810.5151 Williams Mission/48

The Ambassador in Chile (Sevier) to the Secretary of State

No. 167

Sir: Referring to the Department’s instruction No. 52, July 5, 1934, concerning the visit of Dr. John H. Williams of the New York Federal Reserve Board and Mr. Donald R. Heath of the State Department to study exchange conditions in Chile and other Latin American countries, I have the honor to submit the following report.

The Financial Mission augmented by Mr. Eric Lamb25 arrived at the airport at 4:30 P.M. on August 4th. The next day, Sunday, was devoted to resting from the trip and studying the memoranda and other material which the Embassy had prepared for use in discussing exchange problems. In view of the extremely limited time which these gentlemen could spend in Santiago, it was deemed desirable first to have a full round-table discussion with the members of the staff in order that the Mission might obtain all possible information from the Embassy; second, to hold interviews with the more important representatives of American business in Santiago including both those individuals who might be expected to favor pushing for special treatment on frozen credits, those who because of the interests of their companies might be expected to oppose such a policy, and those who presumably would have a broad neutral view of the situation. Following the interviews with the Americans it was felt that the Mission should be presented to the Minister for Foreign Affairs, hold an interview with Mr. Ross, the Minister of Hacienda, who is a controlling factor in the Chilean policy of exchange and subsequently as time permitted meet members of the Chilean Foreign Office, officials of the Central Bank and other prominent individuals. Dr. Williams being in entire accord with this procedure, on Monday morning a session took place at the Embassy and in the afternoon discussions were held with Mr. Leo Welch, the manager of the National City Bank in Santiago, and Mr. George S. Laing, manager of the West India Oil Company, a subsidiary of the Standard Oil Company of [Page 39] New Jersey. The next day the following individuals were interviewed: Mr. Philip Bonsai of the International Telephone and Telegraph, Mr. J. F. Owens of the Compañía Eléctrica, Mr. Percy Seibert, of the Braden Copper Company and Mr. Edward Craig, of Anaconda Copper Company, Mr. Horace Graham, Director of the Compañía de Ventas de Salitre and Mr. Paul Miller, Controlor of that Company. On Thursday morning a discussion was held with Mr. Arthur J. Pack, the Commercial Secretary of the British Embassy who outlined in some detail the experience of the British in liquidating frozen accounts. At 11 o’clock Dr. Williams accompanied by Mr. Scotten and Mr. Scott of the Embassy had a long interview with the Minister of Hacienda. A memorandum giving a report of the conversation which took place is enclosed. Later in the morning, the members of the Financial Mission were presented to Dr. Cruchaga, the Minister for Foreign Affairs, and subsequently had a conversation with Mr. Germán Vergara, the Under Secretary for Foreign Affairs. On Thursday afternoon, through the kindness of Mr. Bohan, the Commercial Attaché, a reception was given at Mr. Bohan’s house where an opportunity was afforded for meeting the following officials of the Central Bank and other important Chileans: Sr. Guillermo Subercaseaux, President of the Central Bank of Chile, Dr. Luis Schmidt, Vice President of the Central Bank of Chile, Sr. Otto Meyerholtz, General Manager of the Central Bank of Chile, Dr. German Max, Economist of the Central Bank of Chile, Sr. Fernando Mardones, Director of the Budget, Sr. Anibal Alfaro, Director of Municipal Budgets, Sr. Renato Márquezado, Chief, Comptroller General’s office. Friday morning a final discussion and summary of work accomplished occurred at the Embassy in which careful consideration was given to the report of Dr. Williams embodied in the Memorandum dated August 8, a copy of which is enclosed. In view of the very limited time at the disposal of Dr. Williams he was unable to devote any space to the question of the American retirement funds in the Caja de Empleados Particulares. He discussed this problem orally, however, and it will be the subject of a special memorandum.

It should be stated that Dr. Williams’ report represents the considered views of the Embassy and the Financial Mission arrived at after a complete discussion and debate on each phase of the subject point by point. As it embodies in final form the combined opinions of the Embassy and the Mission after all points of divergence had been eliminated or compromised, the Embassy is not submitting a separate report but recommends to the Department the favorable consideration of Dr. Williams’ report with which, as above stated, it is in entire concurrence. Pending the receipt of the Department’s instructions after it shall have had an opportunity to study the question with Dr. Williams [Page 40] in Washington, the Embassy will take no action toward any further negotiations with the Chilean Government on exchange matters.

