Foreign Relations of the United States, Diplomatic Papers, 1933, The American Republics, Volume V
838.51/2602
The Minister in Haiti (Armour) to the Secretary of State
[Received February 26 (?).]
Sir: With reference to the Department’s telegram No. 4, of February 14, 5 p.m., I have the honor to transmit herewith the draft of an amended treaty containing the changes proposed by the Haitian Government in the Treaty of September 3, 1932. A translation of the text is also enclosed.
[Page 723]As this draft was handed to me by the Minister for Foreign Affairs only yesterday, the Legation has not yet had an opportunity to study the proposed changes. However, it is hoped, in conjunction with the office of the Financial Adviser, to have an analysis of the changes, together with the comments and suggestions thereon, ready to despatch to the Department by airmail on February 25, next.35
The changes, particularly in Protocol B, go of course far beyond those of form or phraseology which, in accordance with the Department’s instructions, on several occasions I emphatically explained was all that my Government was prepared to consider.…
Respectfully yours,
Draft Project of an Amended Treaty Containing Changes Proposed by the Haitian Government in the Treaty of September 3, 1932
The President of the United States of America and the President of the Republic of Haiti, animated by a common desire to establish on a solid and durable basis the good understanding which should exist between them and their respective States, and convinced that a treaty of friendship will contribute to the accomplishment of this happy result for the present and the future, have resolved to conclude this treaty, designed to put an end to the special situation created by the Treaty of 1915.
For that purpose, they have chosen as their plenipotentiaries: . . . . . . .
Who, after communicating to each other their respective full powers, found in good and due form, have agreed upon the following articles:
Article I
There shall be constant peace and perpetual friendship between the United States of America and the Republic of Haiti, as well as between the citizens of the two States, without exception of person or place.
Article II
Nationals of each of the two States shall be permitted entry and sojourn, together with their families, in the territory of the other. And, on condition of conforming with the laws of the country, they shall be treated as nationals in regard to travel and residence and they [Page 724] will have the right to engage in commerce and industrial manufacturing and to carry on trade in articles of lawful commerce, either in person or by representatives, either alone or in association with foreigners or nationals.
With regard to the practice of their industry, trade, or profession, the pursuit of their studies or scientific investigations, they will be treated as the nationals of the most favored nation.
Article III
The two Governments agree, furthermore, to terminate the Treaty of September 16, 1915, in accordance with the following program:
- (1)
- Articles IV, XII, and XIII of said treaty are declared to be entirely executed and are abrogated by these presents.
- (2)
- Article X will be abrogated upon the complete Haitianization of the Garde d’Haiti, as provided in Protocol A annexed to this treaty.
- (3)
- Articles II, III, V, VI, VII, VIII and IX will be abrogated on December 31, 1934, the date on which the two Governments will apply Protocol B annexed to this treaty.
Article IV
The present treaty will be ratified by each party in conformity with the respective Constitutions of the two countries and the ratifications will be exchanged in the city of Port-au-Prince as soon as possible.
In faith whereof, the respective plenipotentiaries have signed this treaty and have thereunto affixed their seals.
Done at Port-au-Prince, the . . . . . . .
protocol a
Article I
The American officers now serving with the Garde d’Haiti will be replaced in such a manner that, by December 31, 1934, the Garde shall be completely commanded by Haitian officers.
Article II
On December 31, 1934, the Garde, under complete command of Haitian officers, will be turned over to a Colonel in active service whom the President of the Republic shall designate as Commandant.
Article III
The promotions to be effected until the complete Haitianization of the Garde will be made after examinations held in the presence of a representative of the Haitian Government in conformity with Article X of the Treaty of September 16, 1915.
[Page 725]Article IV
To complete the instruction, training, and discipline of the Garde, the President of Haiti may, if he considers it desirable, request the President of the United States to designate a Military Mission of seven members among the highest ranking officers who have served in the Garde. The powers to be granted to this Mission will be determined by a decree of the President of Haiti. The duration of this Mission shall not exceed three years after date of the Haitianization of the Garde.
The withdrawal of the Marine Brigade of the United States will commence immediately upon the ratification of the present treaty by the National Assembly in order to be completed by the date provided for the Haitianization of the Garde.
Article V
Upon ratification of the present treaty by the Haitian Chamber of Deputies, the American Scientific Mission shall cease to exist.
The President of Haiti may, if he considers it desirable, request the President of the United States to designate two experts in sanitary matters to collaborate with the Chief of the Service National d’Hygiène Publique. The powers of these two specialists will be determined by a decree of the President of Haiti, and the budget of the Mission, as provided by the accord of August 5, 1931, shall be annexed to the budget of the Service National d’Hygiène Publique.
Article VI
The Government of Haiti, in order to preserve public order, assumes the obligation of maintaining strict discipline in the Garde and of applying for this purpose the present regulations of the Garde d’Haiti.
It will enact a statute which will fix the conditions of appointment, promotion, and retirement in the Garde. It will also take all legislative measures recognized as necessary to guarantee public peace and security, by the enlargement and armament of the Garde and the reform of the rural police.
Article VII
Each month the National Bank of the Republic of Haiti shall set aside the amount necessary to cover the budgetary allotment of the Garde.
