STRAIGHT BASELINE: CUBAN SOUTHERN COAST

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000400060001-3
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 6
• Document Creation Date: December 27, 2016
• Document Release Date: September 13, 2012
• Sequence Number: 1
• Publication Date: December 21, 1970
• Content Type: MISC

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RESEARCH STUDY
BUREAU OF INTELLIGENCE AND RESEARCH
December 21, 1970
STRAIGHT BASELINES: CUBAN SOUTHERN COAST
Increased Soviet naval activity in Cuban waters has focused
attention on the extent of Cuban territorial sea claims. This study is
concerned with Cuban territorial sea claims along the southern coast and
the effect of such claims on passage to and from the Bahia de Cienfuegos.
ABSTRACT
Cuba has issued two decrees, in 1942 and 1955, affecting
its territorial sea claims.1 To the best of our knowledge, no
new decrees have superseded the aforementioned citations. The
decrees, while not precise, apparently established straight
baselines around certain extents of the islands. The decrees
did not identify the straight baselines and therefore subjective
interpretation of the language of the decrees is required.
However, some elaboration was provided in a special study on
Cuban territorial waters done in 1951 and presented to the U.S.
Naval Attache in Havana in 1956.2
In essence, the straight baselines, in conjunction with the
enveloping arcs of the territorial seas of the various rocks and
1. The two decrees are appended to the end of the study.
2. The special study was done by the Cuban Navy in 1951 for the Cuban
State Department, ILLEGIB
This report was produced by the Bateau
of Intelligence and Research. Aside from
normal substantive exchange with other
agencies at the working level, it has nm
been coordinated elsevAere
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NO FOREIGN DISSEM
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cays, effectively enclose a large expanse of water which the Cubans
consider to be internal or historic waters. These straight base-
lines and enveloping arcs restrict passage within 18 nautical
miles of Bahia de Cienfuegos.
Knowledge available in the Department does not indicate that the
United States Government has not officially protested the Cuban decrees
relative to the territorial sea.
CONFIDENTIAL
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NO FOREIGN DISSEM
CUBA
Organic Law of the Army and Navy, Approved by Decree-Law
No. 7 of 27 January 1942
Article 36. For the purposes of this law, the jurisdictional
waters (the territorial sea) shall extend to a distance of three
nautical miles from the coasts of the Republic, to be reckoned from the
low-water mark on the keys or adjacent islands farthest from the mainland,
and running parallel to the contour of the national territory and its keys
and islands. The maritime customs zone shall extend to a distance of
twelve nautical miles from the coast from the high-water mark, that is to
say the distance of four leagues referred to in article 9 of the Customs
Ordinances now in force. All places intended to serve for naval purposes
shall be regarded as naval bases; they shall include dockyards, arsenals,
stores, naval academies, forts, buildings and any area the boundaries of
which have previously been fixed by the President of the Republic and in
which naval forces are or are to be encamped. During campaigns or
manoeuvres, the following shall also be regarded as naval bases: on
land, the area of the polygonal zone bounded by the straight lines
connecting the extreme limits of the advanced posts; and at sea, when
more than two vessels are engaged, the area of the polygonal zone bounded
by the straight lines connecting the extreme limits of the waters
immediately surrounding the vessels, such limits to be determined by the
officer acting as commanding officer in charge of the manoeuvres in
question.
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Legislative Decree No. 1948 of 25 January 1955
Relating to the Territorial Sea
Article 1. The waters situated between the coast of the Island
and the adjacent keys are hereby declared internal waters, in so far
as neither the distance between the said coast and the keys nor the
distance between one key and another exceeds ten miles.
Article 2. The State is hereby empowered to take whatever
legislative administrative or technical action is necessary
for the protection and conservation of the maritime resources in the
zones of the high seas contiguous to the territorial sea of Cuba.
RGE-INR/Geographer
Director : RDHodgton
Analyst : TVMcIntyret-
Extension : 2202
Released by:
CONFIDENTIAL
NO FOREIGN DISSEM
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LONhlUtNIIAL
STRAIGHT BASELINES: CUBAN SOUTHERN COAST
The crucial problem is to identify the baseline from which the
three-mile Cuban territorial sea was measured. The problem is not so
much that of identifying the "keys or adjacent islands farthest from the
mainland." as envisaged in the Cuban Organic Law of 1942, but rather of
constructing straight baselines between the keys and islands.
The decrees of 1942 and 1955 did not promulgate straight baselines,
but their existence was inferred. Straight baselines are required to
delimit a territorial sea as generally specified by the laws.
