800.8836/10–2544

The Counselor of Embassy for Economic Affairs in Cuba (Nufer) to the Secretary of State

No. 8100

Sir: Supplementing the Embassy’s air mail despatch no. 7781 of August 28, 1944 (file no. 815.6), enclosing a copy and translation of the Cuban Government’s note no. 2035 of August 11, 1944,73 in reply to the Embassy’s protest against certain measures which it had adopted and which, in the Department’s opinion, tended to impair or nullify the concessionary rights of the several American-owned [Page 1009] terminal companies operating in Cuba, I have the honor to enclose copies (in English and Spanish) of a brief76 prepared by the companies’ lawyers in reply to the arguments advanced in the note under reference.

I believe that the companies’ reply conclusively refutes the Cuban Government’s arguments, and I am enclosing a memorandum dated October 25,76 prepared in the premises by Dr. Leobardo L. Gonzalez, the Embassy’s legal adviser, in which he likewise expresses himself as in full agreement with the opinions set forth therein. I would appreciate being informed whether the Department concurs in these viewpoints.

If so, I propose, subject to the Department’s approval, to send a further note to the Cuban Government, enclosing a copy of the attached brief and insisting in our previous request for the prompt derogation of the measures against which our protest was directed. I am hopeful that, in keeping with the present Government’s manifest desire to cooperate with us in every way it properly can, our renewed efforts will prove more successful than the representations which were made to the Batista administration.77 In view of the importance of the fundamental issue involved, namely, whether the terminal companies have any concessionary rights or whether the Cuban Government may order increases in their expenditures while simultaneously restricting their revenues, I hope that it may be possible for the Department to give me its instructions in the matter at the earliest possible opportunity.

Respectfully yours,

Albert F. Nufer
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  4. The administration of Fulgencio Batista was succeeded on October 10, 1944, by that of Ramón Grau San Martín.