Volume II | INTERNATIONAL COURT OF JUSTICE

Document Number

18618

Parent Document Number

18616

Document File

18618.pdf

INTERNATIONAL COURT OF JUSTICE

OBLIGATION TO NEGOTIATE ACCESS TO THE
PACIFIC OCEAN

(BOLIVIA v. CHILE)

PRELIMINARY OBJECTION OF THE

REPUBLIC OF CHILE

Volume 2
(Annexes 14 - 46)

15 JULY 2014 LIST OF ANNEXES

(V OLUMES 1, 2AND 3)

ANNEX T ITLE SOURCE PAGE
N O N O

VOLUME 1:C ORE DOCUMENTS
ANNEXES 1 -13

Annex 1 Treaty of Peace of Ancón between Spanish transcription 71
Chile and Peru, signed at Lima on submitted by Bolivia as
20 October 1883 (the Treaty of Annex 97 to its
Ancón) Memorial

Spanish transcription, English
translation

Annex 2 Truce Pact between Bolivia and Original submitted by 77
Chile, signed at Valparaíso on Bolivia as Annex 108 to
4 April 1884 (the 1884 Truce Pact)its Memorial

Spanish transcription, English
translation, original in Spanish

Annex 3 Treaty on Transfer of Territory Original submitted by 91
between Bolivia and Chile, signed Bolivia as Annex 98 to

Santiago on 18 May 1895 (the 1895 its Memorial
Treaty)

Spanish transcription, English
translation, original in Spanish

Annex 4 Protocol of 9 December 1895 on theChile, Ministry of 105
scope of the obligations agreed upForeign Affairs, Report
in the treaties of 18 May between of the Minister of

Bolivia and Chile, signed at SucreForeign Affairs to the
9 December 1895 (the National Congress
December 1895 Protocol) (1897), p 179

Original in Spanish, English
translation LIST OF ANNEXES

(V OLUMES 1, 2 AND 3)

ANNEX TITLE S OURCE PAGE
N O NO

VOLUME 1:C ORE D OCUMENTS
A NNEXES 1 -13

Annex 1 Treaty of Peace of Ancón between Spanish transcription 71
Chile and Peru, signed at Lima on submitted by Bolivia as
20 October 1883 (the Treaty of Annex 97 to its
Ancón) Memorial

Spanish transcription, English
translation

Annex 2 Truce Pact between Bolivia and Original submitted by 77
Chile, signed at Valparaíso on Bolivia as Annex 108 to
4 April 1884 (the 1884 Truce Pact) its Memorial

Spanish transcription, English
translation, original in Spanish

Annex 3 Treaty on Transfer of Territory Original submitted by 91
between Bolivia and Chile, signed aBolivia as Annex 98 to

Santiago on 18 May 1895 (the 1895 its Memorial
Treaty)

Spanish transcription, English
translation, original in Spanish

Annex 4 Protocol of 9 December 1895 on the Chile, Ministry of 105
scope of the obligations agreed upoForeign Affairs, Report
in the treaties of 18 May between of the Minister of

Bolivia and Chile, signed at Sucre Foreign Affairs to the
9 December 1895 (the National Congress
December 1895 Protocol) (1897), p 179

Original in Spanish, English
translation

i ANNEX T ITLE S OURCE PAGE
NO N O

Annex 5 Note from Heriberto Gutiérrez, Chile, Ministry of 109
Extraordinary Envoy and Minister Foreign Affairs, Report
Plenipotentiary of Bolivia in Chile, to the Minister of

Adolfo Guerrero, Minister of Foreign Foreign Affairs to the
Affairs of Chile, No 117, National Congress
29 April 1896 (1897), p 182

Original in Spanish, English
translation

Annex 6 Note from Adolfo Guerrero, Minister Chile, Ministry of 113
of Foreign Affairs of Chile, to Foreign Affairs, Report
Heriberto Gutiérrez, Extraordinary of the Minister of

Envoy and Minister Plenipotentiary Foreign Affairs to the
of Bolivia in Chile, No 521, National Congress
29 April 1896 (1897), p 183

Original in Spanish, English
translation

Annex 7 Note from Heriberto Gutiérrez, Chile, Ministry of 117
Extraordinary Envoy and Minister Foreign Affairs, Report
Plenipotentiary of Bolivia in Chile, of the Minister of

Adolfo Guerrero, Minister of Foreign Foreign Affairs to the
Affairs of Chile, No 118, National Congress
30 April 1896 (1897), p 184

Original in Spanish, English
translation

Annex 8 Explanatory Protocol of the Protocol Original submitted by 121
of 9 December 1895 between Bolivia Bolivia as Annex 106 to
and Chile, signed at Santiago on its Memorial

30 April 1896 (the 1896 Protocol)
Spanish transcription, English

translation, original in Spanish

ii ANNEX TITLE SOURCE PAGE
N O N O

Annex 5 Note from Heriberto Gutiérrez, Chile, Ministry of 109
Extraordinary Envoy and Minister Foreign Affairs, Report
Plenipotentiary of Bolivia in Chile, to the Minister of

Adolfo Guerrero, Minister of Foreign Foreign Affairs to the
Affairs of Chile, No 117, National Congress
29 April 1896 (1897), p 182

Original in Spanish, English
translation

Annex 6 Note from Adolfo Guerrero, Minister Chile, Ministry of 113
of Foreign Affairs of Chile, to Foreign Affairs, Report
Heriberto Gutiérrez, Extraordinary of the Minister of

Envoy and Minister Plenipotentiary Foreign Affairs to the
of Bolivia in Chile, No 521, National Congress
29 April 1896 (1897), p 183

Original in Spanish, English
translation

Annex 7 Note from Heriberto Gutiérrez, Chile, Ministry of 117
Extraordinary Envoy and Minister Foreign Affairs, Report
Plenipotentiary of Bolivia in Chile, of the Minister of

Adolfo Guerrero, Minister of Foreign Foreign Affairs to the
Affairs of Chile, No 118, National Congress
30 April 1896 (1897), p 184

Original in Spanish, English
translation

Annex 8 Explanatory Protocol of the Protocol Original submitted by 121
of 9 December 1895 between Bolivia Bolivia as Annex 106 to
and Chile, signed at Santiago on its Memorial

30 April 1896 (the 1896 Protocol)
Spanish transcription, English

translation, original in Spanish ANNEX T ITLE S OURCE PAGE
NO NO

Annex 13 American Treaty on Pacific 30 United Nations 231
Settlement, signed at Bogotá on Treaty Series 83

30 April 1948 (entry into force
6 May 1949) (the Pact of Bogotá)

Original in English and Spanish

VOLUME 2:A NNEXES 14-46

Annex 14 Protocol to Seek an Arrangement to Put Chile, Ministry of 265
an End to the War of the Pacific, Foreign Affairs,

13 February 1884 Treaties, Conventions
Original in Spanish, English translationnd International
Arrangements of
Chile 1810-1976,
Volume II (1977),

pp 52-55

Annex 15 Treaty of Commerce between the Chile, Ministry of 275
Republics of Chile and Bolivia, signed Foreign Affairs,
at Santiago on 18 May 1895 Report of the Minister
of Foreign Affairs to
Original in Spanish, English translation
the National Congress
(1897), p 170

Annex 16 Protocol on Debts between Bolivia and Bolivia, Ministry of 291
Chile, signed at Santiago on Foreign Affairs,
28 May 1895 Report of the Minister

Original in Spanish, English translationf Foreign Affairs to
the Ordinary
Congress (1896),
p 182

iv ANNEX T ITLE SOURCE PAGE
N O NO

Annex 13 American Treaty on Pacific 30 United Nations 231
Settlement, signed at Bogotá on Treaty Series 83

30 April 1948 (entry into force
6 May 1949) (the Pact of Bogotá)

Original in English and Spanish

V OLUME 2:A NNEXES 14-46

Annex 14 Protocol to Seek an Arrangement to Put Chile, Ministry of 265
an End to the War of the Pacific, Foreign Affairs,

13 February 1884 Treaties, Conventions
Original in Spanish, English translationnd International
Arrangements of
Chile 1810-1976,
Volume II (1977),

pp 52-55

Annex 16 Protocol on Debts between Bolivia and Bolivia, Ministry of 291
Chile, signed at Santiago on Foreign Affairs,
28 May 1895 Report of the Minister

Original in Spanish, English translationf Foreign Affairs to
the Ordinary
Congress (1896),
p 182 ANNEX T ITLE S OURCE PAGE
NO N O

Annex 21 Agreement between Bolivia and Chile Bolivia, Ministry of 349
to Postpone the Exchange of Foreign Affairs,
Instruments of Ratification for the Treaties Archive,

Treaties signed on 18 May 1895 until No 16
30 January 1896, signed at Santiago on
15 January 1896

Spanish transcription, English
translation, original in Spanish

Annex 22 Chamber of Deputies of Chile, Chile, Records of the 353
Extraordinary Secret Session No33 of Chamber of Deputies
16 January 1896 (extract) (1896)

Original in Spanish, English translation

Annex 23 Chamber of Deputies of Chile, Chile, Records of the 375

Extraordinary Secret Session No34 of Chamber of Deputies
17 January 1896 (extract) (1896)
Original in Spanish, English translation

Annex 24 Agreement between Bolivia and Chile Bolivia, Ministry of 407
to Postpone the Exchange of Foreign Affairs,
Instruments of Ratification for the Treaties Archive,
Treaties signed on 18 May 1895 until No 17
30 April 1896, signed at Santiago on

30 January 1896
Spanish transcription, English
translation, original in Spanish

Annex 25 Letter from the Ministry of Foreign Archives of the 411
Affairs of Chile to Manuel Salinas, Ministry of Foreign
Extraordinary Envoy and Minister Affairs of Chile
Plenipotentiary of Chile in Bolivia,
15 June 1897 (extract)

Spanish transcription, English
translation, original in Spanish

vi ANNEX TITLE SOURCE PAGE
N O N O

Annex 21 Agreement between Bolivia and Chile Bolivia, Ministry of 349
to Postpone the Exchange of Foreign Affairs,
Instruments of Ratification for the Treaties Archive,

Treaties signed on 18 May 1895 until No 16
30 January 1896, signed at Santiago on
15 January 1896

Spanish transcription, English
translation, original in Spanish

Annex 22 Chamber of Deputies of Chile, Chile, Records of the 353
Extraordinary Secret Session No33 of Chamber of Deputies
16 January 1896 (extract) (1896)

Original in Spanish, English translation

Annex 23 Chamber of Deputies of Chile, Chile, Records of the 375

Extraordinary Secret Session No34 of Chamber of Deputies
17 January 1896 (extract) (1896)
Original in Spanish, English translation

30 January 1896
Spanish transcription, English
translation, original in Spanish

Spanish transcription, English
translation, original in Spanish A NNEX T ITLE SOURCE PAGE
NO N O

Annex 31 Act of Exchange of Instruments of Bolivia, Ministry of 537
Ratification for the 1904 Treaty of Foreign Affairs,
Peace and Amity between Bolivia and Collection of Treaties

Chile, 10 March 1905 in Force in the
Original in Spanish, English translationepublic of Bolivia,
Volume IV, p 405

Annex 32 Protocol that Designates an Arbitrator Chile, Ministry of 541
between Bolivia and Chile, signed at Foreign Affairs,

Santiago on 16 April 1907 Treaties, Conventions
Original in Spanish, English translationnd International
Arrangements of Chile
1810-1976, Volume II
(1977), p 132

545
Annex 33 Bolivia, Opening Session of Congress, Bolivia, Congress of
6 August 1910 (La Paz, 1911) (extracts) 1910-1911,
Original in Spanish, English translationapporteur of the
Honourable National
Congress (La Paz,
1911), pp 1-10, 51

Annex 34 Convention on Trade between Chile Chile, Ministry of 559
and Bolivia, signed at Santiago on Foreign Affairs,
6 August 1912 Treaties, Conventions
and International
Original in Spanish, English translatioArrangements of

Chile 1810-1976,
Volume II (1977),
p 145

Annex 35 Act Fixing the Date of Transfer of the Chile, Ministry of 569
Bolivian Section of the Railroad to theForeign Affairs,

Republic of Bolivia, signed at Arica onTreaties, Conventions
13 May 1913 and International
Original in Spanish, English translationrrangements of
Chile 1810-1976,
Volume II (1977),
p 150

viii ANNEX T ITLE SOURCE PAGE
N O NO

Annex 31 Act of Exchange of Instruments of Bolivia, Ministry of 537
Ratification for the 1904 Treaty of Foreign Affairs,
Peace and Amity between Bolivia and Collection of Treaties

Chile, 10 March 1905 in Force in the
Original in Spanish, English translationepublic of Bolivia,
Volume IV, p 405

Annex 32 Protocol that Designates an Arbitrator Chile, Ministry of 541
between Bolivia and Chile, signed at Foreign Affairs,

Santiago on 16 April 1907 Treaties, Conventions
Original in Spanish, English translationnd International
Arrangements of Chile
1810-1976, Volume II
(1977), p 132

Chile 1810-1976,
Volume II (1977),
p 145

Annex 35 Act Fixing the Date of Transfer of the Chile, Ministry of 569
Bolivian Section of the Railroad to theForeign Affairs,

Republic of Bolivia, signed at Arica onTreaties, Conventions
13 May 1913 and International
Original in Spanish, English translationrrangements of
Chile 1810-1976,
Volume II (1977),
p 150 ANNEX T ITLE S OURCE PAGE
NO N O

Annex 41 Note from Ricardo Jaimes Freyre, Bolivia, Ministry of 603
Extraordinary Envoy and Minister Foreign Affairs,
Plenipotentiary of Bolivia in Chile, toReport of the Minister

Luis Izquierdo, Minister of Foreign of Foreign Affairs to
Affairs of Chile, 15 February 1923 the Ordinary
Original in Spanish, English translationongress (1923),
pp 122-123

Annex 42 Protocol Regarding the Transfer of the Chile, Ministry of 607

Bolivian Section of the Railroad from Foreign Affairs,
Arica to La Paz between Bolivia and Treaties, Conventions
Chile, signed at Santiago on and International
2 February 1928 Arrangements of
Chile 1810-1976,
Original in Spanish, English translatioVolume II (1977),

p 155

Annex 43 Act of Transfer of the Railroad from Chile, Ministry of 611
Arica to the Plateau of La Paz – Foreign Affairs,
Bolivian Section between Bolivia and Treaties, Conventions
Chile, signed at Viacha on and International

13 May 1928 Arrangements of
Original in Spanish, English translationhile 1810-1976,
Volume II (1977),
p 157

Annex 44 Convention on Transit between Bolivia Chile, Ministry of 615

and Chile, signed at Santiago on Foreign Affairs,
16 August 1937 Treaties, Conventions
Original in Spanish, English translationnd International
Arrangements of
Chile 1810-1976,
Volume II (1977),

p 174

x ANNEX TITLE SOURCE PAGE
N O N O

Annex 41 Note from Ricardo Jaimes Freyre, Bolivia, Ministry of 603
Extraordinary Envoy and Minister Foreign Affairs,
Plenipotentiary of Bolivia in Chile, toReport of the Minister

Luis Izquierdo, Minister of Foreign of Foreign Affairs to
Affairs of Chile, 15 February 1923 the Ordinary
Original in Spanish, English translationongress (1923),
pp 122-123

Annex 42 Protocol Regarding the Transfer of the Chile, Ministry of 607

p 155

13 May 1928 Arrangements of
Original in Spanish, English translationhile 1810-1976,
Volume II (1977),
p 157

Annex 44 Convention on Transit between Bolivia Chile, Ministry of 615

and Chile, signed at Santiago on Foreign Affairs,
16 August 1937 Treaties, Conventions
Original in Spanish, English translationnd International
Arrangements of
Chile 1810-1976,
Volume II (1977),

p 174 ANNEX TITLE SOURCE P AGE
NO N O

(F) Letter from the General Manager of Terminal Puerto 673
Terminal Puerto Arica S.A., Arica S.A.

10 January 2014
Original in Spanish, English translation

677
(G) Letter from Terminal Puerto Arica S.A. Terminal Puerto
to the General Manager of Empresa Arica S.A.
Portuaria Arica, 30 April 2014 (extract)

Original in Spanish, English translation

Annex 46 Declaration of Arica by the Ministers oChile, Ministry of 683
Foreign Affairs of Bolivia and Chile, Foreign Affairs,
signed at Arica on 25 January 1953 Treaties,

(extract) Conventions and
Original in Spanish, English translationnternational
Arrangements of
Chile 1810-1976,
Volume II (1977),

p 222

V OLUME 3:A NNEXES 47-77

Annex 47 Agreements between Bolivia and Chile and Chilean Decrees 687
relating to the Sica Sica – Arica Oil Pipeline, 1957-1992

(A) Agreement on the Sica Sica – Chile, Ministry of Foreign 687
Arica Oil Pipeline of Affairs, Treaties, Conventions
Yacimientos Petroliferos and International
Fiscales Bolivianos, TransitingArrangements of Chile 1810-

Through Chilean Territory 1976, Volume II (1977),
between Bolivia and Chile, pp 240-245
Santiago, 24 April 1957
(extracts)

Original in Spanish, English
translation

xii ANNEX TITLE SOURCE P AGE
N O N O

(F) Letter from the General Manager of Terminal Puerto 673
Terminal Puerto Arica S.A., Arica S.A.

10 January 2014
Original in Spanish, English translation

677
(G) Letter from Terminal Puerto Arica S.A. Terminal Puerto
to the General Manager of Empresa Arica S.A.
Portuaria Arica, 30 April 2014 (extract)

Original in Spanish, English translation

Annex 46 Declaration of Arica by the Ministers ofChile, Ministry of 683
Foreign Affairs of Bolivia and Chile, Foreign Affairs,
signed at Arica on 25 January 1953 Treaties,

(extract) Conventions and
Original in Spanish, English translationInternational
Arrangements of
Chile 1810-1976,
Volume II (1977),

p 222

VOLUME 3:A NNEXES 47-77

Annex 47 Agreements between Bolivia and Chile and Chilean Decrees 687
relating to the Sica Sica – Arica Oil Pipeline, 1957-1992

Through Chilean Territory 1976, Volume II (1977),
between Bolivia and Chile, pp 240-245
Santiago, 24 April 1957
(extracts)

Original in Spanish, English
translation ANNEX TITLE SOURCE P AGE
NO N O

(F) Amendment to the Agreement Official Journal of the 715
on the Sica Sica – Arica Oil Republic of Chile, No 29.745,

Pipeline of Yacimientos 28 April 1977, pp 2-3
Petroliferos Fiscales Bolivianos,
Transiting Through Chilean
Territory between Bolivia and
Chile, Santiago,

4 December 1974 (extracts)
Original in Spanish, English

translation

(G) Agreement entered into for Chile, Ministry of Foreign 721
Yacimientos Petroliferos Affairs, Report of the
Fiscales Bolivianos to perform Minister of Foreign Affairs to
works on the Sica Sica –Arica the National Congress

Oil Pipeline between Bolivia (1992), pp 327-329
and Chile, signed at Santiago on
5 November 1992 (extracts)

Original in Spanish, English
translation

Annex 48 Memorandum from the Original submitted by Bolivia 729
Embassy of Chile in Bolivia to as Annex 24 to its Memorial

the Bolivian Ministry of
Foreign Affairs, 10 July 1961

Original in Spanish, English
translation

Annex 49 Chilean National Congress National Congress of Chile 733
Chamber Debate, Background
of Decree No 526 – American

Treaty on Pacific Settlement
(1967) (extracts)

Original in Spanish, English
translation

xiv ANNEX TITLE SOURCE P AGE
N O N O

(F) Amendment to the Agreement Official Journal of the 715
on the Sica Sica – Arica Oil Republic of Chile, No 29.745,

Pipeline of Yacimientos 28 April 1977, pp 2-3
Petroliferos Fiscales Bolivianos,
Transiting Through Chilean
Territory between Bolivia and
Chile, Santiago,

4 December 1974 (extracts)
Original in Spanish, English

translation

Oil Pipeline between Bolivia (1992), pp 327-329
and Chile, signed at Santiago on
5 November 1992 (extracts)

Original in Spanish, English
translation

Annex 48 Memorandum from the Original submitted by Bolivia 729
Embassy of Chile in Bolivia to as Annex 24 to its Memorial

the Bolivian Ministry of
Foreign Affairs, 10 July 1961

Original in Spanish, English
translation

Annex 49 Chilean National Congress National Congress of Chile 733
Chamber Debate, Background
of Decree No 526 – American

Treaty on Pacific Settlement
(1967) (extracts)

Original in Spanish, English
translation ANNEX TITLE SOURCE P AGE
NO N O

Annex 53 Message of Bolivian President Reproduced in LF Guachalla, 765
Banzer announcing that Chile’s Bolivia-Chile: The Maritime
Reply (19 December 1975) Negotiation, 1975-1978

constitutes a globally acceptable982), pp 85-86
basis for negotiations,
21 December 1975

Original in Spanish, English
translation

Annex 54 Communiqué from the Bolivian Reproduced in RP Lizón, 771
Ministry of Foreign Affairs on History of the Charaña
the Charaña Negotiations, Negotiations (2011), pp 137-

5 January 1976 138
Original in Spanish, English
translation

Annex 55 Statement by Mr Schweitzer, Organization of American 777
Minister of Foreign Affairs of States, General Assembly,
Chile, at the Fourth Session ofThirteenth Ordinary Session,
the General Committee of the 1983, Records and
General Assembly of the Documents, Volume II, Part I,

Organization of American OEA/Ser.P/XIII.02 (1984),
States, 18 November 1983 pp 348, 368-370
(extract)

Original in Spanish, English
translation

xvi ANNEX TITLE SOURCE P AGE
N O N O

Annex 53 Message of Bolivian President Reproduced in LF Guachalla, 765
Banzer announcing that Chile’s Bolivia-Chile: The Maritime
Reply (19 December 1975) Negotiation, 1975-1978

constitutes a globally acceptable1982), pp 85-86
basis for negotiations,
21 December 1975

Original in Spanish, English
translation

Annex 54 Communiqué from the Bolivian Reproduced in RP Lizón, 771
Ministry of Foreign Affairs on History of the Charaña
the Charaña Negotiations, Negotiations (2011), pp 137-

5 January 1976 138
Original in Spanish, English
translation

Annex 55 Statement by Mr Schweitzer, Organization of American 777
Minister of Foreign Affairs of States, General Assembly,
Chile, at the Fourth Session of Thirteenth Ordinary Session,
the General Committee of the 1983, Records and
General Assembly of the Documents, Volume II, Part I,

Organization of American OEA/Ser.P/XIII.02 (1984),
States, 18 November 1983 pp 348, 368-370
(extract)

Original in Spanish, English
translation ANNEX T ITLE S OURCE PAGE
NO N O

Annex 59 Statement by Mr Iturralde, Organization of American 837
Minister of Foreign Affairs of States, General Assembly,

Bolivia, at the Fourth Session ofineteenth Ordinary Session,
the General Committee of the 1989, Records and
Organization of American Documents, Volume II, Part I,
States, 16 November 1989 OEA/Ser.P/XIX.O2 (1991),
(extracts) pp 373, 405-407, 411-413

Original in Spanish, English
translation

853
Annex 60 Bolivian Supreme Decree Official Gazette of the
No 24434 of 12 December 1996 Plurinational State of Bolivia
(extracts)

Original in Spanish, English
translation

Annex 61 Ministry of Foreign Affairs of <http://www.emboliviacanada 865
Bolivia, The Blue Book: The .com/documents/libro_azul-

Maritime Claim of Bolivia El_problema_maritimo_boliv
(Directorate of Information of iano_en_ingles.pdf>
the Presidency of the Republic
of Bolivia, May 2004) (extracts)

Original in English

Annex 62 Political Constitution of the <http://www.presidencia.gob. 925
Plurinational State of Bolivia, bo/documentos/publicaciones/

7 February 2009 (extracts) constitucion.pdf>
Original in Spanish, English

translation

xviii ANNEX TITLE SOURCE PAGE
N O N O

Annex 59 Statement by Mr Iturralde, Organization of American 837
Minister of Foreign Affairs of States, General Assembly,

Original in Spanish, English
translation

853
Annex 60 Bolivian Supreme Decree Official Gazette of the
No 24434 of 12 December 1996 Plurinational State of Bolivia
(extracts)

Original in Spanish, English
translation

Annex 61 Ministry of Foreign Affairs of <http://www.emboliviacanada 865
Bolivia, The Blue Book: The .com/documents/libro_azul-

Maritime Claim of Bolivia El_problema_maritimo_boliv
(Directorate of Information of iano_en_ingles.pdf>
the Presidency of the Republic
of Bolivia, May 2004) (extracts)

Original in English

Annex 62 Political Constitution of the <http://www.presidencia.gob. 925
Plurinational State of Bolivia,bo/documentos/publicaciones/

7 February 2009 (extracts) constitucion.pdf>
Original in Spanish, English

translation ANNEX T ITLE S OURCE PAGE
NO NO

Annex 67 Service Manual for the Port of <http://www.tpa.cl/v1/appl/up 961
Arica, 1 December 2011 load/subidos/201112293911.p

(extracts) df>
Original in Spanish, English

translation

Annex 68 Letter from the Chilean Archives of the Ministry of 975
Ministry of Foreign Affairs to Foreign Affairs of Chile
the General Secretariat of the
Organization of American

States, No 389,
12 December 2011

Original in Spanish, English
translation

Annex 69 Empresa Portuaria Arica, Port <http://www.puertoarica.cl/W 979
of Arica, 2012 Annual Report eb/archivos/memoria2012.pdf
(extracts) >

Original in Spanish, English
translation

985
Annex 70 Empresa Portuaria Iquique, Port <http://www.epi.cl/docs/mem
of Iquique, 2012 Annual Report oria2012.pdf>
(extracts)

Original in Spanish, English
translation

Annex 71 Bolivian Law on Normative Bolivia, Senate, Act 991
Application – Statement of Implementing Regulations:

Reasons, 6 February 2013 Explanatory Memorandum,
(extracts) 6 February 2013

Original in Spanish, English
translation

xx ANNEX TITLE SOURCE P AGE
N O N O

Annex 67 Service Manual for the Port of <http://www.tpa.cl/v1/appl/up 961
Arica, 1 December 2011 load/subidos/201112293911.p

(extracts) df>
Original in Spanish, English

translation

Annex 68 Letter from the Chilean Archives of the Ministry of 975
Ministry of Foreign Affairs to Foreign Affairs of Chile
the General Secretariat of the
Organization of American

States, No 389,
12 December 2011

Original in Spanish, English
translation

Annex 69 Empresa Portuaria Arica, Port <http://www.puertoarica.cl/W 979
of Arica, 2012 Annual Report eb/archivos/memoria2012.pdf
(extracts) >

Original in Spanish, English
translation

985
Annex 70 Empresa Portuaria Iquique, Port <http://www.epi.cl/docs/mem
of Iquique, 2012 Annual Report oria2012.pdf>
(extracts)

Original in Spanish, English
translation

Annex 71 Bolivian Law on Normative Bolivia, Senate, Act 991
Application – Statement of Implementing Regulations:

Reasons, 6 February 2013 Explanatory Memorandum,
(extracts) 6 February 2013

Original in Spanish, English
translation A NNEX T ITLE SOURCE PAGE
N O N O

Annex 76 Official Bolivian Press Release,tp://www3.abi.bo/nucleo/n 1095

“Morales calls on Obama to oticias.php?i=2&j=20140630
show Chile how treaties may be12624>
revised and territories returned”,
Bolivian Information Agency,
30 June 2014

Original in Spanish, English
translation

Annex 77 Organization of American <http://www.oas.org/juridico/1099
States, Signatories and english/sigs/a-42.html>
Ratifications, A-42: American
Treaty on Pacific Settlement

Original in English

xxii Annex 14

Protocol to Seek an Arrangement to Put an End to the War of

the Pacific, 13 February 1884

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), pp 52-55

265Annex 14

266 Annex 14

Protocol to Seek an Arrangement to Put an End to the War of the Pacific

Signed in Valparaiso on 13 February 1884

“In Valparaiso, on 13 February 1884, having met reunited in the hall of
the office of the Ministry of Foreign Affairs, Mr. Aniceto Vergara Albano,
Minister of Foreign Affairs of Chile, Belisario Salinas and Belisario Boeto,

envoys of the Government of Bolivia in special mission, to seek an agreement
that puts an end to the war between bot h countries, the Minister of Foreign
Affairs exposed:
“That both from the verbal communication that his honorable predecessor,
Mr. Luis Alduante, had made, when approaching the Ministry, on the pending
negotiations with the Bolivian Plenipotentiaries, as from the different

documents and memoranda, not yet aut horized, on the same matter, which had
been found in the Secretary of the Depar tment, it had been instructed that, until
the present, those negotiations were still in progress and I knew, consequently,
that the different conversations held between Mr. Alduante and Mr. Salinas and
Mr. Boeto had come to an exchange of ideas and viewpoints which, without
vesting considerable importance in the special nature of what had been
negotiated, vested it with enough of that importance to fix in a certain manner

the grounds for subsequent debates;
“That, since I was certain that the Plenipotentiaries of Bolivia would
understand it, there was an irrefutable c onvenience in avoiding sterile debates
on issues already addressed on which, wher eas it was not possible to achieve a
common agreement, at least the thoughts of the respective negotiators are well
known as well as the elasticity of the demands and conditions which each of the
parties places on the debate;

“That there still can be a political conve nience for the moment or one of a
historical nature, in recording, [in a manner that is] reliable and authorized, the
opinions, which on behalf of one or another country, have been uttered as well as
the manner in which the diplomatic negotiators have carried on this
transcendental purpose entrusted to their hands;
“That, on account of these considerations, which are obvious and just, I had
believed that the Ministers of Bolivia would not deny their agreement to put into

a single memorandum the content of the di fferent protocol projects, submitted by
one or another party and un-formalized until the present on account of
discrepancies which cannot be deemed as insurmountable,
“Replying to this purpose and attempting to create a substantial compilation
of what occurred in the conferences of 7 and 10 December, I have written the
following Factum:
“The Foreign Ministers of Bolivia officially welcomed and after seeing

their credentials by the Minister of Foreign Affairs of Chile, started the
conference of 7 December, on the development of the high task that has brought

267Annex 14

268 Annex 14

them to this country, expressing their desire to listen, as primary ground of a
detailed exchange of views, to the words of the Minister, pursuant to the

disposition of the Government of Chile to address the purpose of their mission.
“The Minister of Foreign Affairs ex pressed, in reply to the Envoys of
Bolivia, that given the special condition that corresponds in this negotiation to the
country which serves as organ, they shall surely proceed, in his view, in a more
proper manner, starting by hearing the pr oposals that Mr. Salinas and Mr. Boeto
were mandated to submit; but that, notwithstanding having enshrined in a
document that will soon become public the summary of the antecedents and of

the current international situation between both countries, which is the Report of
his Department that shall soon be sub mitted to the National Congress, it did not
hesitate to instruct the Envoys of Bolivia, as a proper means of making them
know promptly and in a general way the id eas and topics that their Government
believed to have the duty to contemplate. Accordingly, the paragraphs alluded to
in the Report of the Ministry of Foreign Affairs were read.
“Mr. Salinas says that he has heard with due attention the reading that has

just been made and that, whereas he f ound support to rectify some of the views
expressed in that document, which is avoi ded so as to preserve the conciliation
and harmony of the debate, he acknowled ges the desire that encourages the
Government of Chile to give a solution to its affairs with Bolivia.
“He wants, nonetheless, to establish cer tain observations that shall serve to
assess the conduct of Bolivia in the War of the Pacific.
“Whatever the causes or antecedents originated from the war, which has

divided the two countries for five years, the fact was that, at a certain time, the
Republic of Bolivia found itself in the middle of a war for which it was not ready,
which threatened its autonomous ex istence but which the national honor
demanded it to accept in an inexcusable manner. If the disgraceful course of the
events made him understand quickly that it was convenient for Bolivia to
accelerate the end of the conflict, taking advantage of Chile’s repeated

expressions of willingness, the obvious cons iderations of honesty and loyalty for
its ally, the Republic of Peru, closed this path. Leaving aside the analysis of all
consideration of convenience and of exa mining the origin, nature and tendencies
of the Secret Pact of 1873, he believed that he had to respect it religiously, above
all because the fortune was adverse for both allies.
“The latest and most notorious events of the war reveal to his country the
scrupulous respect safeguarded by the pact of alliance and in conformity with the

vote of the Bolivian people and the Congr ess, the Bolivian envoys have come to
talk with the Government of Chile to seek an agreement on a settlement that may
restore tranquility and that may reopen the beneficial and reciprocal trade flows
between both countries.
“Considers that the Government of Chile will want to recall that Bolivia
cannot resign itself to a total lack of a point of communication with the Pacific,

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without the risk of condemning itself to perpetual isolation and a painful
existence, even in the midst of its great elements of wealth. He believes that this

latter perspective would not meet Chile’s interests either, and that it would seed
elements of disturbance and dislocation in continental policy for the future.
“Mr. Salinas finally considers that it would be easy for Chile to fulfil
Bolivia’s aspiration, whether by an act of its own or by giving place to a new
agreement between the three Republics, with whose unanimous consent they
could reach, by modifying the treaty recently concluded with Peru, a satisfactory,
reciprocal solution.

“The Minister of Foreign Affairs considers that, currently, the difficulties of
the situation in which Bolivia is found, along with its resistance to Chile’s
reiterated insinuations, give place to a much graver situation, in their view, than
the one assigned by the Envoys of Bolivia.
“To give Bolivia an outlet to the Pacific, there are only two paths, it either
interrupts the continuity of Chile’s coastal territory or it is fixed in the northern
endpoint of that territory. It is understood with no effort that the first option is

unacceptable for Chile, and it is also understood that the cession of an area in the
northern endpoint of that coastal area, is a matter that requires special study with
regard to the permanent interests of the country, which is currently outside the
sphere of action and faculties of the Government.
“The Treaty of 20 October has deferred, in effect, to an ulterior act,
consecrated through a solemn pact and of absolutely uncertain results, the
adjudication of the dominion of those territo ries. It is, hence, evident that Chile

could not confer Bolivia a title which Chile currently lacks.
“Mr. Salinas and Mr. Boeto ask whether their insinuation has been given a
scope that has been far from being vested. They do not want to induce Chile to a
violent breach of the Treaty of 20 Octobe r, but rather to prompt a tranquil
debate, to solve, within the framework of common convenience among the three
countries, the difficulties of the current situation.

