611.2531/249

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

No. 825

Sir: Referring to my telegram No. 12 of January 12, 6:00 p.m., I have the honor to transmit herewith a copy and a translation of a memorandum received today from the Foreign Office relative to the question as to when the modus vivendi signed on January 6, 1938 will enter in effect.

Respectfully,

Wesley Frost
[Enclosure—Translation]

The Chilean Ministry for Foreign Affairs to the American Embassy

Memorandum

With reference to the inquiry presented to the Ministry by the Embassy of the United States of America, with regard to the date on which Chile will be able to put into force provisionally or definitely [Page 425] the Agreement signed in Santiago on the 6th day of the present month, the following should be noted:

1)
The Ministry of Finance has been asked, by virtue of the rights conferred on His Excellency the President of the Republic by clause 2 of Law No. 5142, to proceed to dictate a decree putting into provisional force, beginning with the first of February next, the Convention signed with the United States of America.
2)
The rights above mentioned authorize the President of the Republic to put in provisional force only the part of the Convention signed referring to customs. Therefore, the decree which the Ministry of Finance dictates will refer exclusively to the granting of the most-favored-nation clause, actually in force by the Agreement signed between the two countries on September 28, 1931;10 and
3)
The complete operation of the Provisional Commercial Convention depends upon its approval by the Chilean Congress. Once this is obtained, the exchange of ratifications will follow, an indispensable procedure in order that the other part (clauses) agreed upon may become effective.