633.116/107

The Minister in Uruguay (Dawson) to the Secretary of State

No. 157

Sir: I have the honor to refer to the Department’s instruction No. 10 of March 23, 1938 (no file number), enclosing a draft memorandum in which it was suggested that the Uruguayan Government make known to our Government certain information regarding foreign exchange transactions. As reported in my despatches No. 106 of April 8 and No. 147 of May 6,64 I handed the memorandum on April 7 to the Minister of Foreign Affairs and was informed on May 5, when I reminded him of the matter, that the Bank of the Republic would transmit its reply in a day or two.

The Legation received at noon today a memorandum from the Foreign Office, dated May 12, containing the Bank’s reply. I enclose copies of the memorandum and a translation which has had to be prepared in great haste in order to be forwarded by today’s air pouch.

As will be observed, the reply is wholly unsatisfactory in that the Bank has confined itself to what is virtually a restatement of the Uruguayan position. No figures whatever have been furnished or promised. However, after asserting that its statistics are prepared with the greatest care, the Bank does say:

The Government of the United States, through its Legation, has at its disposal all the elements and antecedents concerning the matter, for the purpose of verifying the figures recorded as well as checking (controlar) future movements.

The Legation might very properly address to the Foreign Office a note pointing out the unsatisfactory nature of the Bank’s reply and renewing the request for the information desired by the Department. In view, however, of our experience thus far with correspondence to which the Bank of the Republic has been a party, I doubt the advisability of handling the matter in this way. I am inclined to believe that the best course would be for me to tell the Minister of Foreign [Page 949] Affairs verbally that the Bank’s reply is very disappointing in that it contains none of the information requested. I should at the same time refer to the Bank’s statement quoted above and say that I hope that it may be interpreted as meaning that the Bank is prepared to make information available to the Legation. I should request the Minister’s authorization to pursue the matter further with the Bank’s officials and if, as I anticipate, he interposed no objection, I should seek an interview with the President of the Bank and endeavor to arrange to have one of my assistants visit the institution for the purpose of collecting at first hand as much as possible of the information requested in the Department’s memorandum.

However, in view of all the circumstances and as the Department is understood to be discussing the whole situation with the Uruguayan Minister in Washington, I deem it advisable to await its instructions before taking any further action. In case it approves the course suggested above, it may desire to send me a brief telegraphic instruction to this effect.

Respectfully yours,

William Dawson
[Enclosure—Translation]

The Uruguayan Ministry for Foreign Affairs to the American Legation

Note Verbale

The Ministry of Foreign Affairs has the honor to acknowledge the receipt of the Memorandum of the Legation of the United States of America of April 7 last concerning the present situation of the trade of Uruguay with the United States of North America, which was duly submitted to the Bank of the Republic for consideration, the Bank having replied in the following terms:

“The Government of Uruguay shares the principles maintained in commercial matters by the Government of the United States of North America and believes, as it does, that the most efficacious and effective means of intensifying the currents of interchange is to be obtained through a policy of absolute freedom in the movement of merchandise, free from any system of control as respects the fixing of import quotas for merchandise or products and as respects discrimination. The initiative as regards the application of such principles must come, naturally, from those countries which are in a position to impose norms on international commerce, and not from Uruguay, a country with a small territory and limited range of production, which must necessarily adapt itself to the demands of the countries which purchase its products. It was precisely because of this circumstance, and faced with the danger of losing its outlet markets, that Uruguay found itself compelled to sign commercial and payment agreements on a bilateral basis. However, in these agreements there are not [Page 950] established any discriminations or import quotas. The clause concerning ‘most-favored-nation treatment under equal conditions’ stipulated in these agreements implies full freedom of commerce, the extension of which depends naturally upon the volume of purchases which the signatory countries make in Uruguay under the operation of such agreements. The countries which sell their products to Uruguay, whether or not they have signed agreements, do not suffer the least discrimination as respects their merchandise if the quota at their disposal permits their importation without restrictions. If, on the other hand, the quota were a small one and did not permit importation to the extent of the volume of their sales, Uruguay reserves the right to exercise discrimination, authorizing the importation of those products which it considers advisable or which cannot be acquired in countries having available an ample quota. Uruguay has exhausted all its efforts in favor of trade with the United States. The considerable unfavorable balance shown by the balance of payments demonstrates eloquently the intentions of Uruguay in this regard. It has allocated to the United States controlled exchange produced by other countries, in order that its products might be cleared under conditions as favorable as those for the products of countries which usually buy from us. It granted the United States extraordinary quotas under favorable conditions, without imposing restrictions, to the extent that even the importation of automobiles was covered with controlled exchange. It offered the United States to disregard the unfavorable balance in the balance of payments and to apply immediately to imports of its (American) goods the exchange which it (the United States) might create through its purchases. Finally, it (Uruguay) proposed a special arrangement consisting in the use of Hallgarten bonds65 to clear merchandise in the customs, without finding a favorable response on the part of American merchants. However, except for the good intentions expressed on every occasion, the Government of the United States has not contributed materially any solution to the problem and merely demands payment for the products of that country without taking into account the vertiginous decline in its purchases from Uruguay. With respect to the question raised in the last part of the Memorandum of the Legation, it must be stated that the discrepancy noted between the statistics of the Bank and the customs statistics is easily explained. The statistics of the Bank are based on the value of exchange purchased for exports and exchange sold for imports and other purposes. This means that there are taken into account the true factors which represent the products exchanged. Customs statistics, on the other hand, cannot even approximately show the same exactness. The value which the customs assign to export and import products is determined by the official valuation (aforo) according to the tariffs, and it may be understood from this that they cannot even remotely be taken as an index to establish the true measure of interchange. The Bank of the Republic exercises the greatest care in the preparation of its statistics as well as in matters pertaining to the destination of exports and other details which serve [Page 951] as a basis in compiling data. The Government of the United States, through its Legation, has at its disposal all the elements and antecedents concerning the matter, for the purpose of verifying the figures recorded as well as checking (controlar) future movements. Finally, it should be stated that the Bank of the Republic, in concert with the public authorities, is studying at this time the problem involved in the accumulation of merchandise in the customs. The solutions which may be reached will benefit equally the United States and other countries whose situation with Uruguay in the commercial field is not as disadvantageous as that of the United States.”

Montevideo, May 12, 1938.

  1. Neither printed.
  2. By agreements of March 24, 1938, Hallgarten & Co. of New York became the paying agent for external conversion sinking fund dollar bonds offered to holders of outstanding dollar bonds of the City of Montevideo. See Foreign Bondholders Protective Council, Inc., Annual Report, 1938 (New York, 1939), pp. 1086 ff.