PAN AMERICAN MARITIME NEUTRALITY. FEB. 20, 1928.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05C01629R000300490006-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: August 11, 2011
• Sequence Number: 6
• Content Type: REGULATION

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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.
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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.
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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.
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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.
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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.
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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.
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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.
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