838.516/119

Memorandum of the Office of the Foreign Trade Adviser, Department of State

A conference was held in the Latin American Division of the Department of State on February 3, 1920, to discuss modifications which should be made in the present concession of the National Bank of Haiti in the event that the stock and the assets of this Bank should be purchased by the National City Bank of New York.

There were present Mr. Lay, Acting Foreign Trade Adviser of the Department of State, Dr. Rowe, Chief of the Division of Latin American Affairs, Mr. McIlhenny, Financial Adviser to Haiti, Mr. John H. Allen, Vice President of the National City Bank of New York, and Mr. Dunn and Mr. Munro of the Department of State.

At this conference it was agreed that the following modifications should be made in order that the proposed transactions might meet with the approval of the Department of State and of the Haitian Government.

[Annex]

Modifications to be Made in the Concession to the National Bank of Haiti 52

I.
The Commissions collected by the National Bank for the treasury service, as provided in Article 17 of the Concession and Article 4 of the Agreement of July 10, 1916, shall be abolished.
II.
In lieu of these commissions, the Bank shall receive payment on account of the treasury service at the following rate: When the total receipts of the Government in a given fiscal year amount to six million dollars, the Bank shall receive a commission of sixty-eight thousand dollars. For each additional one million dollars of the Government’s income the bank shall receive an additional ten thousand dollars, and when the income of the Government is less than six million dollars, the commission received by the Bank shall be decreased at the rate of ten thousand dollars for each million dollars by which the Government’s income is less than six million dollars. In no fiscal year, however, shall the payment to the Bank on account of the treasury service exceed the sum of one hundred thousand dollars.
III.
The National Bank of Haiti agrees to allow the Government interest on its credit balances, whether in gold or in gourdes, at the current rate allowed by said Bank on demand deposits. Should it happen at any time that the Bank is unable to allow interest on gold deposits, it shall transfer the funds to New York, allowing interest thereon at the rate allowed by the National City Bank of New York for foreign demand deposits. The cost of transferring the gold to and from New York, if any, shall be for the account of the Government.
IV.
When the Government shall decide to issue through the Bank new fractional currency, as provided in Article 12 of the Concession, the profits arising from the coinage of this currency shall be credited to the Government by the Bank. These profits shall be deposited with the Bank in a reserve fund in legal tender money of the United States of America, to be held in the vaults of the Bank, and to be used only for the purpose of redeeming the fractional currency of the new issue in American money on demand. This fund shall at all times be equal to thirty-three and one third per cent of the total amount of fractional currency of the new issue in circulation, and the Government shall make such additions to the fund from time to time as may be necessary to maintain this proportion. If the profits arising from the coinage of the fractional currency should increase this fund to more than thirty-three and one third per cent of the amount of fractional currency of the new [Page 818] issue in circulation, the excess shall continue to form part of the reserve fund: but it may be used by the Bank like other deposits of Government funds and the Bank shall pay interest to the Government upon this excess as upon other Government deposits. If the profits from the coinage of fractional currency should increase the reserve fund to more than fifty per cent of the total amount of fractional currency of the new issue in circulation, the amount by which the reserve fund exceeds fifty per cent of the total amount of fractional currency of the new issue in circulation shall be paid by the Bank to the Government and may be used by the Government for other purposes.
V.
The Bank shall at all times exchange its own notes for fractional currency of the new issue and the new fractional currency for its own notes on demand when presented in amounts of not less than fifty gourdes and not more than one thousand gourdes.
VI.
The Bank shall at no time invest a sum larger than its paid-up capital stock and surplus in mortgages or in loans having a longer maturity than nine months.
VII.
The Financial Adviser shall at all times have the right to inspect all of the operations of the Bank and to call for such reports from the Bank as he may deem necessary.
VIII.
If the stock of the National Bank of Haiti should at any time be sold by the National City Bank, the National City Bank agrees that the Government of Haiti shall have a preferential right to purchase the stock of the National Bank of Haiti at the same price which may be offered by any other bona fide purchaser.
IX.
The above provisions supercede all contrary provisions in the contract, and it is understood that the prohibitions of Article 13 of the contract relating to the issue by the Government of fiduciary and nickel money shall not apply to fractional currency issued in accordance with the provisions herein contained.
Fleury Féquière 55

ad referendum
John A. McIlhenny

Financial Advisor
Ch. Moravia 56

ad referendum
Julius G. Lay

Acting Foreign Trade Advisor
  1. This agreement was presumably signed Feb. 6, 1920. An unsigned verbatim copy of the agreement, stamped May 28, 1920 (file no. 838.516/135), has appended after article IX the following:

    Additional, Amendment Subsequently Agreed Upon

    “After the expiration of the period set by the currency reform agreement for the retirement of the Government paper money, the Government will adopt such regulations affecting the importation of foreign currency as may appear necessary to safeguard the currency system of the Republic of Haiti. The Financial Adviser will consult with the Bank upon such measures as may be deemed necessary.”

  2. Haitian Minister of Finance.
  3. Haitian Minister at Washington.