With regard to the articles in a convention dealing with consular rights, the Department encloses copies of the articles on this subject from the convention signed by representatives of the United States and Germany on December 8, 1923.12 On February 10, 1925, the Senate of the United States gave its advice and consent to the ratification of this convention with certain reservations which do not apply to the articles relating to consular rights. 13 In your despatch No. 968, dated January 8, 1925, you referred to a memorandum regarding consular administration which you had signed with Mr. Wilbur J. Carr, now Assistant Secretary of State. You stated that a treaty of a general character concerning consuls was drafted by the Fourth Pan American Conference held at Buenos Aires in 1910 and you requested English copies of the treaty and of the memorandum signed by you. The Department encloses a copy of the report signed by you and Mr. Carr "Upon Uniformity of Customs Regulations, Consular Certificates, and Invoices and Port Charges"," which it is understood was prepared in connection with the Pan American Financial Conference in 1915.14 As the memorandum does not cover the usual subject matters dealt with in a consular convention and as the Department has drafted, on very careful consideration, the articles on this subject in the convention with Germany, signed on December 8, 1923, copies of which are enclosed,12 it is believed that it would be inadvisable for you to make any further reference to the memorandum which you and Mr. Carr signed in continuing the discussion of the conclusion of a consular convention. With regard to the proposed convention to suppress smuggling operations, you are informed that a similar convention, signed by the United States with Canada on June 6, 1924, was approved by the Canadian House of Commons on March 3, 1925.15 With regard to the proposed convention providing for extradition on account of crimes or offenses committed against the laws for the suppression of the traffic in narcotics, you are informed that on January 27, 1925, the Senate of the United States gave its advice and consent to the ratification of a similar Convention signed by the United States with Canada on January 8, 1925, and removed the injunction of secrecy from it. The Convention was approved by the Canadian House of Commons on March 3, 1925. Two copies of the convention are enclosed.16 With respect to the proposed convention for the prevention of smuggling of intoxicating liquors, the Department encloses two copies of 14 Held in Washington, May 24-29, 1915; see Foreign Relations, 1915, pp. 20 ff. and p. 1310. the convention concluded by the United States with the British Government on January 23, 1924,17 dealing with this question. You are instructed to propose to the Cuban Government that a similar convention be concluded between the United States and Cuba. In making this proposal you will point out that Cuban vessels engaged in legitimate commerce would receive the advantages provided by Article III of the Convention. For your confidential information it may be stated that the Department is informed that the following vessels operating under the Cuban flag are engaged in smuggling intoxicating liquors into the United States: You are instructed to telegraph the Department what the views of the Cuban authorities are with respect to these proposals. I am [etc.] 711.379/1 FRANK B. KELLOGG The Secretary of State to the Ambassador in Cuba (Crowder) No. 446 WASHINGTON, March 18, 1925. SIR: The Department refers to its instruction No. 442, dated March 11, 1925, concerning the negotiation of conventions between the United States and Cuba. On page 3 of that instruction reference was made to the Convention for the prevention of the smuggling of intoxicating liquors, concluded between the United States and Great Britain on January 23, 1924, and you were instructed to propose to the Cuban Government that a similar convention be concluded between the United States and Cuba. In the second paragraph of Article IV of the Convention concluded on January 23, 1924, provision is made for referring cases of dispute to the Claims Commission established under the provisions of the Agreement for the Settlement of Outstanding Pecuniary Claims between the United States and Great Britain, signed at Washington on August 18, 1910.18 As a similar commission has not been established to consider the claims between the United States and Cuba, 17 Foreign Relations, 1924, vol. 1, p. 158. 18 Ibid., 1911, p. 266. 126127-40--7 it is believed that a provision similar to that contained in the convention concluded on June 6, 1924, between the United States and Panama 1o on this subject might be used in the convention with Cuba. The second paragraph of Article IV of the Convention concluded with Panama on June 6, 1924, provides that claims shall be referred to the Permanent Court of Arbitration at The Hague, described in the Convention for the Pacific Settlement of International Disputes, concluded at The Hague October 18, 1907. Two copies of the Convention with Panama are enclosed.20 In discussing the proposed Convention to prevent the smuggling of intoxicating liquors, you will therefore suggest that in drafting the second paragraph of Article IV of the Convention, phraseology similar to that used in the second paragraph of Article IV of the Convention with Panama, signed on June 6, 1924, be used. Please keep the Department fully informed regarding further developments with respect to the negotiation of these conventions. I am [etc.] FRANK B. KELLOGG 711.379/4 The Secretary of State to the Ambassador in Cuba (Crowder) No. 505 WASHINGTON, July 18, 1925. SIR: Having reference to your despatch No. 1108 of June 18, 1925, and the Department's telegram of today's date,21 concerning the convention for the prevention of smuggling, you are informed that, during a conference held at El Paso with representatives of the Mexican Government a draft of a convention was agreed upon,21 which is considered more advantageous to the United States than provisions of the Canadian Convention, signed June 6, 1924,22 forwarded to you with the Department's instruction No. 420 of February 2. These Articles read as follows: "Quote. Article I. The High Contracting Parties agree that all shipments of merchandise crossing the International Boundary line between Mexico and the United States, originating in and consigned from either of the two countries, shall be covered by a shipper's export declaration, and a copy of same, verified by the customs officials of the country of origin, shall be furnished to the customs officials of the country of destination. It is agreed also that the appropriate officials of either country shall give such information as the appropriate officials of the other country may request concern 19 Foreign Relations, 1924, vol. 1, p. 192. 