837.30/88
The Ambassador in Cuba (Braden) to the Secretary of State
[Received September 13.]
Sir: I have the honor to refer to the Department’s instruction No. 1754 of June 5, 194334 in regard to the incorporation of an article covering military jurisdiction over members of the armed forces of the United States in Cuba in the draft supplementary agreement for military and naval cooperation between the United States and Cuba submitted with the Embassy’s despatch No. 2314 of February 26, 1943.34
The attitude of the Prime Minister and the Minister of State, as recently expressed informally, is to the effect that as a practical matter, taking into consideration the Cuban Constitution and treaty procedure, it would be preferable not to include an article on military-jurisdiction over members of the armed forces of the United States; in Cuba in the draft supplementary agreement for military and naval cooperation between the United States and Cuba or to reach an agreement independently on the subject by an exchange of notes but rather to continue the status quo in force. Up to the present time, there has been little difficulty encountered with respect to the prompt surrendering to the competent American military or naval authorities for adjudication of their cases of members of the armed forces of the United States whom the Cuban authorities have detained. The present arrangement, therefore, appears satisfactory to both the American and Cuban Governments and consequently the Embassy is taking no further action in the matter at this time.
Respectfully yours,