CubanAmerican Treaty From Wikipedia, the free encyclopedia Not to be confused with CubanAmerican Treaty of Relations or Platt Amendment.

The CubanAmerican Treaty consists of two documents, the first was finalized in Fe bruary 1903, and the second finalized in July 1903. The treaty stipulates that Republic of Cuba lease to the United States specific lands in Cuba, most notably the land that surrounds Guantnamo Bay, for the purpos e of coaling and naval stations, for as long as necessary. The lease stipulates that the United States "shall exercise complete jurisdiction and control", while recognizing "the continuance of the ultimate sovereignty of the Republic of Cub a". Cuban vessels involved in trade will have free passage through the waters. T he United States has the right to modify the waters as necessary. This lease fulfilled one of the promises that Cuba made to the United States in the CubanAmerican Treaty of Relations. Maximum extent of the American territorial desires in Cuba. Contents [hide] 1 1903 lease documents and their provisions 2 The Treaties of Relations 3 American perspectives 4 Cuban perspectives 5 See also 6 Notes 7 References 8 External links 1903 lease documents and their provisions[edit] The lease agreement for Guantanamo Bay was executed in two parts; the first,[1] a "framework agreement", was signed in February with the following provisions: a promise to lease, for the time required, specified areas of Guantanamo Bay, wi th Cuba to acquire and include any privately held interior lots, and two parcels of land and adjacent waters in Bahia Honda; the right to use the areas as naval stations, and for no other purpose, with a n on-exclusive easement to adjacent waters; jurisdiction belongs to the US, and "recognizes the continuance of ultimate sove reignty"[a] of Cuba. The second,[2] was signed in July 1903 with the following provisions: the annual lease payment of USD$2,000 in U.S. gold coin, as long as the US occup ies and uses the areas US to build fences, only for military use extradition a duty-free zone, but not a port of entry for weapons or other goods Cuban rights of access to the Bay ratification to be within seven months. The Treaties of Relations[edit] Main article: CubanAmerican Treaty of Relations The 1903 Treaty of Relations and the 1934 Treaty of Relations refer to the 1903 leasing of the Bay. The 1903 Treaty of Relations, signed in May, formalized the unequal relationship between the two countries. One of the provisions of the treaty was a promise by Cuba to execute a lease for Naval Bases on the Island. This promise, taken toge ther with other promises, allowed the president to withdraw most troops from Cub a. The 1903 Treaty of Relations was superseded by the 1934 Treaty of Relations. It abrogated the 1903 treaty, but affirmed the lease. American perspectives[edit]

The treaty actually fell short of the original desires of both the United States government and its military cabinet.[3] Their aim was to accomplish the leasing to the United States of a total of four naval bases located in strategically fa vorable port areas of Cuba, including Guantnamo Bay. The other three were Bahia H onda (close to the Cuban capital of Havana), Cienfuegos, and Nipe Bay.[3] The Is le of Pines was also considered for annexation into the United States. The Telle r Amendment prohibited the annexation of Cuba, but the 1903 Treaty of Relations specified that that Island was not Cuban territory, leaving annexation open. In partial compliance with its obligations under the lease, the U.S. sends a pay ment to the Cuban government each year. The payment due on July 2, 1974 was made by check in the amount $4,085,[4] which is the same amount sent in 2006. After the Cuban Revolution, the government under Fidel Castro has cashed one of these checks. Castro says this was only done because of "confusion" in the heady early days of the revolution. The remaining checks, made out to "Treasurer General of the Republic", a position that ceased to exist after the revolution, were shown stuffed in a desk drawer in Castro's office during a television interview with the leader years ago.[5] The U.S. government maintains that cashing that check c onstituted an official validation of the treaty[citation needed]. Cuban perspectives[edit] The government of Cuba believes[6] that the base is a constant affront to its so vereignty the base was taken under duress the base is maintained under the threat of atomic force the US has demanded that we remove weapons operated by our friends, while we res pect weapons operated by our enemies the base does not serve to protect Cuba but to threaten Cuba weapons are smuggled into Cuba through the base the land that belongs to Cuba is used to shelter criminals from justice, includi ng murderers we shall regain the territory but not through force. we will wait and exercise t hose rights by the paths provided by International law the workers, who are employed at the base in "jobs" doing work contrary to the n ational interests, are paid in pesos, which are claims upon the wealth of Cuba, which the workers do nothing to enhance Professor Alfred-Maurice de Zayas argues that there may be material or fundament al breaches of the lease, related to sovereignty, that cause it to be voidable e x nunc.[7] The military prison built at Guantnamo is in itself controversial.[8] The Februar y 1903 lease, in Article II, states that the United States is allowed "generally to do any and all things necessary to fit the premises for use as coaling or na val stations only, and for no other purpose." The legality of the prison hinges upon whether the construction of a prison for the permanent arbitrary detention of people is necessary in order to fit the premises to the purpose of a naval (o r coaling) station. Contrary to frequent assertion that the lease is perpetual,[8] the lease for the Naval Base is for "the time required", a date not known at the time of the sign ing, but objectively related to changing circumstances. In addition, contracts c an be terminated by a material or an anticipatory breach. The Cuban Missile Cris is ended with a pledge from the United States not to invade Cuba, a partial rest oration of the purpose of the lease, and of Article I of the 1934 Treaty. See also[edit] Portal icon Cuba portal Cuba United States relations Notes[edit] Jump up ^ The meaning "ultimate sovereignty" is controversial. The phrase in Spa nish is "la soberania definitive".

