137. Memorandum from Secretary Rogers to President Nixon1 2

MEMORANDUM FOR THE PRESIDENT - Evening Report

Cuban Proposal for Hijacking Agreement - We have received a report of the first Swiss-Cuban meeting on a hijacking agreement which took place in Havana Saturday. The Cuban side tabled a draft agreement which provides for stiff punishment by the receiving country of persons who seize or divert planes or vessels. Return of the offenders is neither required nor referred to. The obligation of prosecution does not apply in the case of political asylum, which is very narrowly defined. The Cuban draft also contemplates punishment by each party of persons who use its territory to prepare or carry out acts of violence against the territory of the other party or aircraft or vessels going to or from the other party’s territory. With respect to refugees, it merely provides that each country will apply its own laws strictly to persons coming from the territory of the other party.

The Cuban proposal appears somewhat more acceptable than the Cuban position in 1969-70 on this subject. We tentatively plan to use it as a framework for further Swiss-Cuban discussion and are considering proposing various amendments to it for the next meeting.

William P. Rogers
  1. Source: National Archives, RG 59, President’s Evening Reading: Lot 74 D 164. Confidential.
  2. Rogers informed the President of details of the first Swiss-Cuban meeting on the proposed Cuban Hijacking Agreement.