January 1, 1968. The annual amounts to be paid by the Mexican Government shall be paid by it through the financial agency of the Mexican Government in New York to the agencies that the Committee may designate and the Committee will determine the method of retirement. If for any reason the coupons cannot be detached from the bonds, some other plan for effecting the above arrangement satisfactory to the Committee shall be adopted. If there are any bonds to which coupons representing any back interest have never been attached the Mexican Government will supply such coupons for the purposes of these bonds so that the bondholders may be able to deposit them. 2. SINKING FUNDS All sinking funds to be postponed for a period not to exceed five years, from January 1, 1923. 3. MATURED GOVERNMENT OBLIGATIONS All Government notes which have matured or are about to mature will be extended for a reasonable length of time. 4. CURRENT INTEREST Payment of current interest to be resumed as follows: (a) The Government will provide and set aside a fund which, for the first year, shall amount to 30,000,000 gold pesos present standard and shall be increased each year for a period of four years by not less than 5,000,000 pesos, so that the payment for the fifth year shall be at least 50,000,000 pesos. (b) If, during the five year period, the funds provided for do not in any one year reach the guaranteed minimum amount, the Mexican Government will provide out of its other sources of revenue a sum sufficient to bring the amounts up to the guaranteed minimum and at such time and in such amounts as are required to meet current interest payments according to the schedule to be submitted to the Minister by the Committee. (c) The entire oil export taxes (which the decree of June 7, 1921 provides for) and any increases thereof and the tax of 10% on the gross railway revenues hereafter provided for and the net operating railway revenues if any shall be paid as collected, in a manner to be agreed on with the International Committee, which will make arrangements for distribution of the sums so received among the holders of the obligations listed in the schedule attached, to which may be added such other issues as the Minister and the Committee may jointly agree should be included in the Government's external debt and railway debt. Part of such fund may be used in the discretion of the Committee in buying or retiring scrip for current interest. The Committee may retain and distribute the entire amounts received on account of the taxes specified in this section (c) although they may be in excess of the guaranteed minimum annual payments. (d) Any difference between the amounts of cash paid on account of current interest (in accordance with the arrangements for distribution of current interest according to the schedule to be submitted by the Committee) and the full amount due therefor during a period of five years, beginning January 2, 1923, is to be dealt with in scrip. Such scrip shall be issued by the Mexican Government for the full amount of such difference and delivered through the Committee for distribution to the holders of obligations in such form as the Committee may determine. This scrip will become due and payable in 20 years. It will not bear any interest during the first 5 years but, for the balance of 15 years, it will bear interest at the rate of 3%, payable half-yearly. The Government will have the option to buy this scrip in the market for cancellation, in a manner to be arranged with the Committee, or to call all or any part thereof at 105 and interest, accrued and unpaid to date of call, at any time before maturity thereof. During the first 5 years any surplus of the current interest fund, after paying current interest, shall be applied towards the purchase and cancellation of this scrip as provided above. (e) The payment of current interest in cash on the scale to be submitted to the Minister by the Committee will begin for interest becoming due and payable after January 2, 1923. Full resumption in cash of the service on the debt including full sinking fund payments will be resumed for payments becoming due and on and after January 1, 1928. (f) The proceeds of the oil export taxes, which, since January 31st, 1922, have been paid or accumulated under the agreement of September 3, 1921, shall be paid over to the fund forthwith and all future proceeds of such tax shall be paid over from the date hereof; and the proceeds of the tax of 10% on the gross railway revenues shall be currently paid over as soon as the tax is created. Payments will be made in a manner to be agreed on with the International Committee. (g) During the period prior to the full resumption of the service on the debt the Government will continue the export taxes on oil and will not diminish the rate of such taxes payable in cash as the same has been applied since September 3, 1921. (h) After the expiration of the period of five years at the end of which the Mexican Government will resume the full service of the debt the special provisions made for this period in this paragraph 4 will be at an end except for the obligation of the Mexican Government contained in the current interest scrip and except that if there is then still outstanding any current interest scrip the tax of ten per cent (10%) on the gross railway revenues will be continued and applied through the Committee, for redemption of the current interest scrip in a manner to be arranged with the Committee. 