In conclusion the Embassy desires to take this opportunity of expressing its appreciation of the helpfulness of Dr. Williams, Mr. Heath and Mr. Lamb whose efficient and concentrated efforts in Santiago were of great assistance in clarifying the complex exchange situation and were particularly helpful in drawing forth new information which served to throw additional light on the problem of American frozen credits.

Respectfully yours,

For the Ambassador:
Robert M. Scotten

Counselor of Embassy
[Enclosure 1]

Memorandum of a Conversation Between the Chilean Minister of Hacienda (Ross) and Dr. John H. Williams, Mr. Scotten, and Mr. Scott

Dr. Williams opened the interview by alluding in general terms to the economic difficulties which he had found in the Latin-American countries which he had visited and which were due, in his opinion, largely to the drastic decline in prices and consequent falling off of exports and to other causes which were nobody’s fault in particular and beyond the control of the countries involved. Mr. Ross at this point interjected the remark that that was true but did not represent the whole picture of Chile’s difficulties, one side of which was to find sufficient markets for its exports. The United States, for example, was a creditor country, [and although?] wishing to obtain remittance on its debts in Chile [it?] had shut out one of the chief Chilean products from its markets, namely, copper, and therefore it might be said that it was partly to blame for not securing better remittances from Chile since it itself had destroyed a large source of exchange for American needs. Dr. Williams replied that he was inclined to personally agree with Mr. Ross on this point but that the question of copper tariff represented certain political and other considerations in the United States very difficult to overcome.

Next, in reply to Dr. Williams’ inquiry concerning the present economic situation in Chile, and what disposition the Minister of Finance might be contemplating making of the excess exchange availabilities which it was understood were now accruing, Mr. Ross outlined his general policy as follows:

First, he stated that the general position of Chile was better but that in reality appreciable surpluses of exchange were not being created for the reason that Chile had been living off its own fat, so to speak; [Page 41] that is, it had been eating up stock of merchandise on hand which would need to be replenished. Imports, therefore, would inevitably have to be increased causing a corresponding drain on exchange availabilities. Speaking in general terms about our treatment on exchange, the Minister endeavored to drive home the point that a preponderant share of exchange created by Chile’s exports came back to the United States. Copper, for example, sold say at 7 to 8 cents in England and of this price 6 cents returned to the United States.

Dr. Williams pointed out that this was another problem involving the question of exchange used for financing charges, etc.

With regard to his policy concerning the rate at which the peso should be held, the Minister stated that for the time being he would attempt to hold it around its present level of 25 to the dollar; this was necessary because the gold washing industry could not be kept up if the peso appreciated much more than this, nor could agricultural and certain other products be exported at a profit with a higher peso. He added that he was looking toward stabilizing the peso at about this rate with the gold dollar, that is to say, not the old gold dollar but the new gold dollar if or when we went back to a definitely stabilized gold standard.

With regard to the long-term bonds, the Minister of Finance stated that he had not reached a final decision in the matter: that nothing could be done for the moment but that he was absolutely clear on one point, namely, that Chile would not sign any agreement whose complete fulfillment could not be clearly foreseen. Having this principle in mind, therefore, he was looking towards a settlement on the bonds which would be in the form of devoting certain dollar or sterling revenues to supply the service on these obligations. These revenues would be derived from the Nitrate Sales Corporation and the bonds would be placed on an income basis, the bondholders only receiving a fluctuating income from the sources of revenue which had been allocated for that purpose. Were an attempt made to settle the long-term bonds on a fixed charge basis, the basis would be so small as to be ridiculous and inacceptable.

