810.154/1131

The Secretary of State to the Minister in Guatemala (Des Portes)

No. 79

Sir: Referring to the Department’s instruction No. 223 of September 3, 1935,10 with which was enclosed the text of a proposed note to be delivered to the Guatemalan Government outlining the conditions on which your Government proposed to cooperate with that of Guatemala in the construction of the Tamazulapa Bridge on the route of the projected Inter American Highway, there is enclosed the text of another proposed note for delivery by you to the Minister of Foreign Affairs of the Government to which you are accredited regarding further cooperative construction work along the route of the Inter American Highway in Guatemala. A blank space has been left near the beginning of the enclosed proposed note in which you are to insert the date of the note addressed by your Legation to the Guatemalan Government in consequence of the instruction referred to above.

Very truly yours,

For the Secretary of State:
Sumner Welles
[Page 181]
[Enclosure]

Text of Note To Be Addressed to the Guatemalan Minister for Foreign Affairs

Excellency: Referring to the Legation’s related note of . . . . . I have the honor to inform Your Excellency that I have been directed to make the following explanations regarding further cooperative construction work along the route of the Inter American Highway through your country:

It is understood that when Mr. E. W. James of the Bureau of Public Roads of my Government was in Guatemala some months ago to discuss with the appropriate authorities of your Government plans for further cooperative construction work along the route of the projected Highway, he was informed that, instead of the construction of a bridge over the Panajachel River, in the construction of which he was prepared to say that he believed his Government would be able to cooperate, as in the construction of the Tamazulapa bridge, the interested officials of your Government indicated that they would prefer to have the cooperation of my Government in the construction of two small bridges and in supplying culvert pipe and other culvert materials needed along approximately twenty-four kilometers of the route of the Highway between Asunción Mita and the frontier of El Salvador. It is also understood that this section of the projected Highway has already been re-located by engineers of the Bureau of Public Roads of my Government, that the new location has been accepted by the highway organization of your Government, and that the latter has recently indicated, informally, a desire that my Government furnish certain road-building equipment for use in the construction work specified.

I am instructed to inform Your Excellency that careful consideration has been given to the matter by the appropriate officials of my Government and that the procedure suggested by the Guatemalan authorities is acceptable to my Government.

Accordingly, I have been directed to state that my Government is prepared to cooperate in the designated construction work by supplying the necessary materials for, and erecting, under the conditions that have governed in the cooperative construction of the Tamazulapa bridge, the two specified small bridges along the designated section of the Inter American Highway. It is also understood that no customs of El Salvador, by supplying and delivering the culvert pipe and other culvert materials needed along the same section of the Highway, and by furnishing and delivering the necessary road-building equipment [Page 182] for use in the construction work specified, with the understanding that such equipment will not be used on any roads not on the route of the Inter American Highway. It is also understood that no customs charges shall be assessed against my Government upon the entry into Guatemala of any of the specified bridge or culvert materials or road-building equipment, that there shall be no charges for passing these articles over wharves owned by the Guatemalan Government or for transporting them on Government owned vessels or railways, and that when on privately owned railways, vessels or wharves only such charges shall be paid on such articles as are paid on articles owned by the Guatemalan Government. It is further understood that in the cooperative construction work along the specified section of the Highway and in the transportation of the articles supplied by my Government, Guatemala will furnish all necessary rights of way, provide easements sufficient for needed operations, and hold the United States harmless under local law for all employees liability obligations.

If the proposal outlined immediately above is acceptable to your Government, I would appreciate having you address to me a note in reply stating that fact. On receipt of your reply I shall be pleased to forward a copy of it to the Department of State of my Government. As soon as your statement that the proposal is acceptable to your Government shall have reached the Department of State, the necessary steps will be taken to carry out my Government’s part of the proposed construction work.