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Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 1990 Plenipotentiaries- Continued. PAN AMERICAN MARITIME NEUTRALITY. FEB. 20,1928. Uruguay : Jacobo Varela Acevedo, Juan Jose Amezaga, Leonel Aguirre, Pedro Erasmo Callorda. Panama : Ricardo J. Alfaro, Eduardo Chiari. Ecuador : Gonzalo Zaldumbide, Victor Zevallos, Colon Eloy Alfaro. Mexico : Julio Garcia, Fernando Gonzalez Roa, Salvador Urbina, Aquiles Elorduy. Salvador : Gustavo Guerrero, Hector David Castro, Eduardo Alvarez. Guatemala : Carlos Salazar, Bernardo Alvarado Tello, Luis Beltranena, Jose Azurdia. Nicaragua : Carlos Cuadra Pazos, Joaquin Gomez, Maximo H. Zepeda. Bolivia: Jose Antezana, Adolfo Costa du Rels. Venezuela : Santiago Key Ayala, Francisco Gerardo Yanes, Rafael Angel Arraiz. Colombia : Enrique Olaya Herrera, Jesus M. Yepes, Roberto Urdaneta Arbelaez, Ricardo Gutierrez Lee. Honduras: Fausto Davila, Mariano Vazquez. Costa Rica : Ricardo Castro Beeche, J. Rafael Oreamuno, Arturo Tinoco. Chile: Alejandro Lira, Alejandro Alvarez, Carlos Silva Vildosola, Manuel Bianchi. Brazil: Raul Fernandes, Lindolfo Collor, Alarico da Silveira, Sampaio Correa, Eduardo Espinola. Argentina: Honorio Pueyrredon, (Later resigned), Laurentino Olascoaga, Felipe A. Espil. Paraguay Lisandro Diaz Leon. Haiti : Fernando Dennis, Charles Riboul. Dominican Republic : Francisco J. Peynado, Gustavo A. Diaz, Elias Brache, Angel Morales, Tulio M. Cestero, Ricardo Perez Alfonseca, Jacinto R. de Castro, Federico C. Alvarez. United States of America : Charles Evans Hughes, Noble Brandon Judah, Henry P. Fletcher, Oscar W. Underwood. Dwight W. Mor- row, Morgan J. O'Brien, James Brown Scott, Ray Lyman Wilbur, Leo S. Rowe. Cuba : Antonio S. de Bustamante, Orestes Ferrara, Enrique Her- nandez Cartaya, Jose Manuel Cortina, Aristides Agiiero, Jose B. Aleman, Manuel Marquez Sterling, Fernando Ortiz, Nestor Car- bonell, Jesus Maria Barraque. Who after having presented their credentials, which were found in good and correct form, have agreed upon the following provisions : - Rules governing. Right of search, etc., of non-neutral ships. kJG1USV11 ~.-~..,.,...,... ?_ .,.,---------- --- ------ -- --- - ARTICLE 1 The following rules shall govern commerce in time of war : 1. Warships of the belligerents have the right to stop and visit on the high seas and in territorial waters that are not neutral any merchant ship with the object of ascertaining its character and nationality and of verifying whether it conveys cargo prohibited by international law or has committed any violation of blockade. If the merchant ship does not heed the signal to stop, it may be pursued by the warship and stopped by force; outside of such a case the ship cannot be attacked unless, after being hailed, it fails to observe the instructions given it. Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 PAN AMERICAN MARITIME NEUTRALITY. FEB. 20,1928. 1991 The ship shall not be rendered incapable of navigation before the crew and passengers have been placed in safety. 2. Belligerent submarines are subject to the foregoing rules. If the submarine cannot capture the ship while observing these rules, it shall not have the right to continue to attack or to destroy the' ship. Belligerent subma. rines. ARTICLE 2 Both the detention of the vessel and its crew for violation of neu- Detention for neu- trality shall be made in accordance with the procedure which best tral,ty o,oltions suits the state effecting it and at the expense of the transgressing ship. Said state, except in the case of grave fault on its part, is not responsible for damages which the vessel may suffer. Section II.-Duties and rights of belligerents. Duties and rights of belligerents. ARTICLE 3 Belligerent states are obligated to refrain from performing acts wa$te?rsttforbiddenneutrai of war in neutral waters or other acts which may constitute on the part of the state that tolerates them, a violation of neutrality. ARTICLE 4 Under the terms of the preceding article, a belligerent state is Acts forbidden. forbidden : a) To make use of neutral waters as a base of naval operations Using neutral watem against the enemy, or to renew or augment military supplies or the armament of its ships, or to complete the equipment of the latter; b) To install in neutral waters radio-telegraph stations or any sc aadlo~legraph in, other apparatus which may serve as a means of communication with its military forces, or to make use of installations of this kind it may have established before the war and which may not have been opened to the public. ARTICLE 5 Belligerent warships are forbidden to remain in the ports or n Temporary stay in waters of a neutral state more than twenty-four hours. This provi-arts sion will be communicated to the ship as soon as it arrives in port or in the territorial waters, and if already there at the time of the declaration of war, as soon as the neutral state becomes aware of this declaration. Vessels used