Dr. Williams next attacked the question of our frozen credits calling attention to the fact that in view of our well-known and traditional policy in regard to insisting upon most-favored-nation treatment, the United States Government had not been inclined to look very complacently upon the granting by Chile of special exchange under compensation treaties to certain countries for the liquidation of their frozen credits; that as a result of his investigation in Chile, he had found that the global amount of American credits in Chile which could be classed as frozen was comparatively small and that in view of these facts it would seem that Chile might make some arrangement [Page 42] to supply exchange at a preferential rate for the liquidation of these American credits bearing in mind the fact that Chilean products entered the United States free from control and that Chile had a great stake in maintaining and augmenting its nitrate markets in the United States. Dr. Williams added that obviously as the United States had devalorized its dollar by 41% it would not expect liquidation on the basis of the old dollar but that the rate of 16.55 pesos to the dollar would perhaps appear a fair one. The Minister of Finance immediately countered by asking if we wanted a compensation treaty similar to the French one. Dr. Williams answered “no”, that such an arrangement tended to canalize trade in narrow channels, would be restrictive and would not be advantageous to either Chile or the United States. “No”, Mr. Ross replied, “it would be disadvantageous to Chile but even more so to the United States.” Mr. Ross then said unequivocally, “We will give you a compensation treaty if you insist upon it to provide exchange at a special rate but if you do not accept compensation, we will not furnish you exchange at a rate lower than the current market rate. This”, he added, “you can accept as a definite decision on my part.”

Referring to compensation purely on its own merits the Minister pointed out that were the French scheme adopted it would take years to liquidate American frozen assets. In this connection he referred to the fact that the Germans had become convinced of the disadvantages of the compensation system and had not renewed on June 30th their compensation treaty with Chile. Furthermore, he pointed out the fallacy of the theory that special exchange is paid for by the country in which the frozen credits are held. As it has worked out, the funds that supply the special exchange are actually paid for in the country imposing the compensation due to the fact that nitrate is sold in such countries at an artificial price. For example, nitrate is sold in the United States at $25.00 a ton, but in Germany it is sold at $35.00 and in France at $32.00, and at correspondingly high prices in Belgium and Italy. In receiving nitrate quotas for those countries Chile is obliged to agree to sell at no less than these prices. We might say, therefore, that in France the French farmer is paying the cost of the liquidation of the frozen funds of his compatriots at the preferential rate. (Note: The exact reason for this situation was not made quite clear by the Minister and it was decided to obtain more specific information on this point from the Nitrate Sales Corporation.)

Touching for the moment on the relation of the problem of current trade, the Minister points out that exchange availabilities for compensation countries were held down to the amounts created through the compensation agreements. The trade of these countries was correspondingly restricted, therefore, as would be ours were we to insist upon that type of arrangement.

[Page 43]

Reverting to the question of our frozen credits, the Minister stated that he felt sure that they were not nearly as large as we had perhaps supposed; that the sum total of these blocked funds had been greatly reduced due to the fact that large amounts had been invested or had been lost; that certain types of funds or investments such as those held by the International Telephone & Telegraph Company and the Compañía Eléctrica, were not properly classifiable as frozen credits. In this connection he referred to his experience with the British; that he had tried to get the British to give him an accurate list of their frozen credits; that the first list supplied had contained enormous sums alleged to be frozen credits; that, however, when it came to the point of finding out exactly how many pesos were in the bank awaiting transfer, the funds had shrunken enormously.

In developing the discussion of the frozen credit problem, Dr. Williams stated that of course he could not say what might be the final position taken by the Department in the matter; that, as the Minister was aware, the Department laid great stress on the principle of most-favored-nation treatment and its deeply rooted philosophy in this question might play a strong part in its final decision. Laying this aside for the moment, however, he invited the Minister to make whatever suggestion he cared to towards a practical solution of the frozen credit problem. Mr. Ross replied that while we had been arguing principles, he had been endeavoring to liquidate funds as much as possible so that if the argument of principles continued for a long enough time, a point might be reached where we might agree on principles whose application however would be unnecessary since the problem would have ceased to exist. Specifically, however, the Minister suggested that we follow the same procedure as the English, namely, make a complete list of our frozen credits and all American funds, in fact, available in a completely liquid form desiring transfer. The Minister could then see his exchange problem as a whole and could make suitable arrangements to supply exchange cover over a certain period of time as exchange became available. Peso accounts would present only an exchange problem but in the case of accounts due in dollars he pointed out that the problem was more complicated and some arrangement would have to be made as to finding a suitable rate. Though not entirely clear, the implication was that it would be difficult to force the Chilean debtor to buy sufficient exchange to meet his dollar credits dollar for dollar but that some compromise perhaps would have to be made between creditor and debtor on some intermediate exchange rate.

