740.00112A European War 1939/33602

The Ambassador in Mexico ( Messersmith ) to the Secretary of State

No. 11213

Sir: I have the honor to refer to this Embassy’s Airgram No. 1541 dated July 2, 1943 at 11 a.m. which recommends that our Government not require individuals now included on the Proclaimed List to give an undertaking as a condition precedent to their deletion therefrom. Reference is also made to this Embassy’s despatch No. 11212 dated July 8 [10], 194359 stating that on July 7, 1943 a conference on Proclaimed List matters was held between Sr. Cordoba of the Foreign Office, Ingeniero Topete Bordes of the Junta de Administracíon, and Messrs. Bay and Holland of the Embassy.

At the meeting on July 7, 1943 the subject of undertakings was brought up voluntarily by the Mexican officials. Ingeniero Topete Bordes stated that the Junta de Administración strictly prohibits vested companies subject to its management and which have been deleted from the Proclaimed List, from having any business dealings of any character with any firm or individual whose name still appears on the Proclaimed List, even though the firm be one which has been vested by the Mexican Government. When asked whether this prohibition would extend to List 2 individuals upon their deletion, he replied that the Junta de Administracíon is concerned only with vested [Page 515] firms and its policies would therefore not apply to such individuals. Sr. Cordoba then stated that the Foreign Office had no legal right to require a Mexican citizen to furnish an undertaking not to deal with Proclaimed List firms since under the laws of Mexico, such dealings are not prohibited. He stated that if the Foreign Office undertook to summon List 2 individuals and require such an undertaking of them, it could place itself in an embarrassing situation since the Attorney General could properly issue instructions that it cease such practices. Sr. Cordoba stated however, that in cases where individuals voluntarily presented themselves to the Foreign Office seeking its assistance in obtaining their deletion from the Proclaimed List, he could and would gladly obtain from them such an undertaking. He pointed out at the same time that to obtain undertakings in this manner from all List 2 individuals would be impractical since some might not ever present themselves voluntarily at the Foreign Office.

The foregoing information is submitted to the Department as being relevant to the subject of the Embassy’s Airgram No. 1541 cited above. The Embassy will await the Department’s further instructions.

Respectfully yours,

For the Ambassador
Henry F. Holland

Special Assistant
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