“Considering, however, that the ideas issued by the Minister close the door
to all hope of a definite arrangement, they would like to know, before taking a
step forward, if, as they expect, it w ould be possible to find other means of
solution that are acceptable for the Government of Chile.
“The Minister of Foreign Affairs says that there is another path, noted
beforehand by the Governments and th e public opinion of both countries. He
alludes to an indefinite truce that, based on reciprocal convenience, erases

gradually the memories of the past and creates bonds for their future
understanding. He adds that so as to disc uss this particular matter, he would like
to know if the mentioned idea would be – in abstract – acceptable for the Envoys
of Bolivia.
“Suspended, by mutual agreement, the meeting of 7 December, the
Bolivian Envoys stated, at the beginning of the subsequent meeting on 10

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December, that they lacked the necessary instructions to pronounce on the points

submitted by the Minister of Foreign Affairs.
“After exchanging observations on the scope of the instructions that guide
the Envoys of Bolivia and emphasizing to the Minister of Foreign Affairs the
ideas exposed in the conference held on the 7 thon the impossibility of reaching,
for now, a definite agreement, Mr. Boet o expresses the desire of knowing the
ideas of the Minister regarding a truce arrangement, in order to get new

instructions from his Government, it w ould be advisable to authorize him to
resolve on the acceptance of the idea in abstract, which is closely linked to the
nature of the clauses that the draft pact may contain.
“The Minister of Foreign Affairs considers that it would be much easier for
him to fulfil the desires ex pressed by Mr. Boeto, for in the long course of the
negotiations engaged into to reach an agreement between both countries, it was

possible to find more or less substantial ideas in semi-official documents which
could serve as a starting point for the elaboration of a truce agreement. In effect,
the known grounds to which Mr. Lillo and Baptista arrived in 1881, as well as
those accorded upon between Mr Lillo and Bolivian General Camacho contain
general ideas, which, in his view, would not be far from being substantially
accepted by both Governments.

“Those projected clauses could, then, be subject to a careful study by both
parties, inasmuch as the arrival of new instructions that the Envoys of Bolivia
have considered necessary allows them to carefully analyse the matter.
“Referring to the pact projected between Mr. Lillo and Mr. Baptista, the
Foreign Minister immediately conducted a cursory study of some of the
provisions, and he agreed, with the excepti on of some slight di screpancies, with
Mr. Salinas and Mr. Boeto.

“Once the exactness of this writing was accepted by the Ministers of Bolivia,
they signed it with the Minister of Foreign Affairs.– (signed by) – A. Vergara
Albano.– (signed by) B. Salinas.– (signed by) – Belisario Boeto.

273274 Annex 15

Treaty of Commerce between the Republics of Chile and

Bolivia, signed at Santiago on 18 May 1895

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Report of the Minister of Foreign Affairs to the
National Congress (1897), p 170

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...

Treaty of Commerce between the Republics of Chile and
Bolivia

JORJE MONTT

PRESIDENT OF THE REPUBLIC OF CHILE

Whereas the Republic of Chile and the Republic of Bolivia concluded and
signed in Santiago, Chile, 18 May 1895, by means of their duly authorized

Plenipotentiaries, the Treaty of Commerce, literally copied, states as follows:

Treaty of Commerce between theRepublics of Chile and Bolivia

The Governments of Bolivia and Chile being equally animated by the
purpose of consolidating and extending the commercial relations between

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the two countries, have resolved to conclude a Treaty of Commerce
which shall contain terms adequate for the said purpose, and have
appointed as their Plenipotentiaries :

His Excellency the President of the Republic of Chile, the Minister of
Foreign Relations, Don Luis Barros Borgoño; and

His Excellency the President of the Republic of Bolivia, the Envoy
Extraordinary and Minister Plenipotentiary, Don Heriberto Gutierrez ;

Who, after having exchanged their fu ll powers, found to be in due and
proper form, have agreed upon the following Articles :

The commercial relations between the Republic of Bolivia and the

Republic of Chile are established on the basis of ample and reciprocal
liberty.

The citizens of each country shall have in the territory of the other, in all
matters relating to the exercise of commerce and trade the same rights as

natives, nor can they be subject to any tax different from or higher than that
imposed upon natives.

Bolivians in Chile and Chileans in Bolivia shall enjoy all guarantees

which the law extends to natives of each country for the protection of their
persons and their property. They shall likewise have the right of acquiring

and possessing property of every kind, a nd of disposing of such property in
the same manner as natives without being subject, on account of their
character as foreigners, to any payment or tax which is not imposed on

natives.

III

The High Contracting Parties declare that they will mutually recognize

all the companies and other commercial, industrial, or financial associations
which have been established and authorized in conformity with the laws of

each of the two countries their privilege of exercising all rights and of
appearing in trial before the Courts

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without any other condition than that of conforming to the provisions of the
laws of the respective States.

The Bolivians in Chile and the Chil eans in Bolivia are exempt from all

compulsory military service in the army and navy and in the national guards
or militia, nor can they be subject for their real and personal property to any

other charge, restriction, tax, or impost than those which are imposed upon
natives.

The High Contracting Parties, in the desire to remove everything which

may disturb their friendly relations, agree that whenever there may be claims
or complaints of individuals referring to matters which are subjects for the

civil or penal laws, and which may be submitted to the courts of the country,
they will not intervene officially by means of their Diplomatic

Representatives unless it is a question of a denial of justice, or of acts which
imply the non-observance or manifest infraction of the rules of public or
private international law generally recognized by civilized nations.

It is likewise agreed that by neither of the two Parties can any claim be
presented against the other for responsibility for damages, injuries, or

exactions which their respective citizens may suffer in cases of political
disturbances produced by insurrection or civil war, or which may be caused

by insurgents or rebels, unless the public authorities may have been remiss
in the discharge of their duties, or may not have employed necessary
vigilance or precautions.

The native products of Chile and products manufactured from Chilean
raw material, as well as native products from Bolivia and those

manufactured from Bolivian raw material, which may be respectively
imported into the territories of each of the High Contracting Parties,

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shall be free from every fiscal or municipal charge except those imposed,
prior to this Treaty, on similar produc ts of the country into which such
products are imported.

A special Protocol shall enumerate the products comprised in this
exemption, and shall at the same time determine the procedure which

must be followed by the respective custom-houses for their importation.
In the meantime, Article VII of the Protocol of the 30th May, 1885, shall

continue in force.

VII

Alcohols of Chile are not included in the exemption of the previous
paragraph; but in no case can a greater tax be imposed upon them than that

imposed upon the alcohols of other countries. If the Government of
Bolivia shall accord any exception or privilege in favor of another State,

Chile shall be included in this exception or privilege. For the purpose of
this provision, alcohol shall be understood to be spirits which exceed 25

degrees.

VIII

Every favor or immunity which one of the High Contracting Parties
accords to a third power in the matter of commerce shall be immediately

and unconditionally extended to the other. In addition, neither of the High
Contracting Parties shall subject the other to any prohibition or surcharge

on goods which may be exported or in transit, which shall not at the same
time be applied to all other nations, except the special measures which the

two countries may reserve the right to establish for sanitary purposes, or in
the eventuality of a war.

The ports of Chile which are in communication with Bolivia shall be free

for the transit of merchandize impor ted and exported, proceeding from or
destined to the latter Republic.

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For the purpose of giving facilities to commerce between the two

countries, the High Contracting Parties bind themselves to stimulate the
formation of societies or companies for the construction of railway lines to

unite their conterminous provinces and to protect or guarantee effectively
those which at present exist, in order that they may extend their branches

to the most important centers. In particular, they will encourage the
extension of the railway line which unites Antofagasta with the city of
Oruro.

Railway engines, wagons, sleepers, ra ils, spikes, fish plates, and other
accessories which are introduced through Antofagasta or any other Chilean

port, and which are destined for the prolongation of the railway from Oruro
to La Paz, are exempt from all storage and dock charges and from every

other fiscal tax. The amount and period of this privilege sh all be determined
by agreement between the contracting Governments.

XII

Correspondence exchanged between the Republic of Chile and the

Republic of Bolivia shall be duly stamped in the country from which it
proceeds, and shall circulate free and exempt from all charge by the post-

offices of the countries to which it is directed.

XIII

The official correspondence of the two Governments and their
respective Diplomatic and Consular Agents, official publications, reviews,

pamphlets, and newspapers shall be free of postage and exempt from every
charge in the country to which they are destined.

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XIV

When the correspondence and publica tions before mentioned shall

pass through one of the two countries in transit, the latter shall be
obliged to forward them to their destination, and if for that purpose, it
should be necessary to stamp them, the stamping shall be for the

account of the Government to whom the mail in transit belongs, without
any responsibility on the part of the other.

The two Governments oblige themselves to maintain an equal number of
mail services, on days and by routes to be agreed upon, for carrying the mails

of both countries.

XVI

The High Contracting Parties shall respectively accredit the Consular

officials whom they may regard as necessary for the development of trade
and for the protection of the rights and interests of their respective
citizens. The said officials shall enjoy the privileges, exemptions,

immunities, and style of address which belong to the Consular Office with
which they are invested.

The Consular Offices and archives are inviolable. They cannot be
searched by any one. These privileges, however, shall not be extended to

the archives of Consuls who at the same time exercise trade, commerce,
or other functions foreign to the Consulate, unless they keep such

business entirely separate from everything that concerns their Consular
functions.

XVII

The High Contracting Parties likewise agree that, independently of the

preceding provisions, the Diplomatic and Consular Agents and citizens of
each country, and the merchandize of each nation, shall respectively enjoy

whatever exemptions, immunities, and privileges

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that may be conceded to the most favored nation, freely when freely

granted, and yielding the same compensation when the grant is conditional.

XVIII

The present Treaty shall be in full force for ten years, to count from the

date of the exchange of the ratifications. When this period has elapsed,
either of the High Contracting Parties may notify the other of the
abrogation of the Treaty, but the period of one year shall intervene

between the announcement of such abrogation and the cessation of the
Treaty. If the notice mentioned is not given, the Treaty shall continue in

force indefinitely.

XIX

The ratifications of this Treaty shall be exchanged within the period of six
months, and the exchange shall take place in the city of Santiago.

In witness whereof the Minister of Foreign Affairs of Chile and the

Envoy Extraordinary and Minister Plen ipotentiary of Bo livia have signed
and sealed with their respective seals, and in duplicate, the present Treaty

of Commerce, in the city of Santiago, on the 18th day of May, 1895. –
(L.S.) – Luis Barros Borgoño. –(L.S.) –H. Gutierrez .

And the aforementioned Treaty has been ratified by me, upon approval
of the National Congress, and the respective ratifications have been
exchanged in the city of Santiago on 30 April 1896.

Thus, in accordance with the right that I was granted under Part 19 of
Article 73 of the Political Constitution of the State, I declare and order

that the aforementioned Treaty shall be executed and brought into force in
all of its parts as a law of the Republic.

Done in the Hall of my office, in Santiago, 1 May 1896.

JORJE MONTT.

Adolfo Guerrero .

289290 Annex 16

Protocol on Debts between Bolivia and Chile, signed at Santiago
on 28 May 1895

(Original in Spanish, English translation)

Bolivia, Ministry of Foreign Affairs, Report of the Minister of Foreign Affairs to the
Ordinary Congress (1896), p 182

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292 Annex 16

Protocol on debts

In Santiago, Chile, on 28 May 1895, at a meeting held in the Office of the

Minister of Foreign Affairs, Mr Heriberto Gutiérrez, Extraordinary Envoy and
Minister Plenipotentiary of Bolivia, and the Minister of Foreign Affairs, Luis Barros
Borgoño, with the purpose of defining and detailing the provisions enshrined in article

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two of the Treaty of Peace and Amity co ncluded between the Republics of Chile and
Bolivia, agreed to put on record the following bases that must control the liquidation

of the debts therein stated:

1.– The debts that, pursuant to th e 1884 Truce Agreement, have been
acknowledged by the Government of Bolivia , will continue to be paid with a share
equal to forty per cent (40%) of the income of the customs office of Arica. To
calculate this interest, the average of the income of the aforementioned customs office
in the last five years will be used.

2.– The creditors of such debts may receive as payment internal debt bonds of
the Republic of Chile, at four per cent (4 %) or five per cent (5%) annual interest and
one per cent (1%) of cumulative amortizati on, with the condition that the liquidation
agreed between Don Heriberto Gutierrez, on behalf of Bolivia, and the creditors,
pursuant to the 1889 contracts, remains outstanding.

3.– Debts not included in the preceding declaration which are “bonds of the

railway from Mejillones to Caracoles”, those of Don Pedro López Gama, Don Juan
Garday and Don Juan G. Meiggs will be assessed by the Government of Chile, who,
for the purposes of setting out the final outstanding amounts and agreeing on the form
of payment, will take into account the source of each debt as well as their background,
which the Minister of Bolivia has enshrined in the Memorandum of 23 of May of this
year.

4.– Should Bolivia choose to assume the collection of the aforementioned
debts or part of them, their amount will be set off from the sums Boliviathust pay
Chile pursuant to other provisions of the Treaties concluded on the 18 day of this
month.

5.– The memorandum referred to in this protocol is hereby annexed, signed in
this city, on 23 May by the Minister of Bolivia.

295Annex 16

In witness whereof and by virtue of the full powers vested in them, the
Minister of Bolivia and the Minister of Foreign Affairs of Chile sign the present
Protocol in duplicate.

(L. S.)– H. Gutiérrez.

(L. S.)–Luis Barros Borgoño.

296 Annex 17

Protocol on the Scope of the Treaty on Transfer of Territory
between Bolivia and Chile, signed at Santiago on 28 May 1895

(Spanish transcription, English translation, original in Spanish)

Original submitted by Bolivia as Annex 104 to its Memorial

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298 Annex 17

Protocol on the Scope of the Treaty on Transfer of Territory

Jorje Montt,
President of the Republic of Chile

Whereas, the Republic of Chile and the Re public of Bolivia ha ve negotiated and
signed, through their respective and duly authorized Plenipotentiaries, in Santiago, the

Protocol on the Scope of the Treaty on Transfer of Territory, which reads as follows:

In Santiago, Chile, on 28 May 1895, meeting at the hall of the office of the
Department of Foreign Affairs, Mr Luis Barros Borgoño, Minister of Foreign Affairs
and Mr Heriberto Gutíerrez, Extraordinary Envoy and Minister Plenipotentiary of
Bolivia, with the aim of establishing greater precision in the meaning and spirit of the

Treaty signed between the Republics of Chile and Bolivia on 18 May with regard to
the transfer of territory the former makes to the latter, the Minister of Bolivia states:

That, noting the core of the said Treaty, the purpose of the High Contracting Parties is
to secure for Bolivia a port on the Pacifi c, of proper and sufficient conditions to
respond to the needs of foreign trade of the Re public. It is understood that to this end

both Governments are inclined to acquire the territories of Tacna and Arica and that
the solutions established under Article IV of the said Treaty are only supplementary
and contingent in nature.

That, consequently, the Minister expects that the Ministry of Foreign Affairs of Chile,
in the discussions and efforts relating to this matter, will be inspired by the

fundamental basis, which is the acquisition of the territories of Tacna and Arica so
that they may be transferred to Bolivia, and not to consider as an alternative the
extreme contingency enunciated in the aforementioned Article IV.

At the same time, the Minister trusts that the Ministry of Foreign Affairs of Chile will
continue to pursue negotiations relating to the acquisition of the territories of Tacna
and Arica with the greatest possible energy, so as to ensure that this goal is met within

a year of the exchange of instruments of ratification of the Treaties of Peace and
Amity signed by the Republics of Chile and Bolivia on the 18th day of this month and
year, unless extraordinary circumstance s or insurmountable difficulties should
necessitate a later deadline.

Finally, the Minister hopes that the Mini ster of Foreign Affairs of Chile, who is

intimately familiar with the accuracy of the previous declarations, will take them into
account and confirm them by way of his benevolent assent.

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300 Annex 17

The Minister of Foreign Affairs, agreeing to the ideas put forward by the Minister of
Bolivia, stated that his Government would in the first instance attempt to achieve the
solution set out in Article I of the Treaty on Transfer of Territory and that the
provisions of Article IV referred to th e possible scenario where Chile could not

acquire the territories of Tacna and Arica byeither direct negotiations or by plebiscite.

In witness whereof and in view of the full powers they are vested with, this protocol is
signed in two copies by the Minister of Fo reign Affairs of Chile and the Minister of
Bolivia.

(Signed) Luis Barros Borgoño
(Signed) H. Gutierrez

Hence and after the National Congress approved this protocol, in exercise of the
powers conferred by Part 19, Article 73 of the Political Constitution, I have accepted,
approved and ratified it as law of the Republic and committed to its observance for

national honour. In witness whereof I sign this Ratification, sealed with the seal of
Arms of the Republic and endor sed by the Minister of St ate in the Department of
Foreign Affairs, in Santiago, 30 April 1896.

(Signed) Jorge Montt

(Signed) Adolfo Gutierrez

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304Annex 17

305306 Annex 18

Letter from Juan Matta, Minister Plenipotentiary of Chile in

Bolivia, to the Minister of Foreign Affairs of Chile,
18 June 1895 (extract)

(Spanish transcription, English translation, original in Spanish)

Archives of the Ministry of Foreign Affairs of Chile

307Annex 18

Legacion de Chile
en Bolivia
No. 127

Confidencial

Sucre, a 18 de Junio de 1895

Señor Ministro,

Con fecha 12 de los corrientes tuve el honor de recibir el telegrama cifrado de
V.S. que a continuación reproduzco:

“Con referencia carta recibida hoy esté V.S. cierto que Tratados
consultan positivas ventajas y aseguran Bolivia salida al mar.
Protocolo posterior consagra aún mas estos propósitos de Chile.
Prepare con la prudencia necesaria trabajo preciso y contrarreste

toda propaganda desfavorable. Queda V.S. autorizado para efectuar
los gastos necesarios. Rocha salió hoy por la via de Jujuy. Mañana
envío nota con copias pedidas”

A propósito de las indicaciones contenidas en el telegrama preinserto, creo
oportuno ampliar, en el presente oficio, los informes que tuve la honra de elevar al
conocimiento de V.S., en mi nota confide ncial de Junio 11, No. 126, correspondiente

al correo próximo pasado.

En dicha nota espuse estensamente las dificultades que, a mi juicio
encontraría, en los círculos políticos y en las esferas gubernativas, la aprobación de
los Tratados. Manifesté, igualmente, las opciones y las exigencias que me habían
hecho presente el señor Fernandez Alonso y el doctor Cano respecto a la necesidad de
estipular en los convenios la cesión esplicita de Tacna y Arica a favor de Bolivia y la

de dar mayor amplitud a las concesiones comerciales acordadas por Chile.

Los informes e impresiones que transmit í a V.S. entonces, fueran la espresión
clara de las ideas que, tanto el Sr. Alons o como el Doctor Cano, me comunicaron en
diversas conferencias.

Restablecida ya la salud del Sr Presid ente Baptista, el 15 del actual me fue
posible tener una entrevista con este alto funcionario.

Valido de la deferencia con que siempre se ha dignado distinguirme el Sr.
Baptista, no tuve inconveniente para rogarl e se sirviera decirme con toda franqueza

cuál era su impresión respecto a los Trata dos y si creía que ellos podían ser viables,
obteniendo la aprobación del próximo Congre so. No evité asimismo declararle que,
en mi sentir, dichos convenios no habían encontrado favorable acojida en la opinión
del país, y que, por su parte, el Sr. Ca no y el Sr. Alonso, nada hasta ahora habian
hecho para modificar esa opinion en la prensa adicta al Gobierno; que, por el

contrario, se manifestaban sobrado exijentes , tímidos y vacilantes hasta el punto de
creer que sin la cesion de Tacna y Arica no sería posible llevar a término los dichos
convenios.

308 Annex 18

Legation of Chile
in Bolivia

No. 127

Confidential

Sucre, 18 June 1895

Dear Minister,

…

309Annex 18

No oculté, además, al Sr. Presidente, que tan exagerado pesimismo de parte de
los señores Alonso y Cano habí a producido en mi ánimo una verdadera decepción, a
las vez que estrañeza por sus objeciones de úl tima hora en contra de los Tratados ya
suscritos, cuando tenía razones para creer que el Plenipotenciario Gutierrez se había

conformado estrictamente, en la negociación y conclusión de los arreglos, a las
instrucciones impartidas por el propio señor Cano, instrucciones que, de cierto, fueron
consultadas y convenidas en consejo de Ministros.

Terminé insinuando a S.E. el Presiden te, la oportunidad que habría para que
cesaran tantas vacilaciones y para que se pronunciase claramente la opinión del
Gobierno sobre un asunto de tanta gravedad.

El Sr. Presidente replicó a mis observaciones, empezando por asegurarme que

los convenios ajustados habían merecido su aprobación, que en ellos estaba empeñada
su palabra, que así lo había escrito al Plen ipotenciario Gutierrez, que en caso alguno
un Tratado con Chile podía ser popular; pero que él estimaba de su deber y creía
llegada la oportunidad de definir situaciones.

“Yo no he ocultado a Cano, me agregó S.E., que la resolución de estos asuntos
puede significar para él un grave desmed ro en su popularidad. La opinión vulgar y

corriente lo juzgará talvez en sentido desfavorable. Con todo, prosiguió el Sr.
Presidente, no debe alarmarse Ud. de la actitud que con Ud. he mantenido. Ud.
conoce a Cano. Nunca es espontáneo, pero en el momento dado espero que obrará con
enerjía y decisión. En cuanto a sus nuevas exigencias, si fueran atendibles por Chile
no digo que no serían convenientes a nuestros intereses. Apóyelas Ud. si le parecen

justas, mas su no aceptación no obstará pa ra que los arreglos dejen de llevarse
adelante.”

En seguida, el Sr. Presidente me manif estó que tenía la in tención de provocar
próximamente en Consejo de Ministros una esposición de ideas por la cual se
definiesen con claridad las opiniones y se acordasen los procedimientos para preparar
la presentación al Congreso de los Trata dos y una propaganda uniforme de ellos por

parte de la prensa adicta.

Aplaudí con todo calor los propósitos del Sr. Presidente, como los mas
adecuados al objeto, y me permití insinuar mis dudas respecto al apoyo decidido que
algunos miembros del Gabinete, principalmente el Sr. Vicepresidente Fernandez
Alonso, prestarían a los convenios

“El Sr. Fernandez Alonso, le dije, está preparando su candidatura para la
próxima presidencia. Como Ud. bien lo sabe, desde hace algún tiempo, viene

buscando adherentes en todos los partidos, particularmente en el liberal, en donde
predominan resistencias tradicionales contra todo arreglo amistoso con Chile.
Además, Ud. mismo lo ha dicho, el Tratado no es popular, y así también lo
comprende Alonso y muy claro lo ha manif estado en sus últimas declaraciones por la
prensa en los que pretende eludir las res ponsabilidades que le afectarían en la

conclusión de tal acto internacional.”

No rebatió mis observaciones, el S r. Presidente Baptista, pero, llego a
asegurarme que la opinión, en definitiva, de su Gabinete, sería favorable a los
Tratados.

310 Annex 18

I concluded by expressing to His Excelle ncy the President that there was an

opportunity to put an end to so many vac illations and for him to clearly state the
Government’s opinion on such a serious matter.

The President answered my observations, and began by assuring me that the
concluded agreements had merited his approval, that those agreements embodied his word,

that he had written so to Plenipotentiary Gutiérrez, and that, even though a treaty with Chile
could never be popular, he considered it was his duty and he belie ved it was time to settle
the situation.

“I have not hidden from Cano, His Excelle ncy added, that the resolution of these

issues could seriously impair his popularity. Ordinary public opinion might judge him
unfavorably. Notwithstanding, the President continued, you should not worry about the
attitude I have maintained with you. You know Cano. He is never spontaneous, but I hope

that, when the time comes, he will act energetically and decisively. As regards your new
requirements, if they were acceptable to Chile, I do not say they would not be convenient to
our interests. Support them if you think they are fair; however, their non-acceptance will

not prevent the arrangements from being carried forward.”

Next, the President informed me that he intended to hold a discussion soon at a
meeting of the Council of Ministers to cl early define opinions and to agree on the
procedures to prepare the presentation on the Treaties for Congress, as well as consistent

propaganda for the Treaties by the press.

I fervently welcomed the President’s initiative as the most suitable for the cause,
and allowed myself to expre ss doubts concerning the support that some members of the

Cabinet, mainly the Vice President Fernandez Alonso, would lend to the treaties.

“Mr. Fernandez Alonso, I said, is preparin g his candidacy for the next presidency.
As you well know, he has for some time been seeking support in all parties, particularly the
liberal party, which has been dominated by traditional resistance against any amicable

arrangement with Chile. Moreover, as you have said, the Treaty is not popular, and this is
also the opinion of Alonso, who clearly stated so in his latest press statements, where he
intended to avoid his responsibility for the conclusion of this international arrangement.”

Mr. President Baptista did not challenge my observations but assured me that,

ultimately, the opinion of his Cabinet would be favorable towards the Treaties.

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“Cuento sobre todo, me agregó, con la opinión y cooperación del Ministro de

Gobierno, Luis Paz, de quien Ud. conoce las buenas disposiciones. Cano, Medina y
Ochoa no ofrecerán dificultades. Tehaso, a pesar de sus inclinaciones, estará con
nosotros. En cuanto a Alonso que es, también a mi juicio, el único que podría
presentar objeciones, veremos lo que se hace . En todo caso se procurará que entre en
el camino comun y asuma la solidaridad que le corresponde.”

A fin de esclarecer ante V.S. el carác ter de mi referencia sobre la actitud del

Sr. Alonso y las palabras un tanto terminantes del Sr. Presidente con que las confirmó,
debo hacer presente a V.S. que, en los úl timos tiempos, se ha producido un serio
desacuerdo entre el candidato a la presidencia y el Sr. Baptista, desacuerdo al cual no
es estraño el ascendiente amistoso de que goza el Sr. Luis Paz cerca de S.E. Tengo
muy presente esta circunstancia, porque, acaso puede servir a nuestro propósitos.

Se estendió, en seguida, el Sr. Presiden te, en algunas consideraciones sobre lo

que importaban las concesiones territori ales acordadas a Bolivia por nuestra
Cancillería. Me espresó que la Caleta Vitor, indudablemente no correspondía a las
aspiraciones de su país; que él se resignaba a aceptarlas como fórmula de solución y
nada mas. Pero que su deseo, su mas vivo deseo, sería que Chile se allanase a entregar
otra región donde verdaderamente existies e una bahía y terrenos apropiados para

fundar una ciudad.

“Esta es simp lemente espresión de mis deseos, concluyo diciéndome, que le
ruego comunique a su Gobierno y ojala sea el la acojida con deferencia, porque así, a
lo menos, nos sería mas posible vencer las dificultades que se preparan.”

Manifesté al Sr. Baptista, que me haría un deber en transmitir a V.S. los
deseos espresados, agregándole que, con ello, no hacía mas que corresponder a la
benevolencia que me dispensaba y a la altura de miras y exacto criterio que se había
dignado manifiestarme en orden a las cuestiones por resolverse con nuestra

Cancillería.

Al despedirme del Sr. Presidente, todavía, este se dignó reiterarme la
confianza de que nuestros asuntos llegarían a feliz término.

________

Antes y después de la conferencia celebra da con el Señor Baptista he tenido
ocasiones de conversar largamente con el Sr. Aniceto Arce sobre los últimos
Tratados.

Por no dar demasiada estensión a las presentes informaciones, omito detallar a
V.S. el contenido de esas conferencias; pero puedo asegurarle que el Sr. Arce se

inclina resueltamente a una solución pronta de nuestras cuestiones con este país.

Últimamente solicité de el su apoyo franco y decidido a fin de que me ayudase
a influir en la opinión de los miembros de l Congreso que próximamente habrán de
llegar a esta ciudad. El Sr. Arce mostró las mejores disposiciones al respecto, y al
mismo tiempo convinimos en que en la pr imera oportunidad, hablaría con el Sr.
Baptista con el propósito de afirmar su actitud favorable a los tratados.

312 Annex 18

“Above all, he added, he was counting on the opini on and cooperation of the
Government Minister, Luis Paz, whose good intentions you know. Cano, Medina and

Ochoa will make no objections. Tehaso, despite his position, will support us. As regards
Alonso, who is, also in my opinion, the only on e who might make objec tions, we will see

how he proceeds. In any event, we will try to align him with the rest and to cause him to
cooperate accordingly.”

In order to clarify to Your Excellency th e nature of my reference as regards the
attitude of Mr. Alonso and the rather blunt words used by the President to confirm it, I

should note to Your Excellency that, recently, there has been serious disagreement between
the candidate for the Presidency and Mr. Baptista, which disagreement is not contrary to the

friendly influence enjoyed by Luis Paz over Hi s Excellency. I have this circumstance in
mind because it may serve our purposes.

The President explained some considera tions regarding the importance of the

territorial concessions agreed in favor of Bolivia by our Ministry of Foreign Affairs. He
expressed to me that the Vítor Cove was undoubtedly not among the aspirations of his
country, that he was reluctant to accept it, as a formula for a solution and nothing more. But

his desire, his craving, was that Chile accepted to deliver another region which actually
comprised a bay and proprietary lands to found a city.

“This is simply an expression of my desires, he concluded, which I ask you to

communicate to your Government, and I wish they were [to be] welcomed with deference
since, in this way, at least, it will be more feasible for us to overcome the upcoming
obstacles.”

I told Mr. Baptista that I would make my duty to transmit to Your Honor the desires
expressed, and added that, th rough this gesture, I would merely be responding to
benevolent treatment, and applying the same criterion dispensed by His Excellency to me in

connection with the issues to be settled with our Ministry of Foreign Affairs.

At the end of the conversation with the President, he said he trusted that our matters
would reach a happy ending.

_______
Before and after the meeting held with Mr. Baptista, I had the chance to talk
exhaustively with Mr. Aniceto Arce about the latest treaties.

In order to state that information briefly, I will omit to detail to Your Honor the

content of the meetings, but I can assure you that Mr. Arce is strongly inclined towards a
prompt solution to our issues with this country.

Finally, I asked him to provide frank and d ecisive support to help me influence the

opinion of the Congress members who will be arriving soon in this city. Mr Arce
demonstrated his best intentions to that request and at the same time we agreed that at the

first available opportunity, he would speak to Mr. Baptista for the purpose of affirming his
favorable attitude towards the treaties. …

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Conoce V.S. los elementos y las influenc ias que puede mover, en este país, el

Sr. Arce, y es por tanto inoficioso le manifesté lo útil que puede sernos su concurso en
esta ocasión.

________

Al mismo tiempo no he descuidado la ín tima amistad que me dispensa el Sr.
Ministro de Gobierno, Doctor Luis Paz, pa riente del Sr. Arce, hombre de confianza
del Sr. Baptista y a quien, con algún fundamento, se le supone el propósito de
contrariar la política fusionista del candidato a la presidencia, Doctor Fernandez
Alonso, adversa a la del partido constitucion al, cuyo jefes tradicionales son Arce y

Baptista, y a los cuales repugna toda alianza o arreglo con el llamado partido liberal.

El Sr. Paz me ha declarado con toda entereza que si S.E. el Presidente le
ordena ir al Congreso a sostener los tratados, no tendrá inconveniente en hacerlo hasta
sacrificar sus puesto.

Disccrmtmrenoeiein ones ni actos que pudieran herir la
susceptibilidad del Sr. Fernandez Alons o, procuro halagar los propósitos y las
tendencias del Señor Luis Paz.

________

deuoosSor., mprenderá, a pesar de las opiniones

tranquilizadoras del Señor Baptista, que existen en el personal superior del Gobierno,
dos corrientes que pudieran llegar a ser opue stas y que obedecen a intereses distintos
y bien marcados en lo que se refiere a los asuntos con Chile.

El Presidente Baptista próximo a efec tuar la transmisión del poder supremo,
contempla los arreglos internacionales últimos como una alta obligación de su puesto
que le imponen los intereses superiores de su patria, sin tomar en cuenta los efímeros

aplausos de la opinión, ni las adhesiones pol íticas de las que ya no ha menester.
Considera la necesidad de la paz con Chile a través del criterio de un verdadero
estadista. Los hombres que le son adictos pe rsonalmente, como el Sr Paz y algunos
otros, lo secundarán en sus ideas.

En cambio, los que como Alonso y Cano, necesitan de la popularidad para
llegar, el primero, a la presidencia de la República, y, el segundo, a la vice-

presidencia, o por lo menos, a conseguir mantenerse en su actual posición, están en el
caso de subordinar los actos de carácter internacional a las manifestaciones y
exigencias de la política interna.

Es exactamente lo que está sucediendo respecto a los dos funcionarios
mencionados, y de aquí la conducta equivoca, preñada de dudas y de vacilaciones que
descubren en presencia de los arreglos con Chile.

¿ Conseguirá el Sr. Presidente, como lo espera, atraer a dicho funcionario al

sostenimiento franco y resuelto de los tratados?

Y una vez que se obtenga el acuerdo de ambos ¿no será este aparente, un
simple acto de complacencia esterna?

314 Annex 18

¿Quién podría asegurar que, en el mo mento oportuno, no se hiciesen surjir
dificultades de tal naturaleza que quebrantasen la resolución del Sr. Presidente?

Las gestiones que, al parecer, trae el plen ipotenciario argentino para dificultar

los arreglos, podrían ser una coyuntura prop icia que facilitase los propósitos de los
señores Cano y Alonso.

Con todo, Señor Ministro, y a pesar de las posibilidades apuntadas, siempre
que se mantenga la actitud del Sr. Baptista, se cuenta con el apoyo del Sr. Arce y
cesen o disminuyan, por otra parte, los amagos bélicos del lado de la Argentina,
estimo que será posible afrontar con esperanzas de éxito, ante el próximo Congreso

boliviano, nuestra cuestión de límites y de paz definitiva, en la forma propuesta por
V.S.

Refiriéndome, por último, a las exijen cias comerciales, formuladas por el
Ministro Cano, y que espuse en mi nota confi dencial del 11 del actual, creo que si
ellas puedan ser aceptables de nuestra parte, convendría darlo a conocer a este
Gobierno solo en el estremo de que viéram os en grave peligro la aprobación de los

Tratados.

