United States - Cuban Agreements and Treaty of 1934

by Governments of Cuba and the Unites States of America

TREATY SERIES No. 418

LEASE OF COALING OR NAVAL STATIONS

AGREEMENT BETWEEN THE UNITED STATES AND CUBA

Signed by the President of Cuba, February 16, 1903. Signed by the President of the United States, February 23, 1903.

UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1932

AGREEMENT Between the United States of America and the Republic of Cuba for the lease (subject to terms to be agreed upon by the two Governments) to the United States of lands in Cuba for coaling and naval stations.

The United States of America and the Republic of Cuba, being desirous to execute fully the provisions of Article VII of the Appendix to the Constitution of the Republic of Cuba promulgated on the 20th of May, 1902, which provide:

"Article VII. To enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the Cuban Government will sell or lease to the United States the lands necessary for coaling or naval stations., at certain specified points, to be agreed upon with the President of the United States."

Have reached an agreement to that end, as follows:

ARTICLE I

The Republic of Cuba hereby leases to the United States, for the time required for the purposes of coaling and naval stations, the following described areas of land and water situated in the Island of Cuba:

1st. In Guantanamo (see Hydrographic Office Chart 1857). From a point on the south coast, 4.37 nautical miles to the eastward of Windward Point Light House, a line running north (true) a distance of 4.25 nautical miles;

From the northern extremity of this line, a line running west (true), a distance of 5.87 nautical miles;

From the western extremity of this last line, a line running south-west (true), 3.31 nautical miles;

From the southwestern extremity of this last line, a line running south (true), to the seacoast.

This lease shall be subject to all the conditions named in Article II of this agreement.

2nd. In Northwestern Cuba (see Hydrographic Office Chart 2036). In Bahia Honda (see Hydrographic Office Chart 520b).

All that land included in the peninsula containing Cerro del Morillo and Punta del Carenero situated to the westward of a line running south (true) from the north coast at a distance of thirteen hundred yards east (true) from the crest of Cerro del Morrillo, and all the adjacent waters touching upon the coast line of the above described peninsula and including the estuary south of Punta del Carenero with the control of the headwaters as necessary for sanitary and other purposes.

And in addition all that piece of land and its adjacent waters on the western side of the entrance to Bahia Honda included between the shore line and a line running north and south (true) to low water marks through a point which is west (true) distant one nautical mile from Pta. Dey Cayan.

ARTICLE II

The grant of the foregoing Article shall include the right to use and occupy the waters adjacent to said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose.

Vessels engaged in the Cuban trade shall have free passage through the waters included within this grant.

ARTICLE III

While on the one hand the United states recognizes the continuance of the ultimate sovereignty of the Republic of Cuba over the above described areas of land and water, on the other hand the Republic of Cuba consents that during the period of the occupation by the United states of said areas under the terms of this agreement the United states shall exercise complete jurisdiction and control over and within said areas with the right to acquire (under conditions to be hereafter agreed upon by the two Governments) for the public purposes of the United States any land or other property therein by purchase or by exercise of eminent domain with full compensation to the owners thereof.

Done in duplicate at Habana, and signed by the President of the Republic of Cuba, this the sixteenth day of February, 1903.

(SEAL) T. Estrada Palma Signed by the President of the United States the twenty-third of February 1903. (SEAL) Theodore Roosevelt

TREATY SERIES No. 426

LEASE OF COALING OR NAVAL STATIONS

AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CUBA

Signed at Habana, July 2, 1903 Approved by the President of the United States, October 2, 1903 Ratified by the President of Cuba. August 17, 1903 Ratifications exchanged at Washington, October 6, 1903.

UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1932

The United States of America and the Republic of Cuba, being desirous to conclude the conditions of the lease of areas of land and waters for the establishment of naval or coaling stations in Guantanamo and Bahia Honda the Republic of Cuba made to the United States by the Agreement of February 16/23, 1903, in fulfillment of the provisions of Article Seven of the Constitutional Appendix of the Republic of Cuba, have appointed their Plenipotentiaries to that end.

The President of the United States of America, Herbert G. Squiers, Envoy Extraordinary and Minister Plenipotentiary in Havana,

And the President of the Republic of Cuba, Jose M. Garcia Montes, Secretary of Finance, and acting Secretary of State and Justice, who, after communicating to each other their respective full powers, found to be in due form, have agreed upon the following Articles:

Article I

The United States of America agrees and covenants to pay for the Republic of Cuba the annual sum of two thousand dollars, in gold coin of the United States, as long as the former shall occupy and use said areas of land by virtue of said Agreement.

All private lands and other real property within said areas shall be acquired forthwith by the Republic of Cuba.

The United States of America agrees to furnish to the Republic of Cuba the sums necessary for the purchase of said private lands and properties and such sums shall be accepted by the Republic of Cuba as advance payment on account of rental due by virtue of said Agreement.

Article II

The said areas shall be surveyed and their boundaries distinctly marked by permanent fences or enclosures.

The expenses of construction and maintenance of such fences or enclosures shall be borne by the United States.

Article III

The United States of America agrees that no person, partnership, or corporation shall be permitted to establish or maintain a commercial, industrial or other enterprise within said areas.

Article IV

Fugitives from justice charged with crimes or misdemeanors amenable to Cuban law, taking refuge within said areas, shall be delivered up by the United States authorities on demand by duly authorized Cuban authorities.

On the other hand, the Republic of Cuba agrees that fugitives from justice charged with crimes or misdemeanors amenable to United States law, committed with said areas, taking refuge in Cuban territory shall on demand, be delivered up to duly authorized United States authorities.

