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

No. 1176

Sir: I have the honor to refer to the Department’s instruction No. 532 of September 2, 1925,25 in which I am directed to submit a complete report regarding the present status of the negotiations with respect to the proposed extradition convention.

With a communication dated May 5, 1925,25 I transmitted to the Secretary of State of Cuba a draft convention for his consideration. This draft will be found as Enclosure No. 2 to a note of August 21, 1925, from Doctor Céspedes commenting on the American Government’s proposals and submitting in return a counter-draft. Copy and translation of Doctor Céspedes note and its enclosures are transmitted herewith.25 It will be observed that the Cuban Government desires to amplify the original proposals of the American Government by the inclusion of certain additional crimes. With reference to the expression “abusos deshonestos” referred to in Article I of the Cuban counter-draft, and which has been translated “immoral abuses”, I requested the Cuban Foreign Office to furnish me with a definition of the meaning of this term. There is enclosed herewith copy and translation of a note from Doctor Céspedes, dated August 26, 1925,25 furnishing the required explanations.

I have the honor to refer to my telegram No. 105 of August 28, 12 M.,25 setting forth the Cuban desire to omit the word “offenses” and to confine the supplementary treaty to “crimes” (delitos) so as to emphasize the fact that misdemeanors (faltos) are excluded not only from the supplementary treaty, but from the original treaty. In its telegram No. 100 of September 3, 4 P.M.,25 the Department informed me that it had no objection to the omission from the proposed supplementary extradition treaty of the words “and offenses”, stating that, however, this omission, if made, could not be considered as altering obligations incurred by the existing extradition treaty. Acting on these instructions I sent a note to the Foreign Office on September 4, 1925, a copy of which is enclosed herewith.25 There are enclosed herewith copy and translation of a note dated September 9, 1925,25 expressing the concurrence of the Cuban Government in the statements made in my note.

With reference to the first sentence of the last paragraph of the second page of the Department’s instruction No. 532 of September 2, 1925, I beg to state that I brought to the attention of the Cuban Government the desire of the American Government to include in [Page 25] the supplementary treaty violations of the customs laws of both countries. I enclose herewith copy and translation of a note dated September 10, 1925, from Doctor Céspedes26 expressing the consent of the Cuban Government to comply with the Department’s suggestion, but proposing certain changes in phraseology.

In considering, therefore, the text of the Cuban counter-draft (Enclosure No. 1)26 there should be borne in mind the willingness of the Cuban Government to add, presumably as Paragraph No. 23 of Article II, the following provision:

“Infractions of the customs laws or ordinances which may constitute crimes”.

I should be pleased to receive, as soon as may be convenient, instructions concerning the Department’s attitude toward the changes which have been proposed by the Cuban Government.

I have [etc.]

E. H. Crowder
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