En este caso, creo además, que nuest ros intereses y nuestra conveniencia
deberían llevarnos hasta estipular la cesi ón esplícita y formal de Tacna y Arica en
favor de Bolivia.

Si, como medio de propaganda para llegar a una solución relativamente
tranquilizadora, nos es políticos y oportuno reconocer la fórmula espresada por el Sr.
Baptista de que “ningún tratado con Chile puede ser popular en Bolivia”, dada las

condiciones en que ambos países están co locados por la fuerza de los hechos; en
cambio, una visión mas clara y mas lejana del porvenir, nos está indicando que el
interés estable de Chile no solo consiste en fundar en esta sección americana,
relaciones oficiales, sino que es necesario llevar nuestra política a la masa del pueblo,
hacerlas simpática, de tal modo que, en un a emerjencia cualquiera, contemos con las

adhesiones populares y no tengamos que te mer la presión de la opinión sobre
Gobiernos, que, generalmente, carecen de prestijio y de voluntad propia.

VS. a qDuios

(Signed)

a t t a M n a u J

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337338 Annex 19

Agreement between Bolivia and Chile to Postpone the Exchange
of Instruments of Ratification for the Treaties signed on

18 May 1895 until 31 December 1895, signed at Santiago on
6 November 1895

(Spanish transcription, English translation, original in Spanish)

Bolivia, Ministry of Foreign Affairs, Treaties Archive, No 12

339Annex 19

No. 12

Acuerdo

Reunidos en el Departamento de Relaciones Esteriores de Chile, el Ministro del ramo,
señor don Claudio Matte, i el Enviado Estraordinar io i Ministro Plenipotenciario de Bolivia,

señor don Heriberto Gutierrez, i tomando en consid eración que no será posible efectuar el canje
de las Ratificaciones de los Tratados suscritos el día 18 de mayo último dentro del plazo de seis
meses establecidos en ellos, han determinado pr orrogar dicho termino hasta el 31 de diciembre

del corriente año.

En fe de lo cual ha suscrito el presente acuerdo, en doble ejemplar, en Santiago, a los 6
días del mes de noviembre de 1895.

(Firmado) (Firmado)

ClaudteutHié.rrez

340 Annex 19

No. 12

Agreement

At a meeting in the Chilean Department of Foreign Affairs, the Chilean Minister of
Foreign Affairs, Mr. Claudio Ma tte, and the Extraordinary Envoy and Minister Plenipotentiary
of Bolivia, Mr. Heriberto Gutiérrez, considered the fact that it would not be possible to exchange

the ratifications of the Treaties signed on 18 May 1895 within the six-month period established
therein, and they agreed to postpone this deadline until 31 December of this year.

In witness whereof, they have signed this agreement, in two counterparts, in Santiago, on

6 November 1895.

[signature] [signature]

Claudio Matte H. Gutiérrez

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342 Annex 20

Agreement between Bolivia and Chile to Postpone the Exchange
of Instruments of Ratification for the Treaties signed on

18 May 1895 until 15 January 1896, signed at Santiago on
31 December 1895

(Spanish transcription, English translation, original in Spanish)

Bolivia, Ministry of Foreign Affairs, Treaties Archive, No 15

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No. 15

Reunidos en el Ministerio de Relacione s Esteriores el Ministro del Ramo
señor don Luis Barros Borgoño i el Enviado Estraordinario i Ministro
Plenipotenciario de Bolivia señor don Heriberto Gutierrez, el primero espuso:

Que ha invitado al señor Ministro de Bo livia a la sala de su despacho con el

objeto de manifestarle que lo s Tratados suscritos entre ambos países el dia 18 de
mayo i los protocolos complementarios de 18 del mismo mes, han sido aprobados por
el Congreso de Chile, i que como esos pactos han sido aproba dos también por el

Congreso de Bolivia, ha llegado el caso de canjear hoy las Ratificaciones respectivas
por cuanto en esta fecha vence el plazo hábil dentro del cual debe realizarse esa
formalidad.

El señor Ministro de Bolivia manifestó:

Que, no obstante que los Tratados i protocolos aludidos habían sido aprobados

por el Congreso de su país el día 9 de diciembre corriente, se encontraba en la
imposibilidad de proceder al canje de la s Ratificaciones por cuanto el correo de
gabinete que era portador del texto de la Ratificación de su Gobierno no había llegado

aun a esta capital, i que, atendida esta circunstancia imprevista, estimaba que era
necesario prorrogar por algunos días el plazo para el canje que, en ningún caso, podría
prolongar mas allá del quince de enero.

Tomando en consideración lo espuesto por el Señor Ministro de Bolivia, el

Señor Ministro de Relaciones Esteriores convino en que se fijara el día indicado – 15
de enero – como fecha final del término del plazo dentro del cual debe quedarse
efectuado el canje.

Para constancia de lo convenido se firm ó la presente acta, en Santiago, a los

31 dias del mes de diciembre de 1895.

(Firmado)
H. Gutiérrez

(Firmado)
Luis Barros Borgoño

344 Annex 20

No. 15

At a meeting in the Ministry of Foreign Affairs between the Minister of Foreign Affairs,
Mr. Luis Barros Borgoño, and the Extraordinary E nvoy and Minister Plenipotentiary of Bolivia,

Mr. Heriberto Gutiérrez, the first of these gentlemen stated the following:

That he has invited the Bolivian Minister to his office in order to express to him that the
Treaties signed between the two countries on 18 May and the supplementary protocols of

28 May have been approved by the Chilean Congress, and since those agreements have also been
approved by the Bolivian Congress, it was time to exchange the ratifications since the deadline
for doing so would end on today’s date.

The Minister of Bolivia stated:

That although the Treaties and protocols mentioned above were approved by the
Congress of his country on 9 December of this y ear, the ratifications c ould not be exchanged

because the diplomatic courier carrying the text of the ratification by his Government had not yet
arrived in Santiago and that, due to unforeseen circumstances, he deemed it necessary to
postpone the deadline for the exchange by several days, not to be later than 15 January in any

event.

Taking into consideration the statements made by the Bolivian Minister, the Minister of
Foreign Affairs agreed to set 15 January as the deadline for exchanging the ratifications.

In witness whereof, they have signed these minutes, in Santiago, on 31 December 1895.

[signature]
H. Gutiérrez

[signature]
Luis Barros Borgoño

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347348 Annex 21

Agreement between Bolivia and Chile to Postpone the Exchange
of Instruments of Ratification for the Treaties signed on

18 May 1895 until 30 January 1896, signed at Santiago on
15 January 1896

(Spanish transcription, English translation, original in Spanish)

Bolivia, Ministry of Foreign Affairs, Treaties Archive, No 16

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No. 16

Reunidos en el Ministerio de Relaciones Esteriores el señor don Luis Barros

Borgoño, Ministro de Guerra i Marina e inte rinamente de Relaciones Esteriores i el
señor don Heriberto Gutierrez, Enviado Estrao rdinario i Ministro Plenipotenciario de
Bolivia, este espuso:

Que por causas imprevistas, el correo de gabinete, que es portador del

instrumento boliviano de Ratificación de los Tratados de 18 i 28 de mayo último,
demorara su llegada a Santiago algunos dias mas, i como hoy, quince de enero, vence
la prórroga del plazo dentro del cual debe efectuarse el canje de las Ratificaciones de

dichos Tratados, se hace indispensable convenir en una nueva prórroga que podría
prolongarse hasta el dia 30 del presente mes.

El Señor Ministro de Relaciones Esteri ores contesto que, en vista de las
consideraciones espuetas por el Señor Ministro de Bolivia, aceptaba la prórroga

solicitada.

Para constancia de lo co nvenido se firma la presente acta, en doble ejemplar,
el dia quince de enero de 1896.

(Firmado)
H. Gutiérrez

(Firmado)
Luis Barros Borgoño

350 Annex 21

No. 16

At a meeting in the Ministry of Foreig n Affairs between Mr. Luis Barros Borgoño, the
Minister of War and Navy, interim Minister of Foreign Affairs, and Mr. Heriberto Gutiérrez, the

Extraordinary Envoy and Minister Plenipotentiary of Bolivia, the second of these gentlemen
stated the following:

That for unforeseen reasons, th e diplomatic courier carrying the Bolivian instrument of

ratification of the Treaties of 18 and 28 May of last year will be delayed in arriving in Santiago
for a few more days, and since today, 15 January, is the deadline for exchanging the ratifications
of those Treaties, it is necessary to agree on a ne w postponement of the deadline, that could be
th
prolonged until the 30 of this month.

The Minister of Foreign Affairs answered that, in view of the considerations stated by the
Minister of Bolivia, he agreed to the requested postponement.

In witness whereof, they have signed th ese minutes, in two counterparts, on 15 January
1896.

[signature]

H. Gutiérrez

[signature]
Luis Barros Borgoño

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352 Annex 22

Chamber of Deputies of Chile, Extraordinary Secret Session
No 33 of 16 January 1896 (extract)

(Original in Spanish, English translation)

Chile, Records of the Chamber of Deputies (1896)

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Chamber of Deputies

Extraordinary Secret Session 33 of 16 January
1896

Mr. Eduardo Videla, presiding

The meeting was called to order at 3:40 p.m.,
with the following gentlemen in attendance: Messrs.

Alfonso, Balmaseda, Ba nnen, Bañados, Barrija,
Boizard, Campino, Concha, Correa, Corralán, Cruyat,

Délano don Alfredo, Donoso, Edwards don Guillermo,
Errázuriz E. don Ladislao and don Javier, Felini,

Fernández, Ferrada, Fisher, González don Juan A.,
Guzmán, Herboso, Herguiñigo, Hina R., Ibañez,
Infante, Irarrázaval, Lamas, Mathieu, Matte don

Ricardo, Meecks, Mira, Montt, Mundt, Ochagavía,
Ortúzar, Ossa, Palacios, Pinto Agüero, Pleitrado, Prieto

don Manuel, Prieto Hurtado, Robinet, Sanhueza, Silva
Cruz, Silva Nieta, Soto, Tocornal, Urejola, Verduys,

Vergara, Walker M., Yáñez and the Ministers of the
Interior and of Finance and the Secretary.

Mr. Videla stated that desiring to consult the
opinion of the Deputies

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and given the nature of the bill that was
dispatched on an urgent basis, the Honorable Chamber

of Senators deemed it appropriate to make the session
secret. If there was no opposition, it would be declared

secret.
Approved.

The minutes of the secret session on

30 December were read aloud and approved.

A report was given on a bill approved by the
Honorable Chamber of Senators authorizing the
President of the Republic to open a current account in

Europe for £ 2,000,000.

Mr. Walker Martínez said that he regrets the
absence of the Minister of Foreign Affairs because he

would like to know whether a protocol published in the
Bolivian press and reproduced in the Chilean press was

authentic or apocryphal. That document, which appears
to be signed by our representative in Bolivia and by the

Minister of Foreign Affairs of this country,

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clarifies provisions of the treaties approved by the

Chamber, and since it is dated prior to the date on
which such approval was gi ven, and was not presented
for discussion, he felt that he needed to query whether

the aforementioned document really existed.

Mr. Rengifo, the Minister of the Interior,

although he has no thorough knowledge of the issue
because it is not his responsibility, can assure that all
the necessary data were submitted during the discussion

of the treaties with Bolivia. These data included a
telegram from our Minister in Bolivia discussing the

protocol referred to by Mr. Walker Martínez. He has
not had an opportunity to compare the text published by

the press with the original, and therefore cannot state
whether that text is accurate, but he affirms that Mr.
Matta, the Minister of Chile in Bolivia, was told that

this protocol could not form part of the treaties, which
were not affected by the declarations enshrined in the

protocol, and that Chile did not commit to anything
beyond what

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was stated in those treaties, with respect to which

the Government of Chile could not accept any
modification.

Mr. Walker Martínez believes that he should have

the minutes reflect that he voted for the law that
approved the treaties with Bolivia and even made an

effort to state its advantages, without any knowledge of
the protocol referred to above, and he would have asked

for explanations of it. The Minister mentioned a
telegram that said that the protocol existed; but the fact

is that the document was not presented to the Chamber
and that there was no way for the Chamber to take note

of it by means of a reference when five treaties were
presented that had to be reviewed in a short period of
time. If he had known about it he would have also

decided to put an end to a weak policy because this is
what the document signed with full authority by

Mr. Matta meant, as the document itself states.

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The last stipulation providing for handing over a
port to Bolivia that meets its present and future needs,
in the event that it cannot be given Tacna, Arica or

Vitor, hands us over completely to the will of that
country. Even though the Minister of the Interior has

stated that the Government did not agree to anything
beyond what was stipulated in the treaties, nobody

ignores that that there are protocols that have not been
ratified but that clarify the treaties and are incorporated

into them. The protocol signed by Mr. Matta leaves
open a serious question and obligations that weigh on
us morally. He finds this very serious and even though

he is not responsible for wh at has happened, he does
have the responsibility for his vote in favor of the

treaties. If he had known about the protocol referred to,
he would not have voted in favor.

Mr. Rengifo, the Minister of the Interior, believes

that the scope of the protocol signed in Sucre by Mr.
Matta is not broad. The first of its provisions refers to

combining the three treaties

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(treaty of peace, treaty of commerce and treaty of
territory transfer) into a single entity, for a very natural

reason: some are favorable to Bolivia while others are
not. Bolivia thus required that they be combined into a

single text because it was afraid that the Chilean
Congress would only accept what was favorable to us
and reject the rest. The s econd provision refers to the

action that Chile agrees to take so that the territories of
Tacna and Arica will come into its possession so that it

can hand them over to Bolivia. This does not contain
anything new because it is the basis for the negotiations

within the legitimate procedures established by the Pact
of Ancón. The third provision refers to the
establishment of a deadline for handing over the port

being offered to Bolivia. This clause and the one after it
have not been accepted by the Government and

Mr. Matta has been instructed to state that they do not
modify the treaties in any way. Moreover, since these

provisions do not state what will happen if Chile does
not obtain anything from Peru in order to hand over a
port to Bolivia, the desire was to put on record that not

only would the

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port be given, but also a strip of territory that

joins the current territory of Bolivia with the Pacific.
The Minister regrets that he cannot provide more
details, but he can assure the deputies that the terms of

the protocol give no reason to believe that there are new
commitments.

Mr. Felini considers the matter discussed by Mr.
Walker Martínez to be extremely grave, and in view of
this circumstance, he believes that the Chamber needs

explanations from the Minister of Foreign Affairs.
Therefore, he indicates that the Minister should be

respectfully requested, by means of an official letter, to
attend the meeting. In the meantime, the bill that has

been reported on could be dispatched.

Mr. Rengifo, the Minister of the Interior,
believes that the Ministers have a duty to attend the

meetings of the Houses of Congress, and feels that the
form of the call requested by Mr. Felini is threatening

to the position that they hold. Therefore, he believes
that it is his duty

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not to accept the procedure. The matter in question

could be postponed and the Minister of Foreign Affairs
would come to the meeting of the Chamber without any

need for a special request, which he cannot accept.

Mr. Felini modifies his statement such that a
session will be held at night. He had no intention of

offending the Minister of Foreign Affairs. But since the
condescension makes it clear that a wrong path is been

followed, he believes that it is his duty to express his
opinion that our foreign affairs have been managed

very poorly for quite some time.

It was tacitly agreed that the session on the
following day would be secret.

Mr. Bañados feels that the authorization
regarding the current account must be subject to
knowledge of the situation with respect to national

defense.

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Our international relations are becoming more
complicated and he believes that a letter-manifest from

the President of the Republic places Chile in a serious
situation. To vote on the bill being presented, he would

like to find out about the military situation and expects
the Minister of War to be present.

Mr. Walker Martínez says that he submits to

Mr. Bañados the idea of discussing the bill on the
current account right away because it has nothing to do

with any of the other matters, given that it is impossible
to borrow the money and therefore another method
must be used to obtain money. It is necessary to pay

what is owed, principally for armaments that have been
requested in the Chamber itself. Therefore, he believes

that the bill could be approved in general, with special
discussion to be held at the next meeting.

Mr. Rengifo says that there is no additional

information about armaments beyond what the
Chamber is already familiar with. It is indispensable to

have funds in Europe because the

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work on the ships has been stepped up
considerably, so that it will be necessary to pay

£ 1,000,000 in this six-month period.

…

372 Annex 22

At a few minutes to the hour, the meeting was
adjourned.

[signature]

Secretary

373374 Annex 23

Chamber of Deputies of Chile, Extraordinary Secret Session
No 34 of 17 January 1896 (extract)

(Original in Spanish, English translation)

Chile, Records of the Chamber of Deputies (1896)

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Chamber of Deputies

Extraordinary Secret Session 34
of 17 January 1896

Mr. Eduardo Videla, presiding.

The meeting was called to order at 3:40

p.m., with the following gentlemen in
attendance: Messrs. Alfonso, Balmaceda,

Bañados, Barrija, Boizard, Campino, Correa,

Corralán, Cruyat, Délano don Alfredo, Díaz,

Donoso, Edwards don Guillermo, Errázuriz,
don Ladislao and don Javier, Felini,

Fernández, Fisher, González don Juan A.,

Guzmán, Herboso, Hevia R., Ibañez, Infante,

Irarrázaval, Lamos, Mathieu, Matte don
Ricardo, Meecks, Mira, Montt, Mundt,

Ochagavia, Ortuzar, Ossa, Palacios, Pinto

Agüero, Pleitrado, Prieto don Manuel A.,

Robinet, Salinas, Sa nhueza, Scotts, Silva
Cruz,

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Soto, Tocornal, Urejola, Vásquez, Vergara,

Walker, Yañez and the Ministers of the

Interior, of Foreign Affairs, of Justice and

Public Education, of Finance, of War and the
Navy, and the Secretary.

The minutes of the secret session on the

previous day were read aloud and approved.

At the recommendation of Mr. Videla, who

was presiding, it was agreed to discuss in

particular the draft law on taking out a
current account in Europe, jointly with the

comments made about the status of our

international relations.

Mr. Barros Borgoño said that since Mr.

Guerrero, the Minister of Foreign Affairs,

had taken part in the signing of the contracts,

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he will answer the comments made at the

previous meeting about the protocol signed

in Sucre by Mr. Matta. But first, he would
like to make several general comments. As

he has already said, the Government felt that

it was indispensable to attract Bolivia by

establishing a clear and sincere
understanding with Bolivia that would

separate it from others and would remove it

as an element of annoyance for us. The best

way to achieve this was to meet the desires
that Bolivia had stated in 1884, when the

truce was negotiated, to have a port on the

Pacific, i.e., to provide it with advantages and

grant it real and positive concessions. The
time to satisfy that desire came and this is

what was done. Chile itself did not ignore

that a time would come when this would

have to happen, so in compliance with

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the Treaty of Ancón, it left the situation of

Tacna and Arica pending so that an

arrangement could be formed at the proper
time. The Government of Chile was faithful

in complying with the Treaty of Ancón and

could not make its arrangements with Bolivia

by handing over a portion of territory without
violating that pact. Therefore, it has taken

into account all these eventualities. If it could

not hand over Tacna and Arica, it would
hand over Vítor, which has been taken into

account because there is another arrangement

proposed to Peru. However, if this

arrangement fails, it will provide an
analogous bay; but since there is no talk of

the strip of land necessary for that port to be

united to the current Bolivian territory, a
school of thought contrary to the treaties

arose in Bolivia. Therefore, a clarifying

protocol became necessary. This protocol

sets forth the details of the unity of the
treaties

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and other points that do not change the

situation in any way. With regard to the

clause that has been commented upon by Mr.

Walker Martinez regarding the handover of a
bay that would meet Bolivia’s present and

future needs, a telegram arrived on December

11 from Mr. Matta indicating the clauses of

the protocol. The Government told him that it
would not accept the fourth clause because

its terms were vague. The original protocol

did not arrive until January 3. The Minister

read certain telegrams that substantiate his
assertions.

Mr. Walker Martinez said that if the

Chamber had been aware of the background
that has motivated the debate when it

discussed the treaties, a remedy to the

situation that it produced could have been

adopted.

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With respect to the issue of cession of a port,

the basis of his vote was an effort to seek

Bolivia’s friendship , but now there is a

protocol that the Government itself finds
dangerous. And the question becomes more

complicated with the statements of Peruvian

senior officials publicly expressing their

opinion that all sorts of sacrifices must be
made to recover Tacna and Arica. With

Clause 4 of the protocol signed by Mr. Matta,

the treaties are a dead le tter and it is time to

be frank. He does not know whether the
ratifications of the treaties have been

exchanged, but he thinks that the protocol

signed in Sucre should be rejected because

Clause 4 of it is not a clarification of the
treaties, but is instead a new feature. With

this clause, we are leaving

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the application of the treaties, in the

corresponding part, to the discretion of

Bolivia, without being able to resort to
arbitration in the event of difficulties. Above

all it is possible that once the credits for

which we are taking responsibility have been

paid, the port will have to be handed over,
and this will not satisfy Bolivia. The treaties

also state that they would be kept

confidential; nevertheless, the Government of
Bolivia has made them public. Mr. Walker

Martinez thinks that it is indispensable to

reject the protocol he has been discussing.

Mr. Barros Borgoño is pleased that the

Government’s opinion is the one that

dominates Bolivia and its representatives

here know that Chile will not do more than
what the treaties say; but since the issue of

the last protocol is outstanding, the exchange

of ratifications has been delayed.

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Mr. Robinet is pleased to have voted against

the treaties. He finds it serious that the

protocol signed in Sucre sets a deadline for
the handover of the port. As for the extension

of the zone, he points out that if we cannot

hand over Tacna, Bolivia (to whose opinion

the determination of the matter is left) will
demand an equal zone from us, i.e., two

degrees and a half, which would go so far as

to include the port of Pisagua. However, he
must add that Bolivia must believe that,

when we gave our appr oval to the treaties,

we were aware of the protocol being

commented upon, which will cause us
countless difficulties.

Mr. Banados states his frank satisfaction with

Mr. Barros Borgoñ o’s statements. The only
thing he can ask for is energy in complying

with these statements.

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The protocol signed by Mr. Matta makes the

treaties conditional and renders sterile the

sacrifices made to obtain Bolivia’s

friendship, among which we must include
our relationship with Peru, as indicated in the

speech made by its Vice-President, Mr.

Brillingsworth, who has corroborated what

Your Excellency has said at prior sessions,
regarding the fact that the issue of Tacna and

Arica is a question of national honor in Peru.

If we already have Peru against us, what is

going to happen with Bolivia when they find
out there that we have rejected the protocol?

We must consider the fact that the treaties

were approved precisely taking into

consideration the protocol that is being
rejected today, and clause 4 thereof in

particular. To verify this, he read a statement

by Mr. Quejano

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of the minority opposition. Given this

background, he believes that the situation is

worse than it was before the treaties were

approved. He also thinks that the clause
subordinating the cession of any territory to

the handover of the port is grave, because

two strips of land are subject to different

conditions: one (23 degrees south) was
claimed by Chile in 1879 because Bolivia

had violated the treaty of August 6, 1874,

which had in turn canceled the treaty of

1866, as was stated in the circular by the
Ministry of Foreign Affairs dated that same

month and year. Therefore the truce

agreement says that Chile will remain in
rd
control of the territory from the 23 degree
to the mouth of the Loa, without mentioning

those territories to the south claimed by us.

Therefore, it is not possible to merge the

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two territories into one clause. He must

emphasize the irregularity committed by

Bolivia when it published a protocol when
confidentiality had been stipulated. This is

yet another irregularity, in addition to the one

committed by signing a treaty with Chile

while at the same time handing over part of
our territory in the Puna of Atacama to

Argentina. He has confidence in the agitated

political climate and the energy of Mr.
Guererro and Barros Borgoño and expects

them to be frank. He thinks that since doubts

have arisen about a treaty as clear as the one

between Chile and Argentina, even greater
ones will arise from the unclear protocol

entered into with Bolivia. The questions will

come, and therefore, he thinks that we should
arm ourselves well, because when there is

awareness that we cannot be run over, the

solution will come without a war.

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Consequently he asks the Minister of War to

concentrate his entire attention and energy on

this point. As for the economic issue, he

wants to move away from the purpose that
was apparently given to it. For his part, he

has only expressed his opinion that the

money should be invested in armaments,

with priority over any other matter. He looks
forward to the Minister s’ responses to his

comments.

Mr. Felini draws attention to the fact that
incomplete data were brought before

Congress for the discussion of a matter as

serious as this discussion of the treaties with

Bolivia, which were to be approved by the
Chamber in view of two threats: the end of

the deadline for exchan ging ratifications and

a probable war with Argentina if the treaties

were rejected. The

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protocol communicated to us by the Bolivian

press leaves the solution of serious matters

completely up to Bolivia. And we were not

aware of that document because we were
only provided with telegrams that referred to

it and, furthermore, were not read. He has

reasons to believe that the Government was

aware of the text of the protocol, and that
when Mr. Matta signed it he had the approval

of his Government. He would like to have

this point cleared up completely. And in this

situation, if a protocol is not approved, it is
obvious that there is no treaty, and he cannot

be satisfied. Because the discussion of

international relations has been mixed in with

the discussion of the economic bill, he asks

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Mr. Guerrero, the Minister of Foreign

Affairs, to state his impression of the

situation of the Argentine Government in this

matter and whether any information about
the change in our expert have been received.

Mr. Ibañez thinks that the discussion is

appropriate because it will make definite

determinations on the matter after hearing
various points of view. He has been told that

attempts have been made to find out the

Argentine G overnment’s opinion on the

arbitration, which is rejected, and therefore,
Argentina is going to go ahead and cause a

conflict. With respect to Bolivia and Peru, we

are in a worse situation than before. He
thinks that in view of this grave situation, we

must first arm ourselves and then look for the

only country in which we can find an ally:

Brazil.

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He would like to know what has been done

about this point

Mr. Alfonso thinks that the Chamber is
overlooking something by attributing too

much importance to the protocol signed by

Mr. Matta. He agrees with the general

opinion that it is not good. The wording is
very vague but he does not think that it will

involve the enormous dangers discussed.

Regardless of the form of the clause being

challenged, it is logical to assume that its
enforcement should not be left up to the will

of only one of the parties, and even if it were,

once the issue was raised, the door would be

open to arbitration. On the other hand, we
must not become estranged from Bolivia

over a few words more or a few words less.

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The hour having sounded, the meeting was

adjourned following a minor discussion
about extending the meeting and the order of

discussion.

It was 6.5 p.m.

[signature]

Secretary

406 Annex 24

Agreement between Bolivia and Chile to Postpone the Exchange
of Instruments of Ratification for the Treaties signed on

18 May 1895 until 30 April 1896, signed at Santiago on
30 January 1896

(Spanish transcription, English translation, original in Spanish)

Bolivia, Ministry of Foreign Affairs, Treaties Archive, No 17

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No. 17

Reunidos en el Ministerio de Relacio nes Esteriores el Ministro del ramo,
Señor don Adolfo Guerrero, i el Enviado Estraordinario i Ministro Plenipotenciario de
Bolivia, señor don Heriberto Gutierrez, convi nieron en prorrogar hasta el 30 de abril

proximo el plazo, que vence hoi, dent ro del cual deberán ser canjeadas las
Ratificaciones de los Tratados de Mayo.

A fin de dejar constancia de esta resolución firmaron la presento acta en doble
ejemplar, en Santiago, a los 30 días del mes de Enero de 1896.

(firmado)

Adolfo Guerrero

(firmado)
H. Gutiérrez

408 Annex 24

No. 17

At a meeting in the Ministry of Foreign Affairs between the Minister of Foreign Affairs,

Mr. Adolfo Guerrero, and the Extraordinary Envo y and Minister Plenipotentiary of Bolivia,
Mr. Heriberto Gutiérrez, the two Ministers agreed to postpone until 30 April of this year the
deadline for exchanging the ratifications of the Treaties of May, which deadline had expired

today.

In witness whereof, they signed this agre ement, in two counterparts in Santiago, on
30 January 1896.

[signature]

Adolfo Guerrero

[signature]
H. Gutiérrez

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410 Annex 25

Letter from the Ministry of Foreign Affairs of Chile to Manuel

Salinas, Extraordinary Envoy and Minister Plenipotentiary of
Chile in Bolivia, 15 June 1897 (extract)

(Spanish transcription, English translation, original in Spanish)

Archives of the Ministry of Foreign Affairs of Chile

411Annex 25

AL SEÑOR MANUEL SALINAS, ENVIADO EXTRAORDINARIO Y MINISTRO
PLENIPOTENCIARIO DE CHILE EN BOLIVIA

Santiago junio 15 de 1897
Señor Ministro:

…

Antes de terminar debo hacer presente a V.S. que el Gobierno de Chile se ha impuesto
con sorpresa del acuerdo tomado por el Congreso de Bolivia en 7 de noviembre de 1896 al
aprobar el protocolo aclaratorio de 30 de ab ril del mismo año. Ese acuerdo que reviste todo el

carácter de una ley, puesto que lleva al pie de las firmas de los Presidentes y Secretarios del
Congreso el cúmplase y firma el Presidente de la Republica refrendada por la del Sr. Ministro de
Relaciones Esteriores, reserva al Poder Legislativo la facultad de decidir llegado el caso, si el

puerto y zona que Chile ofrezca eventualment e a Bolivia en cumplimiento de lo estipulado,
cumple o no con los requisitos de lo pactado en el Tratado de Transferencia de Territorios y en

los protocolos adicional y aclaratorio.

Los tratados son leyes que requieren la sanción legislativa según la Constitución de uno y
otro país; no asi la ejecución de los tratados quees del recorte esclusivo de los gobiernos y la
proposición de puerto y zona por parte de Chile y su aceptación o rechazo por parte de Bolivia

será la simple ejecución de lo pactado y corresponden esclusivamente a los gobiernos de Chile y
de Bolivia respectivamente.

Es peligroso entregar la ejecución de los pactos a asambleas políticas numerosas, en que

el sentimiento de la responsabilidad es vago como es natural que lo sea en colectividades, y en
que las pasiones e intereses de partido, para no mencionar otras móviles menos jenerosos,
pueden y suelen torcer el curso de la justicia y del evidente interés nacional. El Congreso había,

sin apartarse de la corrección constitucional y del derecho internacional, tenido siempre medio
eficaz de hacer valer su influencia cerca de l Gobierno de Bolivia cuando hubiera llegado para

este el caso de decidir acerca de la proposici ón de puerto y zona que Ch ile le hiciera, poniendo
en pratica alguno de los múltiples recursos parlam entarios aplicables al efecto, sin exceptuar el
de interpelación. – No disimulare V.S. que la ex istencia de ese acuerdo o ley del Congreso de

Bolivia ha producido mala impresión en la comisión de Gobi erno del Senado de Chile, y que es
de temerse que no la produzca favorable en el ánimo del Senado mismo, ni en el de la Camara de
Diputados – La derogación favorecería indudablem ente en una y otra la aprobación de los

protocolos de 9 de diciembre de 1895 y 30 de abril de 1896 de cuya sanción depende la validez o
nulidad de los tratados Chilenos-Bolivianos de Paz y Amistad, de Comercio y de Transferencia
de Territorios de 18 y 28 de mayo de 1895. – Deja a este Departamento la apreciación de V.S. la

conveniencia y si, a su juicio, la hubiere la oportunidad, de iniciar gestión en este sentido.

(Firmado)

412 Annex 25

TO MR MANUEL SALINAS EXTRAORDINARY ENVOY AND MINISTER
PLENIPOTENTIARY OF CHILE IN BOLIVIA

Santiago, 15 June 1897

Dear Minister:
…
To conclude, I must inform Your Excelle ncy that the Government of Chile has

reacted with surprise to the agreement undertaken by the Congress of Bolivia on
7 November 1896, when it approved the expl anatory protocol of 30 April, 1896. This

agreement, which has all the character of a law, since it bears at the foot the signatures of
the Presidents and Secretaries of the Congress, the expression “Be it complied with”, and
the signature of President of the Republic, e ndorsed by the Ministry of Foreign Affairs,

reserves to the Legislative Power the power to decide, in due course, whether the port and
zone that Chile eventually offers to Bolivia in fulfilment of the provision, meet the
conditions of the Treaty on Transfer of Territo ries and the supplementary and explanatory

protocols.

Treaties are laws which call for legisla tive sanction, according to the Constitutions
of both countries; this does not apply to the exec ution of treaties, which is exclusively left

to the Governments, and the proposal by Chile of a port and zone, and its acceptance or
rejection by Bolivia, constitutes simply the execution of the agreement, which is
exclusively left to the Governments of Chile and Bolivia, respectively.

It is dangerous to leave the execution of the Treaties to large political assemblies,
where the sense of responsibility is vague, as naturally occurs in groups, and where the
passions and interests of the party, not tomention other less generous motives, may and

often do divert the course of justice and the evident national interests. Congress always had,
without departing from the cons titution and international law, ef ficient means of asserting
its influence on the Bolivian Government when the time comes for the latter to make a

decision on the proposal of a port and zone by Chile, implementing some of the multiple
parliamentary resources applicable to this end, including that of formal inquiry. – I will not

deny, Your Excellency, that the existence of that agreement or law of the Bolivian
Congress has made a negative impression on th e Government Commission of the Chilean
Senate, and that it may well make a negative impression on the Senate itself or on the

House of Representatives. – Its repeal woul d undoubtedly facilitate the approval, in both
chambers, of the protocols of 9 December, 1895 and 30 April, 1896; the validity or nullity
of the Chilean-Bolivian Treaties on Peace and Amity, on Trade and on Transfer of

Territories dated 18 and 28 May, 1895 depend on th is approval. This Department leaves to
Your Excellency’s discretion, if you deem it appropriate, and, if the opportunity arises, to
initiate negotiations in this regard.

[signature]

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432 Annex 26

Despatch from George H Bridgman, Legation of the United

States in Bolivia, to John Hay, Secretary of State of the United
States, No 214, 2 July 1900, enclosing a memorandum from the
Minister of Foreign Affairs of Bolivia dated 30 June 1900

(English transcription, original in English)
United States, National Archives and Records Administration, Record Group 84,
Volume 6, pp 382-387

433Annex 26

N°.214.
Legation of the United States
La Paz Bolivia July 2nd. 1900

To the Honorable

John Hay
Secretary of State
Washington. D.C.

Sir

I have the honor to enclose, at the request of the Bolivian Government, translation of
a detailed statement from the pen of the Minister of Foreign Relations, touching upon the
present question of Bolivia’s sea coast, usurped by Chile.

