The Ambassador in Chile (Philip) to the Secretary of State

No. 165

Sir: I have the honor to acknowledge receipt of the Department’s Instruction No. 69 dated March 26, 1936, regarding the negotiation [Page 321] of a temporary commercial agreement by an exchange of notes. Paragraph 3 of this Instruction indicates a confusion as to the date upon which our present modus vivendi will be terminated.

Article 3 of the present American-Chilean modus vivendi states as follows: “This provisional arrangement will last while the above mentioned modus vivendi remains in force”. (The reference is to the Franco-Chilean modus vivendi of May 22, 1931.) Article 11 of the Franco-Chilean convention, signed on January 16, 1936, and which was transmitted to the Department in the Embassy’s despatch No. 78 of January 18, 1936,18 states as follows: “The present convention will be ratified and will enter into effect fifteen days after the exchange of instruments of ratification”.

According to the interpretation placed upon the status of the American-Chilean modus vivendi in the Memorandum of the Chilean Foreign Office dated February 19, 1936,18 transmitted to the Department with the Embassy’s despatch No. 119 of February 26, 1936, our modus vivendi with Chile will remain in effect until the Franco-Chilean commercial convention goes into effect. It seems clear, therefore, that our modus vivendi will be terminated in accordance with the provision of Article 11 of the Franco-Chilean convention, namely, fifteen days after the exchange of instruments of ratification of that convention.

Respectfully yours,

Hoffman Philip
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