711.379/1

The Secretary of State to the Ambassador in Cuba ( Crowder )

No. 446

Sir: The Department refers to its instruction No. 442, dated March 11, 1925, concerning the negotiation of conventions between the United States and Cuba. On page 3 of that instruction reference was made to the Convention for the prevention of the smuggling of intoxicating liquors, concluded between the United States and Great Britain on January 23, 1924, and you were instructed to propose to the Cuban Government that a similar convention be concluded between the United States and Cuba.

In the second paragraph of Article IV of the Convention concluded on January 23, 1924, provision is made for referring cases of dispute to the Claims Commission established under the provisions of the Agreement for the Settlement of Outstanding Pecuniary Claims between the United States and Great Britain, signed at Washington on August 18, 1910.18 As a similar commission has not been established to consider the claims between the United States and Cuba, [Page 20] it is believed that a provision similar to that contained in the convention concluded on June 6, 1924, between the United States and Panama19 on this subject might be used in the convention with Cuba. The second paragraph of Article IV of the Convention concluded with Panama on June 6, 1924, provides that claims shall be referred to the Permanent Court of Arbitration at The Hague, described in the Convention for the Pacific Settlement of International Disputes, concluded at The Hague October 18, 1907. Two copies of the Convention with Panama are enclosed.20

In discussing the proposed Convention to prevent the smuggling of intoxicating liquors, you will therefore suggest that in drafting the second paragraph of Article IV of the Convention, phraseology similar to that used in the second paragraph of Article IV of the Convention with Panama, signed on June 6, 1924, be used.

Please keep the Department fully informed regarding further developments with respect to the negotiation of these conventions.

I am [etc.]

Frank B. Kellogg