The Secretary of State to the Chargé in Guatemala (O’Donoghue)
10. Your despatch No. 885 of February 12.
1. Suggest to the Foreign Minister the substitution of wording used in Article 5 of trade agreement with Brazil8 for present Article 8.
2. The Department agrees to the insertion between present paragraphs 2 and 3 of Article 9 of the following paragraph: [Page 590]
With respect to non-commercial transactions it is agreed that the Government of each country shall apply any form of control of foreign exchange in a non-discriminatory manner as between the nationals of the other country and the nationals of any third country.
3. As regards notes 1 and 2, assure the Guatemalan Government again that our attitude is entirely in sympathy with its insistence on high standards for imported foodstuffs and medicinals. We believe, however, we can reasonably request assurance that no requirements impossible of fulfillment such as authorization for sale, et cetera, by established authorities, federal or otherwise, both on foodstuffs and pharmaceuticals, will be imposed. Although present liberal interpretation of Guatemalan laws and regulations appears satisfactory we need some guarantee against less favorable treatment in the future, which is apparently possible under existing laws. Department of Commerce files indicate frequent difficulties in the past including cases where Guatemalan consuls refused to accept certificates from Chambers of Commerce or similar associations, which are practically the only organizations we have capable of extending such certificates. The Department’s consideration of this question has been handicapped by the fact that complete information has not been available here on legal status of the certification requirements. It is suggested therefore that you go over the matter again thoroughly with the proper official and endeavor to reach agreement. If our proposal without amendment is still not satisfactory we will then authorize you to suggest removal of the two notes from the agreement and their incorporation in a suitably drafted note which Guatemala can sign concurrently with agreement.