611.3531/86
The Ambassador in Argentina (Bliss) to the Secretary of
State1
Buenos
Aires, September 20,
1927.
No. 18
Sir: I have the honor to refer to the
Department’s instruction No. 68 of August 18, 1926,2 relative to a Treaty of
Friendship, Commerce and Consular Rights of which the central principle
would be an unconditional most-favored-nation clause, which would
replace the Treaty of Friendship, Commerce and Navigation of 1853
originally entered into between the Government of the United States and
the Argentine Confederation.3 The Department of State
further informed the Embassy on June 21, 1927,2 of the attitude adopted by
various South American countries towards this subject. The Embassy had
made various oral requests of the Ministry for Foreign Affairs relative
to the development of Argentine opinion upon the advisability of
entering into negotiations for such a Treaty. The utter failure of the
legal division of the Ministry for Foreign Affairs to place the question
upon its proper basis is set forth in Embassy’s Despatch No. 351 of July
27, 1927.2
The Embassy is now in receipt of a note with an enclosed protocol from
the Ministry for Foreign Affairs dated September 8, a copy and
translation of which are transmitted herewith. The salient features
appear: 1, the reference to the reported visit of American Commissioners
to investigate the cost of production (of flaxseed and corn, is to be
understood), and 2, the desire of the Argentine Government to sign a
protocol allowing either party signatory to the Treaty of 1853 to
denounce that Treaty at any time upon a notification of six months.
The appended protocol should be taken, I believe, as an indication that
the Argentine Government is not at this moment desirous of entering into
negotiations for a new Treaty containing an unconditional
[Page 422]
most-favored-nation clause.
Their expressed wish to place in the Treaty of 1853 an addition granting
this right of denunciation might prove detrimental to the United States,
should it be ratified, inasmuch as it would provide an avenue of attack
to those nations which are in active commercial competition with the
United States, by enabling foreign pressure to bring about an abrogation
of the Treaty.
I have the honor to call the Department’s attention to the Embassy’s
despatch No. 372 of August 18, 1927,4 which transmitted a portion of the annual report of
the Argentine Embassy at Washington, which contains pertinent facts
concerning the attitude to be adopted at this time by Argentina
regarding negotiations for a new Commercial Treaty with the United
States.
I have [etc.]
[Enclosure—Translation]
The Argentine Minister for Foreign Affairs
(Gallardo) to the American
Chargé (Cable)5
Buenos Aires, September 8, 1927.
Mr. Chargé d’affaires: As I had the
pleasure of informing the Embassy under your worthy charge in my
note of December 2 last, my Government has considered with the
greatest care the American proposal of September 17 with reference
to the negotiation of a new Treaty of Commerce between the United
States and the Republic.
The desire of the American Government to direct its commercial policy
in accordance with modern principles is shared by the Argentine
Government. Without doubt you know the statements which the
commercial and industrial organizations of Argentina have made on
separate occasions requesting a complete revision of our system of
treaties, which according to these petitions should begin with the
general denunciation of all the conventions now in force.
The legislature has supported these desires of the public and in
obedience thereto has appointed a parliamentary commission whose
duty it is to study the conventions now in force and to give advice
with respect either to the approval or alteration of the principles
upon which they are based. Although the commission has not at this
date rendered a definite report, the Executive Power believes that,
whatever may be its future decision, the moment has arrived to
prepare the ground for the modifications which will certainly be
[Page 423]
suggested, and above all
to create the diplomatic resources which would provide the means to
readjust the treaties questioned by public opinion and fortunately
rejected even from a theoretical standpoint, as inefficient and
obsolete, by certain of the contracting States with whom we are
bound by them, as for example in the present instance by the
American Foreign Office, which offers the new formula referred to in
the above mentioned note of September 17, 1926.
In view of the foregoing and with the desire to obviate unavoidable
differences of interpretation which the new forms of international
commerce and its official control might advance with respect to the
enforcement of the Treaty of Commerce of 1853, as for instance, the
opinion which I presented to the Embassy under your worthy charge in
the Memorandum of July 19 last, with reference to the reported visit
to the Republic of an American commission to investigate the cost of
production, I have the pleasure to request you to enquire of your
Government the views which it might entertain in regard to the
signing of an additional protocol similar to the one which
accompanies this note.
Please accept [etc.]
[Subenclosure—Translation]
Draft of a Proposed Additional
Protocol
In order to complete the Treaty of Friendship Commerce and Navigation
between the Argentine Federation and the United States of America,
of July 26 [27], 1853, the Minister for
Foreign Affairs of the Argentine Nation, Dr. Angel Gallardo, and the
Ambassador Extraordinary and Plenipotentiary of the United States of
America, being duly authorized by their respective Governments with
ample and sufficient full powers which have been exchanged in due
form on this occasion, have agreed to add to the said Treaty the
following article:
“The present Treaty will continue indefinitely in force for
the contracting powers as long as it is not denounced by the
Government of either of them. This denunciation may be made
at any time six months in advance of the date on which the
Treaty shall cease to be effective.
“In witness to which the representatives sign the present
additional article, at Buenos Aires, the . . . . day of . .
. . . . of the year 1927, and affix their respective
seals.”
