Treaty Series No. 729

Convention between the United States of America and the Dominican Republic, Signed at Santo Domingo, June 12, 19249

Whereas, in the month of May, 1916, the territory of the Dominican Republic was occupied by the forces of the United States of America, during which occupation there was established, in substitution of the Dominican Government, a Military Government which issued governmental regulations under the name of Executive Orders and Resolutions and Administrative Regulations, and also celebrated several contracts by virtue of said Executive Orders or by virtue of some existing laws of the Republic;

Whereas, the Dominican Republic has always maintained its right to self-government, the disoccupation of its territory and the integrity of its sovereignty and independence; and the Government of the United States has declared that, on occupying the territory of the Dominican Republic, it never had, nor has at present, the purpose of attacking the sovereignty and independence of the Dominican Nation; and these rights and declarations gave rise to a Plan or Modus Operandi of Evacuation signed on June 30, 1922, by Monseñor A. Nouel, General Horacio Vasquez, Don Federico Velasquez y H., Don Elías Brache, hijo, and Don Francisco J. Peynado, and the Department of State, represented by the Honorable William W. Russell, Envoy Extraordinary and Minister Plenipotentiary of the United States in the Dominican Republic, and the Honorable Sumner Welles, Commissioner of the President of the United States, which met with the approval of the Dominican people, and which approval was confirmed at the elections that took place on March 15, of the present year;

Whereas, although the Dominican Republic has never delegated authority to any foreign power to legislate for it, still, it understands that the internal interests of the Republic require the validation or ratification of several of the Executive Orders and Resolutions, published in the Official Gazette, as well as the Administrative Regulations and Contracts of the Military Government celebrated by virtue of said Orders or of any Law of the Republic; and, on its part, the United States considers that it is also to its interest that said acts be validated or ratified; for these reasons one of the stipulations in the above-mentioned Plan of Evacuation provides for the celebration of a Treaty or Convention of Ratification or Validation of said Orders, Resolutions, Regulations and Contracts;

[Page 632]

Therefore, the United States of America and the Dominican Republic, desirous of celebrating the above-mentioned Treaty or Convention, have named for this purpose their Plenipotentiaries as follows:

  • The President of the United States, William W. Russell, Envoy Extraordinary and Minister Plenipotentiary of the United States in Santo Domingo, and,
  • The Provisional President of the Dominican Republic, Don Horacio Vasquez, Don Federico Velasquez y H., and Don Francisco J. Peynado,

who, after having exchanged their full powers, and after having found them in due and proper form, have agreed upon the following:

I. The Dominican Government hereby recognizes the validity of all the Executive Orders and Resolutions, promulgated by the Military Government and published in the Official Gazette, which may have levied taxes, authorized expenditures, or established rights on behalf of third persons, and the administrative regulations issued, and contracts which may have been entered into, in accordance with those Orders or with any law of the Republic. Those Executive Orders and Resolutions, Administrative Regulations and Contracts are those listed below:

