814.24/372

Memorandum of Agreement Between the United States and the Republic of Guatemala 23

Article 1. The Government of Guatemala authorizes the Government of the United States of America to use the lands of the airports of La Aurora, in the City of Guatemala, and of the Ports of San José and Barrios, and to construct thereon landing fields, offices, fuel and munitions deposits, warehouses, quarters and other installations for military purposes.

Article 2. If the acquisition of additional land for the construction of new auxiliary airfields, quarters, and military installations becomes necessary, a special agreement will be made between the two Governments through the intermediary of expressly named representatives, which special agreement shall, unless the two Governments agree to the contrary, be on the basis of the present memorandum of agreement.

Article 3. The boundaries of the lands where the military installations mentioned in Articles 1, 6 and 10 of this memorandum of agreement are made, will be determined by mutual agreement of the two Governments through their technical experts, and will be adjusted to the agreements entered into by the Notes of December 15 and 16, 1941,24 and those of May 19, 22, 25 and 26, 1942,25 relative to the airport and military installations at Puerto Barrios, which shall be considered an integral part of the present memorandum of agreement.

Article 4. The Government of Guatemala will grant to the Government of the United States of America the use of lands situated within the boundaries of the defense areas as described in Article 2 of this memorandum of agreement if they belong to it, and will acquire and make available for use of the Government of the United States of America such private lands as may be required, undertaking the necessary procedure for the determination of the fair value thereof and the compensation of the owners.

Article 5. The Government of the United States of America will reimburse the Government of Guatemala for the amounts spent by the latter for the purpose of putting at the disposition of the former the lands described in Article 4.

Article 6. The Government of Guatemala authorizes the Government of the United States of America, through the intermediary of its armed forces, to construct and install defenses on the north coast of Guatemala, along the Atlantic, and on the south coast, along [Page 449] the Pacific, at the strategic points which technical experts may designate, it being understood that the cost of such works shall be borne by the Government of the United States of America.

Article 7. The Government of the United States of America and the Government of Guatemala agree that all ports and anchorages for vessels and seaplanes belonging to the Republic of Guatemala may be used for military defense purposes by the naval, land and air forces of the United States of America.

Article 8. During the present emergency, the armed forces of the United States of America are permitted to make installations of radio or other means of communication for exclusively military purposes.

Article 9. The Government of Guatemala authorizes the Government of the United States of America to establish United States military police exclusively within their quarters and military fields during the stay of the personnel of the armed forces of the United States of America on Guatemalan territory. In the event that this police service has to be carried on outside the quarters and military fields, the troops charged with this service must be unarmed.

It is expressly agreed that the forces of the United States of America in the Republic of Guatemala may carry arms only in their quarters, and, outside of them, in the event of military operations or services, by tactical units and under appropriate command.

Article 10. The Government of the United States of America is authorized, at its own expense, to install sanitation works in the places where United States troops are stationed, and in the vicinity thereof.

Article 11. The Government of the United States of America may use all means of communication in transporting troops across or within the Republic of Guatemala, but, at the same time, these armed forces are obligated not to impede the free transit required by the interests of the Republic of Guatemala.

Article 12. The Government of the United States of America may delegate whomever it may consider suitable as its representatives for carrying out the works and installations contemplated in the present memorandum of agreement; and these representatives shall operate in all cases in the name of the Government of the United States of America.

Article 13. The Economic and Financial Coordination Section which operates and functions in the capital of the Republic of Guatemala in conformity with the agreement between the Government of the United States of America and the Government of Guatemala, shall have the additional authority to supply the construction materials obtainable in the local market, which United States construction [Page 450] agents may urgently require. As soon as these construction materials have been furnished, the Government of the United States of America is obligated to pay the local cost of those materials; and will concede priorities for such materials which Guatemalan agents or businessmen may acquire for exportation to the Republic of Guatemala.

Article 14. The Government of Guatemala will exempt from payment of import duties or other taxes, imports into the Republic of Guatemala of materials and all types of merchandise, equipment, etc., that are for the use of the United States armed forces which may be stationed in military zones for mutual defense.

The benefits granted by this Article and the materials, merchandise and munitions of war, shall be used exclusively within the military zones established for defense and may not be transferred, either in whole or in part, to private persons or businessmen in the Republic of Guatemala.

Article 15. The armed forces of the United States will respect the laws of the Republic of Guatemala and in particular the police and traffic regulations.

Article 16. The representatives of the Government of the United States of America in the Republic of Guatemala will not permit the employment, on construction work necessary for defense, of Guatemalan or foreign individuals who may have acted contrary to the law or police regulations.

Article 17. In the event that the Government of Guatemala should require some cooperation similar to that which it is affording to the armed forces of the United States of America, the Government of the United States of America will agree to grant it, provided it is within the scope of inter-American cooperation.

Article 18. The present agreement shall remain in effect during the present emergency after which, and when the peace treaty is signed, all the forces of the United States of America which may be in the Republic of Guatemala shall retire from its territory.

  1. Copy transmitted to the Department by the Minister in Guatemala in his despatch No. 3378, November 17; received November 20.
  2. Foreign Relations, 1941, vol. vii, pp. 314316.
  3. None printed.