611.2531/174
The Ambassador in Chile (Philip) to the Secretary of State
[Received February 16.]
Sir: I have the honor to refer to my despatch No. 477 of January 27 [23], 1937, with particular reference to the report that reciprocal notes would be exchanged between the Chilean Foreign Office and the [Page 384] French Legation extending the provisional effect of the Franco-Chilean Commercial Convention of January 16, 1936.
The First Secretary of the British Embassy, Mr. Bentinck, today gave me in confidence copies of the identical notes exchanged on February 4, between the French Chargé d’Affaires and the Chilean Foreign Minister. Owing to the fact that under the Chilean statute the President may provisionally extend a commercial treaty, pending ratification, for not longer than one year, and since such power has now expired, the notes concluded a new commercial convention, effective February 8, 1937, the text of which is identical to that of the agreement of January 16, 1936. Considering the Convention as signed anew, the President may now extend its provisional effect, pending ratification, for one more year. Copies and translations of these notes,12 taken from the French text, accompany this despatch.
Since the Franco-Chilean Commercial Convention of January 16, 1936 and February 8, 1937 remains only provisionally in view, ratifications not having been exchanged, it would appear that the French Modus Vivendi of May 22, 193113 has not yet officially been terminated. The United States-Chilean Modus Vivendi of September 28, 1931 would seem, therefore, to remain in force, under the interpretation given by the Chilean Foreign Office in its Memorandum of February 19, 1936.12
Respectfully yours,