I understand copies of this document have also been forwarded to England,
Argentine Republic and Peru.

I have the honour to be Sir,

Your obedient servant.
George H. Bridgman.

Enclosure in Despatch N°.214.

Memorandum which will be sent to all the Diplomatic Ministers of Bolivia.
Actual importance of the Bolivian sea coast.

The Bolivian sea coast whose definite annexation is engaging the Republic of Chile,
examined under the geographical, commercial and industrial points of view has at present
the following importance.

Its surface comprehends 158,000 square kilometers.

Its population is above 32,000 inhabitants.

Has four sea ports named Tocopilla, Antofagasta, Cobija and Mejillones. This last one has a
beautiful bay which can lodge a war navy. Has seven coves named Gatico, Guanillas, James,
Michilla, Gualaguala, Cobre and Paquica or San Francisco.

Its fiscal incomes during the year 1899 reached to $6,839,209.91.

The municipal incomes ଟ 234,416.15

Total $7,073,626.06

434 Annex 26

The industrial and urban and other pursuits located on the Bolivian sea coast, are

valued at $40,000,000. In all this zone there are mines of silver, copper, borax, sulpher, salt,
gold and salt-petere; especially in Tocopilla very rich salt-petere deposits exist; also in Toco
which gives to the Government as a tax the great annual income of $5,545,098.83[.]

The Fiscal and Municipal incomes during the present year are calculated at

$7,500,000.00[.] Chile, during the 20 years elapsed since the war, has received the following
incomes: (from the above named ports.)

During the first 10 years at 3½ millions per year $35,000,000.00

During the last 10 years at 6½ millions ଟ▯65,000,000.00

Total $100,000,000.00

The Bolivian sea coast under these conditions with its riches and its income has been
estimated by the same Chilian Governments, geographical, financial and industrial agents as
of more than $100,000,000.00 value.

Bases proposed reciprocally between Bolivia and Chile for a definite treaty.

Bases of the Chilian Minister.

The Chilian Minister offers to Bolivia.

I. A free port for its commerce which really amounts to the free transit which is a right
recognized by all Nations; therefore, this condition cannot be taken as a concession.

II. To pay the obligations due from Bolivian sea coast which as a charge on these
territories should be assumed by the Country holding them.

III. To pay the credits recognized in favour of the Chilian mining enterprises as an
indemnization for damages caused by Bo livian military occupati on. This condition as a

concession to Bolivia is to the exclusive advantage of Chile, Chilians being the creditors.
d
IV. To pay to Bolivia $6,000,000 Chilian dollars which at the present exchange of 16 . in
Chile and 22 d. in Bolivia amounts to B .4363,636.36.

Under these conditions, and calculatin g $8,000,000.00 as the credits above named,

the proposed treaty by Chile is equal to appropriating a vasue of $100,000,000 of Bolivianos,
which is the value of the Bolivian sea coast, for B .12,363,636.00, the same being the
income of a year and a half from the said sea coast.

It is also advised that the amount offered be invested as cash, to contract a railway

which shall be built in Chilian territory, from the coast to the Bolivian frontier.

Bases proposed by Bolivia.

I. To grant to Chile all the Bolivian sea coast above described.

435Annex 26

II. To renounce the $6,000,000 which has been offered by Chile.

Bolivia demands in exchange:

I. That Chile will pay the credits already mentioned which more or less amount to
8,000,000.

II. That on the Pacific a zone of territory be granted with an extension of 20,000 square
kilometers at least, dry, and with a populati on of 3,000 inhabitants at least, this will not

amount to not more than $4,000,000. Neither for Chile nor for Peru will this concession be a
sacrifice because they both have an immense coast line.

III. To have her complete liberty to arrang e custom houses and to tax the natural and
manufactured products of Chile in accordance to their wishes. To grant fully the free transit

for the other ports located on the Bolivian sea coast. This concession in fact is only the
recognition of a right which the Nations enjoy to govern their custom houses, and to tax their
importations and exportations. A treaty under these bases will amount to this, that Chile will
gain by exchange $100,000,000 for $12,000,000.

A sea port is necessary for Bolivia.

I. In order to maintain her independence and her free and direct political and
commercial communication with the civilized Countries, and especially with the United
Stated, England[,] France and Germany.

s
s Its actual commerce of importation amounts to B .13,000,000, and the exportation to
B .27,365,746 in silver, gold, tin, copper, bism uth, volfran, antimony, rubber or cauchu,
coffee, cocoa, hides and several other articles.

She wishes to bind her commercial relations with the United States on the Pacific
side, and by the rivers Amazon and Paraguay, in order to attract American capital, which can

be usefully and profitable invested.

II. Bolivia needs a sea port in order to create and increase her credit with the capitalists.

At present she wishes to encourage the construction of railways and the development
of her different rubber fields and the numberless silver, gold and tin mines.

During the last year through the ports on the Pacific, and through the Acre, Villa-
Bella and Paraguay 3,150,955 kilos of rubber were exported, and the present production will
easily be doubled if there could be capital and labour sifficient.

On the East, and having the river Paraguay for its exportation, the following

industries can be established:

To raise cattle and horses on a great scale

436 Annex 26

To cultivate the cocoa, coffee, sugar-cane, indigo, rice[,] tobacco, Peruvian bark, cotton, etc.
etc.

To work the gold mines of Chiquitos, Santa Rosa and San Simoa.

III. In order to modify their commercia l and custom house relations with the
neighbouring countries, resting on the independence which a sea port will give.

IV. In order to avoid smuggling, and facilitate the collection of custom house duties;

otherwise she will have to create Custom houses in each city with the difficulty of regulating
goods in transit; or she will be forced to es tablish Custom houses in Chilian territories and
under the dependence of Chilian authorities.

V. Finally, Bolivia renouncing its former sea coast, has the right to a sea port on the

Pacific, as all the other South American Republics.

New questions and attempts of usurpation.

The boundary line between Chile and Bolivia is through an extensive territory from
the 18° longitudinal degree to the 23°.

In all this line the Chilian industrials prot ected by their Government have begun to
intrude on Bolivia and especially in the following regions:

I. On lake Ascotan a dry bed which has been entirely appropriated for the deposits of
borax which the lake contains; however, by the treaty of truce the division line ought to pass

through the centre of the lake, leaving one half for Bolivia and the other for Chile.

II. Attempts to take all of the borax depos its of Pocopoconi and the sulphur deposits,
which are on the frontear of the County of Llica.

III. Usurpation of the borax deposits of Lake Chilcaya over a surface of 108,000,000
s
square meters, amounting in value to B .2,160,000 at two cents the square meter.

Peruvian territory.

From Peruvian territory Chile has taken under war indemnities, the Provinces of
Tacna and Arica and Tarapaca, from which ports it can be estimated that from 1880 to 1900

Chile has received as an average the following incomes:
s
For the first 10 years at 45,000,000 per annum B .450,000,000.00

For the second 10 years at 50,000,000 ଟ▯▯▯▯ଟ ଟ 500,000,000.00
Total B .950,000,000.00

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Diplomatic conduct of Chile.

The Pacific war was provoked by their c onstant advances upon and pretensions over
the Bolivian territory. These unprovoked invasions of Chile gave to Peru and Bolivia a
distinct international right to raise questions and discussions of protest.

The territories and incomes appropriated by Chile after the war amounted to one
hundred times more than justice would entitle them to.

By the aid of these incomes of 20 years past, Chile relying upon its armed militia and
marine powers has assumed defi nite possession of the Bolivian sea coast, and of the
Provinces of Tacna and Arica, disregarding the stipulations made and existing, and the Code
of International law.

The asalt to Bolivia is to restrain and deprive her from commerce privileges on the

Pacific coast, making her subordinate to (Chile) Bolivia’s great detriment, and as regards her
maintaining commerce with other nations.

Chile in its diplomatic conducts consults exclusively its own convenience, relying on
its armed force. This conduct violets the principal of International Law, and, the sentiments
of American brotherhood.

Therefore, mediation by some friendly power seems necessary in order to rightfully
adjust the questions on the Pacific side.

La Paz Bolivia June 30/1900

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Note from Abraham König, Minister Plenipotentiary of Chile in

Bolivia, to Eliodoro Villazón, Minister of Foreign Affairs of
Bolivia, 13 August 1900

(Original in Spanish, English translation)

Original submitted by Bolivia as Annex 39 to its Memorial

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446 Annex 27

La Paz, 13 August 1900

Mr. Minister:

Through your Excellency I know the decision of the Bolivian Government to leave to the
National Congress the study and resolution of our proposals for settleme nt, and in order to
facilitate both things I have the honor to put in Your Excellency’s hands the present note

which contains a careful explanation of the final bases for peace accepted by my Government.

Since these bases are to be submitted to the judgment of the Bolivian Congress, I have
deemed it useful that the representatives of the people should have a full knowledge of its text
and the reasons which justify it.

In compliance with the instructions from my Government, and starting from the antecedent

accepted by both countries, that the old Bolivian littoral is and shall always remain Chilean. I
have the honor to present to Y our Excellency the following bases for a treaty of peace and
amity.

The Government of Chile will be willing, in order to conclude a Treaty of Peace with Bolivia,
to grant, in exchange for the definitive cession of the Bolivian littoral, which today we are

occupying by virtue of the Pact of Truce, the following compensations:

a) To take charge of and to bind themselves to the payment of the obligations contracted by
the Bolivian Government in favor of the mining Companies of Huanchaca, Corocoro and
Oruro, and of the balance of the Bolivian loan raised in Chile in 1867, after deducting such

amounts which have been credited on that account, in accordance with Article VI of the Pact
of Truce.

Chile could also satisfy the following liabilities affecting the Bolivian littoral; that which
corresponds to the bonds issued for the c onstruction of the ra ilway from Mejillones to

Caracoles; the liability in favor of Mr. Pedro Lopez Gama actu ally represented by the house
of Alsop & Co from Valparaiso, that of Mr. Enríque Meiggs represented by Mr. Eduardo
Squire, proceeding from the contract the formerconcluded with the Government of Bolivia on

20 May 1867, about the lease of the fiscal nitrate beds of Toco;

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and the one recognized in favor of the family of Mr. Juan Garday. These liabilities will be the
object of a particular liquidation and of a detailed specification in a supplementary protocol.

b) An amount of money to be fixed by mutual agreement between both governments, to be

invested in the construction of a railway which shall either connect any port on our coast with
Bolivia, or be the prolongation of the present Oruro Railway.

In the judgment of the undersigned, this amount must not exceed six millions pesos and the
determination of the starting and terminal point s as well as the plans and other conditions of
the railway to be resolved by mutual agreement between both governments.

c) The port selected as the starting point of this railway shall be declared free for the products

and merchandise shipped throug h it in transit to Bolivia, and for the Bolivian products and
merchandise exported through the same.

In the several conferences I had with Your Excellency, while analyzing the foregoing bases,
Your Excellency informed me that in his j udgment the offers advanced were not enough

compensation for the Bolivian littoral, and that Bolivia needed a port and absolute
commercial freedom. The Bolivian Governme nt regards the Pact of Truce, which
exceptionally favors Chilean commerce, as burden some to Bolivia, and that it has given rise

to claims on the part of European powers. Boliv ia aspires to her commercial independence as
a consequence of her political independence, and wishes to remain at liberty to reject the
treaties which are detrimental and to conclude others that are convenient to her, this not being

meant as a hostile feeling against Chile, as it is understood that thereafter Bolivia shall grant
Chile the commercial franchises granted to other nations.

Several days after this, and as the natural result of the conferences, Your Excellency
communicated to me the propositions agreed to by the Government, which are the following:

“The Government of Chile takes charge of the obligations contracted by Bolivia with the

mining enterprises of Huanchaca, Corocoro an d Oruro, and the balance of the Bolivian loan
which corresponds to the bonds issued for the construction of the railway from Mejillones to
Caracoles; the liability in favor of Mr. Pedro Lopez Gama; that of Mr. Enríque Meiggs,

proceeding from the contract concluded with Bo livia in 1867, about the lease of the fiscal
nitrate beds of Toco and the one recognized in favor of the family of Mr. Juan Garday.

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“The Government of Chile bind themselves to grant to Bolivia, from Chile’s possessions on
the Pacific Coast, perpetual control over a zone of territory embracing one of the ports at
present known, said zone to be situated at the northern extremity of said possessions, and to

extend to the Bolivian frontier.

“Commercial relations shall continue between both states . Hereafter each nation, consulting
its own convenience, may either levy upon or decl are free of fiscal and municipal duties the
natural and manufactured products the other may import.

“Foreign merchandise imported into Bolivia through any of the Chilean ports, and the natural

and manufactured products exported abroad thr ough the same ports, shall enjoy freedom of
transit.

“In exchange for these terms, the Government of Bolivia is ready to conclude the Treaty of
Peace which shall insure the definite cession of the Bolivian littoral occupied by Chile.”

In the foregoing bases the offer of six million pesos devoted to the construction of a railway is
not taken into consideration. This amount is not to be despised, and I may repeat here to Your

Excellency what I have already had occasion to imply several times, that my Government
would be willing to increase it if their propositio ns for a settlement were accepted. Neither is

mention made of the concession of a free port, which is entirely favorable to the commerce of
Bolivia.

The bases of the Bolivian Department having been submitted to the consideration of my
Government, there was no obstacle to accept the two clauses referring to commercial

freedom.
It is understood that Chile shall remain subject to the same conditions of the powers that may

hereafter conclude commercial treaties with Bolivia.

Your Excellency will admit that this explanation does not signify any concession granted to
my country. The commercial freedom of Bolivia , in a treaty concluded with Chile, does not
involve the idea of hostility. It would be inconsistent for my country to negotiate a convention

detrimental to its commerce.

Your Excellency also repeated to me that if Bolivia labors to obtain absolute commercial
freedom, it is by reason of her independence as a nation, and also with the object to reject
treaties that have in the course of time become burdensome.

As my Government is animated by the best intentions, there has been no difficulty in

accepting these clauses of commercial freedom, thusgiving a plain proof of their desire to end
sometime our differences and to endeavor to develop Bolivian commerce.

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Chile renounces the positive advantages set down in the Pact of Truce and in the Protocol
supplementary to said Pact which favor their trade, in order to obtain a peace stable and

beneficial for both countries. Hereafter it (Chile) shall not enjoy any other commercial
franchises than those Bolivia may be pleased to grant other powers. In other words, Chile
makes a great concession to Bolivia.

From this comparative study it appears that the only existing difficulty which prevents an

arrangement demanded emphatically by both Ch ileans and Bolivians is the second of the
bases proposed by the Government of Bolivia.

In deference, perhaps, to opinions of other times, Your Excellency states as an aspiration of
the Bolivian people, that of possessing in perpetuity “a zone of territory embracing one of the

ports known at present”. This zone must be situ ated at the northern extremity of the Chilean
possessions, and shall extend to the Bolivian frontier.

This is a demand doubly difficult and almost impossible to grant.

Where could we find, Mr. Minister, a zone and a port to correspond exactly with the
conditions so precisely stated in the quoted clause?

Our coast reaches on the north to the Camarones Creek, in conformity with the Treaty of
Peace concluded with Peru. It has been known and understood that Bolivia neither pretends to

have a zone nor a port in the territory of her old littoral, I cannot see, in truth, where could we
give Bolivia what is asked for.

There could not be a Chilean capable of signing a Treaty of Peace embodying such a clause.
From the Camarones Creek south to the Straits of Magellan all the towns are Chilean,

genuinely Chilean, formed, developed, and maintained by our native citizens, with the capital,
the sweat, and the labors of the Chilean people. In those towns, even including the old littoral
of Bolivia, there are almost no Bolivians. To grant, then, a belt and a port in those places

would be to deliver to a foreign nation thousa nds of Chilean families, and this in the full
enjoyment of peace, simply as a gracious condescension.

Bolivia would assume a hostile and not a peaceful and tranquil attitude by the mere fact of
maintaining such inconsiderate pretensions.

Even in 1884, during the conferences held in Sa ntiago between the Ministers Plenipotentiary

of Bolivia and the Minister of Foreign Affairs of Chile, resulting in the Pact of Truce, this
point was considered and withdrawn by consent of the Bolivian representatives themselves.

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It was then agreed that an outlet to the Paci fic that would amount to an interruption in the
continuity of the Chilean territory is inadmissible by reason of its nature itself.

Not very long ago, in 1890, the Extraordinary Envoy and Minister Plenipotentiary of Bolivia

in Chile in a communication dated April 29 of th e same year, addressed to our Minister of
Foreign Affairs, does recognize that which the Bolivian Plenipotentiaries had acknowledged
in 1884, ie, that by reason of its nature itself it is inadmissible to claim a zone of territory that

would amount to an interruption in the continuity of the territory of the Republic.
I believe, therefore, that Your Excellency did not have in mind the territory extending south of

the Camarones Creek, instead his attention was fixed in the provinces extending north of the
aforesaid boundary.

It is true that by the Treaty on Territorial Transfer, signed on 18 May 1895, it was
conditionally established that “if in consequence of the plebiscite which is to be held in

conformity with the Treaty of Ancón, or by vi rtue of direct arrangements, the Republic of
Chile should acquire permanent dominion and sovereignty over the territories of Tacna and

Arica, it (the Republic of Chile) binds itself to transfer the same to the Republic of Bolivia, in
the same form and with the same extension as acquired, without detriment to the provision of
Art. II.” But, Your Excellency knows that this condition has not been fulfilled, and that this

lack of compliance cannot be attributed to the Government of Chile.
At the present moment – and this is the most important fact – the Re public of Chile has not

yet acquired permanent dominion and sovereignt y over the territory of Tacna and Arica. To
lay the foundations of a Treaty of Peace upon an event that has not taken place partly

dependent from another’s will, would be to make a flimsy and perishable work to create
difficulties instead of ending them, to fall again in the same error committed in 1895.

It would be a laborious task to investigat e minutely the causes that have held back
Constitutional approval of the tr eaties of 1895. But Your Excellenc y must not forget that the

Additional Protocol of 9 December 1895, and that explanatory to this one, dated 30 April
1895 [sic] have not been strangers to this. Said pr otocols, especially the former, embodying
Bolivian claims made at the last moment, form with the Treaties a single body in such manner

that the failure of its approval is equivalent to a disagreement over a fundamental basis,
making ineffective all the treaties of 1895.

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The wording of the treaties and protocols; the simple perusal of said documents, will clearly
demonstrate the good will of the Chilean Gove rnment. It was then plainly shown the keen

desire Chile had to gain and maintain the good friendship of Bolivia, as by granting her the
richest portions of the provinces of Tacna and Arica, any impartia l mind must acknowledge
that it (Chile) acted with extreme generosity.

Unfortunately, said pacts have not been perfected, the stipulated condition has not been

fulfilled. These were premature, still-born pacts.
The plebiscite mentioned in the Treaty of An cón not having taken place, they (Bolivian

Plenipotentiaries) requested an outlet to the Pa cific and believed that they could obtain it at
the northern extremity of the territory temporarily ceded by Peru. The Minister of Foreign

Relations of Chile formally refused this demand. In his judgement, this demand was not even
within the sphere of action and authority of the Government. Chile has not acquired the
control of those territories, but merely an expectation subject to the terms and conditions

stipulated by the Treaty of Ancón. It is not the owner as yet, and must not act as if it were.

We may repeat today the same concepts. The plebiscite has not taken place as yet; it is not
possible to conclude tr eaties taking as a basis events th at have not taken place and are
dependent on another’s will.

The Government and people of Chile are earnestly interested that the plebiscite should take
place as soon as possible; and th e Government and the people desi re that this act should take

place under such conditions as would satisfy the legitimate aspirations of the nation. When the
time comes for it to take place, we confidently expect that the plebiscite will be favorable to

Chile.
Your Excellency knows that public opinion in my country has been notably modified since

the last days of 1895. We do not think today as we did in years past.

A matter worthy of meditation on the part of th e statesmen of Bolivia is why a judicious and
justice-loving people such as Chile has in regard to Tacna and Arica uniform ideas very
different from those publicly expressed in May 1895.

To be as plain as international affairs demand it at times, it must be stated that Bolivia cannot

count upon the transfer of Tacna and Arica, even if the plebiscite be favorable to Chile. The
Chilean people, with a uniformity which is sel dom seen in other nati ons, has made manifest
their will to preserve those territories as a just compensation for the sacrifices of all kinds

imposed on the country.

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There has been no obstacle to grant a zone north of Arica, that is to say, at the northern
extremity of the Chilean possessions on the Pacific, thus conforming with the letter of the

second clause of the proposals of the Bolivia n Government. Nature, however, opposes this
good will on our part. North of Arica, there is no port, not even a fair cove: from Arica to

Sama the coast is rough and almost unapproachable.
After what has been said the conclusion imposes itself forcibly. Chile does not accept the

cession of the zone and port demanded by Boli via, because, notwithstanding its (Chile’s)
good intentions it finds itself unable to satisfy such demand. There is no port to grant. South
of Camarones all the ports are Chilean, inhabited almost solely by Chilean citizens; moreover,

the cession of a zone in any latitude will result in the division of our country; the control of
the territories of Tacna and Arica could not be maintained without the possession and control

of said port. In the north of Arica the visi on is exhausted following the sinuosity of an
inhospitable coast.

Even in the case that my country was eagerly desirous to satisfy the aspirations of Bolivia, she
would not know what to do. We are forced, ther efore, to lay aside this demand which comes

to prevent an amicable understanding between the two countries.
It would not be amiss to ques tion here, Mr. Minister, whether Bolivia has an imperative need

of a port on the Pacific.

I would be bold to answer in the negative.

There are several considerations adduced in supp ort of the cession of a port, but all may be
condensed in the following language employed in a most important governmental document:
“No agreement has been reached (with Chile) be cause of the refusal to the very legitimate

demand of Bolivia, that in compensation for its valuable littoral the control of the port be
granted, at least for its free and independent communication with the other States of the
civilized world.”

The legitimate demand for a port is based on Bolivia’s wish to ensure its free and independent

communication with the world.
In such case, one could think that Bolivia la cks its free and independent communication, or

that at least the Government of Chile in some manner hinders the freedom of its (Bolivia’s)
communications. Your Excellency knows, however, that neither one or the other case is true.

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The public, positive, and incontestable fact is that the Government and people of Bolivia are

in possession of the most absolute freedom an d independence for their communications of all
kinds. The Government and pe ople of Chile are found in the same situation as the
Government and people of Bolivia.

I am convinced that a port of her own shall add nothing to the commerce or power of Bolivia.

During peace, Bolivia will export her products through Chilean ports, especially through

Antofagasta and Arica, which shall be terminals of railway lines, and consequently free ports.
Bolivia will have at both ports her customs officers, exclusively dependent on the authorities
of their own country. Currently, in Antofagast a there are Chilean and Bolivian officials

discharging their duties at the customs-house of said port with positive advantages for Bolivia
and without any difficulties whatsoever.

Should Bolivia later on intend to contract a loan in Europe, giving as a guarantee her custom
revenues, it would not certainly be an obstacle to this operation the fact that the custom

receipts of Bolivia set aside for the payment of said loan are collected at a Chilean port,
because, fortunately, the credit of my country generally enjoys a solid and well-merited
reputation in the world.

What interests most this nation are roads, railroads above all, which place her in

communication with Chilean ports. Cheap freight rates, transit facilities; this is important and
vital to prosperity during peace.

In time of war, the Chilean forces would take possession of the only Bolivian port as easily as
they occupied all the ports on the littoral of Bolivia in 1879.

This is not a proud boast, because all those w ho are acquainted with the resources of my
country know that her offensive power has incr eased a hundred-fold in the last twenty years.

If all the aforesaid is true, it must be confesse d, Mr. Minister, that a port of her own is not
indispensable, and its acquisition will not increase Bolivia’s power, neither in time of peace

nor in time of war.
And if the control of a narrow strip of territo ry or of a port which in no way would increase

the productive and war powers of the nation is the only obstacle we find to sign a treaty of
peace, is it not natural that the patriotic and well-inspired minds should lay aside such

pretensions and search for other means to arrive to a convenient solution?
To maintain the demand for a port leads only to the unknown. The present situation,

precarious and full of danger as it is now, will become aggravated. To abandon it facilitates an
agreement between the two countries, removing the only obstacle in the way to the conclusion
of the Treaty of Peace.

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In such delicate matters it is necessary to judge with a sober, not a passionate, mind; to forget
preconceived ideas and to see things as they are and not as they could have been.

A statesman must look ahead beyond the day of tomorrow.

It is typical of vulgar politicians to cling to an idea in harmony with the prevailing public
sentiment, because by doing this there is no need of observing, studying, and much less

combating, to let themselves be carried along is more than enough.

I would wish Mr. Minister, that a person as learned, intelligent and keen as Your Excellency
would abandon the easy and beaten path and unde rtake to investigate whether to obtain the
good and everlasting friendship of Chile is more important to Bolivia than a narrow strip of

arid territory containing a port.

One moment’s thought will lead to this conclusi on: That the friendship of Chile may in large
measure be profitable to Bolivia, while the stra ined relations between the two countries will
not give the same result to her. Any thinking mind would be inclined to think that the

statesmen of this country would not hesitate making this choice.

For many years my country has wished to exchange the Pact of Truce for a Treaty of Peace
and settle in a final manner all her differences with Bolivia. Chile wishes to devote herself to
work quietly and without misgivings, and aspi res, as it is natural, to an honorable and

permanent peace advantageous to both countries . A series of events, some of them very
disagreeable, have demonstrated to it (Chile) besides, that there is an absolute necessity to end
as soon as possible these difficulties between neighbors.

We cannot wait any longer, the Government a nd people of Chile believe that they have

patiently waited.
To our mind the bases proposed by Chile are equ itable, the only compatible with the present

situation. It would be a real misfortune that the Bolivian Congress should deem it otherwise.

It is a widespread error, daily reasserted both by the press and in the street, to affirm that
Bolivia has the right to demand a port as compensation for her littoral.

It is not so, Chile has occupied the littoral and taken possession of it by the same right
Germany annexed to the Empire Alsace and Lorraine, by the same right the United States of

America have taken Puerto Rico. Our rights are the outcome of victory, the supreme law of
nations.

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That the littoral is rich and worth many milli ons, that we already know. We keep it because it
is valuable; should it not be valuable, then there would be no interest in keeping it.

At the termination of a war the victorious nation imposes her conditions and demands the

payment of the expenses incurred. Bolivia was vanquished, had no means to pay, and
surrendered her littoral.

The surrender is indefinite, for an indefinite period. It is stated in the Pact of Truce. It was an
absolute, unconditional surrender in perpetuity.

Chile therefore, owes nothing, is bound to nothing, and much less to the cession of a zone of
land and a port.

And, therefore, the bases for peace proposed a nd accepted by my Government, amounting to

large concessions to Bolivia, must not only be considered as equitable but as generous as well.
It is to be hoped that the members of Congre ss, deputies and senators, knowing their country

and wishing for its welfare, should act in that elevated and justice-dealing spirit necessary to
bring to a close all pending difficulties.

Being confident that upon taking a final reso lution on this grave matter, which will be
inspired by both the well-understood interests of Bolivia and the kind w illingness of Chile, it

is particularly gratifying to me Mr. Minister to state here the cordiality which has inspired the
negotiations I have had the honor to conduct with Your Excellency, and the elevated spirit

shown in the discussions to which they have given occasion.
I avail myself of the opportunity to renew to Your Excellency the sentiments of my highest

consideration and particular esteem.

Abraham König

465466 Annex 28

Report of Eliodoro Villazón, Minister of Foreign Affairs of

Bolivia, to the Bolivian Congress, 20 August 1900 (extracts)

(Original in Spanish, English translation)

Bolivia, Ministry of Foreign Affairs, Report of the Minister of Foreign Affairs to the
Ordinary Congress (1900), pp 22-24

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…

Consequently, it is in the best interest of both States to set out the issues emerging

from the War of the Pacific, in a way that would ensure peace and good relations of

amity and commerce. For this purpose, the Treaties of May 1895 and the

Supplementary Protocols of 9 December 1895 and 30 April 1896 were entered into.
The diplomatic representatives of Chile, especially Mr. Salinas, promised that

their Ministry of Foreign Affairs woul d advise the Legislature to approve these

protocols.

Five years have gone by and the pacts have been abandoned and forgotten.
Bolivia, in exchange for its precious littoral, had proposed the most equitable

conditions, one of them, the principal onebeing to be granted a port on the Pacific

capable of satisfying its commercial needs. This condition was of vital importance:
Bolivia has a right to political, commercial and customs-related independence.

However, a long and sad experience has taught Bolivia that such right will not be

granted and that it will be subject to the w ill of its neighboring countries if it does not

preserve free communication with other States of the world.

Recently, the Chilean nation has pronounced against this legitimate request and
has declared, through all means of publicity, that it will not surrender an inch of

territory on the coast to Bolivia.

…

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472 Annex 29

Note from Eliodoro Villazόn, Minister of Foreign Affairs of
Bolivia, to Abraham König, Minister Plenipotentiary of Chile in
Bolivia, No 25, 15 October 1900

(Original in Spanish, English translation)

Original submitted by Bolivia as Annex 40 to its Memorial

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Ministry of Foreign Affairs and Worship, La Paz, 15 October 1900

Dear Minister,

I have had the honor to receive your very important communication of 13 August
last, wherein Your Excellency is pleased to explain the bases of peace between Bolivia and

Chile accepted by your Government. Having informed Congress of those bases and

negotiations, Your Excellency has deemed it expedient to submit to me a memorandum of
the reasons in their justification, so that the representatives of the people may have a

thorough knowledge of their meaning and advantages.

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Complying with the greatest pleasure with the suggestion of Your Excellency, I have

submitted said communication for the consideration of Congress.

My reply could have ended here; but as Your Excellency has invariably impugned

the motives in which my Government found su pport to insist that a port and a zone of

territory on the Pacific be granted to Bolivia, I also believe that my imperative duty is to
explain on this occasion the reasons in justification of this legitimate demand.

We are in agreement that this [issue] is the only difficulty which prevents an

arrangement between both Republics. Your Exce llency finds strange that I should not have
taken into consideration the offer of six million pesos, in exchange, destined to the

construction of a railway, an amount that your G overnment is disposed to increase, if their

propositions were accepted. It is also found strange that no mention was made of the

concession of a free port entirely favorable to Bolivia.

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These conditions have been taken into consideration solely because a zone of territory
and an existing port, the value of which woul d be more or less e quivalent, have been

provided as alternatives. It was thus that my Government chose a port of their own on the

Pacific, instead of money and a free port, beca use they felt that a port would offer Bolivia

invaluable advantages, superior to any pecuni ary indemnification, no matter how large this
would be.

As regards the substance of the communication, allow me to express my opinion as to

the bases proposed by Your Exce llency and qualified as “great concessions”. We differ in
opinion. These great concessions are, to my mind, restitution and an acknowledgment of the

rights of which Bolivia was forcibly deprived.

In effect, in the Pact of Truce the oblig ation was imposed upon Bolivia to accept the

importation of natural and manufactured products from Chile free of duty, in exchange for a

nominal reciprocity, because Bolivia has sc arcely any products to send to the Chilean

markets. This clause was accepted in 1884 under the stress of circumstances, and to prevent
greater ills, as a consequence of the war. There is no instance of a victorious country making

such absolute imposition. All peace treaties if not leaving the customs duties to the

vanquished, they at least fix a term for the enjoyment of franchises.

An imposition of this kind does not establis h a perfect right, because the authority

inherent to a sovereign to settle the commercial relations is a jus merae facultatis which does

not lapse because no use is made of it.

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Therefore, the provision for cancellation of the commercial franchises is the restitution of a

right of which Bolivia was de prived and not a great conc ession. And if there was any

reciprocity, with the cancellation of the franchises each State would have resumed its rights

and its liberty under identical advantages.

Neither is it a concession to Bolivia what Your Excellency calls a free port, if this is

to be understood as my Government understands it, the right of transit through a territory and

port belonging to another. According to International Law, it is an easement which does not
admit of controversy, and the Mediterranean States have the right of transit over the territory,

ports, and navigable rivers of their neighbors, as such easement is indispensable and of

mutual advantage.

The obligation placed on Chile to pay the liabilities affecting the Bolivian littoral,

which amount to $4,000,000, more or less, quotable at a discount, does not strictly mean a

concession. By keeping the littoral, which is the burdened territory , and collecting its
revenue, which amounts to 7,500,000 pe sos annually, it is under the obligation to pay said

liabilities according to the principles of international law.

Thus the proposition of Your Excellency is reduced to the following:

1. To pay the Chilean creditors of the Huanchaca, Corocoro, and Oruro enterprises,

and the balance of the loan raised in Chile in 1867, the total amount of which is $5,300,000,
also quotable.

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2. To deliver to Bolivia 6,000,000 pesos, which at today’s rate of exchange is

equivalent to 4,636.363 bolivianos, such sum to be applied for the construction of a railroad.

On the part of Bolivia the first clause would remain the same and the second
substituted for a territorial zone containing a port.

The discussion, Mr. Minister, would then be circumscribed within these precise

conditions, warning that the sum paid to Chilean creditors, as well as that invested in a
coastal railway, would be indirectly profitable to Chile, because it is capital placed in Chile

and in the hands of Chilean creditors.

Your Excellency believes that it is only in deference to opinions of earlier times that,

among the bases proposed by this Ministry of Foreign Affairs, is the aspiration of the

Bolivian people to possess in perpetuity a zone of territory on the Pacific, and endeavors to

show on this account that neither said territory nor said port exist, as Chile needs those it
possesses on the coast, and any concession would compromise the continuity of Chilean

territory. The answer is very simple: Bolivia will wait until Chile defines its territorial rights,

when the settlement with Peru is concluded, and when its [Chile’s] borders on that side are
defined, then it shall transfer to Bolivia the last port on the north, and the necessary zone for

transit to Bolivia. This cession shall not compromise any Chilean families nor the continuity

of Chilean territory.

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This clause has been set down not only in deference to ancient opinions, but also to
those that have been invariably maintained by both Ministries of Foreign Affairs, by common

consent.

It is evident that in the conferences whic h preceded the Pact of Truce of 1884, it was
agreed that an outlet to the Pacific, which produced a solution of continuity of Chilean

territory would be unacceptable of its own nature. But the cession of a zone of territory lying

at the northern extremity of Chilean possessions was tacitly left for future negotiations. For

these reasons a Pact of Truce was concluded, instead of a final Treaty of Peace. Ever since,
the Ministry of Foreign Affairs of Chile has kept Bolivia with the hope of acquiring a port. I

could quote many documents were it not a laborious task; I shall confine myself to the last

few years only.

