Foreign Relations of the United States Diplomatic Papers, 1938, The American Republics, Volume V

611.2531/245: Telegram

The Chargé in Chile ( Frost ) to the Secretary of State

Santiago , January 12, 1938—6 p.m.
[Received 6:08 p.m.]

12. Department’s telegram No. 5, January 11, 4 p.m. Modus vivendi is not yet even provisionally in force. Minister of Hacienda will issue decree placing customs clauses in provisional effect as of February 1, his powers as to customs specification arising from law 5142.⁹ The other clauses cannot have even provisional effect until approved by Congress. Foreign Office will endeavor submit modus vivendi to present special session by immediate Presidential message. After approval by Congress ratifications must be exchanged between the two Governments. Will report when Franco-Chilean ratifications are exchanged. Also when Hacienda decree signed. Also congressional action if any. Foreign Office inquires when and how American Government can place modus vivendi in provisional or permanent effect and whether exchange of ratification will not under American law be necessary.

Frost

9. Chile, Boletín de Leyes y Decretos del Gobierno (Santiago, 1932), vol. cii, p. 213.