Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 6, 1904
Mr. Sleeper to Mr. Hay.
Hobana , January 9, 1904 .
Sir: I have the honor to inform the Department that a treaty of amity, commerce, and navigation between the Republic of Cuba and the Kingdom of Italy was signed at the foreign office on the 29th ultimo by the Cuban secretary of state and justice, Mr. Carlos de Zaldo, and the minister resident of Italy, Mr. Oreste Savina. A copy of the treaty as published in La Discusión, the semiofficial organ of the government, and a translation thereof are herewith inclosed.
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I have, etc.,
His Excellency the President of the Republic of Cuba and His Majesty the King of Italy, being desirous to preserve and vigorize the friendly relations and promote commercial traffic between the two countries, have decided to enter into a treaty of amity, navigation, and commerce, and appointed as their plenipotentiaries:
His Excellency the President of the Republic of Cuba, Carlos Zaldo, secretary of state and justice; and His Majesty the King of Italy, Oreste Savina, gentleman of the Order of St. Maurice and St. Lazarus, and of the Crown of Italy, etc., and his minister resident near the Republic of Cuba, who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon the following articles:
There shall be perfect peace and sincere friendship between the Republic of Cuba and the Kingdom of Italy. The high contracting parties shall use their greatest efforts to have this friendship and good harmony maintained constantly and perpetually between the two nations, and between their respective citizens as well, without exception of person or place.
The contracting parties agree that everything relative to commerce and navigation, any privilege, favor, or immunity of every nature whatsoever which either of the contracting parties now grant or may grant in the future to subjects or citizens of any other state, shall be immediately and unconditionally granted the citizens of the other contracting party, the intention being that the commerce and navigation of each country shall be placed by the other, in every respect, on the basis of the most favored nation.[Page 231]
The products and manufactures of the Republic of Cuba that may be imported into Italy, and Italian products and manufactures that may be imported into the Republic of Cuba, whether for consumption, storing, reexportation, or in transit, shall receive equal treatment, and particularly shall they not be subject to other or higher fees, general, municipal, or local, than the products, manufactures, and merchandise of a third nation more favored in this respect. No other or higher fees in the Kingdom of Italy shall be imposed on any merchandise exported to the Republic of Cuba, nor in the Republic of Cuba on any merchandise exported to the Kingdom of Italy, than those imposed on similar articles exported to a country that may be more favored in this respect.
Neither of the contracting parties shall establish, with respect to the other, prohibitions on importation, exportation, reexportation, or transit that are not applicable under like circumstances to a third country which is more favored in this respect. However, this shall not affect the special legislation of each of the two countries with respect to articles the transit of which shall or may be prohibited; and the high contracting parties reserve the right to subject to special authorizations the transit of arms and munitions of war.
In all that refers to local taxes, customs, formalities, brokerage, models or samples imported by traveling agents, and everything relative to commerce, Cuban citizens in Italy and Italian citizens in Cuba shall enjoy the most-favored-nation treatment.
There shall be no importation or exportation prohibitions or restrictions on the reciprocal trade of the two countries unless the same is applied equally to all other nations, but this shall not exclude such prohibitions or restrictions for sanitary reasons or to prevent the propagation of animal diseases or the loss of crops or in the event of war.
There shall be reciprocally full and complete liberty of commerce and navigation for the citizens and ships of the high contracting parties, in the cities, ports, rivers, or places of either of the two countries and their possessions, entrance into which is now permitted, or may be permitted in the future, to the subjects or ships of any other foreign country.
Cubans in Italy and Italians in Cuba may reciprocally enter, travel, or reside with all liberty in any part of the territory and possessions of the respective countries (however, this shall not affect the right to expel pernicious foreigners, which both Governments reserve), and they shall enjoy to this end, with respect to their persons and properties, the same protection and security as the citizens of the two countries.
They may, throughout the whole of the two territories, carry on industries, engage in trade—retail or wholesale—lease or own buildings, warehouses, stores, or lands necessary to them; they may transport merchandise and money and receive shipments both from the interior and exterior, paying the taxes and licenses established by existing law with respect to the citizens of the two countries. They shall be equally free to make sales and purchases, to stipulate and fix the price of their merchandise, effects, and articles of any class, imported or national, irrespective of whether they sell them in the interior or export them: Provided, That they shall obey the laws and regulations of the country. They may personally carry on and manage their business affairs, be represented or assisted by duly authorized persons either in the sale or purchase of their properties, effects, or merchandise, in dealings with the customs service, or in the loading, unloading, or sailing of their vessels. Finally, they shall not be subject to other charges, taxes, fees, or imposts than those to which the citizens of the respective countries are subject.