Executive Orders

[Page 633][Page 634]
2 75
8 79
9 81 —85 inclusive
14 88
17 89
19 91
23 92
27 94
28 95
31 97
34 —38 inclusive 104
43 106
44 108
46 110 —112 inclusive
48 114
52 116
53 118
55 119
58 121
60 126
61 128 —130 inclusive
64 133 —136 inclusive
65 139
68 142
69 143
71 145
146 491 —498 inclusive
148 —151 inclusive 500
153 —163 inclusive 502
166 504 —506 inclusive
168 509
169 510
171 513 —517 inclusive
173 519 —526 inclusive
174 530
176 —178 inclusive 532 —547 inclusive
183 549
185 —187 inclusive 550
190 —195 inclusive 552 —556 inclusive
197 —203 inclusive 558 —563 inclusive
205 —212 inclusive 566
214 569
215 570
218 574 —577 inclusive
220 579 —590 inclusive
223 —225 inclusive 593
229 —231 inclusive 594
233 —243 inclusive 596
245 —250 inclusive 597
252 599 —610 inclusive
254 —260 inclusive 612 —615 inclusive
262 —266 inclusive 617 —629 inclusive
269 —277 inclusive 634 —643 inclusive
280 —282 inclusive 645
285 —298 inclusive 647 —651 inclusive
300 —302 inclusive 653 —656 inclusive
304 —307 inclusive 658
311 660 —668 inclusive
312 670 —685 inclusive
314 —318 inclusive 687
320 —322 inclusive 689
324 —326 inclusive 690
328 —336 inclusive 692 —697 inclusive
338 —367 inclusive 699
369 —375 inclusive 701 —703 inclusive
377 —391 inclusive 706 —710 inclusive
393 712 —719 inclusive
395 721
396 723 —733 inclusive
398 735 —738 inclusive
400 741 —748 inclusive
402 —413 inclusive 750
415 —433 inclusive 752 —759 inclusive
435 —443 inclusive 761 —764 inclusive
445 766
447 768 —775 inclusive
449 777 —779 inclusive
451 782
454 —461 inclusive 783
463 —489 inclusive 784
785 793
786 794
787 795
789 796
790 799
791 800
792

Resolutions

fomento and communications

Resolution —Official Gazette No. 2790 —Barahona Company.
2821 —Sante Fe Plantation Sugar Co.
2845 —Central Romana.
2849 —Central Romana.
2850 —Santa Fe Plantation Sugar Co.
2861 —Central Boca Chica Co.
2862 —Installation of a telephone line.
2911 —Installation of a telephone line.
2911 —Santa Fe Plantation Sugar Co.
2929 —Ingenio Cristobal Colon.
2967 —Cancellation.
2993 —Cía. Anónima de Explotaciones Industriales.
2993 —San Cristobal Mining Co.
3008 —Bentz Hnos.
3015 —Bentz Hnos.
3036 —Barahona Company.
3037 —Julio V. Abreu.
3076 —Central Romana.
3076 —Barahona Company.
3093 —Luis del Monte.
3093 —Jose Mota Ranché.
3106 —Central Romana.
3106 —Central Romana.
3106 —Castillo Hnos.
3106 —Barahona Company.
3106 —Barahona Company.
3121 —Consuelo Sugar Co.
3126 —Sres. Noboa Hnos.
3129 —Barahona Company.
3129 —Consuelo Sugar Co.
3159 —Barahona Company.
3159 —Central Romana.
3160 —Barahona Company.
3162 —Pardo y Ely Dorsey.

Registered 1, 2 and 3

[Page 635]
Resolution —Official Gazette No. 3162 —J. Amando Bermudez.
3196 —Lorenzo Gautier Olives.
3203 —Barahona Company.
3235 —Barahona Company.
3242 —Central Romana.
3243 —Manuel Bermudez.
3274 —Cía. Anonima de Inversiones Inmobiliarias.
3243 —Cía. Anónima de Inversiones Inmobiliarias.
3354 —Barahona Company.
3313 —Ingenio Santa Fe de San Pedro de Macoris.
2786 —Central Romana.
2787 —L. E. Alvarez.
3358 —Barahona Company.

