611.1431/145

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

No. 824

Sir: With reference to the Department’s instruction No. 230 of October 23, 1935, I have the honor to report that by note dated October 28, a copy of which is attached hereto,20 I submitted to the Foreign Office the tentative final draft of the proposed Trade Agreement with Guatemala. I have now informally received a copy of the Spanish text of the Agreement as prepared in the Ministry for Foreign Affairs. This text has been checked over by me and insofar as I am able to determine agrees with the English text of the proposed Agreement. It will be observed that the two paragraphs which the Department indicated it would have no objection to including as paragraphs 3 and 4 of Article XIII of the General Provisions of the Trade Agreement were omitted in the Spanish text. In reply to my inquiry concerning this the Foreign Minister told me that they were still the subject of study upon the part of the competent authorities.

Immediately upon receipt of the enclosure I called on the Foreign Minister and asked him if I might assume the delivery of the Spanish text indicated his Government’s final approval of the Agreement and its willingness to sign. The Minister then told me that President Ubico had indicated his unofficial approval of the Agreement but that he (the President) was still somewhat concerned that the question of chicle being maintained upon the United States tariff free list has not been finally determined. The Minister stated that while he fully appreciated the Department’s “chief supplier” reasons for not mentioning chicle in the Trade Agreement nevertheless in order for him to secure the President’s authority to sign the proposed Agreement as well as to secure its final ratification by the Legislative Assembly he [Page 613] would have to have some sort of “private assurances” that it was not the intention of our Government to place a tax upon chicle. I told Dr. Skinner Klée that I would be glad to transmit his request to the Department for its consideration but that I was somewhat dubious as to the Department’s ability to furnish him with the assurance he desires.

I am attaching hereto a copy of a draft note21 which I have shown to the Foreign Minister and which he indicated might be acceptable to President Ubico. Should the Department approve its transmission to the Guatemalan Foreign Office I should appreciate being advised by telegraph.

Respectfully yours,

Sidney E. O’Donoghue
  1. Not printed.
  2. Not printed.