Foreign Relations of the United States, 1969–1976, Volume E–11, Part 1, Documents on Mexico; Central America; and the Caribbean, 1973–1976

318. Message From the Department of State to the Swiss Embassy in Havana¹

Washington, August 17, 1976.

Ref: H–4378

Request Embassy deliver the following message to MinRex by note:

Quote:

The United States Government refers to the Government of Cuba’s Note of August 3, 1976 concerning the Memorandum of Understanding on Hijacking of Aircraft and Vessels and Other Offenses dated February 15, 1973 and affirms its continuing commitment to it, consistent with well-known United States policy.

Regarding the vessels referred to in the note, the Government of the United States wishes to inform the Government of Cuba that the United States Coast Guard has recovered the two vessels which were involved in the first and third cases. They are presently in United States Government custody and the United States is prepared to return them to Cuban authorities as soon as arrangements can be made. Upon confirmation of receipt of this note, the United States Coast Guard will coordinate the return of these vessels to Cuba with Cuban authorities via the Aeronautical Fixed Telecommunications Network.

The vessels involved in the second and fourth incidents referred to in the Note of the Government of Cuba did not enter the territorial waters of the United States and are presumed lost at sea. The two vessels never came into United States Government custody.

The United States Government has investigated the circumstances surrounding the incidents referred to in the Government of Cuba’s Note and has determined that no further action is required of it as contemplated by Article First of the Memorandum of Understanding. The United States Government wishes to draw attention to the fact that in the second and fourth instances referred to the vessels involved never entered the territorial waters of the United States and therefore no act occurred which would be subject to United States jurisdiction. The other two cases, in which vessels entered United States waters, involved two small dinghies. Moreover, ascertainable facts in all four cases reveal no use of firearms or coercive threats of any kind against crews or other persons.

The Government of the United States reiterates its firm desire that the memorandum be interpreted and implemented faithfully and meticulously by both parties in accordance with their respective laws. It wishes to reassure the Government of Cuba of such intention on its part.

1. Summary: The U.S. Government offered to return two stolen boats to Cuba but rejected the Cuban Government’s assertion that those who had stolen the vessels in order to reach the United States should be punished under the terms of the 1973 U.S.-Cuban agreement on hijacking.

   Source: Ford Library, National Security Adviser, NSC Latin American Affairs Staff Files, 1974–1977, Country Files, Box 2, Cuba—Hijacking. No classification marking. Drafted by Willis and F. Abbot in L/ARA and Holladay; cleared by Brownell, Lazar, Luers, Gleysteen, and Dixon; and approved by Shlaudeman. In an August 2 message, H–4378, to the Department, the Cuban Foreign Ministry cited four cases in which Cubans stole boats in order to reach the United States, and it noted that a failure to punish the individuals responsible for the thefts might be interpreted by the Cuban Government as a U.S. denunciation of the 1973 hijacking agreement. (Ibid.) For the 1973 memorandum of understanding, see Document 271.