agriculture and immigration

Resolution No. 61 —Official Gazette No. 2838 —Declaración de Zonas Agrícolas en la Provincia de Barahona.
64 —Official Gazette Nos. 2853 and 2854 —Declaración de Zonas Agrícolas en la Provincia de Barahona.
66 —Official Gazette No. 3003 —Declaración de Zonas Agrícolas en la Provincia de Barahona.
86 —Official Gazette No. 3089 —Luis Holguer. Todos los permisos de inmigración y ordenes de deportacion expedidos por esta Secretaría.
88 —Official Gazette No. 3133 —Declaración de Zonas Agrícolas en Barahona.
89 —Official Gazette No. 3145 —Declaración de Zonas Agrícolas en la Provincia de Barahona.
91 —Official Gazette No. 3167 —Declaración de Zonas Agrícolas en la Provincia de Santo Domingo.
92 —Official Gazette No. 3180 —Industrial Alcohol Cía.
93 —Official Gazette No. 3180 —Declaración de Zonas Agrícolas en la Provincia de Santo Domingo.
94 —Official Gazette No. 3197 —Declaración de Zonas Agrícolas en la Provincia de Santo Domingo.
95 —Official Gazette No. 3219 —Declaración de Zonas Agrícolas en la Provincia de Monte Cristi.
96 —Official Gazette No. 3242 —Alvaro Fernández.
97 —“ 3243 —Rectificación Limites Mencionados en Resolución No. 94 referente a Baní.
98 —Official Gazette No. 3301 —Cancelando Resolución No. 97.
99 —Official Gazette No. 3332 —Asociación de Regantes.
[Page 636]

Water titles issued by the Secretariat of State for Agriculture by virtue of Executive Oder No. 318, to the following:

Domingo Rodriguez— Agua del Río San Juan, Azua.
Jesús M. Vargas— el Caño de Boña, Neiba, Barahona.
Alberto Perdomo— Plaza Cacique.
Santiago J. Rodriguez— Macasía, Matas de Farfán.
J. Julio Coiscou— Birán, Barahona.
Asociación La Altagracia— Agua del Río El Manguito, Neiba.
Arbaje Hnos— Agua del Río Macasía, Matas de Farfán.
A. Santiago—
Manuel de Pérez— Camana, Neiba.

Sociedad de Irrigación Los Tres—Agua del Rio San Juan, San Juan, Azua.

Joaquín Gracia—Agua del Río Yaque del Sur, Barahona.

Sociedad de Irrigación Amantes de las Agricultura—Agua del Rio San Juan, San Juan, Azua.

Ismael Mateo—Agua del Río de Jacahueque, Matas de Farfán.

Inomina Palmer—Agua del Río Jacahueque, Matas de Farfán.

Sociedad de Irrigación La Unión—Agua del Rio San Juan, San Juan, Azua.

Sociedad de Irrigación La Unión—Agua del Río Macasía, Matas de Farfán.

Sociedad de Irrigación La Competencia—Agua del Río María Chiquita, Neiba.

Francisco Tomillo—Agua del Río San Juan, San Juan, Azua.

Sociedad de Irrigación, El Porvenir— Rio Las Marías, Neiba.
El Esfuerzo— Agua del Rio Bani.
El Progresso—
La Voluntad—
La Legalidad—
El Adelanto—

Wenceslao Ramirez—Agua del Río Mijo, San Juan, Azua.

Resolution No. 74—Official Gazette No. 3355—Luis L. Bogaert.

All letters of naturalization and permits to establish residence granted for the purpose of naturalization, in accordance with Article 11 of the Constitution.

All permits issued to establish legal residence in the Republic in accordance with Article 14 of the Civil Code.

[interior and police]

Resolution regarding the sale of the Cruiser Independencia, under date of February 20, 1918, and the tugboat Aguila, under date of June 6, 1918. (Not yet published.)

Resolution—Official Gazette No. 3203, approving the increase in the tariff tax of the municipal aqueduct (Puerto Plata).

All the resolutions passed by the Ayuntamientos and approved by the Military Government.

[Page 637]

sanitation and charity

Sanitary Code published in the Official Gazette No. 3181, December 29, 1920.

treasury

Circular E–105, December 8, 1919.

International Conventions Entered Into During the Period of the Military Government

fomento and communications

Spanish-American Postal Convention of Madrid of November 2, 1920. Resolution No. 7, of March 12, 1921.

Universal Postal Convention of Madrid of November 30, 1920. Resolution No. 21 of December 31, 1921.

Universal Parcel Post Convention of Madrid of November 30, 1920. Resolution No. 32 of December 31, 1921.

Dominican-Spanish Postal Convention of November 17, 1921. Resolution No. 13 of April 29, 1922.

