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Mika

(17,751 posts)
15. Care to show us the exact language that states that? Thanks.
Wed Jan 28, 2015, 07:44 PM
Jan 2015

Here's the lease ...

Lease to the United States by the Government of Cuba of Certain Areas of Land and Water for Naval or Coaling Stations in Guantanamo and Bahia Honda; July 2, 1903


Signed at Habana, July 2, 1903;
Approved by the President, October 2, 1903;
Ratified by the President of Cuba, August 17,1903;
Ratifications exchanged at Washington, October 6,1903
The United States of America and the Republic of Cuba, being desirous to conclude the conditions of the lease of areas of land and water 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 to 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 inclosures.

The expenses of construction and maintenance of such fences or inclosures 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 within 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 whereof, 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.

JOSE M. GARCIA MONTES [SEAL]

H. G. SQUIERS [SEAL]

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 States 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.





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0 members have recommended this reply (displayed in chronological order):

That's unfortunate - I don't see any scenario in which the US gives back Guantanamo Bay George II Jan 2015 #1
Isn't it only leased atm anyway? Erich Bloodaxe BSN Jan 2015 #2
It is leased. Cuba can break the lease, if it chooses to. Mika Jan 2015 #6
The lease was written so both parties have to agree to break it. EX500rider Jan 2015 #10
Care to show us the exact language that states that? Thanks. Mika Jan 2015 #15
Article I EX500rider Jan 2015 #17
And how does this prevent Cuba from terminating the lease? Mika Jan 2015 #20
As written as long as the US makes payments it is in effect. EX500rider Jan 2015 #21
Except that a lease may be terminated by the lessor. Mika Jan 2015 #25
"Except that a lease may be terminated by the lessor." if stipulated in the lease.. EX500rider Jan 2015 #43
Spoken like a true imperialist or a false historian. JackRiddler Jan 2015 #59
He's referring to the "gov't" that Teddy Roosevelt & his roughriders put in power. Mika Jan 2015 #73
If the US was "Imperlists" in 1903 Cuba would have been a US state after we.. EX500rider Jan 2015 #84
If your position was true, Castro did that in 1959 happyslug Jan 2015 #75
The lease doesn't say they have to cash the checks. EX500rider Jan 2015 #88
Cuba is certainly violating Article IV. former9thward Jan 2015 #93
The US is committing the same violation. Mika Jan 2015 #108
If they could break the lease by themselves, they would have decades ago Reter Jan 2015 #53
Yeah, they should just post an eviction notice on the door Orangepeel Jan 2015 #99
It is leased, until "no longer necessary", which isn't very specific. We paid roughly $200 a year.. George II Jan 2015 #19
True bullying at its finest. It was accomplished in 1903 with the "Provisional President." Judi Lynn Jan 2015 #60
Great info for the thread flamingdem Jan 2015 #78
I lived in the US Virgin Islands and a normalization of relations with Cuba QuestionAlways Jan 2015 #47
... or give up the Panama Canal, or turn its back on the Shah of Iran or turn over Subic Bay........ marble falls Jan 2015 #61
The Panama Canal was subject to a 99 year lease.... happyslug Jan 2015 #116
Either this is a negociating ploy or the deal is off FLPanhandle Jan 2015 #3
Why not? The base was created in what has since been discredited, a war years ago. freshwest Jan 2015 #23
+1 If anything, I think closing Guantanamo will help us in the prestige dept. nt snappyturtle Jan 2015 #49
See #47 above QuestionAlways Jan 2015 #51
Sorry, for some reason I can't see #47. So that doesn't answer my question. Who posted it, or who freshwest Jan 2015 #58
Giving up Gitmo is as much a political decision as practical one FLPanhandle Jan 2015 #67
