611.1431/123

The Chargé in Guatemala (O’Donoghue) to the Secretary of State

No. 729

Sir: Supplementing my telegram No. 38 of August 8, 12 noon, I have the honor to transmit herewith a copy and translation of the study or counter proposal made by the Minister of Hacienda and Public Credit, with reference to the Trade Agreement. It will be noted that in list No. 314 containing the customs items on which the rates of duty are to be bound during the life of the Agreement some four items, 465–1–01–02 and 465–1–04–02, 03 and 04 have been omitted. In reply to a query concerning this the Foreign Minister stated that “It would be understood in Washington”.

[Page 603]

In conversation with Dr. Skinner Klée yesterday he told me that when he formally transmitted Guatemala’s counter proposal to the Legation his Government most probably would ask one further concession, namely, that the Government of the United States should agree to demand certificates of origin on all imports of chicle no matter where coming from. He felt that this would effectively prevent the smuggling of chicle out of Guatemala through British Honduras.

Consul General Marsh and I have gone over the proposal submitted by the Minister of Hacienda and feel that the concessions granted represent a praiseworthy effort upon the part of the Guatemalan authorities to conclude a mutually advantageous trade agreement with the United States. However we believe that Guatemala might be induced to accept a readjustment or modification of some of the concessions which it is asking of our Government.

I should add that neither Mr. Marsh nor I have made any comments concerning the enclosures to any Guatemalan Officials other than to state that it would afford us pleasure to submit them to the Department for consideration.

Respectfully yours,

Sidney E. O’Donoghue
[Enclosure—Translation]

Counterproposal by the Guatemalan Ministry of Hacienda and Public Credit

Principal Compensatory Conditions Which the Government of Guatemala Requests of That of the United States, in Negotiating the Trade Agreement Suggested by the American Legation

The Government of Guatemala suggests that while the agreement is in force, the following be observed:

1st.
That the articles which at the present time are free from customs tariff continue enjoying this freedom and shall not be taxed by additional imposts or rates of any kind;
2nd.
That the present tariffs applicable to products exported from Guatemala to the United States shall not be increased, nor additional imports of any kind be levied on those products;
3rd.
That no restrictive measures affecting the entry of Guatemalan products into the United States shall be prescribed. (See Article VI of the Draft Treaty);
4th.
That the entry of alligator pears produced in Guatemala be permitted, provided that they be fruits of thick skinned variety; having the right to enter them through any port of the United States;
5th.
That any concession, advantage, favor or privilege which may have been or may be granted hereinafter to another country by the [Page 604] United States of America with regard to imports be granted immediately and unconditionally to Guatemala, excepting the exceptions expressly stipulated in the agreement. (See Article X of the Draft Treaty and paragraph four of Article XIV thereof);
6th.
That concessions, advantages, favors or privileges which Guatemala extends to the other Republics of Central America and Panama on import or export transactions and the duties, rates and imposts which affect these (countries) are excepted from this agreement. (See paragraph five of Article XIV of the Draft Treaty); and
7th.
That the tax on the articles set forth in list number 2 be lowered in the proportion indicated in the column of “suggested tariff”.

Principal Stipulations of the Concession Which the Government of Guatemala Grants to That of the United States in Negotiating the Trade Agreement Suggested by the American Legation

1st.
Accepts the general provision of the draft, provided that in the final form, there be taken into consideration the seven points contained on the sheet attached hereto, on which is set forth the compensation and exceptions which are requested from the Government of the United States upon entering into the agreement;
2nd.
Lowers the tax on articles set forth in list number 1 to the figures noted in the column of “suggested tariff”; and,
3rd.
Agrees not to modify during the life of the agreement, the tariffs on the articles enumerated and set forth in list number 3.
  1. Lists mentioned herein not printed.