When in 1895 an endeavor was made to settle in a friendly way the territorial,

commercial, and indemnification questions resulting from the war of the Pacific, the

respective treaties were not proposed by Bolivi a. They were prepared in Chile by the

Ministry of Foreign Affairs of Chile, and Bolivia limited herself to accepting them.

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It was then stipulated in a confidentia l treaty concluded on 18 May 1895, between the
Minister of Foreign Rela tions, Mr. Luis Barros Borgoño, and our Plenipotentiary,

Mr. Heriberto Gutiérrez, that if the Republic of Chile should acquire permanent control of the

territories of Tacna and Arica, they would be transferred in the same conditions to Bolivia. In

default of this, it bound itself to deliver the Vítor Cove, or another similar one, plus 5,000,000
pesos.

Ten days later, another protocol was c oncluded between the same negotiators, and it
was agreed therein, in accordance with the aims of the high contracting parties, to ensure

Bolivia a port on the Pacific, sufficient and su itable to respond to the foreign trade needs of

this Republic, it was understood that both Go vernments would endeavor to obtain the

acquisition of the territories of Tacna and Ari ca, and the Minister of Foreign Relations of
Chile on his part said that he would try in the first place to achieve the solution provided for

in Article 1, and that the provisions of Article 4 referred to the eventuality that Chile did not

acquire the territories of Tacna and Arica, either by means of a direct settlement or by virtue
of the plebiscite.

In the protocol of 9 December 1895, concl uded between the Chilean Plenipotentiary,

Mr. Juan Gonzalo Matta, and the Minister of Foreign Relations of Bolivia, these provisions
were confirmed, the only difference being that of all the treaties concluded between Bolivia

and Chile an indivisible whole was made, and th at instead of the Vítor cove, a port was

mentioned to satisfy fully the needs of Bolivian trade. That these were Bolivian demands this
is not the time to discuss. It is a fact, however, that they were accepted by the representative

of Chile and set down in a solemn pact.

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What should attract Your Excellency’s atte ntion is that on 30 April 1896, one year

later, the Chilean Government approved, by a special protocol, that which I have just
mentioned, with the following explanations :

That a cove, capable of satisfying the needs of commerce, should be understood as

one having an anchorage for merchant ships and grounds to build customs buildings and to
establish a town.

That the Government of Chiles bind itself to request from Congress the approval of

these conventions.

These were in no way demands of Bolivia; th e protocol was signed at Santiago, and

the explanations were proposed by the Minister of Foreign Re lations of Chile, Mr. Adolfo

Guerrero.

After a year of mature study the Government of Chile ratified the protocols, with the

remarkable circumstance that it bound itself to tr ansform the cove into a real port with an

expense representing several millions.

Instead of requesting the legislative approval for these pacts in Chile they were

abandoned, forgotten, and slowly remained relegated to the past, as if they had never existed.

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Several years later, in February 1898, new working conferences took place in
Santiago between Messrs. Joaquín Wálker Mart ínez, José Paravicini, and the Minister of

Bolivia, Mr. Emeterio Cano. It was then proposed on the part of Chile, among other bases,

that the [Chilean] Government would substitute that of Bolivia as the guarantor in the
guarantee for the railroad from Uyuni to Oruro and would guarantee the payment of the

interest on the capital invested in extending said road to La Paz or Puerto Ballivián.

There were several propositions on the part of Bolivia, and the following are worthy
of attention on account of their novelty:

That Chile was to take charge of the guarantee of the railroad from Uyuni to Oruro.

That the sum of $25,000,000 was to be deliv ered by Chile, to be applied to the

construction of the railroads.

Another proposition reduced this amount to $20,000,000.

Another, at last, to $600,000 annually, during 20 years.

Common to all these proposals was the basis t hat Chile was to take charge of the

liabilities affecting the littoral and those recognized in favor of the mining companies by way

of indemnification.

These attempts had no effect, because no agreement was reached and the Bolivian

Government, being informed of the facts, disowned them.

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These last conferences have certainly no official importance, and if I mention them it
is to show the logical conduct of Bolivia and to justify the comparisons and conclusions I will

make further along, thus demonstrating that the new bases are no better than the former.

Why did the Government of Chile aba ndon the former Pacts without sending

officially a single word to Bolivia in regard to such grave and sudden determination?

Your Excellency seems to believe that it was on acc ount of the Protocol of
9 December 1895, which contained Bolivian demands made at the last hour.

I am deeply sorry not to agree with this opinion. The Government of Chile approved

this protocol by a later one of 30 April 30 1896, and after a year of mature deliberation. This
shows that such could not have been the cause.

Nor could it be the demand for a port that fully satisfies the commercial needs of
Bolivia. This condition was explained in precise te rms in the protocol I have just mentioned,

and Bolivia accepted the explanation. There was a perfect agreement on this point between

both Foreign Ministries.

Finally, the conduct of the Chilean negotia tor was approved, and this is sufficient to

affirm that the protocol, so frequently mentioned, had nothing to do with the determination of

the new direction of the Chilean diplomacy.

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Neither do I agree with Your Excellency’s argument that the Treaty of Territorial
Transfer of 18 May 1895, was conditional, de pending on the execution of the plebiscite

stipulated by the Treaty of Ancón, and that the failure to comply with this condition is not

imputable to Chile , said Treaty must be ineffective, as it was a premature pact—“still-born”

—consequently, the juridical situation of today being the same as in the year 1884.

In the hypothesis that all this were evident, the expiry of the Treaty ought not to

depend on the exclusive will of one of the par ties; a convention would have been necessary

to establish that the failure to comply with that condition was not imputable to the
Government of Chile.

We do substantially and radically differ in the appreciation of the essential facts,

Mr. Minister. Those pacts were concluded in an earnest spirit, Chile proceeding, as Your
Excellency states, “with extreme generosity, by granting the richest portions of the provinces

of Tacna and Arica.”

They were binding treaties, concluded according to the rules of international law, and
not premature pacts, still-born. Otherwise that “extreme generosity of Chile” could not be

understood.

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Conditional treaties are permissible by law, and in this particular case, stipulations
having been made that the transfer of Tacna and Arica or another cove with an anchorage for

merchant ships, would be dependent on the execution of the plebiscite, the proper step to take

was to wait until such condition wa s fulfilled. Bolivia was then, as she is now, ready to wait
for the realization of the plebiscite and its consequences.

That the plebiscite will take place, there is not the slightest doubt, as it was thus

stipulated in the Pact of Ancón, and Peru de mands it; and if, as Your Excellency asserts in
your communication, the outcome has to be necessarily favorable to Chile, then the more the

reason for those protocols to have been preserved in force, since their main provision is to be

fulfilled to the satisfaction of Chile.

And I would furthermore affirm that the failure to hold the plebiscite could be

attributed to the Ministry of Foreign Affairs of Chile as it refuses to accede to the demands of

Peru, which does not ask but that the plebiscite be held without loss of time, in compliance

with the Billinghurst-Latorre protocol.

Consequently, Mr. Minister, and this cannot be disputed, the failure to comply with

that condition, far from being a motive for expiry of the treaty, is a reason for its validity and

execution.

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But why discuss this matter any further? The truth is, as Your Excellency states, that

“the offensive power of Chile has increased a hundred-fold, and to be as plain as international
affairs demands at times, Bolivia must not count upon the transfer of the territories of Tacna

and Arica, even if the plebiscite is favorable to Chile, because the Chilean people with a

uniformity that is seldom seen has made manifest their will to preserve those territories.”

It is Your Excellency’s opinion that Boliv ia has no imperative need of a port, and

having at present means of communication th rough the ports possessed by Chile, a narrow

strip of territory is neither necessary nor indispensable, or plainer still, it would be better to
preserve the actual geographical conditions.

The lack of imperative need, Mr. Minister, is not a reason to deny a right or disown a

legitimate demand or request. If this were so it would be an argument against Chile. Said
Republic has an immense coast and many ports, and it is not imperative that she keep them

all; many of them, besides, are uninhabited and deserted. Therefore, one of them could be

granted to Bolivia without impairing her [Chile’s] interests.

My Government never thought that one c ould be unaware of the usefulness and

advantages of possessing a port. This fact was acknowledged not long ago by the Chilean

Government and people. On this account Bolivia thought it would be too much to enter into
discussion of a point which does not admit of contradiction.

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That an ocean port is useful to any nation is a self-evident truth. In America all the
States are endowed with a more or less extende d coast, except Paraguay, which in exchange

possesses a navigable river, permitting free communication with the civilized world.

Another exception may be cited in Europe: Switzerland, and this has submitted her to
a peculiar political situation guaranteed by the surrounding States.

Above all conventions there is a natural right which assigns all nations at least a small

coast for its political and commercial relations.

Against this right Chile pretends to adjudicate to itself the coast belonging to Bolivia,

thus excluding her from the ocean and condem ning her to an isolation, exceptional in

America. This consideration in itself would be enough to render Your Excellency’s proposals
inequitable.

Since Your Excellency doubts the advantages of a port, perhaps because possessing a

number of them there is no idea in Chile of th eir necessity, I will state hereunder, although
briefly, a few of these advantages.

A port is indispensable to Bolivia:

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(1) For its free and independent political and commercial communication with the

civilized world.

(2) For the better service of its customs facilities without the hindrance of customs
permits and return bills of lading, and other regulations imposed by neighboring

nations when only the right of transit is enjoyed.

(3) To modify its commercial and custom s relations with neighboring countries,
based on the independence that a port would, give it.

(4) To establish and increase its credit, making its imports and exports known, and

offering to creditors a secure guarantee of its own customs houses.

(5) To be both directly and indirectly independent from the will of any other State.

I shall not mention the greater power and international importance which Bolivia
would acquire by possessing a port.

These are truths that a person as learnedas Your Excellency can not but recognize.

Your Excellency is of the opinion that the positive and incontestable public fact is that

the Government and people of Bolivia enjoy the most absolute freedom and independence for

their communications of all kinds, and that a port of their own is not indispensable, and that
its acquisition would not increase Bolivia’s pow er, neither in time of peace nor in time of

war.

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Allow me, Mr. Minister, to state that this assertion is contradicted by reality.

The commercial conditions of Bolivia are exceptional.

She enjoys only a right of transit over all her frontiers and in all directions, subject to
regulatory restrictions and formalities, in exchange for the concessions she has granted for the

use and enjoyment of this easement. There are ports where she has to be absolutely

subordinate to foreign tariffs, receiving only as customs duties a proportional quota. Thus her

import and export trade has to fight bitterly against obstacles of all kinds.

Bolivia’s decadence, her backwardness in the path of progress, is due in a large

measure to the sole fact that she lacks free and complete communication with the civilized

world, either by reason of the aforesaidobstacles, or due to her geographical position.

Even at the time when she was in possession of her littoral, due to the extensive desert

which separates her from the coast, she had to seek other routes of transit, concluding treaties

and granting concessions of all kinds. I may quote the following:

To have admitted transit dues on foreign merchandise, ranging from 3 to 20 per cent,

and for certain goods 15 per cent.

For the transit of natural products from Bolivia abroad, from 3 to 20 per cent.

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To have bound herself not to increase the tariff dues at Cobija beyond a certain point.

To have accepted in its entirety foreign customs regulations, limiting herself to

receiving a subsidy.

To have invariably accepted free of duty the importation of the natural and

manufactured products of the neighboring States.

All this, Mr. Minister, leaving aside the obs tacles to commerce resulting from transit,
dispatch of merchandise, annoyances, and seizures.

The whole history of Bolivia since her inde pendence, all her international difficulties

are due to the sole cause of not having had free and independent communication.

The Treaty concluded in the first days of her independence for the acquisition of the

Province of Tarapacá; that of Confederation concluded later on with Peru, and the subsequent

wars, served no other purpose than that of adding to Bolivia a port on the Pacific and
consequently to obtain for her the desired commercial independence.

This is the painful and sad experience, whi ch is now topped with the exclusion of

Bolivia from the Pacific and her final confinement within her mountains.

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Under these conditions the free transit Your Excellency offers under the name of free

ports and commercial and custom facilities cannot ever be considered as free and independent

communication. It is, rather, an easement, grante d in conformity with in ternational law to a

conquered or weaker country, so that she may not die of asphyxia, and an easement, with all
the inconveniences of the regulations and restrictions that the sovereign has a right to impose.

According to Your Excellency, “the bases proposed by Chile are equitable, the only

ones compatible with the present situation, it being an error to a ffirm that Bolivia has a right
to demand a port in exchange for her littoral, it being of no importance whether this littoral is

rich and worth many millions.”

“Upon the termination of war the victori ous nation imposed her conditions; Bolivia,

being vanquished, had to surrender her littoral.”

“Chile therefore owes nothing, because she is bound to nothing. The surrender of the
littoral was absolute, unconditional, and perfect.”

“In consequence, therefore, the base s proposed and accepted by his country,
amounting to large concessions to Bolivia must not only be considered as equitable, but also

as generous .”

“Chile has appropriated the littoral by the same right Germany had over Alsace and
Lorraine, and the United States of North America in Puerto Rico: by the right of victory, the

supreme law of nations.”

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I sincerely regret not to agree with Your Excellency in these conclusions.

The surrender of the littoral has not been absolute, unconditional and perfect. Had it

been so, Your Excellency would not be enga ged now in these negotiations, which have a
pressing character and cannot be deferred. Said surrender was inde finite, in usufruct, so that

Chile might profit from the revenues as a war in demnification. Art. 2 of the Pact of Truce

provides that only while it is in force Chile was to possess and govern the littoral. There has
been, therefore, no absolute cession of ow nership, and this being the case the cession

requested by Chile ought to be the subject of new negotiations and stipulations, and that is

what is being done at present. It is, therefore, legitimate to compare the bases and weigh their

equity.

To this end I have brought to the discussion the value of the littoral, to show that in

exchange for that value, only a strip of territory was asked for, representing at the most the

twentieth part of said value.
The littoral of Bolivia, Mr. Minister, is very rich both on account of its intrinsic value

and its revenues, and it is proper to state this, so that the representatives of Chile may act in

an equitable manner in the concessions they call generous.
The Bolivian littoral embraces an area of 158,000 square kilometers, with a

population of 32,000 inhabitants. It contains four ports, Tocop illa, Antofagasta, Cobija, and

Mejillones, and seven coves, Gatico, Guanillos, Michilla, Tames, Gualaguala, Cobre, and

Paquica.

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Its fiscal and municipal revenues amounted last year to $7,500,000.

It contains an abundant wealth of silver, copper, gold, borax, sulphur, nitrate, and salt

deposits.

The Toco nitrate fields are very extensive, and they alone produce for the Treasury a
yearly income of $5,545,000.

There are other nitrate fields with a standa rd of 70 to 40 per cent in the Joya region,

on the borders of the river Loa, and in other localities; and it has been recently ascertained by
investigations and surveys that they embrace an area of 190 square kilometers.

All these nitrate fields will be worked in time, and in a few years the revenue derived

from the Bolivian littoral will be over 10,000,000 pesos per annum.

The industrial and urban properties lying within this territory are estimated at present

at forty million.

It is not far-fetched, therefore, to state that the Bolivian littoral with this wealth

represents at least a value of one hundred million.

There is also to be mentioned that during the twenty years Chile has been in
possession of said littoral, since the Pact of Truce, she has received at least one hundred

million. During this same period she has imported her natural and manufactured products free

of customs duties to Bolivia, thus profiting by the advantages resulting from said franchises.

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In exchange for these concessions and these amounts, what have been the demands of

Bolivia? A strip of territory containing a port whic h is equivalent at most to one-twentieth of

what has been ceded; and the obligation of Chile to pay the liabilities affecting said littoral,

and those recognized in favor of Chilean mining companies which suffered during the war
seizure of 1879; payments which will indirectly benefit Chile, as all the creditors are Chileans

and domiciled in Chile.

Thus Bolivia’s generosity is most evidently shown, since Your Excellency uses such

words, also the sacrifices she makes to obt ain peace. Your Excellency cannot, and has no

well-founded reasons to qualify Bolivia’s conduct as resistant to pacific solutions by reason

of her exaggerated pretensions.

I shall not dwell upon the declarations Y our Excellency has deemed expedient to

make in the communication to which this is a reply, and according to which victory would be

the supreme law of nations. By so stating Your Excellency has in the name of his
Government committed to principles of public law which before now were universally

accepted; and it is opportune to remember that said principles have been newly sanctioned by

the greatest powers in the last International Congress held at The Hague, which,
notwithstanding the military forces at their disposal, have sought in their memorable

conferences to attain high humanitarian ends, endeavoring to prevent the great ills of war, and

to ensure the rule of law and of justice.

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Neither is it out of place to remember here the declarations of the American Congress
of 18 April 1890, against conquest a nd territorial cessions under thr eat of war or pressure of

armed forces and the remarkable conduct of European powers when, upon mediating in the

last war between Turkey and Greece, caused the idea to prevail that indemnification ought

not to be unlimited, but in proportion to the financial means of the vanquished.

Before these precedents, authorized by the agreement of the first military nations,

Your Excellency will allow me to state with great sorrow that only an exaggerated patriotic

zeal could have influenced you to deny these principles to the country I have the honor to
represent.

“For many years, Mr. Minister, your count ry, has wished to exchange the Pact of

Truce for a Treaty of Peace, and settle in a fin al manner the differences with Bolivia. The
Chilean Government and people cannot wait any longer; they believe they have patiently

waited.” Whoever reads these lines would think that Bolivia has resisted the settlement of

said differences. This position is not exact.

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The Pact of Truce is both ominous and oner ous to Bolivia exclusively, and for this

same reason it is in her well-understood interests to define the present situation. With this end

in view, she has on several occasions proposed certain bases which sometimes have been

rejected for no other reason than that the Ch ilean people had changed their aspirations; at
other times treaties have been concluded and the Bolivian people and Congress approved

them, while Chile has abandoned them of her own volition.

The twenty years spent in fruitless negotiations are due to the policy of Chile, a strong
nation constantly on a war footing, which is the only factor responsible for the events.

Although in the judgment of Your Excellency it is typical of vulgar politicians to cling to an
idea in harmony with the prevailing public se ntiment, I must make the statement, while

answering this point, that politicians in Bolivia have always been led by the minimum of the

concessions the victor would grant, and have agreed in the majority of cases with the

propositions, both projected and written by the Minist ry of Foreign Affairs of Chile itself. It
is in Chile where public sentiment has chan ged, and at the same time the conduct of her

politicians; this being, in Your Excellency’s words, “a matter worthy of meditation on the

part of the statesmen of Bolivia to investigat e why a judicious and justice-loving people such
as Chile has, in regard to Tacna and Arica, ideas very different from those publicly expressed

in May 1895.”

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Be that as it may, my country, Mr. Minister, sincerely yearns for peace and has given
numerous proofs in this connecti on; the tenor, the form of this very document itself, the

exquisite courtesy shown by this Ministry of Foreign Affairs are further evidence of this, in

the presence of Your Excellency’s communication.

Chile having suddenly changed the old bases for new and unexpected ones, my

country is in need of reflection. The Bolivian questions with Chile are complex and difficult,

embracing territories, frontiers, commerce, customs, and indemnifications, and such matters

cannot be settled finally on first impression.

Bolivia, no matter how weak she is, is an independent and sovereign nation, on a level

with the others, and in her negotiations has a right to proceed calmly, consulting her interests.

She would not accept any imposition in any form whatsoever, under such conditions it would
be to her dignity to postpone all diplomatic negotiations.

The Pact of Truce of 4 April 1884, ended the state of war and determined the political,

commercial and customs relations between the two States. It has been in reality a treaty of
peace, no matter how frequently the return to hostilities has been mentioned, which requires

no formality other than giving one year’s notice.

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The amendments to the clauses of this pact are and must be a matter of negotiations
conducted with free and full deliberation, as se t forth in Article 7, which provides that on

entering into a Pact of Truce the purpose of the contracting parties was to prepare and

facilitate the settlement of a solid and stable peace, reciprocally binding themselves to pursue
negotiations leading to this end. If, unfortunate ly, a new treaty were not concluded, said pact

would remain in force while waiting for the opportunity to conclude a final one.

Upon these convictions the Bolivian Congre ss will consider the bases proposed by
both Ministries of Foreign Affa irs, without losing sight of Y our Excellency's categorical

assertions that the Governme nt and the Chilean people have the unflinching purpose to

maintain their possession and domain over the territories they currently occupy.

With the assurances that the present negotiations shall continue on peaceful and

cordial terms, in deference to the high and delicate interests involved, I take pleasure in

availing myself of this new opportunity to offer Your Excellency my highest and most
distinguished consideration.

Eliodoro Villazón

Abraham König,

Extraordinary Envoy and Plenipotentiary Minister of the Republic of Chile
Hand delivered.

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Bolivia, 13th Closing Session of the Honourable National

Congress, 2 February 1905 (La Paz, 1905) (extracts)

(Original in Spanish, English translation)

Bolivia, Congress of 1904, Rapporteur of the Honourable National Congress
(La Paz, 1905), pp 115-124

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13th Closing Session of the Honorable National Congress, 2 February 1905.

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The Chairman of the Honorable National Congress, in accordance with the law,
read his speech and accounted for the legislative works, as follows:

Mr. Constitutional President of the Republic:

Honorable Representatives:

Having concluded all ordinary sessions as set forth by the Constitution, and having
solved all matters reserved to extraordinary sessions, the National Congress has
resolved to go into recess, allowing the Executive Power to enforce enacted laws, as

well as to proceed to enforce the Treaties signed with the Republic of Chile.

…
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The most important act of Congress, whic h concerns its responsibility before the

country and history, is the approval of the Treaty of peace, commerce, transfer of
territory, and setting of boundaries concluded with the Republic of Chile, which puts
an end to the truce we have been in si nce the War of the Pacific. These were

laborious, lengthy and difficult negotiations that resulted in the said arrangement,
which encompasses all of our issues. Bolivia has accepted the weight of the facts,
with the firm purpose of committing to arbitration, faithfully complying with its

obligations, and maintaining cordial relations with said Republic.

Having recovered, as a consequence of this Treaty, its autonomy in trade and
customs matters, it strongly wishes to strengthen its relationships with friendly
countries, and invites invest ors and capitalists from all over the world to explore the

richness of its soil.

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The President of the Republic replied as follows:

Honorable Senators and Representatives:

…
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As it is well said by the authoritative and respected word of the Chairman of the

Honorable Congress, the most im portant act of the current legislature, and hence the
one that determines the beginning of a new e ra in the foreign affairs of Bolivia and
puts an end to the uncertainties and hesitations that lasted a quarter of a century, is the

approval of the Treaty of Peace and Amity concluded with the Republic of Chile.
Related to this matter, which, to achieve, demanded the sacrifice of our strongest

sentiments towards the country in its moment s of anguish; we have suppressed our
feelings to pay homage to the country, in the firm belief that we would come together
to defend it in the future and earn respect from free nations; it should be noted that in

entering into a peace agreement with Chile, we have been guided by the same spirit
that guided us when entering into an arbitration agreement with Peru, that is, the
desire of working without obstacles, with full independence, within our clear and

finally determined borders; to prepare the country for a future free of suspicions and
fears, and abundant in prosperity for all, to re-establish cordial relations with the
Chilean people, proud in war and noble at peace, aimed at joining in concert with the

friendly countries, with which we have to carve out the common work of progress and
civilization in the Americas.

Fortunately, given the conditions of the treaty of peace that fully guarantees our
sovereignty in customs matters, the benefits to Bolivia will not be long-awaited. The
facts will promptly come to dispel, with th eir unquestionable reality, the patriotic

scruples of those who thought to have f ound some disadvantages in the treaty, and
soon, due to the same sequence of events as those who have supported energetically
and unequivocally the treaty, they will feel the warm palpitations caused by the

success of a good work.

535Annex 30

536 Annex 31

Act of Exchange of Instruments of Ratification for the 1904

Treaty of Peace and Amity between Bolivia and Chile,
10 March 1905

(Original in Spanish, English translation)

Bolivia, Ministry of Foreign Affairs, Collection of Treaties in Force in the Republic
of Bolivia, Volume IV, p 405

537Annex 31

538 Annex 31

___________________

ACT OF EXCHANGE

In the city of La Paz, on 10 Marc h 1905, His Excellency Mr. Claudio Pinilla,
Minister of Foreign Affairs, and His Honor Mr. Domingo Gana Edwards, Chargé

d’Affaires for the Republic of Chile, met at the Office of the Ministry of Foreign Affairs
in order to exchange ratifications for the Treaty of Peace and Amity executed and

signed in the City of Santiago, on 20 Oc tober 1904 by Mr. Alberto Gutiérrez, Envoy
Extraordinary and Minister Plenipotentiary of Bolivia, and His Excellency Mr. Emilio

Bello C., Minister of Foreign Affairs of Chile, after having submitted their full powers,
which were found to be satisfactory, read out the Instruments of Ratification of the
above-mentioned Treaty and, having approv ed the provisions contained therein,

immediately exchanged the said instruments of ratifications as is customary and ordered
to be drawn up the present Act, to be executed in two identical counterparts, upon which

they have set their hands and seals.

(Signed) Mr. Claudio Pinilla

(Signed) Mr. D. Gana Edwards

___________________

539540 Annex 32

Protocol that Designates an Arbitrator between Bolivia and
Chile, signed at Santiago on 16 April 1907

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), p 132

541Annex 32

542 Annex 32

PROTOCOL T THAT D DESIGNATES A AN AARBITRATOR B BETWEEN BOLIVIA AND
CHILE

Signed in Santiago, Chile, on 16 April 1907.
In Santiago de Chile on 16 April 1907, ga thered in the Office of Minister

Plenipotentiary of Bolivia, Mr. Sabino Pinilla, and Minister [of Foreign Affairs] Mr. Ricardo
Salas Edwards, properly authorized to the effect by their respective Governments and bearing
in mind that His Majesty the Emperor of Ge rmany has not accepted the appointment under

Article XII of the Treaty of Peace and Friends hip concluded and signed between Bolivia and
Chile on 20 October 1904 designa ting him as Arbitrator regard ing all questions that could
arise in understanding and executing the said Pact, have convened to designate the Permanent

Court of Arbitration in The Hague if a case on such questions arises, pursuant to Article 26,
Chapter II of Title IV of the Convention for th e Pacific Settlement of International Conflicts
signed on 29 July 1899 by the concurrent Powers at the First Peace Conference, celebrated in

the abovementioned Capital of the Kingdom of Holland.

In witness whereof the Extraordinary Envoy and Minister Plenipotentiary of Bolivia
and the Minister of Foreign Affairs signed th e present Protocol, in duplicate, and stamped it
with their respective stamps.

(L.S.). – (Signed) :Ricardo Salas Edwards.

(Signed) : Sabino Pinilla.

543544 Annex 33

Bolivia, Opening Session of Congress, 6 August 1910

(La Paz, 1911) (extracts)

(Original in Spanish, English translation)

Bolivia, Congress of 1910-1911, Rapporteur of the Honourable National Congress
(La Paz, 1911), pp 1-10, 51

545Annex 33

Opening Session of Congress, 6 August 1910

…

546 Annex 33

- At the reopening of the session at 3:10 pm, the President of the Republic reads
the following message:

“TO THE CHAIRMAN OF THE HONORABLE NATIONAL CONGRESS

TO THE REPRESENTATIVES AND SENATORS:

…

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549Annex 33

550Annex 33

551Annex 33

552 Annex 33

The strength of our commercial and indus trial relationship with the Republic of

Chile and the noble spirit of its Government pave the way for our pending matters and

emphasize the friendship that both parties ar e trying to demonstrate with compelling

evidence.

The works on the Arica railway are carried out pursuant to the agreement

entered into with the Jackson Company. These works will certainly be completed within

the stipulated term and will ultimately provid e our country with the most important
means of communication with the Pacific, which will expand our industries and foreign

trade. In this context, the Government pursues the execution of agreements that will

favor the perfect nationalization of the railway in the Bolivian territory and that will
resolve in advance problems that could be caused by traffic.

In connection with this, there are guarantees that Chile must pay for the railways
that are being built in our country pursua nt to the Treaty of Peace of 1904. There is

perfect agreement on this matter and only the details of the regulation remain to be

fixed. We understand that, beginning this year, the Chilean Government will start

making effective payments, which will contribute to the promotion of our large railway
company, primarily focusing on the extension of the railway to Yungas.

…

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556Annex 33

557558 Annex 34

Convention on Trade between Chile and Bolivia, signed at

Santiago on 6 August 1912

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), p 145

559Annex 34

560 Annex 34

CONVENTION ON TRADE BETWEEN CHILE AND BOLIVIA

Signed in Santiago, Chile, on 6 August 1912.

Ratifications exchanged in Santiago on 23 March 1914.
Promulgated on 15 April 1914 (Law No. 2890).
Published in “Diario Oficial” No. 10871, on 15 May 1914.

On 6 August 1912, at a meeting of the sign atories, Mr Joaquín Figueroa, Minister

of Foreign Affairs of Chile, a nd Mr Eduardo Diez de Medina, Chargé d’Affaires of
Bolivia, in order to agree, in accordance with article 6 of the Treaty of Peace between
Bolivia and Chile of 20 October 1904, on a special and convenient regulation on trade
through the territories and ports of Chile which accounts for the fullest and most

unrestricted right of commercial transit recognized in favor of Bolivia in the
aforementioned treaty; taking into account th at the Government of this country has
established the relocation of its customs agency at Antofagasta to the city of Uyuni, finding
therein all shipping and gauging operations for goods in transit; and interested in

promoting and facilitating the development of the commercial relations between both
countries, have agreed on the provisions of the following articles:

Article I

The government of Chile, pursuant to ar ticle 6 of the Treaty of Peace of 1904,
guarantees free transit of foreign goods bound for Bolivia through its territory, and of
goods that, coming from Bolivia, are intended to be shipped abroad via all major ports of

the Republic.

Article II

Foreign goods referred to in the preceding clause will be taken from the docks to

the railway station, and then will be taken to Bolivian customs in closed and sealed
wagons, and will be declared free of any inspection other than comparing their seals,
numbers and the condition of exterior packaging; such inspection will be carried out by
Chilean and Bolivian employees designated by the heads of the Chilean and Bolivian

customs agencies, which will record information concerning such cargo and any
observations that may be applicable in special books that each official is obliged to keep;
these books will be signed by both officials on a daily basis.

Owners and consignees, the representativ es of shipping vessels and those of
insurance companies may request inspection of such goods when the packages are found in
poor condition or have evidence of having been tampered with. The heads of the Chilean
and Bolivian agencies may also request an inspection for similar reasons. Broken or

damaged packages will be refurbished and inventoried.

561Annex 34

562 Annex 34

They will carry a visible seal with the word “INVENTORIED”.

In all cases of interior inspection, cust oms authorities will keep a copy of the
inventory that will be added to the departing declaration, and a copy of it will be sent to the
Bolivian customs agency. The cost of the inspection will be paid by the owners or agents
of the inspected goods. Should liability of any type arise from the inspection procedure, the

relevant Bolivian laws will apply, and Chilean law will apply if the liability of that country
is affected.

Article III

Foreign goods bound for Bolivia that cannot be loaded directly at the docks or in
the wagons of the railway in accordance with the preceding paragraph will be stored in
special transit warehouses and will be subject to the inspection provisions described in the
preceding article.

Article IV

For the shipment of goods bound for Bolivia that need not enter the storage houses,
three copies of the bill of lading will be required, and the cargo will be shipped from the
same docks pursuant to the provisions of Article VI. A copy of the bill will be sent with the

goods, and the remaining two will be kept by the heads of the Bolivian and Chilean
customs authorities.
For the shipment of goods stored in the warehouses, the agents will be required to

submit three copies of a special insurance policy in common paper which will carry a serial
number and each one will carry the letters A, B, C. These policies must state the name of
the vessel in which the packages were shipped; their seals, number and origin; as well as
the goods they carry. This information must be written clearly in numbers and letters

without abbreviations, scratches or amendments.

Article V

Baggage of passengers travelling to Bolivia, and of those that are travelling from

Bolivia, can travel without inspection of customs authorities at arrival; which will limit
themselves to hand them to the railway carrier and help in loading them in wagons, the
doors of which will be closed and sealed with the customs stamp.

Article VI

Waybills serve to attest the legal entry of goods into Bolivian customs; they must
be submitted by the dispatcher within forty days from the day the goods in transit were
shipped. For these waybills to be legally valid, they must include a certification from the

head of the customs authority of the count ry of destination where all the cargo was
unloaded. If [the certification] was not presented, the agent will duly record so. The
signature of the head of customs will be acknowledged by the Bolivian customs agent who
will record the waybills in a book. Failure to submit the waybill entitles the Chilean
customs to collect applicable customs fees.

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564 Annex 34

Article VII

For transport in the railway of packages in transit, only storage wagons in good
condition will be used; their use is only authorized for the transport of goods whose size
prevents them from being stored in ware houses, such as machines, cauldrons, wooden

tables, etc. The shipment of goods in wagons will be done directly at the dock or in the
customs warehouse; the customs administrat or will provide the railway all kinds of
accommodations for their peculiar shipments. Customs and the railway company will
simultaneously take the cargo once it is placed in each warehouse or platform, stating in

the bill of lading the particular marking of the wagon and its number.
Once a wagon is fully loaded, the employees of the railway will lock the doors and
openings of the warehouse, which will be sealed and taped by customs with a particular

seal. For added security, the railway companymay add its own seal to that of customs.

Article VIII

Every package bound for Bolivia that is unloaded from the transit ports of Chile

must carry on its exterior and in a visible way, besides from its markings, numbers, gross
and net weight, the following caption: “IN TRANSIT TO BOLIVIA.”

Article IX

The respective customs administrator, after signing the three copies of the

insurance policy and verifying the content of each wagon, will forward policy “A”, which
will serve as a bill of lading to the Chilean agent in Bolivia; policy “B” will be delivered to
the customs agent, who will duly record its receipt and will forward it to the customs
where the goods must be shipped; and will keep policy “C” in its records.

Article X

Goods bound for Bolivia in transit may be shipped for consumption in Chile, upon
request of interested parties, with no other burden other than payment of customs fees and

the cost of consular expenses. In reciprocity, goods bound for Chile in transit may also be
shipped to Bolivia, upon request of interested parties and with no other burden other than
to provide the Bolivian consul at the port with the respective consular receipt.