exclusively for scientific, religious, or philanthropic Exemptions. purposes are exempted from the foregoing provisions. A ship may extend its stay in port more than twenty-four hours damage etc reason of in case of damage or bad conditions at sea, but must depart as soon as the cause of the delay has ceased. When, according to the domestic law of the neutral state, the ship Fueling. may not receive fuel until twenty-four hours after its arrival in port, the period of its stay may be extended an equal length of time. ARTICLE 6 The ship which does not conform to the foregoing rules may be Vessels oa ovum interned by order of the neutral government. ing to rules. A ship shall be considered as interned from the moment it receives notice to that effect from the local neutral authority, even though a petition for reconsideration of the order has been interposed by the transgressing vessel, which shall remain under custody from the moment it receives the order. Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 1992 PAN AMERICAN MARITIME NEUTRALITY. FEB. 20,1928. ARTICLE 7 Maximum of war- In the absence of a special provision of the local legislation, the ships of a belligerent, permitted. maximum number of ships of war of a belligerent which may be in a neutral port at the same time shall be three. ARTICLE 8 Order of departure. A ship of war may not depart from a neutral port within less than twenty-four hours after the departure of an enemy warship. The one entering first shall depart first, unless it is in such condition as to warrant extending its stay. In any case the ship which arrived later has the right to notify the other through the competent local author- ity that within twenty-four hours it will leave the port, the one first entering, however, having the right to depart within that time. If it leaves, the notifying ship must observe the interval which is above stipulated. ARTICLE 9 Repairs permitted. Damaged belligerent ships shall not be permitted to make repairs in neutral ports beyond those that are essential to the continuance of the voyage and which in no degree constitute an increase in its military strength. Damages by enemy's Damages which are found to have been produced by the enemy's are eioopted. fire shall in no case be repaired. The neutral state shall ascertain the nature of the repairs to be made and will see that they are made as rapidly as possible. ARTICLE 10 Provisioning. Belligerent warships may supply themselves with fuel and stores in neutral ports, under the conditions especially established by the local authority and in case there are no special provisions to that effect, they may supply themselves in the manner prescribed for provisioning in time of peace. ARTICLE 11 tlo Refueling restric- Warships which obtain fuel in a neutral port cannot renew their supply in the same state until a period of three months has elapsed. ARTICLE 12 Belligerents to re- Where the sojourn supplying, and rovisionin of belligerent olive equal treatment. ; P g ships in the ports and jurisdictional waters of neutrals are concerned, the provisions relative to ships of war shall apply equally : 1. To ordinary auxiliary ships; 2. To merchant ships transformed into warships, in accordance with Convention VII of The Hague of 1907. saNeatrfor al specified vessels be The neutral vessel shall be seized and in general subjected to the fenses. same treatment as enemy merchantmen : a) When taking a direct part in the hostilities; b) When at the orders or under the direction of an agent placed on board by an enemy government; c) When entirely freight-loaded by an enemy government; d) When actually and exclusively destined for transporting enemy troops or for the transmission of information on behalf of the enemy. Merchandise of, in- In the cases dealt with in this article, merchandise belonging to cluded. the owner of the vessel or ship shall also be liable to seizure. Poet, P. 1996. 3. To armed merchantmen. Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 Approved For Release 2011/08/11: CIA-RDP05C01629R000300490006-6 PAN AMERICAN MARITIME NEUTRALITY. FEB. 20,1928. 1993 ARTICLE 13 Auxiliary ships of belligerents, converted anew into merchantmen, mBen~ m aauxiliary shall be admitted as such in neutral ports subject to the following Conditions govern- conditions : ing admittance into 1. That the transformed vessel has not violated the neutrality of neutral port& the country where it arrives; 2. That the transformation has been made in the ports or jurisdic- tional waters of the country to which the vessel belongs, or in the ports of its allies; 3. That the transformation be genuine, namely, that the vessel show neither in its crew nor in its equipment that it can serve the armed fleet of its country as an auxiliary, as it did before; 4. That the government of the country to which the ship belongs communicate to the states the names of auxiliary craft which have lost such character in order to recover that of merchantmen; and 5. That the same government obligate itself that said ships shall not again be used as auxiliaries to the war fleet. ARTICLE 14 The airships of belligerents shall not fly above the territory or the territorial waters of neutrals if it is not in conformity with the regu- lations of the latter. Section III.