The interview was closed by Dr. Williams and the members of the Embassy staff bringing up the question of the retirement funds of Americans in the Caja de Previsión de Empleados Particulares and reminding the Minister that a satisfactory settlement of these cases [Page 44] was considered indispensable. The Minister stated that he felt it was fair for Chile to pay the funds of Americans residing outside of Chile in full. Americans in Chile, however, he felt could not expect to receive their dollars in full in view of the relative purchasing power of the dollar in Chile to the peso. He asked for a list of depositors and Mr. Scotten showed him a list which he had with him which was transmitted to the Department in despatch No. 78 of March 28, 1934.26 The Minister was informed that this list had been left months ago at the Foreign Office. Our impression on the Caja matter was that the Minister was disposed to pay the dollar and peso accounts in full to Americans residing outside of Chile but that it would be very difficult to obtain any special treatment for Americans who elected to remain in Chile.

[Enclosure 2]

Memorandum by Dr. John H. Williams, August 8, 1934

During our stay in Chile, we have discussed the American exchange problems in considerable detail with the Embassy staff which, in advance of our arrival, had prepared two important memoranda, one on “Exchange Problems in Chile” and one on “Exchange and Compensation Factors affecting American Trade with Chile”. We then interviewed at the Embassy in the presence of the Ambassador and the staff, a number of Americans representing a broad variety of American interests in Chilean industry and trade. These men, who were interviewed individually, are:

  • Mr. Leo Welch, Manager, National City Bank in Santiago.
  • Mr. George S. Laing, Manager, West India Oil Company.
  • Mr. Philip Bonsai, International Telephone and Telegraph Company.
  • Mr. J. F. Owens, Compañía Eléctrica.
  • Mr. Percy Seibert of the Braden Copper Company.
  • Mr. Edward Craig of the Anaconda Copper Company.
  • Mr. Horace Graham, Director of the Compañía de Ventas de Salitre.
  • Mr. Paul Miller, Controlor of the Compañía de Ventas de Salitre.

Accompanied by Mr. Scotten and Mr. Scott, I then had an interview of an hour and a quarter with Sr. Gustavo Ross, the Minister of Finance. As the situation stands here, Mr. Ross is the final authority on all economic and financial questions and is his own director of exchange control.

I.

There are four possible alternative policies for handling our exchange problems in Chile:

[Page 45]

1) By compensation treaty, which would include preferential treatment of frozen credits at the official rate of exchange, which in terms of our old gold dollar would mean 16.55 pesos per U. S. dollar, and in terms of the new gold dollar 9.6 pesos per dollar.

2) A general agreement with Chile, along lines already described in the Embassy’s memorandum of March 27, 1934, but including also liquidation of frozen credits on most-favored-nation terms at the official rate of 9.6 to 1. This we understand to have been the State Department’s position. This general agreement would give us freedom from exchange control and an exchange rate on current trade equal to that furnished compensation countries. In addition, by this agreement Chile would undertake to repay in dollars those having dollar deposits in the “Caja de Previsión de Empleados Particulares” and to furnish dollars at the official rate of exchange to those having peso deposits in the “Caja”.

We understand that the Chilean Government has been willing to accept this agreement, in principle, in all respects except for its frozen credits provision; but that the State Department in view of this exception has not gone forward with the agreement, on the ground that to omit the frozen credit provision would represent acquiescence in less than most-favored-nation treatment with respect to this item.

3) A general agreement on the lines of (2) above as to current trade and the treatment of American depositors in the “Caja de Previsión”, but with either (a) an agreement to liquidate frozen credits at some other rate of exchange than the official rate of 9.6 to 1, or (b) an understanding that an equitable settlement along these general lines would be effected privately between the Chilean Government and American holders of frozen credits.

4) Acceptance of the status quo as to current trade; a definite agreement on the lines already indicated with respect to deposits in the “Caja de Previsión”; and acceptance of the status quo as to frozen credits, but with an understanding to be worked out, either by the State Department or privately, as to the best practical method for resolving this problem.