The citizens of each of the high contracting parties shall have in the territory of the other the same rights as the citizens thereof with respect to patents of inventions, brands, trade-marks, and drawings: Provided, That they comply with the requirements of the law. With respect to ownership rights of works of literature and art the citizens of each of the high contracting parties shall enjoy reciprocally in the territory of the other the treatment given the most favored nation.[Page 232]
The habitations, factories, warehouses, and stores of the citizens of each of the contracting parties, and all the adjoining premises used for quarters or carrying on commerce, shall be respected in the dominions and possessions of the other.
No searches or domiciliary visits of or to these habitations and attached premises or examination or inspection of books, papers, or accounts shall be allowed except under the conditions and following the forms prescribed by the laws with respect to natives.
Citizens of the two countries shall enjoy in the territory of each other the most thorough and constant protection of their persons and properties. They may appeal to the tribunals of justice for the prosecution and defense of their rights in all the instances and stages of jurisdiction established by the laws.
They shall have the power to engage attorneys, defense, or agents of any kind whom they consider fitted to represent them and act in their names; all this in conformity with the laws of the country, and in this respect they shall enjoy the same rights and privileges as are or may be granted citizens of the countries, and in the enjoyment of said franchises they shall be subject to the same conditions as citizens.
Cubans in Italy and Italians in Cuba shall enjoy the benefit of judicial assistance, and shall act in accord with the laws of the country when assistance by reason of poverty is solicited.
Cubans in Italy and Italians in Cuba shall have, the same as citizens, the right to acquire or possess and transmit by inheritance, testament, donation, or in any other manner, real property situate in the respective territories; and they shall not be obliged to pay other or higher inheritance or transfer fees than those paid by citizens in similar cases.
With respect to the acquirement or possession of personal property Cubans in Italy and Italians in Cuba shall receive the same treatment as subjects or citizens of the most favored nation.
Their heirs and legal representatives may inherit said real or personal property and take possession thereof, either personally or through a representative, in the same manner and legal form as is done by the natives of the country.
The citizens of each of the contracting parties residing temporarily or permanently in the dominions or possessions of the other shall be subject to the laws of the country where they are residing, especially those fixing the rights and obligations of foreigners, in the same terms as are citizens or subjects of the most favored nation.
Cubans in Italy and Italians in Cuba shall be exempt from any personal service in either the land or sea forces or any national guard or militia, and likewise from war requisitions or taxes and enforced loans, pecuniary or in specie, except when said requisitions, loans, or taxes are on the real property of the country, in which case they shall pay them the same as if they were citizens of the country.
In no other case shall they be compelled, with respect to their real and personal property, to pay other charges or imposts than those to which the citizens of the country or of the most favored nation are subject. It is hereby agreed that any person who shall invoke the application of the latter part of this article, may choose between the two treatments that which he deems most advantageous.
The citizens of each of the contracting parties shall enjoy, respectively, in the territory of the other complete liberty of conscience, and they may follow their own worship in the manner allowed by the constitution and the laws of the country.[Page 233]
It is hereby agreed that if, unfortunately, peace between the two countries shall be interrupted, to the end that the hardships of war may be diminished, the citizens of each of the countries resident in the cities, ports, and territories of the other, and who are there engaged in commerce or other profession, may remain in their places of residence and continue their business: Provided, That they shall not make themselves gulity of any violation of the laws of the country. In case their conduct shall cause them to lose this privilege, and when the respective Governments consider it necessary to cause them to leave their territories, they shall be granted a period of time sufficient to arrange their affairs.
In no case of war or collision between the two nations shall the goods or properties of any nature belonging to those who are respectively dependent thereupon be subject to attachment or seizure of any kind or other charges or imposts than those imposed on citizens.
In like manner, during the interruption of peace, shall the sums owed by private individuals, likewise public bonds, and stocks of banks or other kind, be subject to attachment, seizure, or confiscation to the prejudice of the respective citizen and in benefit of the country in which they shall be.
The contracting parties agree to grant reciprocally to their respective envoys, ministers, and agents the same privileges, favors, and franchises as are enjoyed or may be enjoyed in the future by the envoys, ministers, and public agents of the most favored nation.
