800.8836/1–1745

The Chargé in Cuba ( Muccio ) to the Secretary of State

No. 8613

Sir: I have the honor to refer to the Department’s instruction no. 4766 of December 20, 1944 (file no. 800.8836/10–2544) and previous correspondence in relation to the controversy between American-owned terminal and warehouse companies in Habana and the Cuban Maritime Commission in connection with the issuance of certain orders by the latter in alleged violation of the companies’ rights under their respective concessions.

In accordance with the third paragraph of the Department’s instruction, the legal adviser of the Embassy was again consulted as to whether the decisions of the Supreme Court of Cuba cited by the attorneys for the companies actually support their contention that the rights vested in them by their respective concessions cannot lawfully be modified unilaterally by the Cuban Government. After a further careful study of the matter, Dr. Gonzalez submitted his opinion in a memorandum, dated January 5, 1945 (of which a copy is attached),80 stating that while none of the cases in which the decision was cited by the companies’ attorneys is entirely comparable to the present controversy, they do afford a basis for the companies’ contention [Page 1012] that rights vested in them by their respective concessions cannot lawfully be modified unilaterally by the Cuban Government.

Subsequent thereto, a meeting was held at the Embassy, attended by the representatives of the terminal companies and their attorneys. In the course of this meeting it was unanimously agreed that it would be helpful if the Embassy in again bringing this matter to the attention of the Cuban Government could point out that the prospect of effecting an adjustment of the matter might be enhanced should the Ministry of State endeavor to obtain a more impartial appraisal of the situation by seeking the views of the Ministry of Justice rather than by continuing to rely on the opinion of the counsel for the Mari-time Commission whose primary interest may, as the Department points out, be that of endeavoring to support the legality of the Cuban Maritime Commission’s actions.

There is enclosed a copy of the Embassy’s note no. 60 of January 13, 194581 which was delivered to the Minister of State on January 16 and to which was attached the Spanish text of the memorandum prepared by the attorneys of the terminal companies81 in refutal of the opinion expressed by Dr. Gregorio del Real, the legal counsel of the Cuban Maritime Commission, in his report of June 28, 1944. Simultaneously there was handed to the Minister of State an informal memorandum, also dated January 13, 1945, suggesting that the Ministry of Justice, rather than the Cuban Maritime Commission, be consulted regarding the legal contentions of the companies, as it was deemed preferable to make this suggestion in an informal memorandum rather than to embody it in an official note.

The Minister of State offered promptly to refer the matter to the appropriate agencies of the Cuban Government for further investigation and the Department will be kept informed of any further developments.82

Respectfully yours,

For the Chargé d’Affaires a.i.:
Albert F. Nufer

Counselor of Embassy for Economic Affairs
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  4. No further report on this case has been found in Department files.