II.

In approaching the consideration of these four alternative lines of policy we have borne in mind the long history of negotiations with the Chilean Government concerning our exchange problems, during which time the economic and trade position of Chile has materially changed for the better. This improvement has occurred particularly since the period of active negotiation began last November. Our Government has consistently refused to consider the first plan outlined above, a compensation treaty, on broad grounds of general policy. In pursuing the second alternative, the Department in the [Page 46] beginning was evidently much concerned with receiving most-favored-nation treatment with respect to current trade. But partly by reason of the pressure exerted through our Embassy, acting on the Department’s instructions, and in large part, by reason of the general improvement in Chilean trade, this problem has already been resolved without any formal agreement, so that today we are in fact receiving equal treatment with respect to current trade, exchange being made available to our exporters at the export bill rate of 25 to 1 and to the compensation countries at the official rate plus a premium which equalizes the price of exchange as between such countries and ourselves. A formal agreement, therefore, would accomplish nothing more than legalization of the existing status quo.

As the Department has consistently contended, such a formal agreement is unacceptable if not accompanied by an agreement with respect to frozen credits giving us in this respect also most-favored-nation treatment. All of the compensation treaties contain a provision for the liquidation of frozen credits at a rate which is better than the export draft rate now applied to current trade. Our problem has been how to secure equally favorable treatment on frozen credits without consenting to a compensation treaty. If now we should negotiate a general agreement with respect to current trade, and acquiesce in Chile’s refusal to include in it most-favored-nation treatment for our frozen credits, we should apparently be relinquishing what has been, from the beginning of the negotiations, a major contention of principle, for the sake of a general agreement which now can give us little more than the treatment we are already receiving.

III.

Our visit to Chile has impressed us with the complicated character of the frozen credits question. It is not easy to determine what would constitute for us most-favored-nation treatment or how desirable such treatment would be if we could get it. The French and other agreements are based on the official rate of exchange (three pence gold); in terms of our devalued dollar this would be 9.6 pesos for 1 dollar, but in terms of the old dollar it would be 16.55 to 1. It can be argued that Chile was not responsible for our devaluation and is entitled to consider 16.55 to 1 as its official rate. But to get even this rate, which the Finance Minister firmly refuses except as part of a compensation agreement, it would be necessary to consent to a time schedule which might mean only very gradual liquidation. In the French agreement 20 per cent of nitrate sales to France are blocked to provide exchange for frozen credits, so that unless nitrate sales are large liquidation is slow. A number of the Americans interviewed, [Page 47] when asked whether they preferred slow liquidation at a good rate or faster liquidation at a worse rate put greater stress upon the latter.

To provide exchange at the official rate for frozen credits, Chile compels the Nitrate Sales Corporation to sell exchange at that same rate, instead of at the much more favorable export draft rate. Since the nitrate industry represents largely American capital, such a solution of our frozen credits problem would be at the expense of an American interest. Our nitrate representatives, moreover, point out that since they use a considerable part of their exchange to buy American imports (including oil products, motors, electrical equipment, rubber, etc.), any such attempt to improve the position of American exporters on frozen credits would worsen our position in current trade. It should be pointed out, also, that most of the compensation treaties include only a portion of the frozen credits, so that they do not pretend to provide a complete solution of the problem.

