Office of the Historian

723.2515/1342

Draft of Protocol Prepared by the Chilean Delegation

undated

The Plenipotentiaries of Chile and Peru assembled at Washington, pursuant to the invitation of the United States, for the purpose of arriving at the settlement of the long standing controversy with [Page 492] respect to the unfulfilled provisions of the Ancon Treaty, have reached the following agreement:

1.
—That they record herewith that the only differences concerning which the two countries have been unable to reach an agreement are as follows:
a).
—The questions arising out of the unfulfilled provisions of Article 3 of the Treaty of Ancón;
b).
— . . . . . . .
c).
— . . . . . . .
2.
—To submit to the arbitration of the Government of the United States the differences referred to in the foregoing article.
3.
—That the present agreement shall be submitted for the approval of the respective Governments.

In order that no question may arise concerning the scope of the proposed submission to arbitration which has been stipulated in Article 2 of the protocol signed on this date, the delegation of . . . . . . . . . . deems it necessary that the following stipulations shall be agreed to:

A.
Peru, as well as Chile, shall have the right freely to press before the arbitrator all questions arising out of the unfulfilled provisions of Article 3d of the Treaty of Ancon, and they shall also have the right freely to take such steps and make such defenses as they shall deem expedient for the protection of their rights.
B.
If the arbitrator shall decide that a plebiscite shall be held, he shall be empowered to adjust all differences that may arise with respect to the form in which the plebiscite shall be conducted and the terms and period in which the ten million pesos shall be paid by the country that shall be held to be the owner of the Provinces of Tacna and Arica.
C.
If, however, the arbitrator should decide that a plebiscite shall not be held, his decision shall not have the effect of modifying or altering the present status of the territory of Tacna and Arica; nor, in view of the absence of any legal principle on which such decision could be based, shall the arbitrator be authorized to determine the disposition of said territory. But, in such case, the Governments of Chile and Peru at the initiation of either, shall proceed freely and promptly towards a settlement of this question by direct negotiation.

The undersigned trusts that the delegation of . . . . . . . . . . will be pleased to agree to the above stated stipulations.