837.30/89: Airgram

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

A–2382. Your A–2051, October 4.

Department is aware that claims arising out of explosion of Army barge in harbor of Habana can be considered under the Act of January 2, 1942, as amended, and that they do not fall within jurisdiction of the Claims Commission provided for in Article XII of Agreement for Military Cooperation of June 19, 1942. However, this Government desired to obtain agreement of Cuban Government to submission of all claims for damages arising from acts of members of the armed forces of the United States in Cuba to Commissions provided for in the Act of January 2, 1942, If Cuban Government is not agreeable to such an arrangement, this Government does not desire to press the matter, and the War Department advises that it will proceed to set up a Commission under the Act of January 2, 1942 to consider Cuban claims. However, the existence of Article XII of the Agreement of June 19, 1942 is an impediment to the exercise by such a Commission of jurisdiction over claims within the purview of Article XII. For this reason and, since the obligations undertaken in Article XII cannot be carried out, this Government considers its abrogation imperative. You will, therefore, please endeavor to obtain the consent of the Cuban Government to such abrogation.