To determine an equitable rate for the liquidation of our frozen credits or the amount that would be liquidated were exchange offered, presents great difficulty. Part were frozen in July, 1931, when exchange control was imposed; and when the rate was about 8 to 1; but in reporting frozen balances creditors include as well the subsequent accumulations, when the rate was fluctuating from 8 to 60 to the dollar. A large portion of the frozen credits, moreover, has been invested in property or in securities, and in some cases large profits have been made. Some credits have been liquidated at the export draft rate, including some 18,000,000 pesos in response to two general offers made by the Finance Minister this year. Some credits are now so tied up that they cannot or will not be liquidated. This part includes 50,000,000 pesos used by Electric Bond and Share to buy up its local 8 per cent debentures, effecting an important saving in interest. It probably should include also 18,000,000 pesos of bank deposits belonging to the Telephone Company, which appear to be destined, according to the local representative for investment in Chile, in lieu of new capital from abroad, to carry out expansion in accordance with the company’s contract. Thus of 157,000,000 pesos of “frozen credits” reported to the Commercial Attaché office in response to his questionnaire, our inquiries would indicate that 18,000,000 pesos have been liquidated and at least 68,000,000 pesos cannot or will not be liquidated, leaving a total of about 72,000,000 pesos, which at the current export draft rate is less than $3,000,000. What portion of this was blocked prior to July, 1931, and therefore in equity entitled to the official rate, and what part since that time, when the importer was taking his chances, I am not able to determine. In addition, there are some $4,000,000 of frozen credits in the form of unpaid drafts, receivables, merchandise or other items requiring [Page 48] payment by the debtor in dollars. All these, presumably, are in a different category, representing sums not yet collected from the debtor (local importers, etc.). What portion of these debts may still be good, and at what rates the debtors should now be required to provide exchange present difficult problems. But in general, it seems clear that the total amount of collectible or transferable credits is substantially smaller than had previously been supposed. In particular, it should be pointed out that of the total estimated frozen credits (Feb. 21, 1934), only 53,800,000 pesos is represented by deposits in banks, and that from this amount there must be deducted at least 31,000,000 pesos of which 18,000,000 has already been liquidated this year at the export draft rate and 13,000,000 represents the Telephone Company’s deposit at that time. These deductions would leave about 22,000,000 pesos, or less than a million dollars at the current export draft rate (or $1,333,000 at the rate of 16.55 to 1).

IV.

Throughout a long interview the Finance Minister discussed freely his present policy, but consistently refused to consider any better rate for frozen credits except in connection with a compensation treaty. I am satisfied that except in response to pressure in the form of some genuine threat to Chile’s markets in the United States he cannot be induced to alter this position.

His present policy with respect to exchange is to maintain the export draft rate at 25 to 1, equally for all countries, as to current trade, and to liquidate frozen credits at this rate, except as to the compensation countries. He has induced the British to furnish him a complete list of their frozen credits and has liquidated all but £40,000 of the British credits willing to accept this rate. He realizes fully, and pointed out in some detail, that some of the American frozen credits do not properly belong in that category. He has made two general offers to liquidate our frozen credits at the export draft rate, and is convinced that he will in time succeed in clearing up the problem by this method. He asked us if the Embassy is able and willing to furnish a true list of frozen credits. He dislikes compensation treaties and is convinced that they have worked to the injury of the foreign countries which insisted on them, and have resulted in a scarcity of exchange to finance their exports. He points out that Germany has not renewed the treaty which expired on June 30, 1934. He insists that the compensation countries themselves provide the differential in favor of their frozen credits in the high price for nitrate which prevails in these countries as compared with the price in England and the United States.

[Page 49]

V.

My conclusion is that preferential treatment for frozen credits, whether we mean by that treatment equal to that accorded to France and other compensation countries or merely a preferential rate as compared with current trade, cannot be secured except by a compensation treaty or by some other form of definite commercial pressure; and that in view of the relatively small size of the genuine frozen credits now remaining and the complicated status and character of these credits, making difficult the calculation of an equitable preferential rate, it would be unwise and impolitic to pursue such a course, since by it we would jeopardize the genuine good will which now exists, and might impair a trade position which appears to be distinctly favorable. If the Department should take this view, there would remain the question whether it wished, possibly after discussion with the American interests at home and in Chile, to acquiesce in the Minister’s request for a list of American frozen credits, to be provided through the Embassy, as the British have done, or would consider that such a list should be provided by the private interests concerned.

If this policy were pursued with respect to frozen credits, the broader question would be whether it is still advantageous to negotiate a general agreement respecting current trade. My present view, which as yet is merely tentative, is that in view of the fact that we are now receiving without agreement as good treatment on current trade as could be had by means of an agreement, there is little to be gained by a procedure which would involve a formal relinquishment of our contention for the principle of most-favored-nation treatment with respect to frozen credits. I should therefore be inclined to favor the fourth of the alternatives outlined in section I of the present memorandum.

John H. Williams
  1. Of the Federal Reserve Bank.
  2. Not printed.