247. Memorandum From the Assistant Secretary of State for Inter-American Affairs (Woodward) to the Under Secretary of State (Bowles)0

SUBJECT

  • Congressional Resolution Calling for Recognition of a Cuban Government-in-Exile

Discussion:

From a legal position, there is no precedent or authority to grant recognition to an exile group which does not have or has not had control [Page 626] over territory of the State which it purports to represent. Governments-in-exile recognized during World War II by the United States were refugee governments. The granting of recognition to an exile group having no control, past or present, over any of the territory of the State concerned could have serious consequences as to the legality and practicability of the grant. In the question here considered, for example, subsequent to recognition, the United States would have to look to the new government for the fulfillment of Cuban treaty and other obligations including, of course, Cuban obligations with respect to the Guantanamo Base. Correspondingly, the Castro regime would be relieved of fulfillment of Cuban treaty obligations and could, for example, proceed to harass the Base without accountability as the Government of Cuba. It would also no longer be possible for the Swiss Government to represent United States interests in Cuba, which, of course, includes the protection of United States citizens to the degree possible under Cuban and International Law.

From a political standpoint, it is conceivable that a Cuban Government-in-Exile at some stage might play a positive and helpful role in combatting Castro-Communism and in aiding in Castroʼs downfall. However, to undertake such a development at this time would run counter to our present policy of seeking multilateral action on Cuba within the OAS framework. It would constitute in Latin American eyes an act of unilateral intervention into Cuban affairs. Secondly, there is no indication that the Cuban exile opposition has reconciled its differences or “shaken down” sufficiently to agree upon or pull together in support of a Government-in-Exile. Thirdly, there is no indication that internal opposition groups would support such a move; rather, there is indication that internal opposition is skeptical of all exile opposition efforts.

Conclusion:

It is ARAʼs conclusion that Representative Anfusoʼs1 resolution (copy attached)2 is not appropriate at this time. However, we should stress the Departmentʼs agreement with the “Whereas” clauses which he cites in justification of his resolution. If possible, it should be emphasized to Representative Anfuso that:

1.
The act would be lacking in legal justification or legitimacy and would relieve the Castro regime from the responsibility for fulfilling its treaty obligations with the United States;
2.
It would no longer be possible for the Swiss to represent United States interests in Cuba, including protection of United States citizens;
3.
The United States at this time would very probably be almost alone in recognizing such a government, which would tend to emphasize the lack of support for the United States position from its Latin neighbors and might lend itself to exploitation by Communist propagandists; and that
4.
It would not be helpful to the multilateral efforts which are now in progress.

  1. Source: Department of State, Central Files, 737.00/7-1861. Confidential. Drafted in ARA/CMA by Robert A. Stevenson and Edwin E. Vallon, and in L/ARA by Marjorie M. Whiteman. Robert F. Woodward was appointed Assistant Secretary for Inter-American Affairs on July 14 and entered on duty on July 17.
  2. Representative Victor L. Anfuso (D.-New York).
  3. This proposed resolution was not found attached and has not been found in Department of State files.