611.3731/2241a

Memorandum93

In connection with the signature of the supplementary trade agreement between the United States of America and the Republic of Cuba, signed this day, it was agreed as follows:

The phrase “subject to the provisions of this paragraph” in the second sentence of the third paragraph of the note to item 501 of Schedule II of the Trade Agreement of August 24, 1934, as amended by the supplementary trade agreement, shall be understood to mean that, if the rates of duty set forth in Column 2 of Schedule II should at any future date become effective by reason of a public notice issued pursuant to the provisions of the sentence in which this phrase occurs, and subsequently limitations on the importation into, or the marketing in, the United States of America of sugar originating in the Republic of Cuba cease to be provided for by law, the application of these rates will be [Page 578] terminated pursuant to the provisions of the first sentence of the same paragraph. If, thereafter, such limitations should again be imposed, the rates of duty would again be determined in accordance with the provisions of the second sentence.

Cordell Hull

Secretary of State of the United States of America
Pedro Martínez Fraga

Ambassador Extraordinary and Plenipotentiary of the Republic of Cuba
  1. In a memorandum of January 25, 1940 (611.3731/2261½), Mr. J. J. Reinstein of the Division of Trade Agreements stated that this memorandum was prepared at the request of the Treasury Department and that since this request was received only three quarters of an hour prior to the time fixed for the signing of the agreement it was not possible to arrange for signature or initialing of minutes by the negotiators. The memorandum was therefore prepared for the signatures of the plenipotentiaries. It was understood with the Cuban Ambassador that it was a notation for the record on a technical point and was not to be published with the agreement.