to prevent the passage of legislation which is regarded as highly detrimental to American interests. The bill is still in House committee. PILES [In despatch No. 579, September 18, 1929, the Minister in Colombia reported that: "Neither the irrigation problem (which formed the subject of the Department's telegram No. 12 of March 12, 7 P. M., 1928) nor the land problem of the United Fruit Company has ever been satisfactorily settled, although for over a year the company's petitions have been pending before the Council of State without a decision." (321.1154 United Fruit Company/14.)] ARRANGEMENT BETWEEN THE UNITED STATES AND COLOMBIA RESPECTING THE STATUS OF SERRANA AND QUITA SUEÑO BANKS AND RONCADOR CAY, EFFECTED BY EXCHANGE OF NOTES APRIL 10, 1928 18 Treaty Series No. 7601 The Colombian Minister (Olaya) to the Secretary of State No. 352 [Translation] WASHINGTON, April 10, 1928. The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Colombia, duly authorized by his Government, proposes to His Excellency the Secretary of State of the United States the conclusion, by exchange of notes of the following agreement respecting the status of Serrana and Quita Sueño Banks and Roncador Cay, situated in the western part of the Caribbean Sea, that is to say, that whereas both Governments have claimed the right of sovereignty over these Islands; and whereas the interest of the United States lies primarily in the maintenance of aids to navigation; and whereas Colombia shares the desire that such aids shall be maintained without interruption and furthermore is especially interested that her nationals shall uninterruptedly possess the opportunity of fishing in the waters adjacent to those Islands, the status quo in respect to the matter shall be maintained and the Government of Colombia will refrain from objecting to the maintenance by the United States of the services which it has established 18 For correspondence relating to this subject, see section entitled "Boundary Disputes: Colombia and Nicaragua," vol. 1, pp. 701 ff. or may establish for aids to navigation, and the Government of the United States will refrain from objecting to the utilization, by Colombian nationals, of the waters appurtenant to the Islands for the purpose of fishing. Treaty Series No. 7601 ENRIQUE OLAYA The Secretary of State to the Colombian Minister (Olaya) WASHINGTON, April 10, 1928. SIR: The undersigned, the Secretary of State, has the honor to acknowledge and take cognizance of a note of this date from the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Colombia, stating that having been duly authorized to take such action on behalf of the Colombian Government, by His Excellency the Minister of Foreign Affairs for Colombia, he proposes the conclusion by exchange of notes of the following agreement respecting the status of Serrana and Quita Sueño Banks and Roncador Cay, situated in the western part of the Caribbean Sea, that is to say, that whereas both Governments have claimed the right of sovereignty over these Islands; and whereas the interest of the United States lies primarily in the maintenance of aids to navigation; and whereas Colombia shares the desire that such aids shall be maintained without interruption and furthermore is especially interested that her nationals shall uninterruptedly possess the opportunity of fishing in the waters adjacent to those Islands, the status quo in respect to the matter shall be maintained and the Government of Colombia will refrain from objecting to the maintenance by the United States of the services which it has established or may establish for aids to navigation, and the Government of the United States will refrain from objecting to the utilization, by Colombian nationals, of the waters appurtenant to the Islands for the purpose of fishing. The arrangement set forth in the Minister's note is satisfactory to the Secretary of State who understands such arrangement to be concluded by this exchange of notes. Accept [etc.] FRANK B. KELLOGG DISAPPROVAL BY THE DEPARTMENT OF STATE OF PARTICIPATION OF AMERICAN CONSULAR OFFICERS IN JOINT REPRESENTATIONS TO AUTHORITIES OF FOREIGN GOVERNMENTS 702.0021/2 The Secretary of State to the Consul at Cali (Chapman) WASHINGTON, September 29, 1928. SIR: The Department has received your despatch No. 12, dated August 29, 1928,19 reporting the organization of a consular corps at Cali. It is noted that a committee has been appointed to draft a memorial to the Governor of the Department of Valle, to be signed by all members of the Corps, requesting the Governor to apprise the proper authorities at Bogotá of the deficiencies of the authorities at Buenaventura 20 and the desire of the corps to have steps taken to remedy them. In general, the Department does not approve of the participation by