The US rapprochement is a one way street. The US way, or the highway. Mika Jan 2015 #74
Cuba has more to gain than the US FLPanhandle Jan 2015 #77
Cuba's position is the goal full normalization - as it always has. Mika Jan 2015 #82
The USA needs to give Guantanamo back flamingdem Jan 2015 #76
This whole public demand means Kerry/Obama probably have made an error FLPanhandle Jan 2015 #79
I support what they did but have always noticed how STUPID the USA is regarding Cuba flamingdem Jan 2015 #81
I think this is the way Guantanamo will be closed without congress. Thanks to President O. Sunlei Jan 2015 #121
Hoping like hell you are right! n/t Judi Lynn Jan 2015 #132
I think we SHOULD turn Gitmo over to the Cubans.... Adrahil Jan 2015 #111
We should and would probably be wiling to behind closed doors over time FLPanhandle Jan 2015 #114
I think they have the right to ask for it to be returned. Also, it's not about national pride. freshwest Jan 2015 #115
That doesn't change reality. Adrahil Jan 2015 #123
Odd-- the same thing was said about simply opening better relations with Cuba, too. LanternWaste Jan 2015 #107
Shit's gettin real BrotherIvan Jan 2015 #4
Or we can wait a few years until both Castros are dead hack89 Jan 2015 #5
Love your staunch position and bravery. Mika Jan 2015 #7
The second generation of Chinese leaders embraced capitalism hack89 Jan 2015 #22
The average age of the Cuban National Assembly is 49 yrs old. Mika Jan 2015 #26
Time will tell. hack89 Jan 2015 #29
Cuba has always sought normalization. Mika Jan 2015 #30
Don't blame them hack89 Jan 2015 #35
Who cannot make unilateral demands? Mika Jan 2015 #37
The U.S. will not give up Gitmo without concessions hack89 Jan 2015 #39
Spot on. outside Jan 2015 #102
Cuba's per capita debt is 1/30th of the US's. Mika Jan 2015 #109
China embracing capitalism will be the death of the USofA. nm rhett o rick Jan 2015 #40
That has been American policy for 56 years. former9thward Jan 2015 #8
Cuba has a lot more to gain than we do. hack89 Jan 2015 #24
Let us know when the US becomes "self sufficient". Mika Jan 2015 #27
We can feed our population without imports. They can't hack89 Jan 2015 #32
Mission accomplished. That's what the US sanctions intended to do. Impoverish the people of Cuba. Mika Jan 2015 #36
Bringing Cuba into the global economy is paramount hack89 Jan 2015 #38
We are an imperialistic country. We will do what makes money for our Oligarch Rulers. rhett o rick Jan 2015 #46
I think its the opposite. Cuba doesn't have sweatshops making Nike shoes and Sony TVs. Mika Jan 2015 #50
And why do you think that is? nm rhett o rick Jan 2015 #52
Cubans overwhelmingly rejected it in the late 50's. Mika Jan 2015 #54
How do you get there? nm rhett o rick Jan 2015 #87
I buy a ticket and fly out of Ft Lauderdale airport. Mika Jan 2015 #112
My wife and I would like to visit someday. nm rhett o rick Jan 2015 #117
can also fly to cuba from canada/mexico no passport is needed. people do this all the time. Sunlei Jan 2015 #122
FYI, if you don't qualify under the new regs, it is still illegal for you to go. eom Mika Jan 2015 #124
Nope, they don't make much of anything, and the average wage Adrahil Jan 2015 #130
And you were there when? Mika Jan 2015 #131
Just do it. Owl Jan 2015 #9
To give back Gitmo, US would have to disinter and dispose of all their murder victims Demeter Jan 2015 #11
I don't see the US giving Guantanamo back any time soon, but the lifting of the embargo will hughee99 Jan 2015 #12
Oh yeah? DeSwiss Jan 2015 #64
You think Cuba will hold up normalized relations with one of the largest economies in the world hughee99 Jan 2015 #80
That's not ALL of what they said, nor I.... DeSwiss Jan 2015 #95
Did they mention the 6,000 American owned properties they seized? (and never paid for) EX500rider Jan 2015 #13
Did you mention compensation was offered decades ago and people in other countries, Judi Lynn Jan 2015 #14
The payment was to be made in Cuban bonds—an idea that was not taken seriously by the United States EX500rider Jan 2015 #16
