Unperfected Treaty No. M–12

Sanitary Convention Between the United States of America and the Republic of Argentina, Signed May 24, 1935 31

The United States of America and the Republic of Argentina, being desirous of cooperating to prevent the introduction and spread of infectious and contagious plant and animal diseases and of insect pests, [Page 297] have agreed to conclude a convention for that purpose, and have appointed as their respective plenipotentiaries:

The President of the United States of America: Mr. Cordell Hull, Secretary of State of the United States of America;

The President of the Republic of Argentina: His Excellency Dr. Felipe A. Espil, Ambassador Extraordinary and Plenipotentiary of the Republic of Argentina at Washington;

Who, having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles:

Article I

The Government of the United States of America and the Government of the Republic of Argentina will notify each other promptly, through the usual diplomatic channels, of the appearance and extent of plant and animal diseases and of insect pests dangerous to human, animal or plant life.

Article II

The two Contracting Governments will exchange the official regulations, periodicals, and other publications that may be issued in the respective countries on the subject-matter of this Convention and likewise information concerning changes and substitutions which may be developed in the methods of prophylaxis, control, and care of plant and animal diseases and insect pests.

Each Government will permit visits to or stationing in its territories of experts and representatives of the other Government for the purpose of studying and observing on the ground the existence, distribution and methods of control and eradication of such diseases and pests as may appear in its territory. Each Government will facilitate, so far as possible, the studies and observations of the experts or representatives of the other Government.

Article III

Each Contracting Party recognizes the right of the other Party to prohibit the importation of animal or plant products, originating in or coming from territories or zones which the importing country considers to be affected with or exposed to plant or animal diseases or insect pests dangerous to plant, animal or human life, until it has been proved to the satisfaction of the Party exercising such right that such territory or zone of the other Party is free from such contagion or infestation or exposure to contagion or infestation. Neither Contracting Party may prohibit the importation of animal or plant products originating in and coming from territories or zones of the other country [Page 298] which the importing country finds to be free from animal or plant diseases or insect pests or from exposure to such diseases or pests, for the reason that such diseases or pests exist in other territories or zones of the other country.

Article IV

Certificates of origin or inspection of plant and animal products, issued by duly authorized sanitary officials of either of the contracting countries, shall be accepted by the authorities of the other country as proof of such origin or inspection, as the case may be, but the issuance of such certificates by the authorities of one of the contracting countries shall not preclude further inspection of the products by the authorities of the other country,” or further investigation with respect to them, to determine their freedom from infection or infestation or exposure to disease or insect pests, before entry is permitted.

Article V

The Government of the United States of America or the Government of the Republic of Argentina, as the case may be, will accord sympathetic consideration to such representations as the other Government may make regarding the application of sanitary laws and regulations for the protection of human, animal, or plant life.

In the event that the Government of either of the contracting countries makes representations to the Government of the other country in respect of the application of any sanitary law or regulation for the protection of human, animal or plant life, and if there is disagreement with respect thereto, a committee of technical experts on which each Contracting Government will be represented shall, on the request of either Government, be established to consider the matter and to submit recommendations to the two Governments.

Whenever practicable each Government, before applying any new measure of a sanitary character, will consult with the Government of the other country with a view to insuring that there will be as little injury to the commerce of the latter country as may be consistent with the purpose of the proposed measure. The provisions of this paragraph do not apply to actions affecting individual shipments under sanitary measures already in effect or to actions based on pure food and drug laws.

Article VI

This Convention shall be ratified and the ratifications shall be exchanged at the city of Washington as soon as possible.

The convention shall come into force on the day of exchange of ratifications and shall remain in force until sixty days after either [Page 299] Contracting Party shall have given notice to the other Party of its intention to terminate the Convention.

In witness whereof the respective Plenipotentiaries have signed the present Convention and have affixed thereto their seals.

Done in duplicate, in the English and Spanish languages, at the city of Washington this twenty-fourth day of May in the year of our Lord one thousand nine hundred and thirty-five.

Cordell Hull
[seal]
Felipe A. Espil
[seal]
  1. This convention was not acted upon by the Senate. Pursuant to a message from President Truman to the Senate, April 8, 1947, and a Senate resolution of April 17, 1947, the convention was withdrawn from the Senate. (Congressional Record, vol. 93, pt. 3, pp. 3583–3584.)

    An explanation of this convention was given by Secretary of State Cordell Hull in a letter to Senator Key Pittman, Chairman of the Senate Foreign Relations Committee, August 20, 1935. (Congressional Record, vol. 79, pt. 13, p. 14043.)