Article XI

In order to be shipped into the territory of the other, the products of each one of the
Republics must carry the respective consular receipt. Goods of any kind, except for those
whose export is banned and raw goods of small value, that is, those weighing 50kg that are
not worth one pound sterling or more, may be shipped without any formality, and sent with

only the written manifest at customs, which mu st include relevant statistical information,
unless the inspection carried out at the sanita ry stations of both countries forbids its
delivery to prevent the spread of epidemics.

565Annex 34

566 Annex 34

Article XII

Goods bound for Bolivia in transit that must be taken to the customs warehouses

will be exempt from payment of storage fees at the Chilean customs; these goods cannot
remain in the warehouses for a period longer than one year. If the Bolivian Government
fails to transport such goods within that term, the goods will be subject to the same adverse
possession provisions governing bailment agreements.

Article XIII

Both Governments may keep special customs agents in the ports or in the places
where transit operations are carried out, which will have the authority to assist the office;
witness the delivery of goods at the customs of destination; sign insurance policies or

waybills; issue certificates of legal entry or nationality certificates; and, among others,
conclude policy agreements with the customs of the contracting country, for the export or
import load exclusively agreed by the Governments, with no intervention or guarantor
requirements whatsoever.

Article XIV

Export of Bolivian products through Chilean ports will be carried out with no
formality other than a comparison at the dock, by Chilean authorities, of the markings,
numbers and quantity of the packages, with the wholesale manifest or the railway letter of
possession, which will be informed by the Bolivian Customs agency with due notice. If the

products are not to be shipped immediately, they will be stored in the transit warehouses,
and the comparison will be carried out once the goods are unloaded.

Article XV

For shipment of Bolivian products stor ed in the transit warehouses, a common

paper policy will be issued in three copies, together with the Bolivian export policy.
The “A” copy of the said policy will be submitted to the Bolivian customs agency,
the “B” copy will be used to remove the goods from the warehouse and to ship them, and

the “C” copy will be sent to the records of the Chilean customs.

Article XVI

For this convention to cease to have binding force, which will last for five years

from the date of exchange of ratifications, a notice in that respect must be sent from one of
the contracting parties to the other, one year in advance; once the five-year term has
expired, the binding force of this agreement will be extended indefinitely, until
denunciation occurs in the manner herein esta blished. However, if denunciation is not

followed by the signing of a substitute convention, pursuant to the provisions of the Treaty
of Peace and Amity of 20 October 1904, this co nvention will remain in force until another
one is agreed.

The present Convention will be ratified and the ratifications exchanged in Santiago
in the shortest possible period.
In faith whereof, the Minister of Foreign Affairs of Chile and the Chargé d’Affaires

of Bolivia, signed and sealed with their resp ective seals, in two counterparts, the present
Convention, in Santiago, on 6 August 1912.

(Singed) : Joaquín Figueroa.
(Signed) : Eduardo Diez de Medina.

567568 Annex 35

Act Fixing the Date of Transfer of the Bolivian Section of the
Railroad to the Republic of Bolivia, signed at Arica on

13 May 1913

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), p 150

569Annex 35

570 Annex 35

ACT FIXING THE DATE OF TRANSFER OF THE BOLIVIAN SECTION OF
THE RAILROAD TO THE REPUBLIC OF BOLIVIA

Signed in Arica, on 13 May 1913.

“In Arica, on 13 May 1913, the Minister of Foreign Affairs of Bolivia,
Mr. Alfredo Ascarrunz, and the Minister of Foreign Affairs of Chile, Mr. Enrique

Villegas Echiburú, duly authorized by their respective Governments, agreed to declare
in accordance with Article 3 of the Treaty of Peace and Amity of 20 October 1904
that, the Arica to La Paz railroad having been fully completed, the fifteen year term

for the transfer of the Bolivian section of the above railroad to the Republic of Bolivia
will start running today.

For the record, they agreed to formalise this agreement by signing and
stamping this Act in two copies.”

(Signed). – Enrique Villegas.–(Signed).– Alfredo Ascarrunz.

571572 Annex 36

Act of the Inauguration of the Railroad from Arica to the Plateau

of La Paz, signed at Arica on 13 May 1913

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), p 149

573Annex 36

574 Annex 36

ACT OF THE INAUGURATION OF THE RAILROAD FROM ARICA TO THE
PLATEAU OF LA PAZ

Signed in Arica on 13 May 1913.

“In the city of Arica, on 13 May 1913, the elected President of Bolivia, General
Ismael Montes, the Minister of Foreign Affairs of Chile, Mr. Enrique Villegas
Echiburú, the Minister of War and Navy of Chile, Mr. Jorge Matte, the Minister of

Industry, Public Works and Railroads of Chile, Mr. Oscar Viel, the Minister of Foreign
Affairs and Worship of Bolivia, Mr. Alfre do Ascarrunz, the Minister of Domestic
Affairs and Promotion of Bolivia, Mr. Claudio Pinilla, Mr. Alberto Yoacham, Envoy

Extraordinary and Minister Plenipotentiary of Chile in Bolivia, Mr. Víctor E. Sanginés,
Envoy Extraordinary and Minister Plenipotentiary of Bolivia in Chile, and
representatives of the Senate, of the House of Representatives, of the Courts of Justice

and other Delegates from Chile and Bolivia met on behalf of their respective
Governments and proceeded to inaugurate fo r public transportation the railroad joining
the port of Arica to the Plateau of la Paz, which was built in compliance with Article 3
of the International Treaty entered into by the Chilean and Bolivian Governments on

20 October 1904. As evidence of such an impor tant act of friendship, progress and
union between the two countries, the pa rties agreed to write this Act in two
counterparts, which will be he ld by the above-mentioned Mi nisters of Foreign Affairs,

who will deliver them to their respective Presidents of both countries.–
(Signed) – E. Villegas, Ismael Montes, Claudi o Pinilla, Alfredo Ascarrunz, Oscar Viel,
Jorge Matte, V. E. Sanginés, Bened, Goytía, A. Yoacham, Galvarino Gallardo, Carlos

Aldunate S., L.A. Moreira, A. Pinto Conc ha, General del Solar, Malaquías Concha,
General Prudencio, V. Prieto Valdés, G. Bu rgos, Julio Zamora, Benjamín Vivanco, W.
Larraín, General Julio Lafaye, F. Diez de Medina, Aníbal Capriles, Roberto Guzmán

M., Arturo Alessandri, G. Morris, Víctor V. Robles, F. Cusicanqui, Gmo. Arroyo A.,
Gmo. Illanes P., G. Gutiérrez Guerra, M. Correa P., César Salinas, Luis Arteaga,
Eduardo Orrego Ovalle, Antenor Seburo P., E. Cisternas Peña, José Salmón B., J. H.

Gutiérrez L., Carlos Tejada Sorzano, J. Rose ndo Pinilla G., Celso Lugones, Alfredo
Sanginés”.

575576 Annex 37

Letter from the Delegates of Bolivia to the League of Nations to
James Eric Drummond, Secretary-General of the League of

Nations, 1 November 1920

(Original in Spanish, English translation)

Bolivia, Ministry of Foreign Affairs, Report of the Minister of Foreign Affairs to the
Ordinary Congress (1921), pp 514-515

577Annex 37

578 Annex 37

LEAGUE OF NATIONS

________

Text of Bolivia’s Complaint

Delegation of Bolivia

to the League of Nations

Paris, 1 November 1920.

Mr Secretary-General,

We, the Bolivian delegation to the Leag ue of Nations, have the honour to

submit the following complaint on behalf of the Government of Bolivia:

Bolivia invokes Article 19 of the Treaty of Versailles to obtain the revision by

the League of Nations of the Treaty of Peace signed between Bolivia and Chile on
20 October 1904.

To support its claim, however reserving its rights to submit further evidence and
arguments in due course, Bolivia draws attention to the following facts:

1. – The violence under which the Treaty was imposed upon Bolivia; 2. – Chile’s
failure to abide by some of the fundamental principles of the Treaty aimed at ensuring

peace; 3. – The permanent threat of war cr eated by this factual situation. One

579Annex 37

580 Annex 37

evidence thereof is the mobilisation of a large [number of members] of the Chilean

army on the Bolivian border despite the state of peace existing between both
countries; 4. – As a consequence of the Treaty of Peace of 1904, Bolivia became a

completely landlocked country, deprived of any access to the sea.

This request is made in agreement with Peru, a country with which Bolivia has

special ties regarding this matter, for historical and political reasons, as well as due to
common interests arising out of the war and the alliance concluded in 1879 by both

countries.

Mr. Secretary-General, may this claim be given the treatment provided for in the
Treaty of Versailles and be added to the Agenda of the Assembly.

We have the honour to present our most distinguished considerations.

[Signed]. – F.A. Aramayo.

« Florian Zambrana.

« Franz Tamayo.

581582 Annex 38

Letter from the Delegates of Chile to the League of Nations to
the President of the Assembly of the League of Nations, No 14,

19 December 1920

(Original in Spanish, English translation)

Bolivia, Ministry of Foreign Affairs, Report of the Minister of Foreign Affairs to the
Ordinary Congress (1921), pp 533-535

583Annex 38

584 Annex 38

Letter No. 14.

Reply of the Chilean Delegation to the President

Delegation of Chile to the

League of Nations

Geneva, 19 December 1920

Mr President:

We have the honour to acknowledge receipt , Mr President, of your letter of
yesterday afternoon, in which you informed us that the registration of a matter in the

Agenda of an Assembly session does not depend on the President, but is the result of
the sole request of a League member, pursuant to the Rules (Article 4, paragraph (e));

that said registration only constitutes a purel y material act without legal importance,
and that, as the President has publicly as sured us, does not prejudge whatsoever the

competence of the Assembly to examine the issue.

The President informed us that if we wished, the Secretary-General may, after
having informed the next Assembly of the petition by which Bolivia requests the

inscription in the Agenda, record Chile’s opposition to that matter remaining in the
Agenda, attaching at the same time a copy of our letter.

The Delegates of Chile request the Presi dent to accept our gratitude for his
letter and for the interesting declarations that the President expresses and which

indicate that the registration of Bolivia’s request in the Agenda is purely material and
devoid of legal import.

The President further reminds us that he has given us public assurance of his

opinion according to which the inscription does not prejudge, in any way, the
competence of the League of Nations.

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586 Annex 38

Maintaining the utmost respect for the high investiture of the President, the
Delegates of Chile have reason to believe that the League of Nations is not competent

to review international treaties; that on the contrary it has been established to affirm
them; that this principle is recorded in Article 1 of its Constitutional Provisions, that

serve as its foundations; that this principal purpose of the League of Nations is even
higher with respect to treaties that have already been complied with; that the review of

the 1904 Treaty signed by Chile and Bolivia would justify the review of all the other
treaties that maintain world peace and the law of civilized nations; that this threat is

even more dangerous in the case of treaties that have not yet been completely and
effectively complied with, as is the case of the Treaty of Versailles which put an end
to the great war; that Bolivia’s request includes the review of said 1904 Treaty and

concerns, consequently, a matter on which the Assembly of the League of Nations has
no competence whatsoever, the Treaty being complied with by the two States that

signed it; and finally, given that it does not have competence, there are no grounds for
the Assembly, according to the principle g overning all procedures, to inscribe in its

Agenda a matter that does not concern it and which it has no right to entertain.

The review of the 1904 Treaty is not included in the competence of the
Assembly and in consequence, it also cannot be considered to form part of the matters

that, according to letter (e), number 2 of Article 4 of the Rules, cited by Mr. President,
can be raised by a member of the League and that the President may inscribe in the
Agenda of the Assembly.

The inscription of Bolivia’s complaint against Chile in the Agenda of the next

or any Assembly, would as a consequence entail a very grave transgression of the
same pact.

The Agenda of the September Assembly must be prepared by the Secretary-

General of the League with the approval of the President of the Council, four months
before the date of the session, according to the first paragraph of Article 4 of the

587Annex 38

Internal Rules. Accordingly, we demand the Secretary-General, and if necessary, the
President of the Council to prevent any meas ure aimed at including in the Agenda of

the Assembly of League of Nations Bolivia ’s request against Chile, concerning the
examination and review of the Treaty sign ed in 1904 between the two countries and

complied with by the two signatories a long time ago.

Please, Mr. President, receive the assurances of our highest considerations.

(Signed) - Antonio Huneeus
Manuel Rivas Vicuña

To Your Excellency Mr Paul Hymans, President of the First
Assembly of the League of Nations.

Geneva.

588 Annex 39

League of Nations, Report of the Commission of Jurists on the

Complaints of Peru and Bolivia, 21 September 1921 (extract)

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Report of the Minister of Foreign Affairs to the
National Congress (1924), pp 439-440

589Annex 39

League of Nations

COMPLAINTS OF PERU AND BOLIVIA

…
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592 Annex 39

For its part, the Bolivian Delegation delivered a note to the President of the Assembly,
the terms of which are the following:

“According to the latest instructions fro m our Government, we feel obliged to
stop any proceeding related to the Bo livian claim filed on 1 November 1920
until the Special Commission has given its legal interpretation of Article 19 of
the Pact. Please inform the Assembly of this decision.”

On 22 September during the session of the Assembly, the Chilean delegation received
an official copy of the report of the Commission of Jurists, the text of which is the
following:

“The Commission of Jurists, meeting upon an invitation from the Bureau of
the Assembly, in connection with the Complaint raised by Bolivia on
1 November 1920, with the purpose of issuing an opinion on the scope of
Article 19 of the Pact, especially in relation to the powers of the Assembly as

per the aforementioned article, is of the view that:

The Bolivian complaint, as submitted, is inadmissible, because the Assembly
of the League of Nations cannot of its elf modify any Treaty, the modification
of treaties lying solely within the competence of the contracting States.

That the Pact, while it prescribes sc rupulous respect for the obligations
comprised in treaties dealing with rela tions between organized peoples, grants

the Assembly, pursuant to Article 19, the power to “invitar” (in English,
“Advise”, that is, to provide advice) the Members of the League to make a
new assessment of certain treaties or certain international situations.
That such advice can only be carried out in the event that the treaties become
inapplicable, that is, when the state of affairs existing at the moment of their
conclusion has undergone, whether materially or morally, a transformation so
radical that it makes it unreasonable to apply them, or when international

situations that would threaten world peace arise.

Should that happen, the Assembly would need to ensure that one of those
circumstances is present.

Geneva, 21 September 1921

(Signed) – MANUEL DE PERALTA – A STRUYCKEN – VITTORIO
SCIALOJA

593594 Annex 40

Note from Ricardo Jaimes Freyre, Extraordinary Envoy and
Minister Plenipotentiary of Bolivia in Chile, to Luis Izquierdo,

Minister of Foreign Affairs of Chile, 12 February 1923

(Original in Spanish, English translation)

Bolivia, Ministry of Foreign Affairs, Report of the Minister of Foreign Affairs to the
Ordinary Congress (1923), pp 120-122

595Annex 40

596 Annex 40

Second note from the Bolivian Minister to the Chilean Ministry of Foreign Affairs

B OLIVIAN D ELEGATION

Santiago, 12 February 1923.

Dear Minister:

As I had the honor of telling Your Excellency on a previous occasion, I am going to
answer your note of the 6th of this month. It is very significant, Mr Minister, that Your
Excellency’s Government does not agree to reco gnize the revision of the Treaty of 20 October

1904, as the beginning of an era of negotiations that should be opened between our countries, in
order to move ahead with Bolivia’s legitimate aspirations. Failure to recognize that the Treaty
does not respond to the needs of the good and gr owing relations between the two friends and
neighbors, would be illogical and create uncerta inty, once my country’s maritime claim cannot
be situated outside the legal background of the Treaty of 1904. If that Treaty created the

international situation in which Bolivia finds itself, a situation which the Government of Your
Excellency is willing to deal wit h, it is natural to look back at those stipulations and adapt them
to the new needs of both contracting nations, by laying a moral foundation for a new agreement
that makes it not only a firm agreement that will endure over time, but will also obtain the
consensus of opinion of the civilized world, and in particular the people in America.

Your Excellency has said that the Treaty of Peace is inviolable, because it is final by
nature; revision of it cannot be accepted even in principle, because it was freely agreed by our
two countries, 20 years ago, and by the Chilean G overnment with the same loyalty and with the
same compliance with international commitments being invoked by Bolivia.

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598 Annex 40

This would not be the right time, Mr. Minister, to thoroughly examine such assertions
because it could be fully demonstrated that the Treaty of Peace was not a completely voluntary

act for Bolivia, even though it was signed 20 years after the truce, but was rather the distant but
unavoidable result of a war, which meant that the conquered party had to accept what the winner
imposed. It could also be proven that the Treaty has not been duly complied with by Chile, with
respect to the validity of Bolivia's rights to the nitrate deposits in the Toco and the submission to
arbitration as established in Articles 2 and 12 of the Treaty. But I will not discuss that now, as I
must limit myself to informing Your Excellency that the process of revision that I have had the

honor of proposing to the Chilean Government is cons istent with the strictest principles of law,
because when a treaty has lost the sense of reality and no longer faithfully reflects the
supervening demands of the par ties to it, or when instead of being a bond of agreement and
harmony, a source of peace and mutual trust, it becomes a cause for misunderstandings and
mutual worries, there is nothing more fair than to revise it to make it reflect a situation of greater

cordiality and mutual understanding.

International treaties, including peace treaties, may be modified; they are modified by the
free will of the parties to them, and their revision does not constitute an attack on law or on their
usefulness. All public treaties are the legal expre ssion of the relations between two peoples at a

certain point in history, and the right of the people to enter into relationships can change just as
much as the life of individuals, communities a nd nations. Internationa l treaties cannot be
unchangeable or doomed to crystallize into rigid a nd everlasting terms. This would amount to a
denial of the evolutionary process of the peoples. Therefore, the Versailles Treaty, which is the
most human and just reflection of the law of nations, whose provisions have been subscribed to
by the representatives of Bolivia and Chile, establishes the principle that the League of Nations

could, from time to time, re-examine treaties that have become inapplicable, and re-examine
international situations that could endanger peace between peoples if they were maintained.

599Annex 40

600 Annex 40

If the request that I was asked to make do es not receive the response that my country
expects, and instead you inform me that the Chilean Ministry of Foreign Affairs is willing to hear

the proposals that my Government wants to submit to it, in order to enter into a treaty at the right
time, and with mutual compensation, which, with out modifying the Treaty of Peace and without
interrupting the continuity of Chilean territory, considers the situation and Bolivia’s aspirations
and which Your Government would make every effort to bring about, I can do nothing more than
tell you that my Government has instructed me to put an end to these negotiations, as the reason

for them was to seek a firm and secure basis on which Bolivia’s aspirations could be reconciled
with Chile’s interests.

This occasion provides me with the opportuni ty to repeat to Your Excellency the
assurance of my highest and most distinguished consideration.

(Signed).—Ricardo Jaimes Freyre.

To His Excellency the Minister of Foreign Affairs of the Republic of Chile.

Hand Delivery.

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602 Annex 41

Note from Ricardo Jaimes Freyre, Extraordinary Envoy and
Minister Plenipotentiary of Bolivia in Chile, to Luis Izquierdo,

Minister of Foreign Affairs of Chile, 15 February 1923

(Original in Spanish, English translation)

Bolivia, Ministry of Foreign Affairs, Report of the Minister of Foreign Affairs to the
Ordinary Congress (1923), pp 122-123

603Annex 41

Third note from the Bolivian Minister to the Chilean Ministry of Foreign Affairs,

announcing that Bolivia will not attend the Fifth Pan-American Conference

BOLIVIAN DELEGATION

Santiago, 15 February 1923.

Dear Mr. Minister:

The refusal by Your Excellency’s Government to open an era of new negotiations by
revising the Treaty of 1904, on the eve of the Fift h Pan-American Conference to be held in this
capital in order to discuss serious problems of international law in the Americas, could

604 Annex 41

cause my Government to bring before the wise agreements of that Assembly the Bolivian
proposal aimed solely at finding a firm basis on wh ich to put the new rela tions and interests of
our respective countries and thereby solve one of the most serious problems affecting the peace

and harmony of this part of South America. But because the Fifth Pan-American Conference is
to be held in the capital of Ch ile, a basic sense of courtesy a nd consideration for your country
will prevent my Government from taking that action.

In this situation, Bolivia’s absence from the C ontinental Congress to be held in Santiago
is very excusable, and therefore, I regret to inform you, pursuant to the instructions I have
received from the Ministry of Foreign Affairs in La Paz, that Bolivia will not attend the Pan-

American Conference, much to its regret, but this does not constitute a hostile act towards your
Government, with which my Government desires to cultivate good and cordial relations.

I repeat to Your Excellency the assuran ce of my highest and most distinguished
consideration.

Ricardo Jaimes Freyre.

To His Excellency the Minister of Foreign

Affairs of the Republic of Chile

Hand Delivery.

605606 Annex 42

Protocol Regarding the Transfer of the Bolivian Section of the
Railroad from Arica to La Paz between Bolivia and Chile,

signed at Santiago on 2 February 1928

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), p 155

607Annex 42

608 Annex 42

I. –PROTOCOL REGARDING THE TRANSFER OF THE BOLIVIAN
SECTION OF THE RAILROAD FROM ARICA TO LA PAZ. - (RIOS
GALLARDO-ROJAS)
Signed in Santiago, Chile, on 2 February 1928.

“Meeting at the premises of the Ministry of Foreign Affairs of Chile, the
Honorable Conrado Ríos Gallardo, Minister of Foreign Affairs, and Casto Rojas,
Extraordinary Envoy and Plenipotentiary Minister of Bolivia, in order to establish
how they will comply with the provisions of Article 3 of the Treaty of 20 October
1904 and the Protocol of 13 May 1913, which set t he 13 May of this year as the date
of transfer to Bolivia of the Bolivian Section of the Railroad from Arica to La Paz,
duly authorized by their respective Governments, have agreed as follows:

First. – The transfer will be made to th e Special Commissioner appointed by
the Government of Bolivia, subject to a pr ior inventory inspection of the line, its
dependencies, stations, armoury and workshops , to be carried out in accordance with
Articles 3 of the Treaty of 1904 and 1 of the Protocol of 27 June 1905, pursuant to the

contract that the Government of Chile concluded with Sir John Jackson Ltd. Company
to build the aforementioned railroad, but the transfer will also include the ordinary
repair, maintenance and operation items that were not used or consumed before
13 May 1928.
Second. – For the purposes of complying w ith Article 1 above, the Inspector
General of Railways of Chile and the Director General of Public Works of Bolivia, by
a Special Commissioner from each party and auxiliary officers that they may

designate, will carry out in good time th e corresponding inventory inspection. The
Joint Commission will begin its work no later than next 1 March so that by 13 May all
inventories are completed and the Acts for the transfer and for taking possession of
the respective Section of the Railroad by Bolivia are ready.
Third. – A Commission composed of an engineer from each Party and the
assistants they may deem necessary, will c onduct a study of the technical conditions

for future management and will report to both Governments by 15 March, so they can
later agree, in the shortest possible time, whatever suits their interests, bearing in
particular mind the purposes of the Treaty of 1904; and

609Annex 42

Fourth. – To study the technical conditions of future management, both
Governments simultaneously designate Don Oswaldo Galecio, from the side of Chile,
and Don José Aguirre Achá, from the side of Bolivia, who will chair the Commission

referred to in Article 3.
For the record, they sign and stamp this Protocol in two copies, in Santiago, on
2 February 1928.”

(Signed) (L.S.). – Conrado Ríos Gallardo.

(Signed) (L.S.). – C. Rojas.

610 Annex 43

Act of Transfer of the Railroad from Arica to the Plateau of
La Paz – Bolivian Section between Bolivia and Chile, signed at

Viacha on 13 May 1928

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), p 157

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612 Annex 43

III. –ACT OF TRANSFER OF THE RAILROAD FROM ARICA TO THE
PLATEAU OF LA PAZ. – BOLIVIAN SECTION

Signed in Viacha, on 13 May 1928.

“In the city of Viacha, on 13 May 1928, engineers Messrs Osvaldo Galecio
Corvera, Manager of the Railroad from Arica to La Paz, Commissioner of the
Government of Chile, and Guillermo Valderrama Mérida, Commissioner of the
Government of Bolivia, with the powers granted to them by the Protocol of 7 May,
signed by the Extraordinary Envoy and Plenipotentiary Minister of Chile, His
Excellency Don Miguel Luis Rocuant, and the Minister of Foreign Affairs of Bolivia,
His Excellency Dr. Don Abel Iturralde, for the actual transfer of property of the

Bolivian Section of the Railroad from Arica to La Paz, agreed:

First. – Engineer Osvaldo Galecio Corvera, on behalf of the Government of
Chile, makes effective and formal transfer to engineer Guillermo Valderrama Mérida,
of the railway line comprising the Bolivian Section of the Railroad from Arica to the
Plateau of La Paz, its depe ndencies, stations, armoury and workshops in accordance
with Articles 1 and 2 of the Ríos Gallardo-Rojas Protocol of 2 February 1928, and the

inventories prepared by co mmissioned engineers, Messrs. Manuel Araya Valverde
and Guillermo Valderrama Mérida, and ap proved by engineers Messrs. Teodoro
Schmidt Quesada and Carlos Muñoz Roldán, Inspector General of Railways of Chile
and Director General of Public Works of Bolivia, respectively; inventories that are
part of this Act.
Second. – Engineer Mr. Guillermo Valderrama Mérida declares that he takes
effective and formal possession of the aforementioned Section of the Railway from

Arica to the Plateau of La Paz, on behalf of the Supreme Government of Bolivia and
according to the inventories mentioned above.
Third. – In accordance with the Protocol of 7 May 1928, the Bolivian
Commissioner makes available to the Chilean Commissioner the Bolivian Section of
the Railway from Arica to the Plateau of La Paz, for the purposes of its profitable use,
until next 13 July, and the Chilean Commissioner agrees to take charge of the
Bolivian Section, with the same delivery and receipt inventories.

For the record, they sign and stamp this Act, together with acting authorities
and officials of both countries, in two copies.
–(d.)– O. Galecio C. (L.S.). – Gmo. Valderrama M. (L.S.). – Hugo Ernst
Rivera. – M. Araya V.– C. Muñoz Roldán.– Juan Rivero T.– Pedro Michaelsen.– M.
Ríos Fabres.– D. Vanni”.

613614 Annex 44

Convention on Transit between Bolivia and Chile, signed at

Santiago on 16 August 1937

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), p 174

615Annex 44

616 Annex 44

CONVENTION ON TRANSIT

Signed in Santiago, Chile, on 16 August 1937.
Ratified in Santiago, on 9 July 1942.
Promulgated by Decree No. 1346 bis, on 25 July 1942.

The Governments of Chile and Bolivia, in light of the recommendation
contained in Agreement No 15 of the Final Act of the first Meeting of the Chilean-

Bolivian Joint Commission, mandated to study the economic relationship between the
two Republics, created by the Act signed in the Chilean Embassy in Buenos Aires on
23 December 1936, and aimed at facilitating the operations of transit between the two
countries, have determined to sign this Convention, and with this purpose they have
appointed the following Plenipotentiaries:
His Excellency, the President of the Republic of Chile, Mr Jorge Matte

Gormaz, President of the Chilean Delegation within the said Joint Commission;
His Excellency, Interim President of the Republic of Bolivia, Mr Alberto
Palacios, President of the Bolivian Commission on Economic Studies with Chile;
Which, after having submitted their fu ll powers, which were found to be
satisfactory, have agreed as to the following:

Article I

The Government of Chile, pursuant to Ar ticle VI of the Treaty of Peace and
Amity of 1904, recognizes and guarantees the broadest and freest transit through its
territory and major ports for people and cargo crossing its territory from or to Bolivia.
Among the Chilean-Bolivian provisions in force, free transit encompasses all

kinds of cargo, at any time, with no exceptions whatsoever.

Article II

Both Governments may keep at the ports or places where transit operations are
carried out, customs agents which, on behalf of the customs office of each country,
will have the power to give full and due effect to the present Convention.

In addition, Bolivian customs agents will have the powers granted to
commercial dispatchers, but without th e requirement to provide security. Customs
officials of both countries will enjoy, in th e territory where they serve, the protection
and benefits of national customs officials.
Such officials may delegate their duties in the manner and [subject to the]

limitations they deem appropriate, giving due notice to the customs office of the other
Party of the port or place in question.

Article III

Customs agents of Bolivia will take care and ensure that the transit of goods

through Chile to Bolivia is carried out in full and

617Annex 44

618 Annex 44

properly, taking all necessary measures they deem convenient and pursuant to the

procedures set forth below.
Article IV

For transit to Bolivia, the following procedure will be followed:

a) For reception purposes, goods will be declared at the Chilean customs office
for arrivals, separately from those bound for Chile.

Packages containing these g oods must carry on their ex terior and in a visible
way, apart from their marks, numbers, gross and net weight, the mark: “IN TRANSIT
TO BOLIVIA.”
b) Once the vessel is received by the Chilean customs office, it will hand to

the personnel of the Bolivian customs agency one or more samples of the manifest of
the cargo bound for that country.
c) Once the vessels are received by the Chilean customs office, personnel of
the Bolivian customs agency will have the authority to board the vessel to participate

in the supervision of the delivery and unloading of the goods bound for Bolivia, and
in the handling and control of the vessels, until they are received at the docks.
d) Once the cargo is unloaded at the docks, it will be handed by the Chilean
customs office to personnel of the Bolivian customs agency. Once the cargo is

received, it will become subject to the jurisdiction, care, supervision and
responsibility of the Bolivian customs agency.
Reception of the cargo will be carried out according to the instructions set out
in the manifest, free from any inspection other than of its exterior, and an attestation

of conformity or of any complaints or repa irs that took place at the Chilean customs
office will be recorded.
e) If at the moment of reception, the packages appear to be in poor condition
or there is evidence of them having been tampered with, the Bolivian customs agency

and the Chilean customs office will carry out, sua sponte or upon request of the
interested party, an inventory of these goods so that liability can be determined.
The same inventory will be carried out by customs agents of Bolivia, sua
sponte or upon request of the interested party, once the cargo has been unloaded or

taken to their warehouses or depos for internal administration.
f) The interested party, by itself or through its appointed agent according to the
laws of Bolivia, or through General Customs Agents authorized by the Chilean
Customs Supervisory Authority, will request the customs agency of that country to

send the goods to their destination, after fulfilling the documentation requirements set
forth in the applicable laws.
g) Among the documents referred to in the preceding paragraph, a copy of the
“BILL OF DEPARTURE” will be included, with the same information included in

the manifest and approved by the Bolivian customs agency, and it will serve for the
Chilean customs office to protect the goods from their departure from the warehouse
or depos until they are shipped. A record of shipment will serve as proof of
provisional release of the manifest of the vessel.
Should Bolivia-bound goods enter Chilean te rritory due to detours, theft,

nationalization of the cargo, or any other reason, the customs agency will provide all
relevant information, customs and commerc ial documents to the Chilean customs
office.
h) Goods whose direct shipment is reque sted by the interested party, will be

immediately handed by the Bolivian customs agency to the shipping company.

619Annex 44

620 Annex 44

The remaining cargo, subject to proper re ception and weight, mark, number and
quantity packaging control, will be taken to the warehous es or depos of the Bolivian
customs agency to reach its ultimate des tination in that country upon request of the
interested party.

i) The shipping companies, upon request of the interested party or its agents,
will submit a “BILL OF LADING” setting forth the marks, weight, content,
consignee, etc. of the goods to be transported, and will then load the cars and ship the
goods when the requirements established by this Convention are met.
Transport of the goods will be s upported by the releva nt “POSSESSION

LETTERS” and the “customs manifest” of the shipping company, issued in
conformity with Bolivian law. A copy of this manifest will remain in possession of
the Chilean customs office for the purpose of checking against the content of the
sealed compartments, that the goods have been taken to Bolivia.
At the border crossing, the customs au thorities of both countries will examine
the condition of the seals and customs mark of each compartment, leave a written note

of their findings, and send them to the relevant Chilean customs office.
j) The Chilean customs office will permanently cancel the manifest of the
vessel with the corresponding receipt from the Bolivian customs office, certified in
the “customs manifest” of the shipping company.
Failure to comply with this formality within the mutually agreed periods by

the superior customs authorities of both countries will result in payment of applicable
fees to the Chilean customs office, where it is assumed that the goods remained in
Chilean territory and it has not been determined who was responsible for their theft or
loss.

Article V

For transit from Bolivia, the procedure will be the following:

a) The goods will be declared to th e Chilean customs o ffice for arrivals,
separately from those bound for Chile, for reception purposes.
Once the shipment is received by the Chilean customs office at the border, it

will lock the compartments and send to the port customs office the received manifest,
with information on the locked compartments, etc.
b) The export of Bolivian products thr ough Chilean ports will be carried out
by the respective customs office, with no formality other than comparing at the docks
the marks, numbers and quantity of the packages specified in the manifest and the

Railway Possession Letter; one of these do cuments must be sent to the Chilean
customs office. If the products need not be shipped immediately, they will be stored in
the transit warehouses of the Bolivian customs agencies.
c) For the reshipment of Bolivian produ cts stored in the transit warehouses of
the Bolivian customs agencies, a standard policy will be issued, and a copy of this

document will be sent to the Chilean customs office.

Article VI

The warehouses, yards and depos of the Bolivian customs agencies in which
in-transit cargo is stored, will be locked twice: once by personnel of the customs
agency of Bolivia and once by the Chilean customs office.

621Annex 44

622 Annex 44

Article VII

Transport of the cargo will be carried out in sealed and locked storage wagons
by the Bolivian Customs Agency and the Chilean customs office, authorizing the use

of platforms and trollies only for the trans port of goods whose size or exterior
conditions prevents them from fitting in the storage wagons.

Article VIII

Baggage of passengers travelling to Bolivia, and of those from Bolivia that are
travelling abroad, will be dispatched in tran sit, and the customs authorities will limit
themselves to handing them to the railway or aerial carrier, duly sealed.

Passengers requesting from the customs authorities the partial or full retrieval
of luggage from the warehouses of the Bolivian customs agency must comply with
relevant Chilean laws and regulations.

Article IX

Goods in transit may not remain in the warehouses or depos of the Bolivian
customs agency for a period longer than ONE YEAR, from the date of submission of

the manifest of the vessel. Upon expiration of the term, the Directorate General of the
Bolivian customs office will order their ship ment to the country or their delivery to
the Chilean customs office so the goods can be auctioned as abandoned goods.

