300. Instruction From the Secretary of State to the Embassy in Cuba[1]

A-73. Washington, October 3, 1957,

Following the decision of the United States to defer action on selling 8 medium tanks to Cuba, the Government of Cuba has expressed concern over the Department's attitude and future actions with regard to the supplying of military equipment to Cuba. (Embtels 172 of September 23[2] and 182 of September 25, 1957.[3])

Military assistance to Cuba, as to other Latin American countries, is based on the Mutual Security Act of 1954, as amended, and is furnished principally in two ways: (1) grant aid (2) sales.

Under the Act, grant military assistance may be furnished to Latin American countries which have signed bilateral Mutual Defense Assistance Agreements with the United States. These agreements outline in secret annexes missions important to the defense of the Western Hemisphere to be performed by those countries and specify certain military units necessary to carry out the missions. These units constitute the force bases on which our grant military aid is based and are approved by the country concerned, the Joint Chiefs of Staff and the Department of Defense. Subject to the amount of funds available, military needs, availability of equipment, and policy consideration, the United States assists in the maintenance of these units with training, equipment, spares, and/or support. Twelve Latin American countries have signed Mutual Defense Assistance Agreements with the United States and all have committed themselves in the agreements not to use the assistance furnished for purposes other than those for which it was furnished (i.e., those hemisphere defense missions specified in the annex), without the prior concurrence of the United States.

The Mutual Security Act of 1954, as amended, also provides that the United States may sell military supplies and equipment to friendly countries, including Latin America, under certain conditions specified in section 106 of the Act. With regard to Latin America, it is considered that all twenty Latin American countries are eligible to purchase under section 106 by virtue of being signatories to the

Inter-American Treaty of Reciprocal Assistance of 1947.[5] Military supplies and equipment purchased under section 106 may be used to maintain internal security, carry out tasks of legitimate self-defense, or participate in the defense of the Western Hemisphere. The only limitation on the use of this equipment is that it should not be used in any act of aggression against another state.

FYI. In addition to legislative limitations, NSC policy paper 5613/1 applies to the furnishing of military supplies and equipment to Latin American countries on a grant or sales basis. See paragraphs 32, 33, and 34 of NSC 5613/1.[6] End FYI.

There seems to be no doubt that Cuba has violated Article 1, paragraph 2, of the Mutual Defense Assistance Agreement with the United States by using, to put down internal disturbances, equipment furnished under grant aid to support units of the force bases designated to carry out her missions of hemisphere defense, without the prior agreement of this Government. The attention of the Cuban Government has been called to this violation. However, no change is being made in the present grant aid program for Cuba.

There has been no change in the attitude of this Government toward selling military supplies and equipment to the Cuban Government in accordance with present legislation and policy. In considering future requests of the Cuban Government to purchase military equipment, this Government will, however, have to consider the same factors which led to its decision to defer action on the Cuban request for 8 medium tanks, before making a final determination on such requests.

Only five Cuban requests to purchase equipment are pending in the Department at this time. Four were referred to the Embassy for its recommendations in the Department's A-63 of September 24[7] and A-70 of September 27, 1957.[8] The fifth was received on September 27 and is the subject of an instruction drafted on September 30[9] which should have reached the Embassy before this instruction. The Department hopes to be able to take action on these five requests upon receipt of the Embassy's replies.

Six requests have been approved by the Department since the first of the year (Cases No. 659 inclusive and 72). These requests include machine guns, armored cars, pistols, and communication equipment. (A request for 100 colt .45 pistols has been approved subsequent to the decision to defer consideration on the request for eight tanks.)

Dulles

NOTES:

[1] Source: Department of State, Central Files, 737.00/9-2557. Secret. Drafted by Litsey and approved by Turkel.

[2] Supra.

[3] Not printed. (Ibid., 737.00/9-2557)

[4] P.L. 85-141, enacted August 14, 1957; for text, see 71 Stat. 355.

[5] The Inter-American Treaty of Reciprocal Assistance was signed at Rio de Janeiro, Brazil, on September 2, 1947, by the representatives of the United States and 18 Latin American countries. It was ratified by the President of the United States on December 12, 1947, and entered into force on December 3, 1948. For text, see 62 Stat. 1681.

[6] Document 16.

[7] Not printed. (Department of State, Central Files, 737.561/9-2457)

[8] Not printed. (Ibid., 737.561/9-2757)

[9] Not printed. (hid., 900.741/9-3057)