142. Memorandum From Serban
Vallimarescu of the National Security Council Staff to
the President’s Deputy Assistant for National Security Affairs
(Scowcroft)1
2
Washington, February 13, 1973
SUBJECT:
- Hijacking Agreement with Cuba
The U.S. and Cuba have reached agreement on the text of an agreement on
hijacking. Attached for your information is a copy of the agreed text.
(Tab A)
The most recent hijacking incidents involved hijackers of a clearly
criminal nature, and the Cuban Government thereafter issued a statement
indicating its willingness to enter negotiations with the U.S. on the
air piracy problem. In response we indicated our willingness to hold
talks through the Swiss Embassy in Havana but stressed that this
represents no change in our overall policy toward Cuba. The first
meeting between Cuban and Swiss officials was held in Havana November
25. The Cubans presented a draft agreement at that meeting. Subsequent
meetings negotiated the text which has now been approved.
Previous attempts at negotiating an agreement with the Cubans on this
problem foundered over Cuban insistence that any such agreement also
cover the return of illegal exiles, including those already in the U.
S., and the prohibition of any acts of piracy against Cuban territory by
émigré groups. The approved proposal does deal with the Cuban concerns
but rules out retroactive action, thereby protecting Cuban émigrés
already in the U.S. It also provides for exemption from the provisions
of the agreement for cases of political asylum. It covers the hijacking
of both aircraft and vessels. In brief, the parties agree to:
- --give serious consideration to extraditing hijackers instead
of prosecuting them in the country in which they land;
- --provide for the continued protection and ongoing travel of
passengers, aircraft and the like which have been
diverted;
- --provide for the return of funds or property obtained
illegally;
- --try, in accordance with national laws, any person or group
who conducts acts of piracy against the territory of the other
country;
- --hold open the possibility of granting political asylum in
some cases where no financial extortion or physical injuries are
involved.
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The agreement is to be in force for five years and may be extended for an
additional five years if both parties so agree. It may be terminated
with six months written notice by either party.
The agreement will probably enter into force by means of an exchange of
notes which would be handled through the Swiss and Czech Embassies in
Havana and Washington respectively. Cuba is conducting talks on the
hijacking problem also with Canada and Mexico.
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Tab A
MEMORANDUM OF UNDERSTANDING ON HIJACKING OF
AIRCRAFT AND VESSELS AND OTHER OFFENSES
The Government of the United States of America and the Government of
the Republic of Cuba, on the bases of equality and strict
reciprocity, agree:
-
FIRST: Any person who hereafter seizes, removes,
appropriates or diverts from its normal route or
activities an aircraft or vessel registered under the
laws of one of the parties and brings it to the
territory of the other party shall be considered to have
committed an offense and therefore shall either be
returned to the party of registry of the aircraft or
vessel to be tried by the courts of that party in
conformity with its laws or be brought before the courts
of the party whose territory he reached for trial in
conformity with its laws far the offense punishable by
the most severe penalty according to the circumstances
and the seriousness of the acts to which this Article
refers. In addition, the party whose territory is
reached by the aircraft or vessel shall take all
necessary steps to facilitate without delay the
continuation of the journey of the passengers and crew
innocent of the hijacking of the aircraft or vessel in
question, with their belongings, as well as the journey
of the aircraft or vessel itself with all goods carried
with it, including any funds obtained by extortion or
other illegal means, or the return of the foregoing to
the territory of the first party; likewise, it shall
take all steps to protect
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the physical integrity of the
aircraft or vessel and all goods, carried with it,
including any funds obtained by extortion or other
illegal means, and the physical integrity of the
passengers and crew innocent of the hijacking, and their
belongings, while they are in its territory as a
consequence of or in connection with the acts to which
this Article refers.
In the event that the offenses referred to above are not
punishable under the laws existing in the country to
which the persons committing them arrived, the party in
question shall be obligated, except in the case of minor
offenses, to return the persons who have committed such
acts, in accordance with the applicable legal
procedures, to the territory of the other party to be
tried by its courts in conformity with its laws.
- SECOND: Each party shall try with a view to severe
punishment in accordance with its laws any person who,
within its territory, hereafter conspires to promote, or
promotes, or prepares, or directs, or forms part of an
expedition which from its territory or any other place
carries out acts of violence or depredation against aircraft
or vessels of any kind or registration coming from or going
to the territory of the other party or who, within its
territory, hereafter conspires to promote, or promotes, or
prepares, or directs, or forms part of an expedition which
from its territory or any other place carries out such acts
or other similar unlawful acts in the territory of the other
party.
- THIRD: Each party shall apply strictly its own laws to any
national of the other party who, coming from the territory
of the other party, enters its territory, violating its laws
as well as national and international requirements
pertaining to immigration, health, customs and the
like.
- FOURTH: The party in whose territory the perpetrators of
the acts described in Article I arrive may take into
consideration any extenuating or mitigating circumstances in
those cases in which the persons responsible for the acts
were being sought for strictly political reasons and were in
real and imminent danger of death without a viable
alternative for leaving the country, provided there was no
financial extortion or physical injury to the members of the
crew, passengers, or ether persons in connection with the
hijacking.
FINAL PROVISIONS:
This Agreement may be amended or expanded by decision of the
parties.
This Agreement shall be in force for five years and may be renewed
for an equal term by express decision of the parties.
Either party may inform the other of its decision to terminate this
Agreement at any time while it is in force by written denunciation
submitted six months in advance.
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This Agreement shall enter into force on the date agreed by the
parties.
Done in English and Spanish texts which are equally authentic.