Pan-American Convention of Buenos Aires dated September 15, 1921. Resolution No. 25 of July 26, 1922.

Resolution approving the Postal Convention between the Dominican Republic and the limited States of America, under date of May 19, 1917.

Administrative Regulations

fomento and communications

Departmental Order—Official Gazette No. 2801—Department of Fomento Order No. 1.

—No. 6— Official Gazette No. 2841.
8— 2852.
10— 2856.
12— 2861.
11— 2862.
14— 2863.
15— 2868 B.
16— 2923.
19— 2933.
21— 2960.
22— 2988.
23— 2998.
24– 3026.
25— 3035.
27— 3124.
28— 3159.
29— 3192.
[Page 638]

agriculture and immigration

Departmental Order No. 2— Official Gazette No. 2992.
5— 3084.
13— 3124.
20— 3128.
21— 3128.
27— 3152.
31— 3355.
36— 3153.
38— 3159.
57— 3203.
60— 3211.
85— 3291.
89— 3328.
92— 3346.

interior and police

Departmental Order No. 13 granting authorization to the Junta de Caridad “Padre Billirii” in order that it might contract a loan of $15,000. (Not yet published.)

justice and public instruction

Departmental Order No. 1 of 1921, under date of February 19 of the same year. (Division of “comunero” lands.)

All the Departmental orders of the Department of Justice and Public Instruction relative to public instruction, with the exception of Orders Nos. 5, 9 and 16 of 1917; No. 97 of 1918; and Special Order No. 1 of 1919, until the installation of the Provisional Government.

Contracts

treasury

Contracts entered into between the Military Government and the persons listed below for the rental of urban properties of the Republic:

Contract No. 58 with A. Humberto Aybar, under date of March 7, 1918. (one lot)

Contract with Selidonia Petitón Vda. Parisién, under date of December 12, 1918. (one lot)

Contract with Elías José, under date of December 4, 1918. (one lot)

Contract with Justiniano Acosta, under date of December 6, 1918. (one lot)

Contract with Donato Pérez, under date of December 2, 1918. (one lot)

Contract with Anita Buenrostro, under date of December 4, 1918. (one lot)

Contract with Urbano Acosta, under date of December 2, 1918. (one lot)

Contract with Celestino Fontana, under date of December 20, 1918. (one lot)

[Page 639]

Contract with Ulises Cuello, under date of May 26, 1919. (one lot)

Contract with Alejandro Deiio, under date of May 26, 1919. (one lot)

Contract No. 59 with Agustín Hernández, under date of July 21, 1919. (one house)

Contract No. 60 with R. O. Galvan, under date of October 31, 1919. (one lot)

Contract No. 61 with Pablo Gobaira, under date of November 11, 1919. (one lot)

Contract No. 62 with Abelardo José Romano, under date of November 11, 1919. (one lot)

Contract No. 63 with Jorge Bazil, under date of November 11, 1919. (one lot)

Contract with Earle T. Fiddler for the extraction of sand and other products.

Contract No. 1 with Francisco J. Peynado, under date of December 14, 1917; Rental of house No. 33 de la Calle José Reyes.

Contract No. 2 with Felix Gonzalez, under date of January 1, 1918: Transfer service in the Port of Macoris.

Contract with Francisco J. Peynado, No. 4, under date of April 12, 1918: Rental of house No. 46 de la Calle Mercedes.

Contract No. 5 with Alej. Penso, under date of December 17, 1918: Rental of house No. 15 Calle Beler and the upper floors of house No. 13/36 de la Calle Beler, corner of Comercio, both in Santiago.

Contract No. 6 with J. L. Manning, under date of July 12, 1919: (Designating International Banking Corporation as depositary of Government funds)

Contract No. 8 with the La Fe Lodge, under date of September 29, 1919: Rescinding a rental contract covering the building known by the name of “Logia La Fé”.