Both contracting parties, animated by the desire to avoid discussions which may alter their friendly relations, agree that with respect to reclamations or complaints of private individuals in civil, criminal, or administrative matters their diplomatic agents shall not intervene except by reason of denial or extraordinary or illegal delay of justice, for failure to execute a final decision or after the exhaustion of all legal resorts, for express violation of existing treaties between the contracting parties, or the rules of international law, both public and with respect to individuals, generally recognized by civilized nations.
It is further agreed between the two contracting parties that except in cases in which there shall be guilt or lack of vigilance on the part of the authorities of the country or of its agents, their respective Governments shall reciprocally assume no responsibility for the damages, vexations, or exactions that the citizens of one may suffer in the territory of the other at the hands of rebels in times of insurrection or civil war.
In everything that respects the police of ports, loading and unloading of ships, and the vigilance of merchandise and goods the citizens of the two countries shall be subject to the local laws and ordinances.
Cuban ships putting into ports of Italy from ports in Cuba with cargo or in ballast shall pay no other or higher tonnage, port, light-house, pilot, or quarantine fees or other fees affecting the hull of the ship than those to which are subject the ships of the most favored nation.
In all that respects local treatment, the placing of vessels, their loading and unloading, as well as any taxes or imposts in ports, basins, roadsteads, coves, and rivers of the two countries, and generally all formalities or dispositions to which merchant vessels, their crews, and cargoes may be subject; the privileges, favors, or advantages which are now granted or may be granted to the ships of the most favored nation, likewise to merchandise imported or exported in said ships shall be equally granted to the ships of the other country and the merchandise imported or exported by said ships.
Navigation, tonnage, and other fees collected in ratio to the capacity of a ship must be collected, with respect to Italian vessels in Cuban ports, according [Page 234] to the register documents of the ship. The same rule shall be observed with respect to Cuban ships in Italian ports.
The provisions of the present treaty are not applicable to coastwise navigation or coastwise trade, and the same shall be governed by the respective laws of the contracting states.
However, Cuban ships in Italy and Italian ships in Cuba may discharge a part of their cargo in the first port called at and depart forthwith with the rest of said cargo for other ports of the same state, either for the purpose of discharging therein the cargo they shall have brought or of completing therein their return load; and they shall not pay in any of said ports other or higher fees than are paid in equal cases by the ships of the most favored nation.
Everything relating to the fishing industry is also excepted from the application of the dispositions of this treaty, and the exercise thereof shall be subject to the laws of each of the contracting states.
Whenever the citizens of one of the two contracting parties shall, in consequence of bad weather or for any other reason, take refuge with their ships in the ports, bays, or rivers of the other contracting party, they shall be friendly received and treated, but without prejudice to the precautionary measures deemed necessary by the interested government to prevent contraband. They shall further be granted every facility and aid to repair damages suffered, supply themselves with provisions, and place themselves in condition to continue the voyage, without obstacle or impediment of any kind.
In the territory of each of the contracting parties the merchant ships of the other party whose crews may be incomplete in consequence of sickness or other causes may enlist the seamen necessary to continue their voyage, obeying, however, the local laws and ordinances, and under the condition that the enlistment shall be voluntary on the part of the seamen.
Whenever a war or merchant ship, of one of the contracting parties shall become grounded or wrecked in the territory of the other, said ship and all its parts, tackle and appurtenances, all goods and merchandise saved, including those thrown overboard, or the proceeds therefrom if they have been sold, and also the papers found on board the grounded or wrecked ship, shall be delivered to the owners or agents on request by them within the period fixed by the laws of the country; and said owners or agents shall pay only the expenses of preservation of their property and also the salvage or other expenses that a national vessel would have paid in a like case of wreck.
The goods and merchandise saved from the wrecked ship shall be exempt from all customs duties unless they are destined to interior consumption, in which case they shall pay the same duties as if they had been imported in a national vessel.
If by reason of bad weather a ship takes refuge in a port or becomes wrecked or grounded, the consuls-general, consuls, vice-consuls, and consular agents shall be authorized to intervene for the purpose of furnishing the necessary aid to their fellow-citizens: Provided, hmoever, That the owner, captain, or other agent of the owner are not present or are present and request such intervention.
