611.1431/143a
The Secretary of State to the Chargé in Guatemala (O’Donoghue)
Sir: Referring to the Department’s telegram No. 34 of October 14 (7 p.m.),19 and to the last paragraph of your despatch No. 785 of October 7, 1935,19 I am transmitting herewith a tentative final draft of the proposed trade agreement with Guatemala.19
In the event that the Guatemalan Government is not satisfied with the headnote proposed for Schedule I, you may suggest language similar to that used in the headnote to Schedule II, which is standard in trade agreements concluded by this Government.
In certain of the trade agreements already concluded or in process of negotiation, the Department has included the following two paragraphs:
“In the event that the Government of either country 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 Government shall 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 the Government of either country, 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.”
The Department would perceive no objection to including the above paragraphs as paragraphs three and four of Article XIII of the General Provisions of the Trade Agreement with Guatemala, in the event the Guatemalan Government so desires.
As soon as you have reached complete accord on the text of the agreement, you are requested to advise the Department by telegraph in order that final approval may be sought here. Arrangements for signature can then proceed and full powers authorizing Minister Hanna or you to sign for this Government will be forwarded to the Legation.
Very truly yours,