The Secretary of State to the Mexican Ambassador (Téllez)

Excellency: With reference to the Department’s note of January 14, 1930,56 I have the honor now to inform you that while the question as to the date on which transfer of sovereignty over a banco takes place, that is, whether on the date the International Boundary Commission gives its decision, or one month thereafter, is not free from doubt, it is the view of the Department that, under a strict interpretation of the treaty, transfer of sovereignty takes place on the date the Commission renders its decision, subject to its being defeated by disapproval of the decision by either Government within one month reckoned from the day on which the decision shall have been pronounced. Since such disapproval would have the effect of ousting the jurisdiction assumed by the Government to which the banco is eliminated, it is felt that, for the purpose of avoiding possible complications, the two Governments might now agree upon an interpretation of the treaty to the effect that transfer of sovereignty takes place one month from the date the Commission gives its decision, unless such decision has meanwhile been disapproved by either or both Governments.

If the Mexican Government is unwilling to adopt such an interpretation, this Government would be willing to regard the transfer of sovereignty as taking place on the date of the Commission’s decision, subject to the right of either Government to object within the period of one month.

Accept [etc.]

For the Secretary of State:
J. P. Cotton
  1. Not printed.