339.115 General Motors Export Co./31: Telegram

The Minister in the Dominican Republic ( Schoenfeld ) to the Secretary of State

33. See enclosure to my despatch No. 2398, April 18,7 and second paragraph of my telegram No. 29, April 24. Last night press published official notice by the state’s attorney for the national district that by virtue of article I of law number 893 promulgated April 24 he had constituted the state a civil party in the proceedings against certain persons named, including Barletta, charged with certain specified offenses in violation of the Penal Code as amended and any accomplices of such persons. Notice directs any debtor of the accused who wishes or is obliged to settle obligations to address himself to Judge of Instructions in charge of the proceedings, states that payments shall be made through this magistrate and that all stocks held by accused are subject to first lien for indemnity and nontransferable from the date of commission of offenses charged.

It appears that bill reported in my despatch cited has been promulgated and is being applied retroactively notwithstanding the statements of Minister for Foreign Affairs reported in my telegram cited.

In view of the fact that General Motors Corporation and Penn Tobacco Company besides other American nationals are known to be [Page 484] interested heavily if not to the extent of ownership of majority of stock in Santo Domingo Motors Company and Dominican Tobacco Company respectively of which Barletta referred to in official notice is president, I believe it would be wise precaution to advise Dominican Government of reservation of all rights in behalf of American nationals whose interests are, or may be, adversely affected by proceedings announced in pursuance of law Number 893.

  1. Not printed.