[Enclosure]
Message of President Zayas to the Extraordinary
Session of Congress, July 21, 1921
To the Honorable Congress of the Republic:
In a former message which should be considered during the present
extraordinary legislature, we asked Congress for the designation of
a mixed commission to prepare a general amendment of the Customs
Tariffs, for study and resolution by Congress itself, in the next
ordinary legislature, and we wish to again call the attention of the
senators and congressmen to the extraordinary importance attached to
this measure at the present time.
At present there is in force the Treaty of Commercial Reciprocity
between the Republic of Cuba and the United States of North America,
signed in Havana on the eleventh of December, 1902. Article 8 of
this treaty establishes preferential character on importation of
Cuban products in the United States over similar products of other
countries, and in compensation, declares the same preference for
imported products from the United States in Cuba.
In the proposal of tariffs, which is being studied by a commission of
Congress in the United States, although it is true that it is
declared that the contents of the said law do not revoke or lessen
the symmetry of the Treaty of Reciprocity, or that of the law
adopted for its execution, it makes, precisely, an excuse of Article
8, the symmetry of which is annulled and rejected. It cannot be kept
from anyone that this annulment by one of the contracting parties of
a bilateral pact, even when impugnable in the sphere of right, would
be practically a factor applicable by the United States of America,
or at least, would be equivalent to a notification of a termination
of the contract, which would cease at the end of a period of one
year, and in either case, the United States could give preference to
products of other countries similar to ours, because the condition
of exclusiveness contained in Article 8 of the treaty would have
disappeared.
We hope, and are almost certain, that the good state of international
relations between the two countries, the great gain that American
commerce has made through application of the treaty, an advantage
proportionately much larger than that obtained by Cuba, and above
all the marked friendliness and good will of the people and
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the government of that
republic toward Cuba, will actuate adversely to the approval of this
revocation of Article 8 of the treaty, which might bring us serious
detriment, that could be remedied, perhaps, only by the foment of
intercourse with other countries, which would offer for our products
some protection, as once broken, the net of the treaty of
reciprocity, our exclusive preference for products of the North
American republic would cease.
However, the creation of such a situation would indeed be sad for us,
for although were it not to alter our affectionate feelings toward
that nation, it would surely diminish the importance of our intense
commerce with that country.
The foregoing implies the necessity of preparing ourselves for a
possible early termination of the state of affairs created by the
Treaty of Reciprocity, and it is obvious, that the customs tariffs
ought to meet the new situation.
Therefore, the request addressed to Congress in my former message
demands urgent action and perhaps measures that might permit the
immediate implantation of a new customs regime, or of modification
of the existing one, if circumstances demand it, before the arrival
of the constitutional opportunity of the coming ordinary
legislature.
We pray of the Honorable Congress to give close and careful attention
to this matter.
Alfredo Zayas
Presidential
Palace of
Havana,
July 21, 1921.