611.1631/165: Telegram
The Chargé in El Salvador ( Fisher ) to the Secretary of State
[Received 10 p.m.]
60. With reference to the Department’s instruction 266, December 17th, Dr. Avila Sub-Secretary of Foreign Affairs informed the Legation [Page 571] verbally today that while the formal note will not be ready for 2 days Salvador accepts the new general provisions enclosed with the instruction referred to, including the most-favored-nation clause, with the following changes in the Spanish text:
- (a)
- Article I Salvador suggests deletion of the word “impuestos” from line 9 not line 8 holding that its repetition is confusing and omission would give clearer Spanish.
- (b)
- Article II last paragraph, lines 7 and 8, Salvador wishes to delete the words “un ‘drawback’ de derechos (de aduana)” and substitute in line 8 after the words “este permitido” the following “una devolucion o descuento (drawback) de derechos de aduana”.
- (c)
- Article VI second paragraph, section (a) Salvador suggests that the figures 1 to 4 should be followed by small o’s to indicate 1st, 2d, et cetera in order to avoid confusion.
- (d)
- Article XIII, paragraph 1, lines 7 and 8, the Ministry of Finance still desires that the last phrase read “provided that good faith be proven”, claiming the whole legal structure of the present law of contraband is based on this presumption of guilt. It rejects our use of “or when good faith can be proved” but is willing to compromise by simply deleting the last phrase “o cuando pueda establecerse la buena fe”.
Salvador accepts the revised text of schedule I and the inclusion of tomato juice under section 214–1–04–001 of the tariff.
Salvador also accepts the Department’s suggested changes in the wording of the pharmaceutical assurance and its inclusion as a note to schedule I. The phrase “debidamente autenticado” means authenticated by the appropriate Salvadoran Consul.
Salvador approves the omission of Panama from the penultimate paragraph of article XIV. Salvador agrees to the release of the text and analysis at the time of signature. The note will be forwarded by open air mail as soon as received.