-Rights and duties of neutrals. ne iigght and duties of ARTICLE 15 Of the acts of assistance coming from the neutral states, and the acts of commerce on the part of individuals, only the first are con- trary to neutrality. ARTICLE 16 The neutral state is forbidden : a) To deliver to the belligerent, directly or indirectly, or for any reason whatever, ships of war, munitions or any other war material; b) To grant it loans, or to open credits for it during the duration of war. Credits that a neutral state may give to facilitate the sale or ex- portation of its food products and raw materials are not included in this prohibition. ARTICLE 17 Prizes cannot be taken to a neutral port except in case of unsea- worthiness, stress of weather, or want of fuel or provisions. When the cause has disappeared, the prizes must leave immediately; if none of the indicated conditions exist, the state shall suggest to them that they depart, and if not obeyed shall have recourse to the means at its disposal to disarm them with their officers and crew, or to intern the prize crew placed on board by the captor. ARTICLE 18 Outside of the cases provided for in Article 17, the neutral state must release the prizes which may have been brought into its terri- torial waters. ARTICLE 19 When a ship transporting merchandise is to be interned in a neu- tral state, cargo intended for said country shall be unloaded and that destined for others shall be transhipped. Acts contrary to neu- trality. When prizes may en- ter neutral ports. Cargoes of interned ships. Approved For Release 2011/08/11: CIA-RDP05C01629R000300490006-6 ENEWEEMENEW Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 1994 Reprovisioning strictions. PAN AMERICAN MARITIME NEUTRALITY. FEB. 20,1928. ARZrcr,E 20 re- The merchantman supplied with fuel or other stores in a neutral state which repeatedly delivers the whole or part of its supplies to a belligerent vessel, shall not again receive stores and fuel in the same state. menlligurnis furnishing Should it be found that a merchantman flying a belligerent flag, plies to warships. by its preparations or other circumstances, can supply to warships of a state the stores which they need, the local authority may refuse it supplies or demand of the agent of the company a guaranty that the said ship will not aid or assist any belligerent vessel. Exportation, etc., of arms, etc. ARTicr.E 22 Neutral states are not obligated to prevent the export or transit at the expense of any one of the belligerents of arms, munitions and in general of anything which may be useful to their military forces. Transit shall be permitted when, in the event of a war between two American nations, one of the belligerents is a mediterranean country, having no other means of supplying itself, provided the vital interests of the country through which transit is requested do not suffer by the granting thereof. ARTICLE 23 Departure of nation- als of belligerents, etc., Neutral states shall not oppose the voluntary departure of nationals for military service. of belligerent states even though they leave simultaneously in great numbers; but they may oppose the voluntary departure of their own nationals going to enlist in the armed forces. ARTicrE 24 communication fa. The use by the belligerents of the means of communication of neu- ciuties. tral states or which cross or touch their territory is subject to the measures dictated by the local authority. ARTICLE 25 Care of the dead or If as the result of naval operations beyond the territorial waters wounded. of neutral states there should be dead or wounded on board belliger- ent vessels, said states may send hospital ships under the vigilance of the neutral government to the scene of the disaster. These ships shall enjoy complete immunity during the discharge of their mission. ARTICLE 26 S sve lance by nou- Neutral states are bound to exert all the vigilance within their trW power in order to prevent in their ports or territorial waters any violation of the foregoing provisions. Fulfilment and ob- Section IV.-Fulfilment and observance of the laws of neutrality. servance of the laws of neutrality. ARTICLE 27 viIndemnification pro. A belligerent shall indemnify the damage caused by its violation of the foregoing provisions. It shall likewise be responsible for the acts of persons who may belong to its armed forces. Contracting only affected. ARTICLE 28 Par"68 The present convention does not affect obligations previously un- dertaken by the contracting parties through international agreements. Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 PAN AMERICAN MARITIME NEUTRALITY. FEB. 20,1928. ARTICLE 29 After being signed, the present convention shall be submitted to the ratification of the signatory states. The Government of Cuba is charged with transmitting authentic certified copies to the govern- ments for the aforementioned purpose of ratification. The instru- ment of ratification shall be deposited in the archives of the Pan American Union in Washington, the Union to notify the signatory governments of said deposit. Such notifications shall be considered as an exchange of ratifications. This convention shall remain open to the adherence of nonsignatory states. In witness whereof, the aforenamed plenipotentiaries sign the pres- ent convention in Spanish, English, French, and Portuguese, in the city of Habana, the 20th day of February, 1928. Peru : JESUS M. SALAZAR, VICTOR M. D'IALRTUA, Luis ERNESTO DENEGRI, E. CASTRO OYANGUREN. Uruguay : VARELA, PEDRO ERASMO CALLORDA. Panama : R. J. ALFARO, EDUARDO CHIARI. Ecuador : GONZALO ZALDUMBIDE, VICTOR ZEVALLOS, C. E. ALFARO. Mexico : JULIO GARCIA, FERNANDO GONZALEZ ROA, SALVADOR UR- BINA, AQUILES ELORDUY. Salvador : J. GUSTAVO GUERRERO, HECTOR DAVID CASTRO, ED. ALVAREZ. Guatemala : CARLOS SALAZAR, B. ALVARADO, Luis BELTRANENA, J. AZURDIA. Nicaragua : CARLOS CUADRA PAZOS, MAxIMO H. ZEPEDA, JOAQUIN GoMEz. Bolivia: Jose ANTEZANA, A. COSTA DU R. Venezuela : SANTIAGO KEY AYALA, FRANCISCO G. YANES, RAFAEL ANGEL ARRAIz. Colombia : ENRIQUE OLAYA HERRERA, R. GuTIERREz LEE, J. M. YEPES. Honduras : F. DAvrLA, MARIANO VAZQUEZ. Costa Rica: RICARDO CASTRO BEECHE, J. RAFAEL OREAMUNO, A. TINOCO JIMENEZ. Reservation of the Delegation of Chile The delegation of Chile signs the present convention with a reser- vation concerning Article 22, paragraph 2. Chile : ALEJANDRO LIRA, ALEJANDRO ALVAREZ, C. SILVA VILD6soLA, MANUEL BIANom. Brazil: RA-ft FERNANDES, LIxDoLFO COLLOR. Argentina : LAURENTINO OLASCOAGA, FELIPE A. ESPIL, CARLOs ALBERTO ALCORTA. Paraguay : LISANDRO DIAz LEON, JUAN VICENTE RAMIREZ. Haiti : FERNANDO DENNIS. Dominican Republic : FRACO. J. PEYNADO, TuLIo M. CESTERO, JACINTO R. DE CASTRO, ELIAs BRACHE, R. PEREz ALFONSECA. 3051?-33-pr 2-24 1995 Ratification provi. sions. Communication to other Powers. Adherence of nonsig- natory states. Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6 1996 PAN AMERICAN MARITIME NEUTRALITY. FEB. 20,1928. Reser United star of Amer Reservation of the Delegation of the United States of America. ica. Ante, p. 1992. The delegation of the United States of America signs the present convention with a reservation regarding Article 12, section 3. United States of America : CHARLES EvANS HUGHES, NOBLE BRAN- DON JUDAH, HENRY P. FLETCHER, OSCAR W. UNDERWOOD, MORGAN J. O'BRZEN, JAMES BROWN ScoTr, RAY LYMAN WILBUR, LEO S. RowE. Reservation of Cuba. Reservation of the Delegation of Cuba. Ante, p. 1992. The delegation of the Republic of Cuba signs with a reservation in reference to Article 12, section 3. Cuba : ANTONIO S. DE BUSTAMENTE, OREsTEs FERRARA, E. HER- NANDEZ CARTAYA, ARISTIDES DE AGUERO BETHENCOURT, M. MARQUEZ STERLING. NESTOR CARBONELL. Eng- lish Certification of Eng. Certified to be the English text of the Convention on Maritime Neutrality as contained in the Final Act signed at the closing session of the Sixth International Conference of American States. FRANK B KELLOGG Secretary of State of the United States of America. Ratification with res. AND WHEREAS the said convention has been duly ratified on the ervatlcn. part of the United States of America, subject to the reservation made by the delegates of the United States of America at the said Ante, p. 1992. conference in regard to Section 3 of Article 12 thereof, namely, " 3. To armed merchantmen.", which Section the Government of the United States of America does not accept, and the instrument of ratification of the United States of America was deposited with the Pan American Union on March 22, 1932, in accordance with Ante, p. 1995. Article 29 of the said convention; Ratifications. AND WHEREAS the said convention has been ratified also by the Governments of Panama, Nicaragua, and Bolivia and the instru- ments of ratification of the said governments were deposited with the Pan American Union on May 21, 1929, January 12, 1931, and March 9, 1932, respectively; Proclamation. Now, THEREFORE, be it known that I, Herbert Hoover, President of the United States of America., have caused the said convention to be made public to the end that the same and every article and clause thereof, with the exception of Section 3 of Article 12, may be ob- served and fulfilled with good faith by the United States of America and the citizens thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the city of Washington this twenty-sixth day of May in the year of our Lord one thousand nine hundred and [SEAL] thirty-two and of the Independence of the United States of America the one hundred and fifty-sixth. HERBERT HOOVER By the President : HENRY L STIMSON Secretary of State. Approved For Release 2011/08/11: CIA-RDP05CO1629R000300490006-6