U.S.-Cuba leasing agreement for Guantanamo

Cuba Coast to Coast: U.S.-Cuba leasing agreement for Guantanamo
Published On: Nov 01 2015 03:01:10 PM EST Updated On: Nov 01 2015
06:34:57 PM EST


Between the United States of America and the Republic of Cuba for the
lease (subject to terms to be agreed upon by the two Governments) to the
United States of lands in Cuba for coaling and naval stations.

The United States of America and the Republic of Cuba, being desirous to
execute fully the provisions of Article VII of the Act of Congress
approved March second, 1901, and of Article VII of the Appendix to the
Constitution of the Republic of Cuba promulgated on the 20th of May,
1902, which provide:

"ARTICLE VII. To enable the United States to maintain the independence
of Cuba, and to protect the people thereof, as well as for its own
defense, the Cuban Government will sell or lease to the United States
the lands necessary for coaling or naval stations, at certain specified
points, to be agreed upon with the President of the United States."
have reached an agreement to that end, as follows:

ARTICLE I

The Republic of Cuba hereby leases to the United States, for the time
required for the purposes of coaling and naval stations, the following
described areas of land and water situated in the Island of Cuba:

1st. In Guantanamo (see Hydrographic Office Chart 1857). From a point on
the south coast, 4.37 nautical miles to the eastward of Windward Point
Light House, a line running north (true) a distance of 4.25 nautical miles;

From the northern extremity of this line, a line running west (true), a
distance of 5.87 nautical miles;

From the western extremity of this last line, a line running southwest
(true) 3.31 nautical miles;

From the southwestern extremity of this last line, a line running south
(true) to the seacoast.

This lease shall be subject to all the conditions named in Article II of
this agreement.

2nd. In Northwestern Cuba (see Hydrographic Office Chart 2036).

In Bahia Honda (see Hydrographic Office Chart 520b).

All that land included in the peninsula containing Cerro del Morrillo
and Punta del Carenero situated to the westward of a line running south
(true) from the north coast at a distance of thirteen hundred yards east
(true) from the crest of Cerro del Morrillo, and all the adjacent waters
touching upon the coast line of the above described peninsula and
including the estuary south of Punta del Carenero with the control of
the headwaters as necessary for sanitary and other purposes.

And in addition all that piece of land and its adjacent waters on the
western side of the entrance to Bahia Honda including between the shore
line and a line running north and south (true) to low water marks
through a point which is west (true) distant one nautical mile from Pta.
del Cayman.

ARTICLE II

The grant of the foregoing Article shall include the right to use and
occupy the waters adjacent to said areas of land and water, and to
improve and deepen the entrances thereto and the anchorages therein, and
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.

Vessels engaged in the Cuban trade shall have free passage through the
waters included within this grant.

ARTICLE III

While on the one hand the United States recognizes the continuance of
the ultimate sovereignty of the Republic of Cuba over the above
described areas of land and water, on the other hand the Republic of
Cuba consents that during the period of the occupation by the United
States of said areas under the terms of this agreement the United States
shall exercise complete jurisdiction and control over and within said
areas with the right to acquire (under conditions to be hereafter agreed
upon by the two Governments) for the public purposes of the United
States any land or other property therein by purchase or by exercise of
eminent domain with full compensation to the owners thereof.

Done in duplicate at Habana, and signed by the President of the

[SEAL] Republic of Cuba this sixteenth day of February, 1903.

T. ESTRADA PALMA

Signed by the President of the United States the twenty-third of
February, 1903.

Source: Cuba Coast to Coast: U.S.-Cuba leasing agreement for Guantanamo
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