American consular officers in joint representations to authorities of foreign governments, except in very special circumstances and after the Department has granted specific authority in each case. An exception to the latter rule might be made in the presence of circumstances constituting an emergency, as, for example, when foreign lives and property are in actual and imminent danger and it is the judgment of the officer that immediate joint action is necessary. It is desired that consular officers reserve complete liberty of action at all times and the Department considers that in general the prestige and effectiveness of the Service can best be maintained by independent action. It is suggested that your conduct as member and Dean of the Consular Corps at Cali should conform with the foregoing. I am [etc.] CUBA PROPOSAL BY CUBA THAT THE COMMERCIAL CONVENTION BETWEEN THE UNITED STATES AND CUBA, SIGNED DECEMBER 11, 1902, BE REVISED1 611.3731/285 The Secretary of State to the Cuban Ambassador (Ferrara) WASHINGTON, June 13, 1928. EXCELLENCY: I have the honor to refer to Your Excellency's note of December 15, 1927,2 proposing certain tentative bases for the possible revision of the reciprocity treaty of 1902. This important subject has been receiving the earnest consideration of the Government of the United States since it was brought up by the Cuban Government over two years ago. In order that all phases of the subject might be examined in the light of all the pertinent facts, the United States Tariff Commission, as Your Excellency is aware, has been making during the past two years a detailed study of the history, operation and effects of the treaty. In November, 1926, Ambassador Crowder transmitted to your Government a copy of a preliminary analysis prepared by the Commission. I now transmit for the information of your Government copies of the report which has just been completed, entitled "The Effects of the Cuban Reciprocity Treaty of 1902".5 The tentative proposals set forth in Your Excellency's note of December 15, 1927, and the annexes thereto have been carefully studied by the interested branches of the Government of the United States. These proposals, which are much more favorable to Cuba than to the United States, appear to be based upon the assumption that the reciprocity treaty has operated and now operates more to the advantage of the United States than of Cuba. The report of the Tariff Commission, however, clearly indicates that such is not the case. Accordingly, when the proposals of the Cuban Government are examined in the light of that report, it does not appear on what basis they can be justified. Continued from Foreign Relations, 1927, vol. II, pp. 503-518. Ibid., 1903, p. 375. *Not printed. B Washington, Government Printing Office, 1929. I shall not take this occasion to discuss the subject at greater length, since I am sure that the Cuban Government will desire to re-examine the matter in the light of the full data contained in the report of the Tariff Commission. Accept [etc.] 611.3731/289 FRANK B. KELLOGG The Cuban Ambassador (Ferrara) to the Secretary of State [Translation] WASHINGTON, June 19, 1928. MR. SECRETARY: I have the honor to acknowledge receipt of Your Excellency's courteous Note No. 611.3731/225 [285], of the 13th instant, relative to certain tentative bases for a possible revision of the Treaty of Commercial Reciprocity of 1903 [1902]. I am forwarding the Note to my Government for its consideration. Subject to further consideration of these questions, the Government of Cuba continues to maintain its opinion that the present Treaty does not answer the reciprocal interests of the two countries as it ought to do. I avail myself [etc.] 611.3731/288 ORESTES FERRARA The Secretary of State to the Ambassador in Cuba (Judah) No. 170 WASHINGTON, June 23, 1928. SIR: By instruction No. 21 of January 12, 1928, you were informed that as soon as the report of the United States Tariff Commission regarding the operation of the Reciprocity Treaty between the United States and Cuba, a copy of which was included for the Embassy's files, should be communicated to the Cuban Government the Embassy at Habana would be apprised of that fact. With a note of June 13, 1928, replying to the Cuban Ambassador's note of December 15, 1927, a copy of which was also enclosed with the instruction of January 12, corrected copies of the Tariff Commission's report were handed to the Cuban Ambassador in Washington. There are forwarded herewith for the confidential information of your Embassy a copy of the note of the 13th instant to the Cuban Ambassador and a copy of the corrected report of the Tariff Commission. The following paragraphs are added for the Embassy's further strictly confidential information: "Not printed. , Ante, p. 640. |