411.12/1793: Telegram
The Ambassador in Mexico (Daniels) to the Secretary of State
[Received 10:10 p.m.]
54. Referring to Department’s telegram No. 60, April 21, 4 p.m., Foreign Office confirms Department’s interpretation of paragraph Fourth, article A, which in final text of Convention becomes paragraph Third. Protocol and Convention to be signed Tuesday. Reference press statement accompanying Department’s instruction 323 of April 12,98 Minister of Foreign Affairs feels that a statement issued jointly by both Governments ought not to include matters that relate to action of American President or Senate, such as mentioned in third paragraph of the Department’s suggested statement. He plans to issue a statement as follows:99 [Page 466]
“The Minister for Foreign Affairs of Mexico and the Ambassador of the United States of America signed today a Protocol and a Convention. The Protocol relates to the claims of the United States and of Mexico presented heretofore to the General Claims Commission pursuant to the terms of the Convention of September 8, 1923. The Convention provides for the lump sum settlement of the claims of the United States covered by the Special Claims Convention of September 10, 1923.
The signing of these two agreements is designed to settle and adjust amicably the claims pending between the two countries through a simpler procedure than their submission to Mixed Claims Commissions.
The Protocol contemplates:
The resumption of activities by the agencies of the two Governments for the preparation and exchange, to be completed within a period of 2 years, of pleadings and briefs covering the claims of their respective nationals;
The appointment by each Government of an outstanding national jurist for the examination and appraisal of claims based on the pleadings and briefs presented by each agent;
The conclusion, after the 2-year period referred to above, of a Convention for the final settlement of the claims of the two Governments that have been appraised by the two national commissioners.
The rules of procedure to be followed by the agents of the two Governments are also fixed.
For the Convention, the basis of the agreement is that general average percentage of the settlements made by the Government of Mexico with European Governments in the adjustment of similar claims. The definite figures to be used in the final computations will be determined by a representative duly appointed by each Government, whose joint report shall be accepted as final. Ratifications will be exchanged when the Senate of each country has approved the Convention.”
Foreign Minister states he has no objection to any supplementary statement by the Department to take care of domestic situation.