The 1903 Cuban–American Treaty of Relations ( es, Tratado Cubano–Estadounidense) was a treaty between the

Republic of Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbean ...

and the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

signed on May 22, 1903. The treaty contemplated leases of

Guantánamo Bay Guantánamo Bay ( es, Bahía de Guantánamo) is a bay in Guantánamo Province at the southeastern end of Cuba. It is the largest harbor on the south side of the island and it is surrounded by steep hills which create an enclave that is cut off ...

; one such lease had been executed earlier in the year in February 1903, and a second lease was executed later in the year in July 1903.

The 1903 Treaty of Relations

U.S. law directed the president to cede control of Cuba to its government only when that government had endorsed the seven provisions established in U.S. law by the

Platt Amendment On March 2, 1901, the Platt Amendment was passed as part of the 1901 Army Appropriations Bill.Second Occupation of Cuba The Provisional Government of Cuba lasted from September 1906 to February 1909. This period was also referred to as the Second Occupation of Cuba. When the government of Cuban President Tomás Estrada Palma collapsed, U.S. President Theodore R ...

from 1906 to 1909. On September 29, 1906,

Secretary of War The secretary of war was a member of the U.S. president's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War", had been appointed to serve the Congress of the ...

(and future U.S. president)

William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...

initiated the Second Occupation of Cuba when he established the Provisional Government of Cuba under the terms of the treaty (Article three), declaring himself Provisional Governor of Cuba.Records of the Provisional Government of Cuba

National Archives and Records Administration The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It i ...

. "Established: By a proclamation of the Secretary of War, September 29, 1906, under general authority of the Permanent Treaty of 1903 between the United States and the Republic of Cuba, with oversight responsibilities assigned to the Bureau of Insular Affairs (War Department) by EO 518, October 23, 1906. ... History: Military Government of Cuba established by Maj. Gen. John R. Brooke, December 28, 1898, as a consequence of U.S. invasion and occupation of Cuba in the Spanish–American War, in accordance with Presidential order published in General Order 184, Headquarters of the Army, December 13, 1898. Spanish colonial administration formally terminated, January 1, 1899. Republic of Cuba established by transfer of sovereignty, May 20, 1902. Domestic unrest in Cuba led to the proclamation of September 29, 1906, which designated Secretary of War William H. Taft as Provisional Governor of Cuba. Taft succeeded as Provisional Governor by Charles E. Magoon, October 13, 1906. EO 518, October 23, 1906, ordered Governor Magoon to report to the Secretary of War through the Bureau of Insular Affairs. Military government terminated January 28, 1909." On October 23, 1906, President Roosevelt issued , ratifying the order. The 1903 Treaty of Relations was superseded by the 1934 Treaty of Relations, which abrogated in large measure the 1903 treaty while affirming the U.S. right to lease land for a naval station and continuing to hold the U.S. blameless for actions taken before the establishment of the Republic of Cuba in 1902.

The 1903 lease treaties

One lease that accomplished what the treaty contemplated had been executed earlier in the year and a second lease was executed later in the year. The lease treaty agreed to from February 16–23, 1903 stipulates that the

lease to the United States specific lands in Cuba, notably the land that surrounds

, for the purpose 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 Cuba". Cuban vessels involved in trade will have free passage through the waters. The United States has the right to modify the waters as necessary. Under the lease treaty signed on July 2, 1903, the U.S. must send $2,000 in gold as payment to the Cuban government each year. After the

Gold Reserve Act The United States Gold Reserve Act of January 30, 1934 required that all gold and gold certificates held by the Federal Reserve be surrendered and vested in the sole title of the United States Department of the Treasury. It also prohibited the Tre ...

of 1934 removed the U.S. gold standard, lease payments were unilaterally changed to a cardboard check backed by paper dollars. The payment due on July 2, 1974, was made by check in the amount $4,085. With inflation, $2,000 of 1903 dollars would be worth about $4,085 in 1934 and would be further increased to over $52,000 in 2013; however the payment remains at $4,085. Since the Cuban Revolution, the Cuban government has cashed one of these checks, and only because of "confusion" in the early days of the revolution. The other checks, made out to "Treasurer General of the Republic", a position that has not existed since 1959, were once shown stuffed in a desk drawer in Castro's office during a television interview with him.

American perspectives

The treaty fell short of the original desires of both the United States government and its military cabinet in Cuba. The desire was to lease four areas rather than the two: Guantánamo Bay and Bahia Honda. The other two were

Cienfuegos Cienfuegos (), capital of Cienfuegos Province, is a city on the southern coast of Cuba. It is located about from Havana and has a population of 150,000. Since the late 1960s, Cienfuegos has become one of Cuba's main industrial centers, especial ...

, and

Nipe Bay Nipe Bay ( es, Bahía de Nipe) is a bay on the northern coast of Cuba in Holguín Province, part of the former Oriente Province.''Merriam-Webster's Geographical Dictionary'', Third Edition, p. 830. It is part of the municipalities of Mayarí and An ...

Cuban perspectives

The government of Cuba argues that the base is a constant affront to its sovereignty, taken under duress and maintained under the threat of atomic force. It has complained that weapons are smuggled into Cuba through the base and that the base shelters criminals fleeing from Cuban justice. The lease contains a mutual extradition right to both parties for fleeing criminals. Cuban-American Professor

Alfred-Maurice de Zayas Alfred-Maurice de Zayas (born 31 May 1947) is a Cuban-born American lawyer and writer, active in the field of human rights and international law. From 1 May 2012 to 30 April 2018, he served as the first UN Independent Expert on the Promotion o ...

argues that the lease may have been invalidated by material or fundamental breaches of its terms. The February 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 naval stations only, and for no other purpose." He questions whether the prison facility meets those criteria.

References

External links