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

No. 505

Sir: Having reference to your despatch No. 1108 of June 18, 1925, and the Department’s telegram of today’s date,21 concerning the convention for the prevention of smuggling, you are informed that, during a conference held at El Paso with representatives of the Mexican Government a draft of a convention was agreed upon,21a which is considered more advantageous to the United States than provisions of the Canadian Convention, signed June 6, 1924,22 forwarded to you with the Department’s instruction No. 420 of February 2. These Articles read as follows:

“Quote. Article I. The High Contracting Parties agree that all shipments of merchandise crossing the International Boundary line between Mexico and the United States, originating in and consigned from either of the two countries, shall be covered by a shipper’s export declaration, and a copy of same, verified by the customs officials of the country of origin, shall be furnished to the customs officials of the country of destination. It is agreed also that the appropriate officials of either country shall give such information as the appropriate officials of the other country may request concerning [Page 21] the transportation of cargoes or the shipment of merchandise crossing the International Boundary line.

“Article II. The High Contracting Parties agree that clearance of shipments of merchandise by water, air or land from any of the ports of either country to a port of entrance of the other country shall be denied if such shipment comprises articles the introduction of which is prohibited or restricted for whatever cause in the country to which such shipment is destined, provided, however, that such clearance shall not be denied on shipments of restricted merchandise when there has been complete compliance with the conditions of the laws of both countries.

“It shall also be deemed to be the obligation of both of the High Contracting Parties to prevent by every possible means, in accordance with the laws of each particular country, the clearance of any vessel or other vehicle laden with merchandise destined to any port or place when there shall be reasonable cause to believe that such merchandise or any part thereof, whatever, may be its ostensible destination, is intended to be illegally introduced into the territory of the other Party.

“Article III. The High Contracting Parties reciprocally agree to exchange promptly all available information concerning the names and activities of all persons known or suspected to be engaged in violations of the laws of the United States or Mexico with respect to smuggling or the introduction of prohibited or restricted articles.

“Article IV. The High Contracting Parties agree that no merchandise or property of any character shall be authorized to be cleared or despatched out of either country, across the International Boundary line, except through ports or places duly authorized to clear such merchandise or property, and to or through duly authorized ports or places on the opposite side of said Boundary line; provided, that merchandise or property may be transported across said boundary line at any convenient place under special circumstances and after permits by both countries have been issued therefor.

“Article V. The High Contracting Parties agree that they will exchange all available information concerning the existence and extent of contagious and infectious diseases of persons, animals, birds or plants, and the ravages of insect pests and the measures being taken to prevent their spread. The parties will also exchange information relative to the study and use of the most effective scientific and administrative means for the suppression and eradication of such diseases and insect pests. Unquote.

Secretary of Labor requests that an agreement to prevent smuggling of aliens from Cuba be concluded similar to provisions agreed upon at El Paso. These Articles read as follows:

“Quote. Each of the High Contracting Parties agrees to employ all reasonable measures to prevent the departure of persons destined to territory of the other, except at or through regular ports or places of entry or departure established by the High Contracting Parties.

“The High Contracting Parties mutually agree that they will exchange information regarding persons proceeding to the country of [Page 22] the other and regarding activities of any persons on either side of the border, when there is reasonable ground to believe that such persons are engaged in unlawful migration activities or in conspiracies against the other Government or its institutions, when not incompatible with the public interest. Unquote.

Please submit these Articles to the Cuban representatives confidentially and endeavor to have smuggling convention include these provisions.

I have [etc.]

For the Secretary of State:
Joseph C. Grew
  1. Neither printed.
  2. See convention between the United States and Mexico, signed Dec. 23, 1925, p. 510.
  3. Foreign Relations, 1924, vol. i, p. 189.