Article V

Materials of all kinds, merchandise, stores and munitions of war imported into said areas for exclusive use and consumption therein, shall not be subject to payment of customs duties nor any other fees or charges and the vessels which may carry same shall not be subject to payment of port, tonnage, anchorage or other fees, except in case said vessels shall be discharged without the limits of said areas; and said vessels shall not be discharged without the limits of said areas otherwise than through a regular port of entry of the Republic of Cuba when both cargo and vessel shall be subject to all Cuban Customs laws and regulations and payment of corresponding duties and fees.

It is further agreed that such materials, merchandise, stores and munitions of war shall not be transported from said areas into Cuban territory.

Article VI

Except as provided in the preceding Article vessels entering into or departing from the Bays of Guantanamo and Bahia Honda within the limits of Cuban territory shall be subject exclusively to Cuban laws and authorities and orders emanating from the latter in all that respects port police, Customs or Health, and authorities of the United States shall place no obstacle in the way of entrance and departure of said vessels except in case of a state of war.

Article VII

This lease shall be ratified and the ratifications shall be exchanged in the City of Washington within seven months from this date.

In witness thereof, We, the respective Plenipotentiaries, have signed this lease and hereunto affixed our Seals.

Done at Havana, in duplicate in English and Spanish this second day of July nineteen hundred and three.

(seal) H. G. Squiers

(seal) Jose M. Garcia Montes

I, Theodore Roosevelt, President of the United States of America, having seen and considered the foregoing lease do hereby approve the same, by virtue of the authority conferred by the seventh of the provisions defining the relations which are to exist between the United Sates and Cuba, contained in the Act of Congress approved March 2, 1901. Entitled "an Act making appropriation for the support of the Army for the fiscal year ending June 30, 1902."

Washington, October 2, 1903.

Theodore Roosevelt

TREATY SERIES No. 866

RELATIONS

TREATY BETWEEN THE UNITED STATES OF AMERICA AND CUBA Signed at Washington, May 29, 1934 Ratification advised by the Senate of the United States, May 31, 1934 (legislative day of May 28, 1934) Ratified by the President of the United States, June 5, 1934. Ratified by Cuba, June 4, 1934. Ratifications exchanged at Washington, June 9, 1934. Proclaimed by the President of the United States, June 9, 1934.

UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 By the President of the United States of America A PROCLAMATION

WHEREAS a treaty of Relations between the United States of America and the Republic of Cuba was concluded and signed by the respective Plenipotentiaries at Washington on the twenty-ninth day of May, one thousand nine hundred and thirty-four, the original of which Treaty, being in the English and Spanish languages, is word for word as follows:

The United States of America and the Republic of Cuba, being animated by the desire to fortify the relations of friendship between the two countries and to modify, with this purpose, the relations established between them by the Treaty of Relations signed at Habana, May 22, 1903, have appointed, with this intention, as their Plenipotentiaries:

The President to the United States f America; Mr. Cordell Hull, Secretary if States of the United States of America, and Mr. Sumner Welles, Assistant Secretary of States of the United States of America; and

The Provisional President of the Republic of Cuba, Senor Dr. Manuel Marquez Sterling, Ambassador Extraordinary and Plenipotentiary of the Republic of Cuba to the United States of America;

Who, after having communicated to each other their full powers which were found to be in good and due form, have agreed upon the following articles:

Article I

The Treaty of Relations which was concluded between the two contracting parties of May 22, 1903, shall cease to be in force, and is abrogated, from the date on which the present Treaty goes into effect.

Article II

All the acts effected in Cuba by the United States of America during its military occupation of the island, up to May 20, 1902, the date on which the Republic of Cuba was established, have been ratified and held as valid; and all the rights legally acquired by virtue of those acts shall be maintained and protected.

Article III

Until the two contracting parties agree to the modifications or abrogation of the stipulations of the agreement in regard to the lease to the United States of America of lands in Cuba for coaling and naval stations signed by the President of the Republic of Cuba on February 16, 1903, and by the President of the United States of America on the 23rd day of the same month and year, the stipulations of that agreement with regard to the naval stations of Guantanamo shall continue in effect. The supplementary agreement in regard to naval or coaling stations signed between the two Governments on July 2, 1903, also shall continue in effect in the same form and on the same conditions with respect to the naval station at Guantanamo. So long as the United States of America shall not abandon the said naval station of Guantanamo or the two Governments shall not agree to a modification of its present limits, the station shall continue to have territorial area that it now has, with the limits that it has on the date of the signature of the preset Treaty.

Article IV

If at any time in the future a situation should arise that appears to point an outbreak of contagious disease in the territory of either of the contracting parties, either of the two Governments shall, for its own protection, and without its act being considered unfriendly, exercise freely and at its discretion the right to suspend communications between those of its ports that it may designate and all or part of the territory of the other party, and for the period that it may consider to be advisable.

Article V

The present Treaty shall be ratified by the contracting parties in accordance with their respective constitutional methods; and shall go into effect on the date of the exchange of their ratifications, which shall take place in the city of Washington as soon as possible.

IN FAITH WHEREOF, the respective Plenipotentiaries have signed the present Treaty and have affixed their seals hereto.

DONE in duplicate, in the English and Spanish languages, at Washington on the twenty-ninth day of May, one thousand nine hundred and thirty-four.

(seal) Cordell Hull (seal) Sumner Welles (seal) M. Marquez Sterling

AND WHEREAS, the said Treaty has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the city of Washington on the ninth day of June one thousand nine hundred and thirty-four;

NOW THEREFORE be it known that I, Franklin D. Roosevelt, President of the United States of America, have caused the said Treaty to be made public, to that end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

DONE in the City of Washington this ninth day of June, in the year of our Lord one thousand nine hundred and thirty-four and of the Independence of the United States of America the one hundred and fifty-eighth.

Franklin D. Roosevelt BY the President: Cordell Hull Secretary of State