811.20 Defense(M)Colombia/474: Telegram
The Ambassador in Colombia (Lane) to the Secretary of State
[Received 5:33 p.m.]
151. Reference is made to my telegram No. 132, January 19, 8 p.m., and my telegram No. 150, January 23, 11 a.m. The following additional observations are submitted following discussions with Davis, La S[pina] and Bahr:
1. We consider it unwise to refer specifically to articles 2, 3, and 10 of decree 1480 in view of Attorney General’s opinion that it is unconstitutional.45 [Page 22] We suggest that paragraph 2 should be redrafted to read as follows:
“The Government of Colombia is agreeable to authorize the Rubber Reserve Company to make direct purchases of rubber and to export that product and to grant to the Company for this purpose the same facilities which Caja de Crédito Agrario, Industrial y Minero now enjoys, it being understood that the Rubber Reserve in taking charge of these facilities should assume the same obligations which control the Caja and fulfilling also the following conditions:”
Foregoing suggestion approved by Urdaneta.46
2. As paragraph 2–a appears to us ambiguous we suggest the following redraft:
“Rubber Reserve will inform the Commission of the zones in which it desires to carry on its activities and such zones will be approved by the Commission and then submitted for the approval of the Government, which will issue special licenses for this purpose.”
We consider it important that exclusive right to work specific territories should not be given to Caja and to Rubber Reserve as it might then be alleged that internal monopoly exists and hence be attacked on ground of unconstitutionality.
3. As paragraph 2–b does not exactly express the understanding reached at meeting of January 9 to the effect that only personnel not of Colombian or United States nationality would be cleared through the Government of Colombia, we suggest the following redraft:
“In providing for its administrative and technical personnel, both in its offices and its agencies, Rubber Reserve will give preference to the employment of citizens of Colombia or the United States. Rubber Reserve will refer to Caja, for its prior approval, the names of all administrative and technical personnel which it desires to employ who are not citizens of Colombia or of the United States and will indicate the functions and the places for which they will be employed.”