The payments made by Cuba were accepted by all other non-US entities. Mika Jan 2015 #31
Sure: EX500rider Jan 2015 #41
Thanks for the op/ed link. Mika Jan 2015 #44
So U.S. owners, like the George H. W. Bush relatives decided the arrangements taken by others Judi Lynn Jan 2015 #45
They knew that the US long game plan was to impoverish Cuba. Of course they wanted cash. Mika Jan 2015 #56
That's accurate to the core. Glad you mentioned it. n/t Judi Lynn Jan 2015 #66
Just 'cause Cuba makes a offer doesn't mean we have to take. EX500rider Jan 2015 #85
You seem to have forgotten US-supported monster Fulgencio Batista took the Cuban Treasury Judi Lynn Jan 2015 #55
"after everyone knows it offered compensation" EX500rider Jan 2015 #86
By the design of the country that refused payment. Mika Jan 2015 #110
Cuban bonds would be next to worthless anyway. EX500rider Jan 2015 #118
And exactly who where those 6,000 Americans that "owned" property in Cuba? rhett o rick Jan 2015 #48
The Treaty of Paris (1783) compensated the British property owners. former9thward Jan 2015 #94
Interesting thing about the 1%. When they gamble on stocks or derivitives or rhett o rick Jan 2015 #103
Interesting trivia fact about Cuban compensation. former9thward Jan 2015 #105
I don't think the USofA should use their bully powers to see that corporations like that rhett o rick Jan 2015 #106
Unless they brought it with them, nobody owns shit on this planet. DeSwiss Jan 2015 #65
Cool...so you don't own your house then? EX500rider Jan 2015 #83
''Tibi non potest accipies tecum'' DeSwiss Jan 2015 #96
Cuba might be better off negotiating for the US to turn atleast part of Guantanamo cstanleytech Jan 2015 #18
Negotiations will continue, much better a war of words than a.....war. Fred Sanders Jan 2015 #28
A war? Cuba's ANNUAL military budget = less than 4 hours US military budget. Mika Jan 2015 #34
Makes sense though I mean why have a large military when you are on an island that doesnt really cstanleytech Jan 2015 #42
No Cuban neighbors are likely to invade Cuba? Really? Does "Bay of Pigs" Judi Lynn Jan 2015 #57
Yes and since that stupidity they have not tried and why should they? Cuba doesnt hold any real cstanleytech Jan 2015 #63
If the people who run the U.S. have no interests in invading Cuba, why did Pres. Dwight Eisenhower Judi Lynn Jan 2015 #69
You are talking from decades ago but I am talking currently and currently barring anything cstanleytech Jan 2015 #72
I guess you have forgotten about Cuban military intervention overseas. former9thward Jan 2015 #127
Shame on you for bringing up those pesky facts! Zorro Jan 2015 #129
Plan! libodem Jan 2015 #33
K&R DeSwiss Jan 2015 #62
Yeowwwwch! Looks dangerous! n/t Judi Lynn Jan 2015 #70
It's like those Clearinghouse Sweepstakes letters...... DeSwiss Jan 2015 #97
Sad to see the defense of sociopath imperialists n/t JonLP24 Jan 2015 #68
Isn't it, though! Not so democratic. n/t Judi Lynn Jan 2015 #71
So sad to see the defense of communists dictators too. EX500rider Jan 2015 #89
How do you feel about US - Saudi Arabia relations? JonLP24 Jan 2015 #90
I didn't defend any actions. EX500rider Jan 2015 #119
Jurisdiction is in Cuba. Mika Jan 2015 #125
Yeah but sociopathic imperialists are much, much worse. DeSwiss Jan 2015 #126
No when it comes to sociopaths the Stalin's and Mao's win the race by far. EX500rider Jan 2015 #128
Tough talk before the impending increased privatizations. joshcryer Jan 2015 #91
Time for Obama to pull back and let Raul and Fidel stew for a while Zorro Jan 2015 #92
Why? For having the audacity to ask us to give up our hub of villainy on their island? TheKentuckian Jan 2015 #98
Simple negotioation strategy Elmer S. E. Dump Jan 2015 #100
Well, that's one way to close Guantanamo. no_hypocrisy Jan 2015 #101
The U.S. should accede to these demands, promptly. Paladin Jan 2015 #104
+ infinity Mika Jan 2015 #113
Thats what I have always suggested, give back Guantanamo, get out. That land belongs to Cuba. Sunlei Jan 2015 #120
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