It shall further be the right of said consuls-general, consuls, vice-consuls, and consular agents to look after all wrecks and recoveries and repairs of damages according to the laws of their countries: Provided, That their citizens alone are interested in the damage. In a contrary case the local authorities shall have jurisdiction.[Page 235]
Ships navigating under the respective flags of Italy and Cuba and carrying their registers, likewise the documents required by the laws in each of the two states to prove the nationality of merchant ships, shall be considered Cuban vessels in Italy and Italian vessels in Cuba, respectively.
The war ships of each of the two nations may enter, remain, and repair their damages in such ports of the other nation as are open to the entrance of war ships of a most favored nation; and there they shall be subject to the same rules and enjoy the same honors, advantages, privileges, and exemptions as are granted to a most favored nation.
Vessels charged with performance of postal service belonging to either one of the states, or a company subsidized by either of them, shall enjoy in the ports of the other the special franchises inherent of the public service in which they are engaged and also all the privileges, immunities, and favors granted the postal ships of a most favored nation.
Except in case of a judicial sale the ships of one of the two contracting parties shall not adopt the nationality of the other without a declaration or surrender of flag authorized by the authorities of the state to which the ship belongs.
Cuban citizens shall enjoy in Italian colonies and possessions the same rights and privileges and the liberty of commerce and navigation that are or may be granted to the subjects or citizens of a most favored nation; and the inhabitants of Italian possessions and colonies shall reciprocally enjoy in all their extension the same rights and privileges and the same liberty of commerce and navigation as by this treaty are granted in Cuba to Italians, their commerce and ships.
Until such time as a consular convention is made between the two high contracting parties, they hereby agree that consuls-general, consuls, vice-consuls, and consular agents of the two countries shall enjoy, respectively, the same rights, privileges, and immunities in the terms in which they shall have been granted or may be granted to the consuls-general, consuls, vice-consuls, and consular agents of the most favored nation.
The official archives and documents of consular officers shall be respected as inviolable, and under no circumstance shall the authorities of the country attach them or take information therefrom.
Whenever enlistment of Italian immigrant’s to the Republic of Cuba shall be started either in Italy or another country for account of Italy or in virtue of her concession, by companies or private individuals, the Cuban Government shall direct that contracts offered them shall be equitable and the promises feasible, and that said equitable contracts shall be scrupulously fulfilled. In such cases it shall see that the transportation, disembarkment, and establishment of said immigrants shall be effected in accord with the principles of humanity, security, and hygiene; it shall severely punish those who in any manner deceive an immigrant or abuse him, and shall give said immigrant the greatest protection if he shall have become a victim of deception or abuse, in order that in conformity with the laws of the country he may secure from the persons who shall have injured him a just and proper indemnification.
The Cuban Government shall aid Italian officers traveling in the immigrant service, and shall facilitate their duties both in the ports and the interior of the Republic.[Page 236]
The provisions of the present treaty are applicable to the possessions or colonies of Italy in foreign countries, in favor of whom notice shall be given six months in advance for this purpose by the representative of Italy in Cuba to the secretary of state of the Cuban Republic, during the life of this treaty.
Controversies arising from the interpretation or execution of the present treaty or out of the violation of the same shall be submitted, after all means of direct settlement by friendly agreement shall have been exhausted, to the decision of arbitration commissions, and the result of such arbitration shall be binding upon both Governments.
The two Governments shall, by common consent, appoint the members of these commissions. If no agreement can be reached, each of the parties shall appoint an arbiter or equal number of arbiters, and those so appointed shall designate a third arbiter for cases of disagreement.
The contracting parties shall determine in each case the arbitration proceedings, and the commission shall be empowered to determine said proceeding-prior to everything else in case of disagreement between the contracting parties.
It shall be understood that the stipulations of the preceding articles shall not include the cases in which Cuba shall grant reductions in customs duties on the products of another American State; consequently Italy shall not have the right to claim said concessions as a most favored nation except when they shall have been granted to other than an American State.
The present treaty shall be ratified, and the ratifications shall be exchanged in Habana as soon as all the formalities prescribed by the constitutional laws of the contracting States shall have been fulfilled. It shall take effect on the day on which said exchange of ratifications is effected. It shall be promulgated within two months following that date, and remain in force during ten years from the day of exchange of ratifications.
In case neither of the contracting parties shall have given notice twelve months prior to the expiration of said period of ten years of its intention to terminate the present treaty, the same shall continue in force for the period of one year, counted from the day on which one of the contracting parties shall give this notice to the other.
In witness whereof we, the respective plenipotentiaries, have signed the present treaty and placed our seals on the two original copies in the city of Habana, on December 29 of the year 1903.