Papers Relating to the Foreign Relations of the United States, 1931, Volume II
838.00/3017
The Minister in Haiti (Munro) to the Acting Secretary of State
[Received August 10.]
Sir: I have the honor to enclose herewith the original French and English text44 of the Haitianization Agreement of August 5, 1931.
Respectfully yours,
Haitianization Agreement Between the United States and Haiti, Signed August 5, 1931
The undersigned plenipotentiaries duly authorized by their respective governments have agreed upon the following Accord:
Article I
The services of the Engineers provided for by Article XIII of the Treaty of September 16, 1915, for the sanitation and public improvement of the Republic, and by the Accord of July 17, 1923,45 regarding the Service Technique d’Agriculture, as well as their foreign aids and employees, shall definitely cease on September 30, 1931, except as provided below in Articles III and IV.
Article II
Accordingly, on October 1, 1931, the Government of Haiti will assume rightfully and definitely the administration and control of the Direction Generale des Travaux Publics, of the Service d’Hygiene, and of the Service Technique d’Agriculture, and the President of the [Page 506] Republic will deliver, in conformity with the Constitution and the laws, commissions to the Haitian engineers, physicians, and employees deemed necessary for the functioning of the above mentioned Services.
Article III
In that which concerns the Service National d’Hygiene, it is understood that in conformity with the laws in force it will have, under the direction of the Secretary of State for the Interior, throughout the Republic, the administration, inspection, and supervision of all of the public services of hygiene, sanitation and quarantine of the hospitals, rural dispensaries, poor relief, insane asylums and sanitary garages, of the Medical School, the Health Center, the laboratories, etc.
Nevertheless, in the cities of Port-au-Prince and Cape Haitian, and their immediate environs (that is within a radius of two miles of the cities proper but including also Petionville) where, pending other arrangements and until the conclusion of a protocol for their evacuation, American troops are stationed, an American scientific mission shall be especially charged in accord with the laws and regulations now in force with the control of sanitation and chlorination of water.
The Service Nationale d’Hygiene will be entitled, if it so requests, to receive the advice and recommendations of the above mentioned scientific mission within the restricted field of sanitation.
The Government agrees to leave to the Mission the sanitary garages at Port-au-Prince and Cape Haitian and the motor equipment strictly necessary for its activities but the Service Nationale d’Hygiene may always requisition the material thus loaned by agreement with the Mission if the need therefor should arise.
The Government of Haiti agrees that in case of epidemic or grave danger menacing the public health within the above mentioned cities of Cape Haitian and Port-au-Prince the Mission will cooperate with the National Public Health Service to combat the danger and for this purpose shall be authorized to make all necessary recommendations, and to make use of all the facilities and all of the organizations of the above mentioned Service; and the Haitian Government, under such circumstances, will take the necessary measures and provide the necessary credits.
Article IV
The Mission provided for in the preceding article will comprise three American medical officers nominated by the Government of the United States and appointed by the President of Haiti. Their status will be assimilated so far as the salary that they receive from the public treasury is concerned to that of Public Health Officers [Page 507] first class provided for by the law of August 8, 1926. The Mission may also include, in addition, as a maximum six hospital corpsmen of the United States Navy who will be paid in conformity with a budget approved by the Minister of Interior upon the basis of the law of December 5, 1924.
The Mission will have the right to suitable offices at Cape Haitian and Port-au-Prince.
The funds necessary for the payment of the Haitian personnel and for the functioning of the sanitary services in the cities of Cape Haitian and Port-au-Prince will be provided for in a budget which shall be approved in advance by the Minister of Interior.
Article V
The Accord of August 24, 1918, regarding the communication of projects of Haitian laws to the Legation of the United States of America at Port-au-Prince, is and remains abrogated from this date.
If, nevertheless, the Government of the United States should deem a given law to be seriously inconsistent with any rights arising from provisions of agreements still in force, it will present its views to the Haitian Government through diplomatic channels for all proper purposes.
Article VI
The Accord of December 3, 1918, relating to the visa of the Financial Adviser on orders of payment issued by the Secretary of State for Finance, on the Receiver-General of Customs, or on the National Bank of the Republic of Haiti, is and remains abrogated. The Minister of Finance shall reach an agreement with the Financial Adviser on the procedure governing the service of payments.
The abrogation of the visa implies an obligation on the part of the Government of Haiti until the liquidation of the services of the Financial Adviser-General Receiver to make its expenditures within the limits of laws and credits voted or decreed with the accord of the Financial Adviser. The Haitian Government will reach agreements with the Financial Adviser regarding the measures affecting sources of revenue pending the liquidation of the services of the Financial Adviser-General Receiver.
Article VII
The land title registry office (Bureau d’Enregistrement) shall be entirely detached from the Office of the Financial Adviser-General Receiver and will pass under the complete control of the Secretary of Finance upon the signature of this Accord.
[Page 508]Article VIII
In view of the difficulties which have arisen with regard to the Law of May 26, 1931, it is understood that the travelling or representation allowances of the Legislative Body as provided for in the above mentioned law, will be paid without delay, starting from April 6, 1931, and up to September 30, 1931, from the general funds of the Treasury. After September 30, 1931, these allowances will be paid in accordance with a balanced budget.
Article IX
Since the Government of the United States believes that the discharge of the civilian officials and employees in the Services mentioned above in Articles I and II of the present Accord, will be unduly precipitate and has requested an indemnity for them, the Secretary of State for Finance in accord with the Financial Adviser is authorized to indemnify them upon an equitable basis from the general funds of the Treasury.
Specialists in the Service Technique who, upon the express request of the Government of Haiti, shall desire to remain in their former positions and sign the necessary contracts for this purpose with the Secretary of State for Agriculture shall not have the right to any indemnity by virtue of the liquidation of the Treaty Services.
Article X
The two Governments agree to continue their discussions regarding the other problems arising from the Treaty.
Article XI
While awaiting the settlement of the question of the Garde, the two Governments agree to maintain the “status quo” established by existing laws and agreements and to respect said laws and agreements.
Signed at Port-au-Prince in duplicate in the English and French languages, this fifth day of August, 1931.
- Dana G. Munro
- A. N. Leger