Foreign Relations of the United States: Diplomatic Papers, 1942, The American Republics, Volume VI

814.24/372

Agreement Between the Governments of the United States and of the Republic of Guatemala on the Principles Applying to Mutual Aid in the Prosecution of the War Against Aggression, Signed at Guatemala November 16, 1942 ¹⁵

Guatemala, November 16, 1942

Whereas the Governments of the United States of America and the Republic of Guatemala declare that they are engaged in a cooperative undertaking, together with every other nation or people of like mind, to the end of laying the basis of a just and enduring world peace securing order under law to themselves and all nations;

And whereas the Governments of the United States of America and the Republic of Guatemala, as signatories of the Declaration by United Nations of January 1, 1942,¹⁶ have subscribed to a common program of purposes and principles embodied in the Joint Declaration made on August 14, 1941 by the President of the United States of America and the Prime Minister of the United Kingdom of Great Britain and Northern Ireland, known as the Atlantic Charter;¹⁷

And whereas in conformity with the Declaration of Lima of December 24, 1938¹⁸ and Declaration XV approved July 30, 1940 at the Second Meeting of the Ministers of Foreign Affairs of the American Republics held at Habana,¹⁹ and in harmony with the spirit and purpose of the Third Meeting of the Ministers of Foreign Affairs of the American Republics held at Rio de Janeiro,²⁰ the Governments of the United States of America and the Republic of Guatemala have determined to cooperate further in the defense of the security and integrity of all the American Republics against acts of aggression directed against any of them;

And whereas the President of the United States of America, pursuant to the Act of the Congress of the United States of America on March 11, 1941, and the President of the Republic of Guatemala, in accordance with paragraph 19 of Article 77 of the Constitution of the Republic, have determined that the defense of each of the American Republics is vital to the defense of all of them;

And whereas the United States of America and the Republic of Guatemala are mutually desirous of concluding an Agreement for the providing of defense articles and defense information by either country to the other country, and the making of such an Agreement has been in all respects duly authorized, and all acts, conditions and formalities which it may have been necessary to perform, fulfill or execute prior to the making of such an Agreement in conformity with the laws either of the United States of America or of the Republic of Guatemala have been performed, fulfilled or executed as required;

The undersigned, being duly authorized by their respective Governments for that purpose, have agreed as follows:

Article I

The Government of the United States of America will supply the Government of the Republic of Guatemala with such defense articles, defense services, and defense information as the President of the United States of America shall authorize to be transferred or provided.

Article II

Should circumstances arise in which the United States of America in its own defense or in the defense of the Americas shall require defense articles or defense information which the Republic of Guatemala is in a position to supply, the Government of the Republic of Guatemala will make such defense articles and defense information available to the United States of America, to the extent possible without harm to its economy and under terms to be agreed upon.

Article III

The Government of the Republic of Guatemala undertakes that it will not, without the consent of the President of the United States of America, transfer title to, or possession of, any defense article or defense information received under this Agreement, or permit the use thereof by anyone not an officer, employee, or agent of the Government of the Republic of Guatemala.

Similarly, the Government of the United States of America undertakes that it will not, without the consent of the President of the Republic of Guatemala, transfer title to or possession of any defense article or defense information received in accordance with Article II of this Agreement, or permit the use thereof by anyone not an officer, employee, or agent of the Government of the United States of America.

Article IV

If, as a result of the transfer to the Government of the Republic of Guatemala of any defense article or defense information, it is necessary for that Government to take any action or make any payment in order fully to protect any of the rights of any citizen of the United States of America who has patent rights in and to any such defense article or information, the Government of the Republic of Guatemala will take such action or make such payment, when requested to do so by the President of the United States of America.

Similarly, if, as a result of the transfer to the Government of the United States of America of any defense article or defense information, it is necessary for that Government to take any action or make any payment in order fully to protect any of the rights of any citizen of the Republic of Guatemala who has patent rights in and to any such defense article or information, the Government of the United States of America will when requested to do so by the President of the Republic of Guatemala take such action or make such payment.

Article V

The terms and conditions upon which each government receives the aid provided under this Agreement by the other shall not burden commerce between the two countries, but shall promote mutually advantageous economic relations between them and the betterment of world wide economic relations. To that end, the two governments will make provision for agreed action by the United States of America and the Republic of Guatemala open to participation by all other countries of like mind, directed to the expansion, by appropriate international and domestic measures, of production, employment, and the exchange and consumption of goods, which are the material foundations of the liberty and welfare of all peoples; to the elimination of all forms of discriminatory treatment in international commerce and to the reduction of tariffs and other trade barriers; and, in general, to the attainment of all the economic objectives set forth in the Joint Declaration made on August 14, 1941, by the President of the United States of America and the Prime Minister of the United Kingdom.

At an early convenient date, conversations shall be begun between the two Governments with a view to determining, in the light of governing economic conditions, the best means of attaining the above-stated objectives by their own agreed action and of seeking the agreed action of other like-minded governments.

Certain terms and conditions upon which each Government receives certain specified items provided under the Agreement by the other are set forth in the attached exchange of notes,²¹ which is an integral part of this Agreement.

Article VI

This Agreement shall continue in force from the date on which it is signed until a date agreed upon between the two Governments.

Signed and sealed at Guatemala, in duplicate, in the English and Spanish languages, this sixteenth day of November, 1942.²²

Fay Allen Des Portes

15. Copy transmitted to the Department by the Minister in Guatemala in his despatch No. 3378, November 17; received November 20.
16. For text, see vol. i, p. 25.
17. For text, see Foreign Relations, 1941, vol. i, p. 367.
18. Declaration of the Principles of the Solidarity of America, Report of the Delegation of the United States of America to the Eighth International Conference of American States, Lima, Peru, December 9–27, 1988 (Washington, Government Printing Office, 1941), p. 189; for correspondence concerning the Conference, see Foreign Relations, 1938, vol. v, pp. 1 ff.
19. For correspondence concerning this meeting, see ibid., 1940, vol. v, pp. 180 ff.; for text of the Final Act, signed July 30, 1940, see Department of State Treaty Series No. 977, or 54 Stat. (pt. 2) 2491.
20. For correspondence concerning this Meeting, held January 15–28, 1942, see vol. v, pp. 6 ff.
21. See supra.
22. The file copy of the English text indicates signature by Fay Allen Des Portes; that of the Spanish text, signature by Carlos Salazar.