Article VII [sic]
The Government of the United States, taking into consideration the necessity for local authorities to provide for the public security, [Page 726] agrees to relinquish to the Haitian State, at the moment of the withdrawal of its troops, all ownership in (1) a quantity of materiel, rifles and machine guns, in good condition and equal to that which the Garde now has at its disposal, according to an inventory drawn up in the presence of both parties; (2) the buildings and installations constructed for the expeditionary forces.
protocol b
Article I
Until the complete amortization or anticipated redemption of the bonds issued in accordance with the Protocol of October 3, 1919, the Government of Haiti undertakes:
- 1)
- To balance its annual budget and, whenever necessary, to adjust receipts to expenditures; not to make extraordinary or supplementary expenditures without unobligated funds to cover them; to create the necessary reserves to assure the service of the debt and budgetary expenses during the months of contraction of fiscal receipts;
- 2)
- Not to reduce the customs tariff nor modify internal taxes in such a way as to reduce the total receipts of the Republic;
- 3)
- To include annually in the budget of the Republic the amounts necessary for the regular service of the public debt, the total amounts representing the 5% of customs receipts for the personnel of the customs administration and the 15% of internal receipts for the personnel of the administration of contributions;
- 4)
- To permit the payment of the public debt in preference to any other payment;
- 5)
- To authorize the prior deduction of 5% of the customs receipts and 15% of internal receipts in accordance with collections.
Article II
Until the complete amortization or anticipated redemption of the bonds issued by virtue of the Protocol of October 3, 1919, a Fiscal Representative and Deputy Fiscal Representative shall be appointed by the President of Haiti on the nomination of the President of the United States for the purpose of inspecting and assuring in an adequate manner the service of the interest and amortization of the loan.
Article III
The National Bank of the Republic of Haiti, as treasurer of the State by virtue of its contract of concession and depository of treasury funds, has by these presents a formal and irrevocable mandate:
- a)
- To receive and collect for the account and credit of the State all duties, taxes and revenues belonging to it;
- b)
- To deduct each month preferentially and on its own initiative from the receipts or allocations of revenues pledged for the benefit [Page 727] of the loan and for the account of the fiscal agency, the sums necessary to provide the annual amount of the contractual interest and amortization charges;
- c)
- To remit to the proper person in accordance with the terms of the loan contract, at the times fixed and in the manner provided in the said contract, the amount of the authorized collections and deductions, under the control of the Fiscal Representative.
Article IV
The present organization of the office of the Receiver General and the Bureau of Contributions will be maintained with Haitian officials and a Haitian personnel for the dual administration of Customs and Contributions, who will be appointed by the President of Haiti.
The expenses of the Service of Contributions, including the salaries of foreign specialists, whom the Fiscal Representative can, if necessary, recommend to be appointed as expert accountants or inspectors and who will be no more than three in number, shall not exceed 15% of internal revenues.
Haitian employees shall receive a special training to occupy, as soon as possible and in any event not later than May 3, 1936, all positions in the Customs Service.
A decree of the President of Haiti will establish the rules governing the functionaries and employees in the Customs and Contribution services.
Article V
The Fiscal Representative and his Deputy, paid on the basis of the present salaries of the Financial Adviser-General Receiver of Customs and the Director General of Contributions, shall have authority to control or have controlled, either directly or by functionaries and employees of the audit and accounting services, the application of the tariff and the collection of all duties and other taxes on imports and exports in the various custom houses and ports of entry of the Republic of Haiti, in conformity with the laws and customs tariffs which are or will be in force.
The expenses of the Customs Service, including the salary of the Fiscal Representative and Deputy Fiscal Representative, will not exceed 5% of customs collections except by agreement of the two governments.
Article VI
All payments from Government funds will continue to be made by checks prepared by the Payment Service. The accord of August 5, 1931 will continue to control this service. The checks will be signed by a Haitian funtionary specially designated by the President of Haiti on the recommendation of the Secretary of State for Finance.
[Page 728]Article VII
The system of financial administration of the Republic of Haiti will be governed by a special finance law the project of which, upon approval by the Council of Secretaries of State will be submitted to the legislature.
Article VIII
The Haitian Government will reach an accord with the Government of the United States regarding the issue of any new series of the loan authorized by the law of June 26, 1922, provided that the new issue does not extend the period, now of approximately ten years, necessary for the amortization of the bonds in circulation.
Article IX
The Government of Haiti reserves the right to redeem by anticipation the bonds issued by virtue of the Protocol of October 3, 1919. The Government of the United States will not invoke Article VI of the Protocol as an obstacle to this redemption at any time. The stipulations of the present protocol will automatically be null and void in case of anticipated redemption.
note
I have the honor to confirm our understanding on certain points concerning the Treaty which we have signed today.
1. As it is necessary to intensify without delay the training of the Garde in view of its complete Haitianization on December 31, 1934, this intensive training, including particularly the earlier promotion of the present class of the Military School, will commence upon the ratification of the Treaty by the Haitian National Assembly.
2. The monthly salary which will be accorded by the Haitian Government to the members of the Military Mission will be $250 for the Chief and $200 for the other members.
These salaries will be included in the budget of the Garde.
This exchange of notes forms an integral part of the agreement between the two governments and will be communicated to the Haitian National Assembly and the Senate of the United States upon the ratification of the Treaty.