Contract No. 9 with Ig. Cat. Apostólica Romana, under date of September 25, 1919: Establishing an agreement pending the determination of ownership of the buildings annexed to the Iglesia de Regina.

Contract No. 26 with Sue. Juan Nieves Reyes, under date of June 4, 1920: Transfer of rights to a tract of land in Nigua.

Contract No. 27 with Agapito, Lorenzo and Mercedes Ant. Reyes, under date of June 27, 1920: Purchase of land in Nigua for the National Leper Colony of Nigua.

Contract No. 29 with Alberto Ascensio, under date of October 1, 1920: Rental of a piece of land located in Santiago in Bella Vista which measures 96 tareas. (The Government is the renter.)

Contract No. 30 with Junta Fábrica Iglesia del Rosario in Moca, under date of September 30, 1920: Payment of $32,315.52 in order that the Board might relieve the Government of all responsibility occasioned by Executive Order No. 420 and its amendments.

Contract No. 31 with Junta Fábrica Iglesia Salcedo, under date of October 5, 1920: Payment of $26,400.00 in order to relieve the Government of all claims by reason of Executive Order No. 420.

Contract No. 32 with Melendez y Godoy, under date of March 14, 1921: Payment of $85,891.00 in order that the Government might be relieved of all claims by reason of Executive Order No. 513.

[Page 640]

Contract No. 35 with R. M. Lepervanche, under date of March 16, 1921: Printing stamps.

Contract No. 34 with R. M. Lepervanche, under date of February 11, 1922: Printing stamps.

Contract with Divanna-Grisolia & Compañia, under date of November 18, 1920: Purchase and sale of Tobacco.

Contract with Grace & Co., under date of November 18, 1920: Purchase and sale of Tobacco in Europe.

Contract with Grace & Co., under date of September 29, 1919: Purchasing Agency.

Contract with Frank L. Mitchell, under date of September 19, 1921: Construction of a pump and installation of piping for pumping salt water.

Contract with Frank L. Mitchell, under date of March 16, 1921: Construction of a railroad bridge.

Contract with Gaetan Bucher y Nicolas Cortina, under date of March 4, 1921: Construction of warehouses.

Contract with Frank L. Mitchell, under date of March 16, 1921: Construction of a wharf.

Contract with G. H. Lippitt, under date of September 3, 1920: Installation of a pipe line for molasses.

Contract with Lee, Higginson & Co., under date of April 4, 1922: Loan of $6,700,000.

Contract with the Compañia de Mieles Dominicana C. por A., under date of March 25, 1922: Extension of the concessions and for a pipe line for molasses.

fomento and communications

All the contracts existing between the Department of Fomento and Communications and other persons for the rental of buildings for postoffices in force on the date of the installation of the Provisional Government.

Marck Engineering & Contracting Co.—Contract dated August 23, 1921, for “Construction Barahona Market”.

Chief of Surveyors:—(Land Survey) Four contracts which have been made for the advance of funds as follows:

(a)
Central Romana, Inc., June 29, 1921.
(b)
Barahona and allied companies: December 31, 1921.
(c)
Ingenio Santa Fé—March 3, 1922.
(d)
Ingenio Santa Fé, May 16, 1920.

interior and police

Contract between the Military Government and the Commune of Azua for a loan of $20,000.00 (viente mil pesos) at a rate of interest of 5%, under date of December 31, 1919.

Contract between the Commune of Azua and the International Banking Corporation for a loan of $15,000.00 (quince mil pesos), under date of December 31, 1919.

Cancellation, under date of June 8, 1920, of the loan of $15,000.00 (quince mil pesos) with the International Banking Corporation mentioned above.

[Page 641]

Loan of the Military Government to the Commune of Azua of $15,000.00 (quince mil pesos) at a rate of interest of 5%, under date of June 8, 1920.

Contract between the Comniune of Barahona and the Military Government for a loan of $25,000.00 (veinticinco mil pesos) at a rate of interest of 5%, under date of April 8, 1920.

