as well as goods imported, and substitute therein “Chile” for “Esthonia.” Between paragraphs 5 and 6 insert new paragraph as follows:
“In the same manner there shall be perfect reciprocal equality in relation to the flags of the two countries with regard to bounties, drawbacks and other privileges of this nature of whatever denomination which may be allowed in the territories of each of the Contracting Parties, on goods imported or exported in national vessels [Page 522] so that such bounties, drawbacks and other privileges shall also and in like manner be allowed on goods imported or exported in vessels of the other country.”
In paragraph 7 strike out lines 2 to 5 inclusive and 7 to 12 inclusive. Compare with last paragraph of Article 7 of the Treaty with Esthonia. A new Article relating to customs procedure will be transmitted later for insertion immediately after Article 7. Do not postpone submission of draft to Foreign Office pending its receipt.
Article 11. In lines 22 and 27 substitute “High Contracting Parties” for “United States.”
Article 12. Add at end of second paragraph a new sentence as follows: “If such consent be given on the condition of reciprocity the condition shall be deemed to relate to the provisions of the laws, National, State or Provincial under which the foreign corporation or association desiring to exercise such rights is organized.”
Article 13. Strike out the last sentence of the first paragraph.
In place of original articles 14 and 15 insert the following Article of two paragraphs
“Commercial travelers representing manufacturers, merchants and traders domiciled in the territories of either High Contracting Party shall on their entry into and sojourn in the territories of the other Party and on their departure therefrom be accorded the most favored nation treatment in respect of customs and other privileges and of all charges and taxes of whatever denomination applicable to them or to their samples.
If either High Contracting Party require the presentation of an authentic document establishing the identity and authority of a commercial traveler, a signed statement by the concern or concerns represented, certified by a consular officer of the country of destination shall be accepted as satisfactory.”
Article 16. Strike out “of the United States” from line 11. In lines 22 and 23 substitute “or to any discrimination” for “and shall be given national treatment.” Substitute “or any other matter” for “and all other matters.”
Article 29. Strike out everything following “zone” in line 12.
Article 32. Substitute “Spanish” for “German.” Leave name of City and date blank.
Omit Senate resolution. Reservation regarding immigration is incorporated in text of draft as last paragraph of Article 1. Department will instruct you further regarding reservation as to national treatment of shipping. Prepare draft but do not present it pending further instructions.
The complete text will be forwarded by early pouch. Consideration is being given in regard to exception of treatment accorded Bolivia and Peru.
- Treaty of Dec. 23, 1925, with Estonia, Foreign Relations, 1925, vol. ii, p. 70.↩