Cuban–American Treaty of Relations (1903)

1903 treaty between Cuba and the United States

The 1903 Cuban–American Treaty of Relations (lang es) was a treaty between the Republic of Cuba and the United States signed on May 22, 1903. The treaty contemplated leases of Guantánamo Bay; one such lease had been executed earlier in the year in February 1903, and a second lease was executed later in the year in July 1903.

U. S. law directed the president to cede control of Cuba to its government only when that government had endorsed the seven provisions established in U. S. law by the Platt Amendment of March 1901. The 1903 Treaty of Relations noted that Cuba's Constitutional Convention had, on June 12, 1901, added the Platt Amendment provisions to its constitution on February 21, 1901. Those provisions, among other things, restricted the independence of the Cuban government and gave the U. S. the right to oversee and at times interfere in Cuban affairs. The Cuban government had taken power and the U. S. withdrawn its forces as of May 20, 1902. The final provision of the Platt Amendment required that its other provisions be adopted by treaty as well. The Treaty of Relations, signed in May 1903, accomplished that. The 1903 Treaty of Relations was used as justification for the Second Occupation of Cuba from 1906 to 1909. On September 29, 1906, Secretary of War (and future U. S. president) William Howard Taft initiated the Second Occupation of Cuba when he established the Provisional Government of Cuba under the terms of the treaty (Article three), declaring himself Provisional Governor of Cuba. On October 23, 1906, President Roosevelt issued , ratifying the order. With inflation, $2,000 of 1903 dollars would have been worth about $4,085 in 1934 and would have further increased to over $52,000 by 2013; however the payment remains at $4,085. Since the Cuban Revolution, the Cuban government has cashed one of these checks, and only because of "confusion" in the early days of the revolution. The other checks, made out to "Treasurer General of the Republic", a position that has not existed since 1959, were once shown stuffed in a desk drawer in Castro's office during a television interview with him.

The treaty fell short of the original desires of both the United States government and its military cabinet in Cuba. The desire was to lease four areas rather than the two: Guantánamo Bay and Bahia Honda. The other two were Cienfuegos, and Nipe Bay.

The government of Cuba argues that the base is a constant affront to its sovereignty, taken under duress and maintained under the threat of atomic force. It has complained that weapons are smuggled into Cuba through the base and that the base shelters criminals fleeing from Cuban justice. The lease contains a mutual extradition right to both parties for fleeing criminals. Cuban American Professor Alfred Maurice de Zayas argues that the lease may have been invalidated by material or fundamental breaches of its terms. The February 1903 lease, in Article II, states that the United States is allowed "generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose." He questions whether the prison facility meets those criteria.