810.113/22
The Secretary of State to Diplomatic and Consular Officers in the Latin American Republics
Sirs: In order that there may be no misunderstanding concerning the policy of this Government, in regard to the export of arms and munitions of war and in regard to the duties of American diplomatic and consular officers in relation thereto, it is deemed advisable to set forth for their information and future guidance, the following statement of the position of this Government with special reference to the export of arms and munitions to Latin America.
It is not the policy of this Government to encourage the export trade of arms and munitions of war. American diplomatic and consular officers should not, therefore, proceed on their own initiative to promote American trade in arms or munitions of war, and should not endeavor to create trade opportunities for American exporters of such articles. They should, however, in countries where normal [Page 368] conditions exist, when requested to do so by American exporters or their agents, or by prospective purchasers, follow the same procedure in giving information and advice as they would follow in respect to the trade in any other commodity, but unless these inquiries or offers are in regard to such material as blasting powder, dynamite and other explosives when it is definitely known that these articles are intended by reputable concerns for industrial uses, they should decline to use official channels for the communication of such inquiries or offers.
When virtual warfare is being carried on between two countries, as is now the case between Bolivia and Paraguay24 and between Colombia and Peru,25 it is the policy of this Government not to further the sale of arms and munitions of war by placing its facilities at the disposal of either party to the conflict. When conflicts, such as those referred to, are in progress, American diplomatic and consular officers should bear this principle in mind, and should exercise unusual discretion in their relations with American exporters of arms or munitions of war or their agents and with prospective purchasers.
It is the policy of this Government to refrain from disposing of arms and munitions of war in its possession or under the control of the War Department or of the Navy Department to foreign governments or to persons who might be presumed to be about to transfer them to foreign governments. There are, however, certain exceptions to this general principle. In view of the special relations existing between this Government and the Cuban Government, the Secretaries of War and of the Navy, under the Act of August 29, 1916,26 supply the Cuban Government, upon its request, with arms and munitions when such sales can be made from surplus stocks in the possession of their respective Departments. Moreover, special circumstances, such as at times have existed in Central America, have occasionally made it appear advisable to comply with the request of Central American Governments that they be permitted to purchase arms and munitions from this Government. However, this Government is reluctant to comply with such requests and desires that they be discouraged.
In virtue of the authority conferred upon the Executive by the Joint Resolution of January 31, 1922,27 the President, when he finds that in any American country conditions of domestic violence exist which are or may be promoted by the use of arms or munitions of war procured from the United States, may proclaim it unlawful to export such articles to the countries which he may designate except under such limitations and exceptions as he may prescribe. Proclamations prescribing limitations upon the export of arms and ammunition are [Page 369] now in effect in respect to Honduras28 and Nicaragua.29 Such exports intended for either of these countries are subject to special export license for each shipment. Futhermore, the United States Government as a party to the Convention relating to the Rights and Duties of States in the Event of Civil Strife, signed at Habana on February 20, 1928,30 is obligated to prevent the export of arms intended for the use of rebels against the authorities of such Governments as have ratified that Convention.
Very truly yours,
- For correspondence concerning the Chaco dispute, see vol. iv, pp. 241 ff.↩
- For correspondence concerning the Leticia dispute, see vol. iv, pp. 384 ff.↩
- 39 Stat. 643.↩
- 42 Stat. 361.↩
- Proclaimed March 22, 1924; Foreign Relations, 1924, vol. ii, p. 322.↩
- Proclaimed September 15, 1926; 44 Stat. 2625.↩
- Foreign Relations, 1928, vol. i, p. 612.↩