Article X

Goods in transit from or to Bolivia ma y be shipped for consumption in Chile,
upon request of the interested parties on a reciprocal basis; Chile-bound goods may

also be shipped in transit to Bolivia, upon request of the interested parties.

Article XI

At the border, cattle of any kind and ra w goods of each of the contracting
parties, subject to the value and weight limitations agreed by the superior Customs
Authorities of both countries and subject to the restrictions or bans imposed for
sanitary or other reasons by the relevant laws, may enter into the territory of the other

without any formality, and dispatched w ith just a written ma nifestation at the
respective customs office, with the information that the customs office deems
necessary.

Article XII

For the import of fish, seafood and cr ustaceans, whether fresh or frozen,

customs dispatch will be carried out with the mere delivery of the commercial receipt,
which must carry a free seal of consular approval; and for railway dispatch, delivery
of the free manifest will suffice.
Customs procedures of these imports will be reduced in Bolivia to:
a) Making an advance deposit of a sum equivalent to the customs fees;

623Annex 44

b) Customs documentation will be reduced to the submission of a subsequent
Act of valuation, without the need for intervention by a customs dispatcher;

c) The same procedure will apply for the importation of fresh fruit and
vegetables from both countri es, as long as the appli cable provisions for vegetable
sanitation are complied with.

Article XIII

The superior customs authorities from both countries will meet once a year
with the purpose of agreeing or recommending regulatory measures with the purpose
of ensuring the best enforcement of this Convention, taking into account the
commercial, transport, etc. needs practice may demand.

Article XIV

The present Convention will have an i ndefinite term of duration, and the
Contracting Parties may repeal it at any time with one year’s notice. It will be ratified
and the ratifications will be exchanged in Santiago, in the shortest time possible.
In witness whereof, the respective Plenipotentiaries sign and seal the present
Convention in two copies, 10 August 1937.

(Signed) Jorge Matte.

(Signed) Alberto Palacios.

624 Annex 45

Documents relating to the preferential treatment given to Bolivia
in Chilean ports and in transit across Chilean territory

Annex 45 (A)

Chilean Circular No 36 on the collection of taxes on revenue

relating to persons and goods in transit from or to Bolivia,
20 June 1951
(Original in Spanish, English translation)

Chile, Directorate-General of the Internal Tax Administration

625Annex 45

CIRCULAR Nº36 DEL 20 DE JUNIO DE 1951 Page 1 of 2

Home | Años Anteriores

CIRCULAR Nº36 DEL 20 DE JUNIO DE 1951

MATERIA : SOBRE COBRO DE IMPUESTO A LA CIFRA DE LOS NEGOCIOS RESPECTO AL
TRANSITO DE PERSONAS Y MERCADERIAS DE O PARA BOLIVIA

El Gobierno de Bolivia presentó últimamente al Ministerio de Relaciones de Chile, un reclamo por el cobro
del impuesto a la cifra de los negocios respecto a los servicios prestados a pasajeros o mercaderías en
tránsito de o para Bolivia.

El citado Ministerio en oficio confidencial N° 45 de 18 del actual, enviado a esta Dirección General,
transcribe el N° 11 dirigido al Ministerio de Hacienda y que dice lo siguiente sobre la materia:

" Me refiero a mi oficio confidencial N° 8, de fecha 17 de Abril ppdo., por el cual solicité a US. que "tuviera
a bien ordenar la suspensión del cobro del Impuesto a la Cifra de los Negocios sobre las tarifas
"correspondientes a servicios que ciertas Empresas ( Ferrocarril de Arica a la Paz, Ferrocarril de
"Antofagasta a Bolivia, Despachadores de Aduanas, etc.), prestan a los pasajeros y mercaderías en
"tránsito de o para Bolivia.

" De acuerdo con la petición extraoficial formulada a este Ministerio por un Abogado de la Dirección
"General de Impuestos Internos, cúmpleme manifestar a US. que la solicitud hecha por mi oficio

"confidencial N° 8, tuvo como fundamento esencial que la imposición de cualquiera clase de gravamen o
"impuesto, tanto directo como indirecto, significaba una limitación al "libre tránsito comercial" que "nuestro
país reconoció a la República de Bolivia en el artículo 6° del Tratado de Paz, Amistad y "Comercio de
1904, que dice:

" La República de Chile reconoce en favor de la de Bolivia, y a perpetuidad, el más amplio y
libre derecho de tránsito comercial por su territorio y puertos del Pacífico."

" A su vez, el Artículo 1° de la Convención de Tráfico comercial, suscrita en Santiago el 6 de Agosto de
"1912, expresa:

" El Gobierno de Chile, en conformidad al Artículo 6° del Tratado de Paz, Amistad y
Comercio de 1904, garantiza al libre tránsito por su territorio de las mercaderías extranjeras
que se desembarquen con destino a Bolivia, o que, procedentes de este país se embarquen
para el extranjero por todos los puertos mayores de la República."

" Finalmente, el Artículo 1° de la Convención sobre Tránsito, expresa:

" El Gobierno de Chile, de conformidad al Artículo VI del Tratado de Paz, Amistad y
Comercio de 1904, reconoce y garantiza el más amplio y libre tránsito a través de su
territorio y puertos mayores para las personas y carga que crucen por su territorio de o para
Bolivia.

Dentro de las estipulaciones chileno-bolivianas vigentes el libre tránsito comprende toda
clase de carga y en todo tiempo son excepción alguna."

"De acuerdo con las disposiciones transcritas anteriormente y ampliando mi oficio confidencial N° 8,
"cúmpleme manisfestar a US. que este Ministerio estima que deben suspenderse todos aquellos cobros
"que correspondan a impuestos u otros gravámenes que puedan constituir una violación de los Tratados
"vigentes con la República de Bolivia."

----------o----------

De acuerdo con lo anterior y en cumplimiento de los compromisos internacionales del Gobierno de Chile
para con el de Bolivia, que reconocen y garantizan el más amplio y libre tránsito, a través del territorio
chileno, de las personas y carga de o para Bolivia estas quedan libres de todo impuesto, que pueda
afectarles directa o indirectamente.

Conforme con estos principios están exentas de impuesto, las empresas ferroviarias sobre el valor de los
pasajes y fletes de personas y carga, en tránsito, de o para Bolivia;

626 Annex 45

CIRCULAR NO. 36 OF 20 JUNE 1951

SUBJECT: ON THE COLLECTION OF TAXES ON REVENUE RELATING TO
PERSONS AND GOODS IN TRANSIT FROM OR TO BOLIVIA

The Bolivian Government has recently filed a complaint with the Chilean Ministry of [Foreign]
Affairs regarding the payment of taxes on revenu e relating to services supplied in connection
with passengers or goods in transit from or to Bolivia.

By means of Confidential Communication No. 45 of 18 June addresse d to this General
Secretariat, the Chilean Ministry of [Foreign] Affairs reproduced Communication No. 11

addressed to the Ministry of Finance, which provides as follows on the matter:

“Reference is here made to my Confidentia l Communication No. 8 of 17 April, whereby you
were requested to order the suspension of the co llection of any taxes on revenue relating to fees
for services supplied by some companies (the train from Arica to La Paz, the train from
Antofagasta to Bolivia, clearing and forwarding agents, etc.) in connection with passengers and

goods in transit from or to Bolivia.
In conformity with the unofficial petition submitted to this Ministry by an attorney from the

General Secretariat of the Internal Revenue Service, this is to inform you that the request made
through my Confidential Communication No. 8 was grounded mainly on the fact that any type of
direct and indirect tax or levy entailed a restriction to the ‘free commercial transit’ recognized by
Chile in favor of the Republic of Bolivia under Article 6 of the 1904 Treaty of Peace, Friendship

and Commerce, which provides that:
‘The Republic of Chile recognizes in favor of Bolivia in perpetuity the fullest and most

unrestricted right of commercial transit in its territory and its Pacific ports.’

Likewise, Article 1 of the Conve ntion on Commercial Traffic signed in Santiago on 6 August
1912 provides that:

‘The government of Chile, pursuant to ar ticle 6 of the Treaty of Peace of 1904,
guarantees free transit of foreign goods bound for Bolivia through its territory, and of
goods that, coming from Bolivia, are intended to be shipped abroad via all major ports of
the Republic.’

Finally, Article 1 of the Convention on Transit sets forth that:

‘The Government of Chile, pursuant to Article VI of the Treaty of Peace and Amity of
1904, recognizes and guarantees the broadest and freest transit through its territory and

major ports for people and cargo crossing its territory from or to Bolivia.

Among the Chilean-Bolivian provisions in for ce, free transit encompasses all kinds of
cargo, at any time, with no exceptions whatsoever.’

Pursuant to the provisions tr anscribed above and extending the scope of my Confidential
Communication No. 8, this is to inform you that this Ministry deems that the collection of all
taxes or charges that may constitute a violation of the Treaties now in force signed with the
Republic of Bolivia, must be suspended.”

------------o------------

In light of the foregoing and in compliance with the international undertakings assumed by the
Chilean Government towards Bolivia recognizing and guaranteeing the broadest free transit

through the Chilean territory of persons and cargo from or to Bolivia , it is hereby resolved that
all such transactions are exempt from direct or indirect taxes.

Based on the above principles, railway companies are exempted from payment of the taxes
levied upon tickets and freight for the transport of persons and cargo in transit from or to Bolivia;

627Annex 45

CIRCULAR Nº36 DEL 20 DE JUNIO DE 1951 Page 2 of 2

Los telegramas cursados para Bolivia por medio de instalaciones en Chile;

Los bodegajes, estadía de carros, etc., correspondientes a mercaderías en tránsitor territorio nacional;

El despacho de mercaderías de Aduana, servicios de embarque, desembarque, muellaje, lanchaje,
transporte, etc., de especies en tránsito

Comisiones percibidas por los Agentes despachadores de Aduana relacionados con la recepción y
reexpedición de mercaderías en tránsito de o para Bolivia;

En igual situación quedan los equipajes de pasajeros y encomiendas en tránsito.-

La exención es para el tránsito de o para Bolivia que se haga por territorio Chileno y puertos del Pacífico,
sinlimitaciónaunouotrospuertos.

No alcanzan estos beneficios a la carga y pasajeros de Chile para Bolivia o vice-versa; ya que, en estos
casos, no puede decirse que estén en tránsito por territorio Chileno.

Sírvase, pues, dar estricto cumplimiento a estas instrucciones y ponerlas en conocimiento de los

interesados.

Esa zona comunicará a esta Dirección General si existen cobros pendientes, indicando las características
de los órdenes de recepción giradas, para proceder a su anulación.

Dios guarde a Ud.-

DIRECTOR

ALPERSONAL

628 Annex 45

Telegrams sent to Bolivia using facilities located in Chile;

Storage fees, wagon demurrage charges, etc. in connection with goods in transit through the

national territory;
Forwarding of goods at customs points, shipment and landing charges, wharfage, freight charges,

transport, etc. of goods in transit;

Commissions paid to clearing and forwarding agents for the receipt and forwarding of goods in
transit from or to Bolivia;

Passengers’ luggage and parcels in transitfall into the same situation.

The exemption above applies in transit from or to Bolivia through Chilean territory and all ports
on the Pacific.

The exemption does not apply to cargo and passengers from Chile to Bolivia or vice versa, on
account that in such cases it cannot be said that they are in transit through Chilean territory.

Strictly comply with these instructions and notify them to all relevant parties.

This General Secretariat will be informed of any amounts pending payment, including the
characteristics of receipt orders already issued, in order to annul them.

Sincerely,

DIRECTOR

TO THE STAFF

629Annex 45

630 Annex 45

Annex 45 (B)

Agreement on Economic Complementation between Bolivia and
Chile, signed at Santa Cruz de la Sierra on 6 April 1993
(extracts)

(Original in Spanish, English translation)

Latin American Integration Association (ALADI), ALADI/AAP.CE/22,
11 June 1993, p 1

631Annex 45

632 Annex 45

A GREEMENT ON ECONOMIC ALADI/AAP.CE/22

C OMPLEMENTATION BETWEEN BOLIVIA AND 11 June 1993

C HILE

The Government of the Republic of Bolivia and the Government of the Republic of
Chile,

CONSIDERING:

The need to strengthen Latin America’s integration process in pursuit of the objectives
of the 1980 Treaty of Montevideo, through the execution of bila teral and multilateral
agreements that are as broad as possible;

The active participation of Bolivia and Chile in the Latin American Integration
Association (LAIA), as signatories of the Treaty;

The advantages of making the best use of the mechanisms for negotiation established in
the 1980 Treaty of Montevideo;

The provisions of the 1980 Treaty of Montev ideo, which offer a differential and more
favorable treatment to the Republic of Boliv ia on account that it is a relatively less
developed country;

The coincidences in the opening of the economy and trade of both countries, with
regard to customs tariffs and the eliminatiof non-tariff restrictions, as well as the
basic direction of their economic policies;

The importance of adequate cooperation in the areas of goods and services for the
economic development of the signatory countries;

The convenience of achieving higher participation by the economic agents of the
signatory countries through the implementati on of clear and predictable guidelines for
the development of trade and investment;

633Annex 45

634 Annex 45

NOW, THEREFORE, the parties execute this Economic Complementarity Agreement
pursuant to the 1980 Treaty of Montevideo and Resolution 2 of the Council of Ministers
of the LAFTA, subject to the following terms and conditions:

…

CHAPTER II
LIBERALIZATION SCHEDULE

Article 2 The signatory countries agree to grant preferential tariffs as follows:

a) Chile grants Bolivia tariff concessionon a non-reciprocal basis for imports
from that country, the classificationeatment and conditions of which are
specified in Annex I hereto.

b) The signatory countries agree to make the importation of the products specified
in Annexes II and III hereto free from any levies, taxes or other charges.

635Annex 45

636 Annex 45

c) Annex IV specifies the items enjoying tariff preferences under the Partial Scope
Agreement between Bolivia and Chile under the LAIA, which have not been
revised and improved in this Agreement in favor of either of these countries and,
therefore, the current preferences remain in full force and effect.

d) Upon negotiation, the signatory count ries may mutually agree to add new

products to Annexes II and III, and revi se and improve the tariff preferences
specified in Annex IV hereto.

637Annex 45

Executed in the City of Santa Cruz de la Sierra, Republic of Bolivia, on 6 April 1993 in
two certified originals.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
REPUBLIC OF BOLIVIA REPUBLIC OF CHILE

[Signature] [Signature]

Ronald MacLean Abaroa Enrique Silva Cimma

MINISTER OF FOREIGN AFFAIRS MINISTER OF FOREIGN AFFAIRS
AND WORSHIP

638Annex 45

639Annex 45

Anexo N°1 - Bolivia

Código : 0601.10.000601.10.00

Descripción : BULBOS, CEBOLLAS, TUBERCULOS, RAICES TUBEROSAS,
GARRAS Y RIZOMAS, EN REPOSO VEGETATIVO

100 %. CUPO ANUAL US$ 1 MILLON. EN CONJUNTO CON
Arancel(es) : LOS ITEM 0601.20.00, 4001.29.10, 4002.91.10,

4002.91.20, 4002.91.90
Código : 0601.20.000601.20.00

Descripción : BULBOS, CEBOLLAS, TUBERCULOS, RAICES TUBEROSAS,
GARRAS Y RIZOMAS, EN VEGETACION O EN FLOR;

PLANTAS Y RAICES DE ACHICORIAS
Arancel(es) : 100 %. CUPO ANUAL CONJUNTO CON ITEM 0601.10.00

Código : 1507.90.001507.90.00

Descripción : LOS DEMAS ACEITES DE SOYA
100 %. REFINADOS; CUPO ANUAL US$ 10 MILLONES EN

Arancel(es) : CONJUNTO CON ITEM 1512.19.10. LA PREFERENCIA SE
APLICA SOLO AL DERECHO AD VALOREM

Código : 1512.19.101512.19.10

Descripción : ACEITE DE GIRASOL
100 %. REFINADO; VER CUPO ASIGNADO AL ITEM

Arancel(es) : 1507.90.00. LA PREFERENCIA SE APLICA SOLO AL
DERECHO AD VALOREN

Código : 2304.00.002304.00.00
Descripción : TORTA Y DEMAS RESIDUOS SOLIDOS DE LA EXTRACCION

DEL ACEITE DE SOJA (SOYA), INCLUSO MOLIDOS O EN
"PELLETS"

Arancel(es) : 100 %. TORTA DE SOYA. CUPO ANUAL 65.000
TONELADAS

Código : 2503.90.002503.90.00

Descripción : LAS DEMAS FORMAS DE AZUFRE
100 %. REFINADO, ESTADO MINIMO DE PUREZA DE 99,5
Arancel(es) :
%. CUPO ANUAL US$ 1 MILLON
Código : 4001.29.104001.29.00

Descripción : CAUCHO NATURAL EN HOJAS Y CREPE

Arancel(es) : 100 %. HOJAS DE CREPE. VER CUPO ASIGNADO AL ITEM
0601.10.00

Código : 4002.91.104002.91.00

Descripción : LATEX DE CAUCHO ACRILONITRILO-CLOROBUTADIENO
(NCR)

Arancel(es) : 100 %. LATEX CENTRIFUGADO. VER CUPO ASIGNADO AL
ITEM 0601.10.00

Código : 4002.91.204002.91.00
Descripción : TIOPLASTOS

640 Annex 45

Annex 1 – Bolivia

Code: 0601.10.000601.10.00

Description: Bulbs, onions, tubers, tuberous roots, rhizomes, in dormant state

Tariff(s): 100%. Annual quota USD 1 million. Together with items 0601.20.00,
4001.29.10, 4002.91.10, 4002.91.20, 4002.91.90

Code: 0601.20.000601.20.00

Description: Bulbs, onion, tubers, tuberous roots, rhizomes, in growth or in flower; chicory

plants and roots
Tariff(s): 100%. Annual quota together with item 0601.10.00

Code: 1507.90.001507.90.00

Description: Other soybean oils

Tariff(s): 100%. Refined; Annual quota USD 10 million together with item 1512.19.10.
The preference is only applied to ad valorem duties

Code: 1512.19.101512.19.10

Description: Sunflower oil

Tariff(s): 100%. Refined; see quota for item 1507.90.00. The preference only applies to
ad valorem duties

Code: 2304.00.002304.00.00

Description: Cake and other solid waste from soybean oil extraction, including ground or in
pellets

Tariff(s): 100%. Soybean cake. Annual quota 65,000 tons

Code: 2503.90.002503.90.00

Description: Other forms of sulfur

Tariff(s): 100%. Refined, minimum purity 99.5%. Annual quota USD 1 million

Code: 4001.29.104001.29.00

Description: Natural rubber or sheet rubber

Tariff(s): 100%. Sheet rubber. See quota for item 0601.10.00

Code: 4002.91.104002.91.00

Description: Acrylonitrile-Chlorobutadiene (NCR) rubber latex

Tariff(s): 100%. Centrifuged latex. See quota for item 0601.10.00

Code: 4002.91.204002.91.00

Description: Thioplasts

641Annex 45

100 %. LATEX CENTRIFUGADO. VER CUPO ASIGNADO AL
Arancel(es) : ITEM 0601.10.00

Código : 4002.91.904002.91.00

Descripción : LOS DEMAS LATEX DE CAUCHO
100 %. LATEX CENTRIFUGADO. VER CUPO ASIGNADO AL
Arancel(es) :
ITEM 0601.10.00

Código : 4819.10.004819.10.00
Descripción : CAJAS DE PAPEL O CARTON CORRUGADO (ONDULADO)

Arancel(es) : 100 %. CUPO ANUAL US$ 300 MIL

Código : 4819.20.004819.20.00
Descripción : CAJAS Y CARTONAJES, PLEGABLES, DE PAPEL O CARTON,

SIN CORRUGAR (ONDULAR)
Arancel(es) : 100 %. CUPO ANUAL US$ 300 MIL

Código : 4819.30.004819.30.00

Descripción : SACOS (BOLSAS) CON UNA ANCHURA EN LA BASE
SUPERIOR O IGUAL A 40 CM.

100 %. SACOS O BOLSAS, MULTIPLIEGOS. CUPO ANUAL
Arancel(es) : US$ 300 MIL

Código : 5201.00.005201.00.00

Descripción : ALGODON SIN CARDAR NI PEINAR
Arancel(es) : 100 %. CUPO ANUAL US$ 4 MILLONES

Código : 5205.22.105205.22.00

Descripción : HILADOS DE ALGODON SENCILLOS DE FIBRAS
PEINADAS, CRUDOS, DE TITULO INFERIOR A 714,29

DECITEX PERO SUPERIOR O IGUAL A 232,56 DECITEX
(SUPERIOR AL NUMERO METRICO 14 PERO INFERIOR O
IGUAL AL NUMERO METRICO 43)

100 %. CUPO ANUAL US$ 2 MILLONES EN CONJUNTO
CON LOS ITEM 5205.22.90, 5205.23.10, 5205.23.90,
Arancel(es) :
5205.25.10, 5205.25.90, 5205.32.10, 5205.32.90,
5205.33.10, 5205.33.90.

Código : 5205.22.905205.22.00
Descripción : LOS DEMAS HILADOS DE ALGODON SENCILLOS DE

FIBRAS PEINADAS, EXCEPTO CRUDAS, DE TITULO
INFERIOR A 714,29 DECITEX PERO SUPERIOR O IGUAL A
232,56 DECITEX (SUPERIOR AL NUMERO METRICO 14

PERO INFERIOR O IGUAL AL NUMERO METRICO 43)
Arancel(es) : 100 %. VER CUPO ASIGNADO AL ITEM 5205.22.10

Código : 5205.23.105205.23.00

Descripción : HILADOS DE ALGODON SENCILLOS DE FIBRAS
PEINADAS, CRUDOS, DE TITULO INFERIOR

5205.23.105205.23.00 %. HILADOS DE ALGODON
Arancel(es) : SENCILLOS DE FIBRAS PEINADAS, CRUDOS, DE TITULO
INFERIOR

Código : 5205.23.905205.23.00

642 Annex 45

Tariff(s): 100%. Centrifuged latex. See quota for item 0601.10.00

Code: 4002.91.904002.91.00

Description: Other rubber latex

Tariff(s): 100%. Centrifuged latex. See quota for item 0601.10.00

Code: 4819.10.004819.10.00

Description: Corrugated (undulated) cardboard or paper boxes

Tariff(s): 100%. Annual quota USD 300,000

Code: 4819.20.004819.20.00

Description: Boxes and cardboard products, foldable, paper or cardboard, uncorrugated

Tariff(s): 100%. Annual quota USD 300,000

Code: 4819.30.004819.30.00

Description: Sacks (bags) with base width equal to or greater than 40 cm

Tariff(s): 100%. Multiwall sacks or bags. Annual quota USD 300,000

Code: 5201.00.005201.00.00

Description: Uncarded, uncombed cotton

Tariff(s): 100%. Annual quota USD 4,000,000

Code: 5205.22.105205.22.00

Description: Single cotton yarns of combed fibers, raw, measuring less than 714.29 decitex
but not less than 232.56 decitex (exceeding metric number 14 but not

exceeding metric number 43)

Tariff(s): 100%. Annual quota USD 2 million together with items 5205.22.90,
5205.23.10, 5205.23.90, 5205.25.10, 5205.25.90, 5205.32.10, 5205.32.90,
5205.33.10, 5205.33.90

Code: 5205.22.905205.22.00

Description: Other single cotton yarns of combed fibers, except raw, measuring less than

714.29 decitex but not less than 232.56 decitex (exceeding metric number 14
but not exceeding metric number 43)

Tariff(s): 100%. See quota for item 5205.22.10

Code: 5205.23.105205.23.00

Description: Single cotton yarns of combed fibers, raw, of inferior quality

5205.23.105205.23.00 %. Single cotton yarns of combed fibers, raw, of
Tariff(s):
inferior quality

Code: 5205.23.905205.23.00

643Annex 45

Descripción : LOS DEMAS HILADOS DE ALGODON SENCILLOS DE
FIBRAS PEINADAS, EXCEPTO CRUDAS, DE TITULO

INFERIOR
5205.23.905205.23.00 %. LOS DEMAS HILADOS DE

Arancel(es) : ALGODON SENCILLOS DE FIBRAS PEINADAS, EXCEPTO
CRUDAS, DE TITULO INFERIOR

Código : 5205.25.105205.25.00

Descripción : HILADOS DE ALGODON SENCILLOS DE FIBRAS
PEINADAS, CRUDOS, DE TITULO INFERIOR A 125
DECITEX (SUPERIOR AL NUMERO METRICO 80)

Arancel(es) : 100 %. VER CUPO ASIGNADO AL ITEM 5205.22.10

Código : 5205.25.905205.25.00
Descripción : LOS DEMAS HILADOS DE ALGODON SENCILLOS DE

FIBRAS PEINADAS, EXCEPTOS CRUDOS, DE TITULO
INFERIOR A 125 DECITEX (SUPERIOR AL NUMERO
METRICO 80)

Arancel(es) : 100 %. VER CUPO ASIGNADO AL ITEM 5205.22.10

Código : 5205.32.105205.32.00
Descripción : HILADOS DE ALGODON RETORCIDOS O CABLEADOS, DE

FIBRAS SIN PEINAR, CRUDOS, DE TITULO INFERIOR A
714,29 DECITEX PERO SUPERIOR O IGUAL A 232,56
DECITEX, POR HILO SENCILLO (SUPERIOR AL N§

METRICO 14 PERO INFERIOR O IGUAL AL N§ METRICO
43, POR HILO SENCILLO)

Arancel(es) : 100 %. VER CUPO ASIGNADO AL ITEM 5205.22.10

Código : 5205.32.905205.32.00
Descripción : LOS DEMAS HILADOS DE ALGODON RETORCIDOS O

CABLEADOS,DE FIBRAS SIN PEINAR,EXCEPTO
CRUDOS,DE TITULO INFERIOR A 714,29 DECITEX PERO
SUPERIOR O IGUAL A 232,56 DECITEX,POR HILO

SENCILLO(SUPERIOR AL N§ METRICO 14 PERO INFERIOR
O IGUAL AL N§ METRICO 43,POR HILO100VER CUPO
ASIGNADO AL ITEM 5205.22.10

5205.32.905205.32.00 %. LOS DEMAS HILADOS DE
ALGODON RETORCIDOS O CABLEADOS,DE FIBRAS SIN

PEINAR,EXCEPTO CRUDOS,DE TITULO INFERIOR A
Arancel(es) : 714,29 DECITEX PERO SUPERIOR O IGUAL A 232,56
DECITEX,POR HILO SENCILLO(SUPERIOR AL N§ METRICO

14 PERO INFERIOR O IGUAL AL N§ METRICO 43,POR
HILO100VER CUPO ASIGNADO AL ITEM 5205.22.10

Código : 5205.33.105205.33.00
Descripción : HILADOS DE ALGODON RETORCIDOS O CABLEADOS,DE

FIBRAS SIN PEINAR,CRUDOS,DE TITULO INFERIOR A
232,56 DECITEX PERO SUPERIOR O IGUAL A 192,31
DECITEX,POR HILO SENCILLO(SUPERIOR AL NUMERO

METRICO 43 PERO INFERIOR O IGUAL AL NUMERO
METRICO 52,POR HILO SENCILLO)100VER CUPO
ASIGNADO AL ITEM 5205.22.10

644 Annex 45

Description: Other single cotton yarns of combed fibers, except raw, of inferior quality

Tariff(s): 5205.23.905205.23.00 %. Other single cotton yarns of combed fibers, except

raw, of inferior quality
Code: 5205.25.105205.25.00

Description: Single cotton yarns of combed fibers, raw, measuring less than 125 decitex
(exceeding metric number 80)

Tariff(s): 100%. See quota for item 5205.22.10

Code: 5205.25.905205.25.00

Description: Other single cotton yarns of combed fibers, except raw, measuring less than

125 decitex (exceeding metric number 80)
Tariff(s): 100%. See quota for item 5205.22.10

5205.32.105205.32.00
Code:

Description: Multiple or cabled cotton yarns of uncombed fibers, raw, measuring less than
714.29 decitex but not less than 232.56 decitex per single yarn (exceeding

metric number 14 but not exceeding metric number 43 per single yarn)
Tariff(s): 100%. See quota for item 5205.22.10

Code: 5205.32.905205.32.00

Description: Other multiple or cabled cotton yarns of uncombed fibers, except raw,
measuring less than 714.29 decitex but not less than 232.56 decitex per single

yarn (exceeding metric number 14 but not exceeding metric number 43 per
single yarn). See quota for item 5205.22.10

Tariff(s): 5205.32.905205.32.00%. Other multiple or cabled cotton yarns of uncombed
fibers, except raw, measuring less than 714.29 decitex but not less than 232.56

decitex per single yarn (exceeding metric number 14 but not exceeding metric
number 43 per single yarn). See quota for item 5205.22.10

Code: 5205.33.105205.33.00

Description: Multiple or cabled cotton yarns of uncombed fibers, raw, measuring less than
232.56 decitex but not less than 192.31 decitex per single yarn (exceeding

metric number 43 but not exceeding metr ic number 52 per single yarn). See
quota for item 5205.22.10

645Annex 45

5205.33.105205.33.00 %. HILADOS DE ALGODON
RETORCIDOS O CABLEADOS,DE FIBRAS SIN

PEINAR,CRUDOS,DE TITULO INFERIOR A 232,56 DECITEX
Arancel(es) : PERO SUPERIOR O IGUAL A 192,31 DECITEX,POR HILO
SENCILLO(SUPERIOR AL NUMERO METRICO 43 PERO

INFERIOR O IGUAL AL NUMERO METRICO 52,POR HILO
SENCILLO)100VER CUPO ASIGNADO AL ITEM 5205.22.10

Código : 5205.33.905205.33.00
Descripción : LOS DEMAS HILADOS DE ALGODON RETORCIDOS O

CABLEADOS,DE FIBRAS SIN PEINAR,EXCEPTO
CRUDOS,DE TITULO INFERIOR A 232,56 DECITEX PERO
SUPERIOR O IGUAL A 192,31 DECITEX,POR HILO

SENCILLO(SUPERIOR AL N§ METRICO 43 PERO INFERIOR
O IGUAL AL N§ METRICO 52,POR HILO100VER CUPO
ASIGNADO AL ITEM 5205.22.10

5205.33.905205.33.00 %. LOS DEMAS HILADOS DE
ALGODON RETORCIDOS O CABLEADOS,DE FIBRAS SIN

PEINAR,EXCEPTO CRUDOS,DE TITULO INFERIOR A
Arancel(es) : 232,56 DECITEX PERO SUPERIOR O IGUAL A 192,31
DECITEX,POR HILO SENCILLO(SUPERIOR AL N§ METRICO

43 PERO INFERIOR O IGUAL AL N§ METRICO 52,POR
HILO100VER CUPO ASIGNADO AL ITEM 5205.22.10

Código : 6908.10.006908.10.00
Descripción : BALDOSAS, CUBOS, DADOS Y ARTICULOS SIMILARES,

INCLUSO DE FORMA DISTINTA A LA CUADRADA O
RECTANGULAR, EN LOS QUE LA SUPERFICIE MAYOR
PUEDA INSCRIBIRSE EN UN CUADRADO DE LADO

INFERIOR A 7 CM.
100 %. BALDOSAS DE CERAMICA, BARNIZADAS O
Arancel(es) :
ESMALTADAS. CUPO ANUAL US$ 100 MIL
Código : 8003.00.108003.00.00

Descripción : BARRAS DE ESTA¥O

100 %. CUPO ANUAL US$ 1 MILLON EN CONJUNTO CON
Arancel(es) : EL ITEM 8003.00.30

Código : 8003.00.308003.00.00

Descripción : ALAMBRES DE ESTA¥O
Arancel(es) : 100 %. VER CUPO ASIGNADO AL ITEM 8003.00.10

Código : 1507.10.001507.10.00

Descripción : ACEITE DE SOYA EN BRUTO

Arancel(es) : 30 %. CUPO 22.000 TN METRICAS VIGENTE ENTRE EL 1
DE JULIO Y 31 DE DICIEMBRE DE CADA A¥O

Código : 1512.11.101512.11.10
Descripción : ACEITE DE GIRASOL EN BRUTO

30 %. VIGENTE ENTRE EL 1 DE JULIO Y 31 DE
Arancel(es) : DICIEMBRE DE CADA A¥O

Código : 2923.20.002923.20.10

646 Annex 45

Tariff(s): 5205.33.105205.33.00%. Multiple or cabled cotton yarns of uncombed fibers,

raw, measuring less than 232.56 decitex but not less than 192.31 decitex per
single yarn (exceeding metric number 43 but not exceeding metric number 52
per single yarn). See quota for item 5205.22.10

Code: 5205.33.905205.33.00

Description: Other multiple or cabled cotton yarns of uncombed fibers, except raw,

measuring less than 232.56 decitex but not less than 192.31 decitex per single
yarn (exceeding metric number 43 but not exceeding metric number 52 per

single yarn). See quota for item 5205.22.10
Tariff(s): 5205.33.905205.33.00%. Other multiple or cabled cotton yarns of uncombed

fibers, except raw, measuring less than 232.56 decitex but not less than 192.31
decitex per single yarn (exceeding metric number 43 but not exceeding metric

number 52 per single yarn). See quota for item 5205.22.10
Code: 6908.10.006908.10.00

Description: Tiles, cubes, blocks and simi lar products, even if not square or oblong, if the
largest surface area can be enclosed in a square with sides less than 7 cm.

Tariff(s): 100%. Ceramic tiles, varnished or glazed. Annual quota USD 100,000

Code: 8003.00.108003.00.00

Description: Tin bars

Tariff(s): 100%. Annual quota USD 1 million together with item 8003.00.30

Code: 8003.00.308003.00.00

Description: Tin wire

Tariff(s): 100%. See quota for item 8003.00.10

Code: 1507.10.001507.10.00

Description: Crude soybean oil

Tariff(s): 30%. Quota 22,000 metric tons valid between 1 July and 31 December each

year

Code: 1512.11.101512.11.10

Description: Crude sunflower oil

Tariff(s): 30%. Valid between 1 July and 31 December each year

Code: 2923.20.002923.20.10

647Annex 45

Descripción : LECITINA DE SOYA

Arancel(es) : 100 %.
Código : 2825.90.002825.90.00

Descripción : OXIDO DE ESTA¥O
Arancel(es) : 100 %.

