611.1731/145b

The Secretary of State to the Minister in Nicaragua ( Lane )

No. 390

Sir: I am transmitting herewith, for your information, a copy of the general provisions6 and of Schedule I in draft form7 which the Department has furnished the Nicaraguan Legation in Washington in compliance with a request recently made by the Chargé d’Affaires.

You will notice that several small changes have been made in the attached draft of the general provisions. The last sentence of Article IV has been omitted. Consult in this connection point three in the Department’s telegram No. 2, January 10, 1936, noon. In Article VT, the exception formerly numbered 2(a) (1) has been omitted and the remaining exceptions renumbered. This change has been made since no prohibitions or restrictions figure in the agreement in its present form. The phrase “that may take place” which occurs in the last line of Article XIV has been deleted in the interest of greater clarity.

[Page 784]

The enclosed draft of the general provisions should be considered by the Legation as superseding the draft transmitted with the Department’s instruction No. 292 of July 16, 1935,8 although the Department realizes that further changes in text may be necessary as a result of the conversations now in progress with officials of the Nicaraguan Government.

The enclosed draft Schedule I has not heretofore been compiled, since at the time your instructions to negotiate the agreement were sent, the Department believed it unnecessary to spend the time to do so when it was understood that you would be able to carry on direct personal negotiations. The Department believes, however, that it will be a good plan to present the enclosed Schedule at this time to the Nicaraguan Government and you are authorized in your discretion to do so. It is believed that the attached Schedule I in its present form is self-explanatory if considered together with the material supplied you in the Department’s instruction No. 305 of August 3, 1935,9 but the Department will be glad to clear up any doubtful points. In presenting this Schedule to the Nicaraguan Government, please make it clear that it is tentative and subject to change in its present form.

Very truly yours,

For the Secretary of State:
Sumner Welles
  1. Not printed. This draft is very similar to the Standard General Provisions for Trade Agreements printed in Foreign Relations, 1935, vol. i, p. 541.
  2. Not printed. Schedule I is a list of tariff concessions to be made by Nicaragua on articles imported from the United States.
  3. Foreign Relations, 1935, vol. iv, p. 822.
  4. Ibid., p. 824.