723.2515/3391, 3392

Memorandum Which the Governments of Chile and of Peru Place in the Hands of His Excellency, the President of the United States, the Honorable Herbert Hoover39

Having been informed of the cordial progress of the negotiations between the Governments of Chile and of Peru, with reference to the direct agreements reached on nearly all the questions involved in the solution of the problem of Tacna and Arica and having also been informed of the decision of both governments to submit to him the only difficulty that has arisen with reference to the respective viewpoints relating to the projected port of Las Yaradas:

The President of the United States summarizing the points agreed upon proposes to the two governments in the exercise of good offices as the final bases of a solution the following stipulations:

First.—The territory will be divided into two parts: Tacna for Peru and Arica for Chile. The dividing line shall start at a point which shall be designated with the name, “Concordia”, situated ten kilometers to the north of the bridge over the river Lluta, and shall continue parallel to the Arica-La Paz Railroad following as far as possible the topographic features which may make easier the demarcation of the line. The sulphur deposits of Tacora shall remain in Chilean territory, and the Canals of Uchusuma and Mauri, also known as Azucarero, shall remain the property of Peru, with the understanding, however, that wherever these canals pass through Chilean territory they shall enjoy the most complete servitude in perpetuity in favor of Peru. This servitude includes the right to widen the actual canals, change their course, and appropriate all waters that may be collectible in their passage through Chilean territory.

The boundary line shall pass through the center of Laguna Blanca, dividing it into two equal parts. Peru and Chile shall each designate an engineer and the necessary assistants to proceed to the demarcation of the new frontier in accordance with the points herein agreed upon, and shall indicate the dividing line by means of boundary monuments. In case of disagreement, such disagreement shall be decided by a third person designated by the President of the United States, whose decision shall be final.

Second.—The Government of Chile will grant to the Government of Peru within the One Thousand Five Hundred and Seventy-Five meters of the Bay of Arica, a wharf (Malecón), a customhouse and a station for the railroad from Tacna to Arica, where Peru shall enjoy [Page 799] independence within the most ample free port. All the aforementioned works shall be constructed by the Government of Chile.

Third.—The Government of Chile will deliver to the Government of Peru the sum of Six Million Dollars.

Fourth.—The Government of Chile will deliver without cost of any kind to Peru all the public works already constructed, together with all government owned real property in the Department of Tacna.

Fifth.—The Government of Chile will maintain in the Department of Arica the franchise granted by the Government of Peru in the year 1852, to the Arica-Tacna Railroad Company.

Sixth.—The Government of Chile shall proceed to deliver the Department of Tacna thirty days after the exchange of ratifications of the Treaty.

Seventh.—The Governments of Chile and Peru will respect private rights legally acquired in the territories that remain under their respective sovereignties.

Eighth.—The Governments of Chile and Peru, in order to commemorate the consolidation of their friendly relations, agree to erect on the Morro de Arica a monument, the design of which shall be the subject of agreement between the parties.

Ninth.—The children of Peruvian nationals born in Arica shall be considered as Peruvians until they attain the age of twenty-one years, at which age they shall have the right to elect their definitive nationality; and the children of Chileans, born in Tacna, shall enjoy the same right.

Tenth.—Chile and Peru will reciprocally release any obligation, engagement or indebtedness between the two countries, whether derived or not from the Treaty of Ancón.

  1. Identic notes in Spanish and in English handed to Assistant Secretary of State White by the Peruvian and Chilean Ambassadors on May 14, 1929.