The Chargé in Guatemala (O’Donoghue) to the Secretary of State
[Received March 23.]
Sir: I have the honor to acknowledge the receipt of the Department’s telegram No. 14 of March 17, 12 Noon, in further connection with the proposed Trade Agreement with Guatemala, immediately upon receipt of which I addressed a note to the Foreign Office relative to obtaining Guatemalan acceptance of the wording used in the first paragraph of Article X of the Trade Agreement with Haiti in substitution for the first paragraph of Article XIII of the draft Treaty with Guatemala. At the same time I informally transmitted a copy of my note to the Minister of Hacienda.
This morning Commercial Attaché Howard H. Tewksbury and I called on the Minister of Hacienda with particular reference to Notes 1 and 2. The Minister proved himself somewhat more amenable to reason than heretofore and stated that if the wording of both Notes 1 and 2 could be changed around he would be able to accept them without either of the two amendments previously proposed by him with regard to existing Guatemalan Sanitary Regulations. The arrangement which he suggested was quoted in translation in my telegram No. 23 of today’s date11 as follows:
“For the importation and sale of food products of any kind now classified under Sections one and two of the Guatemalan Customs Tariff the Government of Guatemala will not require certificates nor impose special regulations which may be impossible of fulfillment in the United States because of the lack of a duly authorized federal agency for that purpose”.
Note No. 2, following the same arrangement, should read:
“For the importation, registration, licensing and sale of pharmaceutical specialties and patent medicines now classified under Section IV, Title II, Chapter 8 of the Guatemalan Customs Tariff the Government of Guatemala will not require certificates nor impose special regulations which may be impossible of fulfillment in the United States because of the lack of a duly authorized federal agency”.
In subsequent conversation I referred to my note to the Minister for Foreign Affairs, a copy of which I had sent him. The Minister stated that he would be prepared to accept the wording suggested provided that the words “the exporter” be inserted immediately after the word “documentation”. The Minister stated further that he would immediately advise the Minister for Foreign Affairs with regard to Notes 1 and 2 as well as Article XIII in order that there might be no further delay in drawing up the proposed Agreement.[Page 594]
Both Mr. Tewksbury and I are of the opinion that there can be no valid objection with regard to the changes suggested by the Minister of Hacienda since they appear to give full protection to American export interests as well as being acceptable to the Guatemalan authorities.