20 Ibid., 1907, pt. 2, p. 1181. "Neither printed. 21 See convention between the United States and Mexico, signed Dec. 23, 1925, p. 510. 22 "Foreign Relations, 1924, vol. I, p. 189. ing the transportation of cargoes or the shipment of merchandise crossing the International Boundary line. "Article II. The High Contracting Parties agree that clearance of shipments of merchandise by water, air or land from any of the ports of either country to a port of entrance of the other country shall be denied if such shipment comprises articles the introduction of which is prohibited or restricted for whatever cause in the country to which such shipment is destined, provided, however, that such clearance shall not be denied on shipments of restricted merchandise when there has been complete compliance with the conditions of the laws of both countries. "It shall also be deemed to be the obligation of both of the High Contracting Parties to prevent by every possible means, in accordance with the laws of each particular country, the clearance of any vessel or other vehicle laden with merchandise destined to any port or place when there shall be reasonable cause to believe that such merchandise or any part thereof, whatever, may be its ostensible destination, is intended to be illegally introduced into the territory of the other Party. "Article III. The High Contracting Parties reciprocally agree to exchange promptly all available information concerning the names and activities of all persons known or suspected to be engaged in violations of the laws of the United States or Mexico with respect to smuggling or the introduction of prohibited or restricted articles. "Article IV. The High Contracting Parties agree that no merchandise or property of any character shall be authorized to be cleared or despatched out of either country, across the International Boundary line, except through ports or places duly authorized to clear such merchandise or property, and to or through duly authorized ports or places on the opposite side of said Boundary line; provided, that merchandise or property may be transported across said boundary line at any convenient place under special circumstances and after permits by both countries have been issued therefor. "Article V. The High Contracting Parties agree that they will exchange all available information concerning the existence and extent of contagious and infectious diseases of persons, animals, birds or plants, and the ravages of insect pests and the measures being taken to prevent their spread. The parties will also exchange information. relative to the study and use of the most effective scientific and administrative means for the suppression and eradication of such diseases and insect pests. Unquote. Secretary of Labor requests that an agreement to prevent smuggling of aliens from Cuba be concluded similar to provisions agreed upon at El Paso. These Articles read as follows: "Quote. Each of the High Contracting Parties agrees to employ all reasonable measures to prevent the departure of persons destined to territory of the other, except at or through regular ports or places of entry or departure established by the High Contracting Parties. "The High Contracting Parties mutually agree that they will exchange information regarding persons proceeding to the country of the other and regarding activities of any persons on either side of the border, when there is reasonable ground to believe that such persons are engaged in unlawful migration activities or in conspiracies against the other Government or its institutions, when not incompatible with the public interest. Unquote. Please submit these Articles to the Cuban representatives confidentially and endeavor to have smuggling convention include these provisions. I have [etc.] For the Secretary of State: 711.379/14 The Ambassador in Cuba (Crowder) to the Secretary of State No. 1166 HABANA, September 1, 1925. SIR: I have the honor to refer to the Department's instruction No. 422 [442] of March 11, 1925, transmitting certain articles, dealing with consular rights, from a convention signed by representatives of the United States and Germany on December 8, 1923. It will be recalled that in the Department's instruction No. 458 of April 9, 1925,23 the Embassy was authorized to defer the proposed treaty negotiations with Cuba until after the administration of General Machado had been established. Inasmuch, however, as it was the intention of this administration to retain Dr. Carlos Manuel de Céspedes as Secretary of State, I transmitted to him on May 5, 1925, drafts of the proposed treaties, among them the Consular Convention, in order that he might have an opportunity to study them in advance of the actual negotiations, which were to be taken up as soon as possible after the inauguration of the President on May 20, 1925. A copy of the suggested draft of the consular convention which was sent to Secretary Céspedes with my note of May 5, 1925, is to be found as Exhibit No. 2 of Enclosure No. 1 23 to this despatch. The installation of the new administration naturally made delay in the consideration of current business inevitable, and the subsequent illness of Secretary Céspedes again deferred the negotiations. Finally, however, under date of August 22 [12?], 1925, I received a communication from Dr. Céspedes, a copy of which is transmitted herewith as enclosure No. 1,23 which submitted certain comments on the draft convention submitted by the Embassy and enclosed a counter-draft for the consideration of the American Government. 23 Not printed. |