File No. 811.34537.

Agreement between the United States and Cuba for lease of coaling or naval stations, February 16/23, 1903.

[Extract.]

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 2, 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 [Page 111] stations, the following-described areas of land and water situated in the island of Cuba.

1st.
In Guantánamo (see Hydrographic Office chart 1857) [description].
2nd.
In Northwestern Cuba (see Hydrographic Office chart 2036).

In Bahía Honda (see Hydrographic Office chart 520b) [description].

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.