437.11/9–2644
The Secretary of State to the Ambassador in Cuba ( Braden )
Sir: Reference is made to the Department’s instruction no. 3012 of March 20, 194440 and prior correspondence, and also to the Ambassador’s recent discussions with officials of the Department,41 in relation to claims of American nationals against the Government of Cuba.
As suggested in the Embassy’s despatch no. 5554 of December 30, 1943,40 the view of this Government that the Cuban Government should take definite and serious steps promptly to liquidate claims of American nationals against that Government, particularly those involving unsatisfied judgments of Cuban Courts and also those [Page 911] arising out of supplies furnished or services rendered to that Government under contract, was brought to the attention of the Cuban Ambassador by an officer of the Department on March 1, 1944. With a view to impressing upon the Cuban Government the seriousness with which this Government regards the claims situation, it is suggested that the Embassy address a formal communication to the Ministry of State pointing out that this Government has, from time to time, given consideration to the desirability of concluding with the Government of Cuba an agreement providing for the prompt and orderly settlement of pecuniary claims of American nationals against that Government, the general nature of which has already been made known to the Ministry of State by the Embassy.
It may be added that in view of the greatly improved financial situation of the Cuban Government, there would appear to be no good reason why that Government should further postpone the payment of obviously valid claims, such, for example, as those based on unsatisfied judgments of Cuban Courts, and on non-payment for services rendered, or supplies furnished, under contract. Elementary principles of justice would seem to require that the Cuban Government take steps now to liquidate such obligations, many of which have been outstanding over a long period of years.
It may also be stated that it is the view of this Government that, in the interest of justice to the nationals of both countries, the two Governments should adopt a procedure for the final adjustment of other outstanding claims of nationals of each country against the Government of the other, the validity of which has not been determined or is not readily so apparent. It is accordingly suggested that, with a view to accomplishing that purpose, the Embassy transmit to the Ministry of State a copy of the enclosed draft claims convention and annexed Rules of Procedure42 with a request that the matter be given earnest consideration with a view to the early conclusion by the two Governments of an agreement along the lines indicated in the enclosed draft.
The Department is, of course, in entire agreement with the Embassy that all proper steps should be taken to protect American interests against the activities of so-called “mediators”43 referred to in the antepenultimate paragraph of the Embassy’s despatch no. 5554 of December 30, 1943.
Very truly yours,