The Cuban Navy report did delimit baselines that closed off areas as
Cuban historic or internal waters. The decrees establishing these areas
of historic or internal waters are not available but the Cuban Navy
report was quite precise in identifying the aforementioned water areas.
The Cuban Navy report was completed in 1951 which was prior to the
promulgation of the 1955 decree which placed limits on the delimitation
of straight baselines. The 1955 decree stated that baselines could not
exceed 10 nautical miles in length. It is obvious that the 1951 report
of the Cuban Navy did not incorporate this restriction into its analysis.
The lack of consideration of the 10 nautical miles restriction could
be justified by proclaiming areas as historic waters. Customary
international law provides evidence whereby many areas are considered as
historic waters through the implementation of rather liberal acts of
delimitation, e.g., shutting of areas which could not be closed by
relying upon rationale evidenced in customary international law.
There are 10 basepoints along the southern coast between which
straight baselines are or may be drawn. The Cuban Navy report identified
four of the points precisely, while alluding to the remaining six points.
The five-straight-baseline segments plus the enveloping arcs of the
three-mile territorial seas of the offshore rocks and cays effectively
enclosed vast sea areas as Cuban internal waters. As a result, the area
from Cabo Cruz to the extreme western margins of the Golfo de Batabano
are consifiered by the ruhans as internal or historic waters. 1
1.... the special case of the islands de los Canarios, on the south coast
of Cuba, which extend from the Jardines Bank to Cape Frances and
comprise an area of over one hundred miles. Within this zone are
included some islands, but mainly banks upon which the depth of water
is not sufficient to allow of navigation. In this case there can be
little doubt that the islands are to be treated as forming an archip.plago
and that the territorial waters of Cuba 'run along the exterior edge of
the banks'. "Colombos, C. John. The International Law of the Sea, 6th
edition. New York: David McKay, 1967. p. 121.0
CONFIDENTIAL
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- 3 -
could be made into the contiguous zone to within 3 n.m. of the coast
of the main island of Cuba.
Point 1 stems from the Cuban Navy report which stated: "...at
Cabo Cruz, starting from most salient point of the top of the rocks."
Contradicting this statement was a remark that Point 1 was the Cabo Cruz
lighthouse. However, the discrepancy is minor and for practical purposes
the offshore rocks very near the cape will be identified as Point 1.
The distance between Points 1 and 2 is 52.50 nautical miles.
Point 2 is the Cabeza del Este lighthouse. The Cuban Navy report stated
that the straight baseline 1-2 is "... the limit of the waters that we
consider as internal and historical which make up the Golfo de Guacanayabo."
The length of the closing line for the Golfo de Guacanayabo initially
appears to be extreme. However, the Golfo de Guacanayabo is comprised
of many rocks and shoals and the territorial seas of these features would
only result in a small areal decrease from the area claimed as a result of
the straight baseline. That is, the enveloping arcs of the low-water
elevations of the Gulf would form an arc 6 to 13 nautical miles to the
northeast of the existing baseline.
The area between Points 2 and 3 is effectively closed by the territorial
seas of the rocks and keys of the Jardines de la Reina. The Cubans, in
effect, view the enveloping arcs of these islands as forming a straight
baseline.
Taken singularly, the Jardines de la Reina cannot be considered to
form straight baselines; but in so considering them, little change results
In the Cuban territorial sea claim as the region between the Jardines and
the mainland contains a large number of low-water elevations that
effectively delimit the area as Cuban territorial waters.
The Cuban Navy report stated that Point 3 is "... at Cayo Breton,
starting from the most outstanding rocks to the southwest thereof." The
rock in question is 2.50 nautical miles to the southwest of Cayo Breton.
The baseline segmer4 3-4 terminates at Cayo Trabuco and has a length
of 95.00 nautical miles.' The Cuban Navy report stated "... starting from
1. Examples of other extensive closing lines are :
Mauritania (Cap Blanc - Cap Timiris) - 89 n.m.
Burma (Gulf of Martaban) - 222.3 n.m.
Madagascar (Pointe Maromanjo - Cap Saint-Andre) - 123.1 n.m.
(Pointe de Vohemar - Nosy Akas) 117.7 n.m.
Venezuela (Delta of the Orinoco River). 98.9 n.m.
For elaboration on these straight baselines see: Dept. of State,
Office of the Geographer, International Boundary Study: Series A.,
Limits in the Seas, Nos. 8, 14, 15, 21, respectively.
CONFIDENTIAL
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