References[edit] Jump up ^ Text of February 1903 lease, Yale Law Jump up ^ Text of July 1903 lease, Yale Law ^ Jump up to: a b "Leasing of U.S. Base Guantnamo Bay". Suburban Emergency Manage ment Project. January 29, 2010. Retrieved December 19, 2010. [Dead link] Jump up ^ Strauss, Michael (2009). The Leasing of Guantanamo Bay. Appendix 12: A BC-CLIO Inc. p. 253. ISBN 0313377820. The appedix contains a reproduction of the check. Appendix 10 says that the check amount sent in 1973 was $3676.50 Jump up ^ Boadle, Anthony (17 August 2007). "Castro: Cuba not cashing U.S. Guant anamo rent checks". Reuters. Retrieved 2012-09-03. The article incorrectly repor ts that the amount is sent each month. Jump up ^ US Joint Publications Research Service, 1977, pdf, English translation of 1970 Spanish document "Crimes and Provocations". Selected official comments made from 1960-1963, regarding the US occupation of Cuba, starting at page 31 Jump up ^ The Status Of Guantnamo Bay And The Status Of The Detainees, Alfred de Zayas. November 19, 2003 presentation ^ Jump up to: a b Jurist, mentions that the prison is controversial, and says le ase is perpetual External links[edit] Cuban-American treaty, 1903 (full text) Lease text, 1903 (full text) Cuban-American treaty, 1934, reaffirming the above (full text) 1969 Vienna Convention on the Law of Treaties (full text) [hide] v t e Cuba CubaUnited States relations Bay of Pigs Invasion Brothers to the Rescue Commission for Assistance to a Free Cuba Cuban American Cuban-American lobby Cuban dissident movement Cuban Five Cub an missile crisis Cuban Project CubanAmerican Treaty Elin Gonzlez affair Guantanamo Bay Naval Base HelmsBurton Act List of CubaUnited States aircraft hijackings Luis Posada Carriles Mariel boatlift Operation Northwoods Operation Peter Pan Platt Amendment SpanishAmerican War United States Ambassador to Cuba United States emba rgo against Cuba United States Interests Section in Havana Coat of Arms of Cuba Categories: Treaties of the United StatesHistory of CubaCubaUnited States relatio ns1903 in Cuba1903 in the United StatesTreaties of CubaCubaUnited States borderTr eaties concluded in 1903 Navigation menu Create accountLog inArticleTalkReadEditView history Search Main page Contents Featured content Current events Random article Donate to Wikipedia Interaction Help About Wikipedia Community portal Recent changes Contact page Tools Print/export Languages Espaol Franais Bahasa Melayu

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