Description: Soy lecithin

Tariff(s): 100%

Code: 2825.90.002825.90.00

Description: Tin oxide

Tariff(s): 100%

648 Annex 45

Annex 45 (C)

Additional Protocol XV to the Agreement on Economic
Complementation No 22 between Chile and Bolivia, signed at

Montevideo on 15 March 2006
(Original in Spanish, English translation)

National Congress of Chile, Decree No 377, 23 November 2006

649Annex 45

Tipo Norma :Decreto 377
Fecha Publicación :10-02-2007

Fecha Promulgación :23-11-2006
Organismo :MINISTERIO DE RELACIONES EXTERIORES
Título :PROMULGA EL DECIMO QUINTO PROTOCOLO ADICIONAL AL ACUERDO DE

COMPLEMENTACION ECONOMICA N° 22 CON BOLIVIA Y SU ANEXO
Tipo Versión :Unica De : 10-02-2007
Inicio Vigencia :10-02-2007

Inicio Vigencia Internacional:08-12-2006
País Tratado :Bolivia
Tipo Tratado :Bilateral
Id Norma :258273

URL :http://www.leychile.cl/N?i=258273&f=2007-02-10&p=

PROMULGA EL DECIMO QUINTO PROTOCOLO ADICIONAL AL ACUERDO DE COMPLEMENTACION ECONOMICA
N° 22 CON BOLIVIA Y SU ANEXO

Núm. 377.- Santiago, 23 de noviembre de 2006.- Vistos: Los artículos 32, Nº
15, y 54, Nº 1), inciso cuarto, de la Constitución Política de la República.

Considerando:

Que por decreto supremo Nº 568, de 1981, del Ministerio de Relaciones
Exteriores, publicado en el Diario Oficial de 24 de agosto de 1981, fue promulgado el
Tratado de Montevideo 1980, que creó la Asociación Latinoamericana de Integración
(ALADI).
Que la resolución Nº 2, de 12 de agosto de 1980, del Consejo de Ministros de
Relaciones Exteriores de ALADI, publicada en el Diario Oficial de 23 de febrero de
Acuerdos de Alcance Parcial en las que no participa la totalidad de los miembros del
Tratado de Montevideo 1980.
Que con fecha 15 de marzo de 2006 la República de Chile y la República de
Bolivia suscribieron el Décimo Quinto Protocolo Adicional y su Anexo al Acuerdo de
Complementación Económica Nº 22, publicado en el Diario Oficial de 30 de junio de
1993, por el cual se amplía y profundiza el Programa de Liberalización del referido
Acuerdo de Complementación Económica.
Que se dio cumplimiento a lo dispuesto en el Artículo 6º del mencionado
Protocolo Adicional y, que, en consecuencia, éste entrará en vigor el 8 de
diciembre de 2006,

Decreto:

Artículo único: Promúlganse el Décimo Quinto Protocolo Adicional y su Anexo
al Acuerdo de Complementación Económica Nº 22 entre la República de Chile y la
República de Bolivia, suscrito el 15 de marzo de 2006; cúmplanse y publíquese
copia autorizada de sus textos en el Diario Oficial.

Presidenta de la República de Chile.- Alejandro Foxley Rioseco, Ministro deIA,
Relaciones Exteriores.
Lo que transcribo a Us. para su conocimiento.- Pablo Piñera Echenique, Director
General Administrativo.

ACUERDO DE COMPLEMENTACION ECONOMICA N° 22 CELEBRADO
ENTRE BOLIVIA Y CHILE

Decimoquinto Protocolo Adicional

Los Plenipotenciarios de la República de Bolivia y
de la República de Chile, acreditados por sus
respectivos gobiernos según poderes que fueron
otorgados en buena y debida forma, depositados

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650 Annex 45

ADDITIONAL PROTOCOL XV AND ITS ANNEX TO THE AGREEMENT ON ECONOMIC
COMPLEMENTATION No. 22 BETWEEN CHILE AND BOLIVIA IS HEREBY ENACTED

No. 377.- Santiago, 23 November 2006.- In view of articles 32.15 and 54.1(4) of the Political
Constitution of the Republic.

Whereas:

Through Supreme Decree No. 568 of 1981, issued by the Ministry of Foreign Affairs and

published in the Official Gazette on 24 August 1981, the 1980 Treaty of Montevideo establishing the
Latin American Integration Association (LAIA) was enacted.
Resolution No. 2 of 12 August 1980 of the Council ofMinisters of Foreign Affairs of the LAIA,
published in the Official Gazette on 23 February 1981, set out the basic and procedural provisions that
govern the conclusion of Partial Scope Agreements wherein all member countries to the 1980
Montevideo Treaty do not participate.

On 15 March 2006, the Republic of Chile and the Republic of Bolivia signed the Fifteenth
Additional Protocol and itsAnnex to the Agreementon Economic Complementation No.22,published
in the Official Gazette on 30 June 1993, whereby the Liberalization Scheme of the abovementioned
Agreement on Economic Complementation was extended and deepened.

The provisions of Article 6 of the abovementioned Additional Protocol were complied with
and, consequently, it will enter into force on 8 December 2006,

It is hereby ordered as follows:

Only Article: Be enacted the Fifteenth Additional Protocol and its Annex to the Agreement on
Economic Complementation t No. 22 between the Republic of Chile and the Republic of Bolivia
signed on 15 March 2006; be it complied with and an official copy thereof published in the Official
Gazette.

Be it noted, entered, recorded and published. - MICHELLE BACHELET JERIA, President of
the Republic of Chile - Alejandro Foxley Rioseco, Minister of Foreign Affairs.
The following transcript is for information purposes. - Pablo Piñera Echenique, General

Administrative Director.

Agreement on Economic Complementation No. 22 BETWEEN
BOLIVIA AND CHILE

Fifteenth Additional Protocol
The plenipotentiaries of the Republic of Bolivia and the

Republic of Chile, accredited by their respective Governments
pursuant to the powers of attorney that were deposited in due time

651Annex 45

oportunamente en la Secretaría General de la Asociación
Latinoamericana de Integración (ALADI),

Visto: La resolución 1/2005 convenida en la VI
Reunión Extraordinaria de la Comisión Administradora
del Acuerdo de Complementación Económica N° 22 (ACE N°
22) celebrada en Montevideo el 9 de diciembre de 2005.
Considerando:

Que la referida Comisión tiene competencia para
negociar y acordar las medidas que sean pertinentes en
todo lo relativo a la aplicación de las normas del
indicado Acuerdo; y
Que de conformidad con el ACE N° 22, los acuerdos
que resulten del ejercicio de las competencias y
funciones atribuidas a la Comisión Administradora, se
formalizarán mediante Protocolos Adicionales a éste y
establecido en el mismo;en el marco jurídico

Convienen:

Artículo 1º.- Ampliar y profundizar el programa de
liberación del Acuerdo de Complementación Económica N°
22, para cuyo fin Chile otorgará el cien por ciento
(100%) de preferencia arancelaria a las importaciones
de cualquier producto originario de Bolivia, excepto
aquellos contenidos en el Anexo del presente Protocolo.

legislación interna, otorgará un contingente su
arancelario global de 6.000 toneladas anuales, con un
cien por ciento (100%) de preferencia arancelaria a las
importaciones de productos originarios de Bolivia,
clasificados en las subpartidas arancelarias 1701.91 y
1701.99.

Artículo 3° .- En la eventualidad de que Chile
modifique los contingentes establecidos en el artículo
3 de la ley 19.897, se compromete a estudiar el interés
nuevos contingentes.entar su participación en estos

Artículo 4° .- En el ámbito del Programa de Trabajo
establecido para la profundización del ACE N° 22, dar
prioridad al acceso efectivo al mercado chileno de la
nómina de productos presentada por Bolivia en la
reunión efectuada en La Paz los días 17 y 18 de agosto
de 2005.

Artículo 5° .- En el marco del Programa de Trabajo
constituir Comités Técnicos en las áreas comerciales,
fitozoosanitaria, promoción comercial, agroforestal,
turismo, aduanero, normas técnicas y de cooperación,
entre otras, los que se integrarán a la administración
del ACE N° 22 como instancias de trabajo, consultivas y
facilitadoras de los objetivos del Acuerdo y las
decisiones de la Comisión Administradora.

Artículo 6° .- El presente Protocolo entrará en
vigor 30 días después de la fecha en que la Secretaría
la recepción de la última notificación del cumplimiento
de las disposiciones legales respectivas para la
incorporación del presente Protocolo Adicional al
ordenamiento jurídico interno.

Artículo 7° .- A partir de la fecha de entrada en
vigor del presente Protocolo Adicional, los países

652 Annex 45

and form with the General Secretariat of the Latin American
Integration Association (LAIA),

In view of Resolution No. 1/2005 adopted at the 6th
Extraordinary Session of the Administrative Committee of the

Agreement on Economic Complementation No. 22 (AEC No. 22)
held in Montevideo on 9 December 2005.

Whereas:

The abovementioned Committee has been empowered to
negotiate and agree on the relevant measures in connection with
the implementation of the pr ovisions of the aforementioned
Agreement; and
Pursuant to the provisions of the AEC No. 22, the agreements

resulting from the powers and functions of the Administrative
Committee shall be executed through Additional Protocols thereto
and shall be deemed to fall under the legal framework established
therein;

It is hereby agreed as follows:

Section 1- The liberalization scheme of the Agreement on
Economic Complementation No. 22 shall be extended and
deepened and, for that purpose, Chile shall grant a one hundred per
cent (100%) tariff preference to the imports of any product of

Bolivian origin, except for those listed in the Annex to this
Protocol.

Section 2.- Pursuant to its domestic laws, Chile shall grant a
global tariff quota of 6,000 tons per year, with a one hundred per
cent (100%) tariff preference to the imports of products of Bolivian
origin, as classified in the tariff sub-items 1701.91 and 1701.99.

653Annex 45

signatarios dejan sin efecto las preferencias
arancelarias otorgadas por Chile a las importaciones de
cualquier producto originario de Bolivia, en los
Protocolos Adicionales suscritos entre las Partes
anteriormente. Sin embargo, se mantendrán en vigor las
disposiciones de los Protocolos Adicionales que no
resulten incompatibles con el presente Protocolo
Adicional o cuando se refieran a materias no incluidas
en ésLa Secretaría General de la ALADI será depositaria
del presente Protocolo, del cual enviará copias
debidamente autenticadas a los Gobiernos signatarios.
En fe de lo cual, los respectivos
Plenipotenciarios suscriben el presente Protocolo en la
ciudad de Montevideo, a los quince días del mes de
marzo de dos mil seis, en un original en idioma
español.
Por el Gobierno de la República de Bolivia:
Marcelo Janko.- Por el Gobierno de la República de
Chile: Carlos Appelgren Balbontín.
Anexo

Lista de productos sujetos a Banda de Precios en Chile

SACH Descripción
10 Cereales
1001 Trigo y morcajo (tranquillón).
1001.90.00 -Los demás
11 Productos de la molinería; malta; almidón
1101.00.00 Harina de trigo o de morcajo trigo
(tranquillón)
17 Azúcares y artículos de confitería
1701 Azúcar de caña o de remolacha y sacarosa
químicamente pura, en estado sólido
-Azúcar en bruto sin adición de
aromatizantes ni colorantes:
1701.11.00 -De caña
1701.12.00 --De remolacha
- Los demás
1701.99.00 -Los demás:ón de aromatizante o colorante
1701.99.10 --De caña, refinada
1701.99.20 --De remolacha, refinada
1701.99.90 --Los demás

654 Annex 45

Annex 45 (D)

Chilean National Customs Service, Resolution No 6153,

11 September 2009 (extracts)
(Original in Spanish, English translation)

Chile, National Customs Service, Technical Office, Customs Procedures Division

655Annex 45

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VALPARAISO, 11.09.2009

▯
RESOLUCION N° 6153
▯

VISTOS: ▯ (O▯ Tratado de Paz, Amistad y
Comercio, suscrito por Chile con la República de Bolivia en el año 1.904, mediante el cual
nuestro país reconoce a favor de Bolivia y a perpetuidad el más amplio y libre derecho de
tránsito comercial por su territorio y puertos del pacífico.

La Convención sobre Tránsito
suscrita por ambos países en el año 1.937.

El Tratado de Complementación
Económica, suscrito con Bolivia, materializado mediante Decreto N°368, publicado en el
Diario Oficial de fecha 10.09.1957.

El Decreto de Hacienda N°141,
publicado en el Diario Oficial con fecha 28.06.08, mediante el cual se habilitó el Puerto de

Iquique para el libre tránsito de mercancías de ultramar y que vengan manifestadas en libre
tránsito a Bolivia y para aquellas provenientes de Bolivia a terceros países, bajo el mismo
régimen.

CONSIDERANDO: Que resulta necesario
establecer un procedimiento uniforme para las Aduanas de Arica, Iquique y Antofagasta, bajo
cuya jurisdicción se encuentran los Puertos habilitados actualmente para el tránsito de

mercancías.

TENIENDO PRESENTE: Lo dispuesto en
los numerales 7 y 8 del artículo 4°del D.F.L. N°329 de 1979, Ley Orgánica del Servicio
Nacional de Aduanas,

R E S O L U C I O N:

I. ESTABLEZCASE el siguiente procedimiento uniforme para las Aduanas de Arica,
Iquique y Antofagasta para la recepción, despacho, almacenamiento y salida de la
carga acogida al Libre Tránsito Chile – Bolivia, según el Tratado de 1.904:

1. CARGAS DE IMPORTACION A BOLIVIA

1.1 Recepción de carga

1.1.1 Las mercancías deberán venir manifestados en tránsito hacia
Bolivia, en forma separada de las que vienen con destino a Chile,
de acuerdo a la Convención de Tránsito de 1.937. Los bultos que

contengan las mercancías deben traer una anotación que señale
que vienen en tránsito a Bolivia.

1.1.2 La Aduana chilena deberá recepcionar el manifiesto de carga en
los términos señalados precedentemente y entregar una copia a
la Empresa Portuaria del Puerto respectivo o al Concesionario de
los Terminales Portuarios y a la Agencia Aduanera boliviana

(AAB), con la numeración correspondiente.

656 Annex 45

CHILEAN GOVERNMENT
NATIONAL CUSTOMS SERVICE
TECHNICAL OFFICE
CUSTOMS PROCEDURES DIVISION

VALPARAISO, 11.09.2009

RESOLUTION No 6153

IN VIEW OF: The Treaty of
Peace, Amity and Commerce signed by Chile and the Republic of Bolivia in 1904,
whereby Chile recognized in favor of Bolivia in perpetuity, the broadest and most
unrestricted right of commercial transit in its territory and its Pacific ports.

The Convention on Transit
signed by both countries in 1937;

The Economic Complementation
Treaty signed with Bolivia, embodied in Decree No. 368, published in the Official
Gazette of 10 September 1957; and

Finance [Ministry] Decree
No. 141, published in the Official Gazette of 28 June 2008, whereby the Port of Iquique
was authorized to handle the free transit of goods from overseas and declared as goods

in free transit to Bolivia, and those coming from Bolivia to third countries, under the
same regime.
WHEREAS: It is necessary to

establish a uniform procedure for the Arica, Iquique and Antofagasta customs offices,
under whose jurisdiction the ports currently authorized to handle the transit of goods
operate.

IN CONSIDERATION OF:
Article 4, paragraphs (7) and (8) of Decree No. 329 of 1979, the Organizational Law of
the National Customs Service,

RESOLUTION:

I. BE IT ESTABLISHED the uniform proced ure specified hereinbelow, which is to
be followed by the Arica, Iquique and Antofagasta customs offices for the
reception, forwarding, storage and shipping of cargo falling within the scope of the
Chile – Bolivia Free Transit, pursuant to the 1904 Treaty.

1. CARGO IMPORTED INTO BOLIVIA

…

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1.2.2 Cuando se trate de despacho inmediato o retiro directo de las
mercancías, vía ferroviaria, desde o hacia Bolivia, por la Aduana
de Antofagasta, éstas deberán retirarse con el documento

TIF/DTA, el que debe cumplir con las mismas exigencias y
formalidades del documento utilizado para el transporte terrestre.

1.2.3 Los DPU y DPUB-Despacho deberán generarse en forma
simultánea para la salida de las mercancías del recinto portuario
y serán intercambiados por las entidades que los emiten.

1.2.4 El DPUB emitido por la Agencia Aduanera boliviana tendrá el
carácter de carta de reclamo ante las empresas de seguro
internacional que operan con carga boliviana, en el caso que la
carga arribara con mermas.

1.3 Almacenamiento de carga

1.3.1 El traslado de mercancías a recintos extra-portuarios deberá
realizarse con un documento que sirva de guía de traslado, que
será diseñado por ambas Aduanas, fijándose un plazo para el
mismo. En este caso, los concesionarios de los Terminales
Portuarios deberán emitir los DPU Retiro Directo, como

consecuencia de la descarga y del estado de la carga
desembarcada.

En el caso de almacenes concesionados, que se conectan a
través de una interzona con un almacén portuario, y se
produjesen traslados de cargas entre ambos sin salir de la Zona
Primaria, bastara la emisión de las papeletas para verificar el

traslado y recepción de la carga, entre uno y otro Almacén.

1.3.2 Acorde con el régimen de los Tratados, las mercancías tienen un
plazo de permanencia de un año en el país. Al término del
mismo, la Agencia Aduanera boliviana deberá comunicar a la
Aduana chilena que corresponda, el vencimiento del mismo.

1.3.3 En el contexto anterior, la Agencia Aduanera Boliviana deberá
informar si dicha entidad ordenará el despacho de la mercancía a
Bolivia, previo pago de los costos de servicios portuarios si
procediere por encontrarse en el recinto portuario, su entrega a la
Aduana chilena para su remate como carga rezagada o bien la

intención que continúe hacia un tercer país. La Agencia
Aduanera boliviana solicitará la verificación de esta información a
las empresas portuarias si correspondiere.

1.3.4 Las Aduanas chilenas intervinientes, por disposiciones
aduaneras internas, otorgarán a dicha carga un plazo de 90 días
conforme al régimen general de almacenaje, informando a la

Agencia Aduanera boliviana al vencimiento de dicho plazo,
respecto de las mercancías que se encuentran en condiciones de
ser subastadas.

658 Annex 45

1.3 Storage of cargo

…

1.3.2 In accordance with the regime set forth in the Treaties, goods may
remain in the country for a ma ximum term of one year. Upon
expiration of said term, the Boliv ian customs agency shall inform
the relevant Chilean customs office of such expiry.

1.3.3 In this context, the Bolivian customs agency shall inform whether
said entity will order the dispatch of the goods to Bolivia, after
payment of the costs of port services payable on account of storage
of the goods at the port; delivery to the Chilean customs office for

auction purposes as goods not cla imed; or, the intention that the
goods be forwarded to a third country. The Bolivian customs
agency shall request confirmation of this information from port
companies, if applicable.

1.3.4 The intervening Chilean customs office, following internal customs
rules, shall grant such cargo a period of 90 days, pursuant to the
general regime for storage. Upon expiration of said period, the
Bolivian customs agency shall be informed of any goods that are
eligible for auction purposes.

659Annex 45

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1.3.5 Los procedimientos señalados precedentemente también serán
aplicables a las exportaciones.

1.4 Salida de carga

1.4.1 En el momento de salida del puerto o del recinto extra-portuario,
las Aduanas chilenas deberán tomar conocimiento del hecho
para cancelar sus registros.

1.4.2 Cuando las mercancías salen del recinto portuario o del lugar de
depósito extra-portuario (en caso de utilizarse), las Aduanas
chilenas harán revisión documental y exterior del vehículo que
transporta la carga, debiendo realizar el registro del MIC/DTA
correspondiente en el sistema de SIROTE.

1.4.3 Las cargas transportadas en transporte terrestre deberán salir
hacia la frontera con un MIC/DTA tramitado por la empresa de
transporte y con el DPUB-Despacho que reemplaza a la Guía de
Salida.

En caso que dichas cargas sean transportadas hacia la frontera
vía ferroviaria, deberán salir amparadas por el correspondiente

TIF/DTA, debiendo cumplir las mismas exigencias establecidas
para el transporte terrestre.

1.4.4 El funcionario de la Aduana chilena que se encuentre habilitado
en la Avanzada fronteriza deberá registrar en el sistema SIROTE
la salida de la carga amparada por MIC/DTA.

En el evento que la carga se presente con un TIF/DTA, el
funcionario de la Aduana deberá registrar en dicho documento su
nombre, firma, rol, fecha y hora de la operación.

1.4.5 El procedimiento señalado precedentemente también es

aplicable a las exportaciones.

2. CARGAS DE EXPORTACION DE BOLIVIA

2.1 Recepción de carga

2.1.1 Las mercancías en exportación deberán llegar a la frontera con el
MIC/DTA debidamente aceptado y numerado por la Aduana de
Bolivia, debiendo informarse a la Aduana chilena respectiva, a
efectos que el funcionario de la Aduana chilena lo registre en el
sistema SIROTE.

En el evento que las mercancías arribaren a la frontera
amparadas por un TIF/DTA, la Agencia aduanera boliviana
deberá comunicar a la Aduana chilena respectiva para su
conocimiento y registros pertinentes al momento del arribo
efectivo de la carga.

660 Annex 45

1.3.5 The aforementioned procedures shall also apply to exports.

…

661Annex 45

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4. FISCALIZACION DE LAS MERCANCIAS EN TRANSITO DESDE Y HACIA

BOLIVIA

Las Aduanas de Arica, Iquique y Antofagasta, bajo cuya jurisdicción se
encuentren los puertos habilitados para el libre tránsito, podrán fiscalizar las
mercancías que ingresen, salgan o transiten por sus zonas, debiendo ser

asociadas estas en forma previa a un análisis de riesgo en el área de drogas o
contrabando, sin perjuicio que se trate de cargas acogidas al Tratado de Paz,
Amistad y Comercio, suscrito en el año 1.904, debiendo para tales efectos
coordinarse con la Agencia Aduanera boliviana.

5. No obstante las instrucciones impartidas, las Aduanas intervinientes deberán
establecer los procedimientos administrativos y operativos que permitan la
fluidez de las operaciones, dependiendo de la situación geográfica que
presente cada una de ellas.

II. Las presentes instrucciones regirán a contar de la publicación en el Diario Oficial.

ANOTESE, COMUNIQUESE Y PUBLIQUESE
EN EL DIARIO OFICIAL Y EN LA PAGINA WEB DEL SERVICIO

KARL DIETERT REYES
DIRECTOR NACIONAL DE ADUANAS

GFA/RB/EVO/VCC/vcc.
REG: 72023
20.08.2009

64809

662 Annex 45

LET IT BE RECORDED, NOTIFIED AND
PUBLISHED IN THE OFFICIAL GAZETTE AND ON THE WEBSITE OF THE
NATIONAL CUSTOMS SERVICE

KARL DIETERT REYES

HEAD OF CHILEAN CUSTOMS OFFICE

663Annex 45

664 Annex 45

Annex 45 (E)

Letter from the Chilean Internal Tax Administration to the

Chilean Ambassador Deputy Secretary of the Ministry of
Foreign Affairs, No 1270, 29 July 2010

(Original in Spanish, English translation)

Chile, Internal Tax Administration, Regulations Office, Indirect Taxes Division

665Annex 45

666 Annex 45

INTERNAL TAXATION
ADMINISTRATION
REGULATIONS OFFICE

INDIRECT TAXES DIVISION
C-210-2010 S.D.
143-2010 S.N.

045-2010 I.I.
RULE. No 1270 /

ANT.: Submission by the Ambassador
Deputy Secretary of the Ministry
of Foreign Affairs

RE: Request for opinion on the

application of the Treaty of
Peace, Amity and Commerce of
1904

Santiago, 29 July 2010

FROM : HEAD OF THE INTERNAL REVENUE SERVICE

TO: : AMBASSADOR DEPUTY SECRETARY OF THE MINISTRY
OF FOREIGN AFFAIRS

The Internal Revenue Service has been requested to render an opinion on the

application of Value Added Tax to the so- called “Gate In” services provided in relation
to the return of empty containers used in the transport of Bolivian cargo in transit.

I. BACKGROUND

- This agency has been requested to confirm the following criteria:

That the “Gate In” services provided in relation to the return of empty containers used

in the transport of Bolivian cargo in transit are exempt from Value Added Tax under the
Treaty of Peace and Amity of 1904 and the Conventions on Traffic and Transit.

“Gate In” services consist of the loading of the empty container at the port, its transfer
to storage, unloading at the storage place, its inspection and basic cleaning.

VAT is currently charged on “Gate In” servi ces provided in relation to containers used
for the transport of Bolivian cargo in transit in accordance

667Annex 45

668 Annex 45

with Official Communication No. 2965 of 20 August 2002, issued by this Service,

which provides that services provided in connection with empty containers already used
for the transport of cargo from the Chilean territory to Bolivia and vice versa may not be
considered as services provided directly to the cargo in transit”, on account that said

cargo has already arrived at its destinatio n and, consequently, the Value Added Tax is
charged.

Said Ministry considers that the aforementioned services mark the end of the cycle of
cargo in transit, and necessarily have to occur as this is the final stage of the maritime

transport and the containers, which belong to the freight forwarder, have to be returned
to the storage facilities, because they may not be kept at the port warehouses.

However, in the case of return of empty containers used for the transport of Bolivian
cargo in transit, there might be grounds for an exemption from payment of the VAT.

- Article VI of the “Treaty of Peac e, Amity and Commerce” of 1904, signed by
the Chilean and Bolivian Governments provides as follows:

“Article VI. The Republic of Chile recognizes in favor of Bolivia in perpetuity the
fullest and most unrestricted right of commercial transit in its territory and its Pacific

ports .

Both governments shall agree, in specia l acts upon the method suitable for securing,

without prejudice to their respective fiscal interests, the object indicated above.”

Additionally, Article 1 of th e Convention on Transit signed in 1937 provides that the

Chilean Government, “pursuant to Article VI of the Treaty of Peace and Amity of 1904,
recognizes and guarantees the fullest and freest transit through its territory and major

ports for people and cargo crossing its transit from or to Bolivia.”

II. ANALYSIS

The regulations mentioned above provide f or an actual exemption from all taxes that
may be levied upon cargo shipped from or to Bolivia, whose free transit through

Chilean territory guarantees –in this cas e- the exemption of any taxes levied upon
services supplied directly in connection with said cargo in transit.

However, the benefits included in the so-ca lled “Gate In” services have been described
in further detail herein than in the consultation issued in reply to Official

Communication No. 2965/2002, as in addition to the loading of the empty containers at
the port, there is also the transfer to storage, unloading at the storage place, its
inspection and basic cleaning. Accordingly, it may be seen that there is a causal

669Annex 45

670 Annex 45

relationship between the actual t ransport and Gate In services, such that the latter

constitute the final stage of the former.

Likewise, from the description of the services in connection with which this

consultation as to taxation matters has been submitted, it clearly follows that the duties
to be complied with by the freight forwarder arise from the relevant contract, which
further supports the idea that this service is an integral part of the transportation of the

cargo.

III. CONCLUSION

In view of the foregoing, it may be conc luded that the service described above is
supplied “directly in connection with cargo in transit” and, therefore, the value added

tax must not be charged and, thus, the exemption claimed applies.

Sincerely,

[Signature]
Julio Pereira Gandarillas

Head of the Internal Revenue Service

[Seal:] Republic of Chile. Head of the Internal Revenue Service

…

671Annex 45

672 Annex 45

Annex 45 (F)

Letter from the General Manager of Terminal Puerto Arica S.A.,

10 January 2014
(Original in Spanish, English translation)

Terminal Puerto Arica S.A.

673Annex 45

Arica, 10 de Enero del2014.
GGE 009/2014

Señores
Presente

Estimado Cliente,

Con elánimo de anticiparles la publicación de nuevas tarifas máximas para este 2014 y que puedan informar con
la debida anticipación a sus representados, les adjuntamos el listado de tarifas máximas que regirán desde el 1°
de Marzo. Siguientes serán las tarifas para los servicios detallados a continuación:

Código Descripción de la faena Unidad de cobro USD
TSM-101 Uso de Muelle a la Nave Usd/Metro-loa-hora 3.28

TSM-102 Uso de Muelle a la carga USD/ton 1.98
TST-111 Desembarque/Embarque de Contenedores llenos 20 pies Usd/Cont. 107.70

TST-112 Desembarque/Embarque de Contenedores llenos 40 pies Usd/Cont 161.55
TST-113 Desembarque/Embarque de Contenedores vacíos 20 pies Usd/Cont 107.70

TST- 114 Desembarque/Embarque de Contenedores vacíos 40 pies Usd/Cont 161.55
TST- 115 Desembarque/Embarque de Carga GeneralFraccionada Usd/Ton 12.64
TST- 116 Desembarque/Embarque de Vehículos y Automotores Usd/Ton 12.64

TST- 117 Desembarque/Embarque de Graneles Limpios Usd/Ton 6.16
TST-118 Desembarque/Embarque de Graneles Sucios Usd/Ton 6.16

TCD- 221 Consolidación o Desconsolidación de contenedores 20 pies Usd/Cont. 278.63
TCD- 222 Consolidación o Desconsolidación de contenedores 40 pies Usd/Cont. 344.97

TSV- 269 Derecho de uso de vía férrea Usd/Carro 3.98
TEP- 501 Uso de infraestructura y accesorios para pasajeros Usd/Pasajero 6.63

Cualquier cambio en tarifas no presentadas en este documento, será informado vía nuestra página web.

Ante cualquier consulta, no duden en contactarnos. Sin otro particular, le saluda atentamente a usted,

Diego Bulnes Valdés
Gerente General
Terminal Puerto Arica S.A.

Tarifas publicadas en nuestro sitio www.tpa.cl el10/01/2014

__________________________________________________________________________________________

TERMINAL PUERTO ARICA S.A.
AV. Máximo Lira N° 389 Arica - Chile
Tel. (56-58) 202000 - Fax. (56-58) 202005

674 Annex 45

Arica, 10 January 2014

GGE 009/2014

Sirs

Hand delivered

Dear Client,

With a view to informing you about the publication of new maximum fees for 2014, and

so that you may inform the persons you represent duly in advance, enclosed please find

a list of maximum fees effective as of 1 March. The fees for the services detailed below
shall be the following:

uonite DescSiption Collection

TSM-101 Use of Pier for mooring of Vessel USD/Meter-per-hour 3.28
TSM-102 Use of Pier for loading and unloading of cargo USD/ton 1.98
TST-111 Loading/Unloading of full 20-feet Containers USD/Cont. 107.70

TST-112 Loading/Unloading of full 40-feet Containers USD/Cont. 161.55
TST-113 Loading/Unloading of empty 20-feet Containers USD/Cont. 107.70

TST-114 Loading/Unloading of empty 40-feet Containers USD/Cont. 161.55
TST-115 Loading/Unloading of Break Bulk Cargo USD/Ton 12.64
TST-116 Loading/Unloading of Vehicles and Automobiles USD/Ton 12.64

TST-117 Loading/Unloading of Clean Bulk Cargo USD/Ton 6.16
TST-118 Loading/Unloading of Dirty Bulk Cargo USD/Ton 6.16
TCD-221 Consolidation or Deconsolidation of 20-feet contaiUSD/Cont. 278.63

TCD-222 Consolidation or Deconsolidation of 40-feet contaiUSD/Cont. 344.97
TSV-269 Right of use of railroad track USD/Cart 3.98
TEP-501 Use of infrastructure and accessories for passengeUSD/Passenger 6.63

Any change in fees not included in this document will be communicated through our
website.

Should you have any questions, please do not hesitate to contact us. Sincerely,

[Signature]

Diego Bulnes Valdés

General Manager
Terminal Puerto Arica S.A.

Fees published on our website www.tpa.cl on 10 January 2014

675Annex 45

676 Annex 45

Annex 45 (G)

Letter from Terminal Puerto Arica S.A. to the General Manager

of Empresa Portuaria Arica, 30 April 2014
(Original in Spanish, English translation)

Terminal Puerto Arica S.A.

677Annex 45

678 Annex 45

TERMINAL PUERTO ARICA

Arica, 30 April 2014

GGE 093/2014

Rodolfo Barbosa B.
General Manager

Empresa Portuaria Arica
Hand delivered

Ref: Reply to Letter No. 0296

To whom it may concern,

Please find enclosed herewith our proposal for adjustment of the maximum fees
not included in the 2014 Service Manual, the general services detailed in Annex 1 and
storage fees specified in Annex 3.

To ensure the sustainability of each service and in compliance with our fees
policy, fees were adjusted to reflect thincrease in costs that took place over the
previous period. Annex 2 includes an expl anation for any adjustments made above the

average increase.

If approved by you, the adjusted fees will become effective 15 days following
publication thereof and will be valid until 31 December of this year.

679Annex 45

680 Annex 45

FCL open-airge
TSA-30containers,

TSA-Vehicles,irge

TSA-Dangerous storage
goods, open-
inal Puerto Arica, 2014 period

TSA-305oocoveredage
Dangerous

storage
TSA-Bulk cargo,
in the Service Manual of Term

TSA-304coveredage
Bulk cargo,

ent to the storage fees

cargo,
TSA-302raopen-airge

Generaloveredage
TSA-301

Days 1 2 3 41.8 593775767.89.43310 11 12 13224249271291311133604986427.99.20.170661602.93.14.14.15.16.89.570
TERAMNNIEAXL3: PEoposedA14ICAadjustm …

681682 Annex 46

Declaration of Arica by the Ministers of Foreign Affairs of

Bolivia and Chile, signed at Arica on 25 January 1953 (extract)

(Original in Spanish, English translation)

Chile, Ministry of Foreign Affairs, Treaties, Conventions and International
Arrangements of Chile 1810-1976, Volume II (1977), p 222

683Annex 46

684 Annex 46

DECLARATION OF ARI ICA

Signed at Arica, 25 January 1953.

…

1. – All types of freight, without any excepti on, in transit through Chilean territory,
from or to Bolivia, shall be subject to the exclusive jurisdiction and competence
of the Bolivian customs authorities, represented by the respective customs
agents duly empowered by the Government of Bolivia, from the moment when
the Chilean authorities deliver the freight to the Bolivian customs agents …

685686

Document file FR

153-20140715-WRI-01-01-FR.pdf

Document Long Title

Volume II