5. NATIONAL RAILWAY SYSTEM The holders of outstanding railway bonds and notes shall present their existing securities to be stamped with the agreement of the Mexican Government assuming the payment of principal, interest and sinking fund of the securities. For all amounts paid by the Mexican Government on account of the railroads for such interest, principal and sinking fund the Government will be a creditor of the Railways in the same manner as is provided in the Executive Decree and Plan of Readjustment and Union of the Mexican Central Railway Co., Ltd., and National Railroad Company of Mexico with respect to payments made on account of its guarantee of the General Mortgage 4% bonds of the National Railways of Mexico. The liens created on the railway properties by the present mortgages and indentures in favor of the railway securities now outstanding are to be held by a trustee or trustees satisfactory to the International Committee and are not to be enforced unless the government is in default in its obligations under this plan when they may be enforced in favor of the holders of railway securities. The government will make prompt return of the railways to private management, details of which are to be arranged. Ten per cent (10%) annually of the gross receipts of the railways is to be set aside and paid over currently as herein provided towards the government debt service including the railway debt, and proper provision is to be made therefor in the rates by surcharge or otherwise. Until the full cash payment of current interest on the bonds is resumed the net operating revenues of the railways are to be added to the fund provided for the government debt service and thereafter are to be applied to the service of the railway securities. The Mexican Government recognizes the obligation to restore the railroads, including rolling stock, to the same condition that they were in when the Government took them over and will make every effort to do it (viz., such restoration) as soon as possible. Railway notes that have matured or are about to mature will be extended for a reasonable length of time. 6. RECOGNITION OF OBLIGATIONS The Mexican Government recognizes all obligations assumed by it, either direct or by way of guarantee and all provisions of the con tracts and pledges under which the several bonds were issued, these provisions to be in full operation at the end of five years and prior thereto will be subject to the modifications herein provided for. 7. RESUMPTION OF RIGHTS The bondholders will resume all their contractual rights if for any reason this plan is not fully carried out during the period of five years. 8. COMMISSION Any difficulties that may arise in connection with the execution of this agreement will be settled by a special commission nominated by both parties. 9. RATIFICATION This agreement is subject to the ratification of the President of Mexico.36 ADOLFO DE LA HUERTA INTERNATIONAL COMMITTEE OF BANKERS [ON] MEXICO by THOMAS W. LAMONT, Chairman IRA H. PATCHIN, Asst. Secy. JUNE 16, 1922 [Enclosure 2] Schedule of Obligations 37 $48,635,000. Mexican Government 5s, 1899 29,100,000. (£6,000,000) Mexican Government 6s, 1913 128,684,000. TOTAL SECURED DEBT. 6,769,000. 5% Municipal Loan 37,037,000. Mexican Government 4s, 1904 25,000,000. Caja de Prestamos 42s 68,806,000. TOTAL UNSECURED DEBT. 21,151,000. Mexican Government 3s, 1886 67,606,000. TOTAL INTERIOR DEBT. Ratified by President Obregón, Aug. 7, 1922 (file no. 812.51/821). 37 For apparent subsequent changes in the schedule of obligations, see La Deuda Exterior de México (Editorial "Cultura", Mexico, 1926), pp. 18–19. 32604 vol. II-38-51 Schedule of Obligations—Continued 50,748,575. National Railways Guaranteed 4s 5,850,000. Mexican International Prior Lien 42s 1,484,000. Pan American 5s. 1937 1,374,000. Mexican Central Priority 5% 1,112,456. National Railways Equipment 5s 2,000,000. Tehuantepec Second Mortgage 412s NOTE: In the foregoing schedule provision has not been made for (1) such bonds of the Huerta issues (following so-called issue “A”) which are held by banks as collateral; nor (2) for the bonds of the so-called DeKay issue which the Government does not recognize. To the above may be added such other issues as may be agreed on by the Minister and the International Committee as provided in the agreement. Amounts are stated according to latest available information and are given in gold dollars. ADJUSTMENT AND EXTENSION OF THE ARRANGEMENT OF 1921 BETWEEN THE OIL COMPANIES AND THE MEXICAN GOVERNMENT REGARDING TAXATION 35 600.127/264: Telegram The Consul in Charge at Mexico City (Ferris) to the Secretary of State MEXICO, February 23, 1922—11 a.m. Decree published and effective February 21st provides that export duties on petroleum and its derivatives established June 7th, 1921 may be paid Mexican gold or bonds of the public debt as may be determined. 38 FERRIS For correspondence relating to the arrangement of 1921, see Foreign Relations, 1921, vol. 1, pp. 447 ff. |