Contract between the Commune of Villa Mella and the Military Government for a Loan of $14,650:00 (catorce mil seis cientos cincuenta pesos (at a rate of interest of 5% under date of May 25, 1920.

The Dominican Government likewise agrees that those Executive Orders, those resolutions, those administrative regulations, and those contracts shall remain in full force and effect unless and until they are abrogated by those bodies which, in accordance with the Dominican Constitution, can legislate. But, this ratification, in so far as concerns those of the above mentioned Executive Orders resolutions, administrative regulations, and contracts, which have been modified or abrogated by other Executive Orders, resolutions, or administrative regulations of the Military Government, only refers to the legal effects which they created while they were in force.

The Dominican Government further agrees that neither the subsequent abrogation of those Executive Orders, resolutions, administrative regulations, or contracts, or any other law, Executive Order, or other official act of the Dominican Government, shall affect the validity or security of rights acquired in accordance with those orders, those resolutions, those administrative regulations and those contracts of the Military Government; the controversies which may arise related with those rights acquired will be determined solely by the Dominican Courts, subject, however, in accordance with the generally accepted rules and principles of international law, to the right of diplomatic intervention if those Courts should be responsible for eases of notorious injustice or denial of justice. The determination of such cases in which the interests of the United States and the Dominican Republic only are concerned shall, should the two Governments disagree, be by arbitration. In the carrying out of this agreement, in each individual case, the High Contracting Parties, once the necessity of arbitration is determined, shall conclude a special agreement defining clearly the scope of the dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the arbitral tribunal and the several stages of the procedure. It is understood that on the part of the United States, such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereto, and on the part of the Dominican Republic shall be subject to the procedure required by the Constitution and laws thereof.

[Page 642]

II. The Dominican Government, in accordance with the provisions of Article I, specifically recognizes the bond issue of 1918 and the twenty-year five and one-half percent Customs Administration Sinking Fund Gold Bond Issue authorized in 1922, as legal, binding, and irrevocable obligations of the Republic, and pledges its full faith and credit to the maintenance of the service of those bond issues. With reference to the stipulation contained in Article 10 of the Executive Order No. 735, in accordance with which the loan of five and one-half percent authorized in 1922 was issued, which provides:—

“That the present customs tariff will not be changed during the life of this loan without previous agreement between the Dominican Government and the Government of the United States;”

the two Governments concerned agree in interpreting this stipulation in the sense that, in accordance with article 3 of the Convention of 1907, a previous agreement between the Dominican Government and the United States shall be necessary to modify the import duties of the Dominican Republic, it being an indispensable condition for the modification of such duties that the Dominican Executive demonstrate and that the President of the United States recognize that, on the basis of exportations and importations to the like amount and the like character during the two years preceding that in which it is desired to make such modification, the total net customs receipts would at such altered rates of duties have been, for each of such two years, in excess of the sum of $2,000,000 United States gold.

III. The Dominican Government and the Government of the United States agree that the Convention signed on February 8, 1907, between the United States and the Dominican Republic, shall remain in force so long as any bonds of the issues of 1918 and 1922 shall remain unpaid, and that the duties of the General Receiver of Dominican Customs appointed in accordance with that Convention shall be extended to include the application of the revenues pledged for the service of those bond issues in accordance with the terms of the Executive Orders and of the contracts under which the bonds were issued.

IV. This arrangement shall take effect after its approval by the Senate of the United States and the Congress of the Dominican Republic.


[seal]
William W. Russell

[seal]
Horacio Vasquez

[seal]
Fedco Velásquez y H.

[seal]
Franc J. Peynado
  1. In English and Spanish; Spanish text not printed. Ratification advised by the Senate, Jan. 21, 1925; ratified by the President, June 1, 1925; ratified by the Dominican Republic, June 30, 1925; ratifications exchanged at Santo Domingo, Dec. 4, 1925; proclaimed by the President, Dec. 8, 1925.