411.12/2847

The Chargé in Mexico ( Boal ) to the Secretary of State

No. 3726

Sir: With reference to my telegram No. 115 of today’s date,49 I have the honor to transmit herewith a copy and translation of the Foreign Office’s note.

Respectfully yours,

Pierre de L. Boal
[Enclosure—Translation]

The Mexican Minister for Foreign Affairs ( Bay ) to the American Chargé ( Boal )

Mr. Chargé d’Affaires: I have the honor to refer to your courteous note number 1662 of today’s date, in which, after setting forth, on behalf of your Government, the reasons of the latter for not accepting the proposal which the Government of Mexico made to your Government in note dated the 11th of the current month, you suggest a procedure for accomplishing the purpose regarding which the two Governments are in absolute accord. In reply, I beg leave to advise you, in order that you may so inform the Government of the United States, that my Government considers that the claims filed with the General Claims Commission which the Agencies of both countries before that Tribunal may not memorialize by the 30th of June, 1936, should be considered extinguished by a waiver of rights (extinguidas por desistimiendo) on the part of the Governments of the United States and of Mexico, respectively, in virtue of the agreement which paragraph (h), Clause Sixth of the Protocol of April 24, 1934, implies; however, being desirous of finding a practical procedure which, without signifying any modification in the thesis maintained in its note of the 11th of the present month in respect to the unmemorialized claims in question, will permit the Government of the United States to overcome the difficulties which it appears to have encountered in the way of accepting the proposal contained in the communication of this Ministry dated the 11th of the present month, my Government has no objection to the adoption by the two Governments, through their respective [Page 749] Agencies, of the course of action outlined in the points proposed in your note number 1662, to which I have the honor of replying.

Consequently, and in view of the last part of your above mentioned note, I beg leave to inform you that the Agent of Mexico before the General Claims Commission will be instructed accordingly.

Accept [etc.]

Eduardo Hay
  1. Not printed.