The U.S. Navy Public Affairs Office there has a website.

A couple of items were new and of interest (at least to me): 1) the
US had two leased territories in Cuba and (2), the U.S. considers that
while it occupies the bay, Cuban sovereignty has ceased and that it is
U.S. territory" subservient to U.S. legislation. That goes against
the contentions of the Department of Defense which holds Al Kaida
prisoners without access to U.S. justice because it isn't "US
territory". The government is trying to have it both ways.

Quotes below:

"The first lease agreement... was signed by President Estrada Palma on
16 February 1903, and by President Theodore Roosevelt on 23 February
1903. By this instrument Cuba leased to the United States certain
areas of land and water in Guantanamo and Bahia Honda for the purpose
of "coaling and naval stations". (Bahia Honda was abandoned after nine
years of occupation). Concerning Guantanamo, the agreement describes
the leased "areas of land and water" as follows:

"In Guantanamo (see Hydrographic Office Chart 1857), from a point on
the South Coast, 4.37 miles to the eastward of Windward Point Light
House, a line running north (true) a distance of 4.25 nautical miles;
from the northern extremity of this line, a line running west (true),
a distance of 5.87 nautical miles; from the western extremity of this
last line, a line running south-west (true), 3.31 nautical miles; from
the southwestern extremity of this last line, a line running south
(true) to the seacoast".

The land area above described comprises 19,621 acres, 11,058 on the
windward side, and 8,563 on the leeward. The water areas, consisting
principally of Guantanamo Bay from the mouth of the harbor
(theoretical line joining Leeward and Windward Points) to the northern
boundary line, comprise 9,196 acres. The total naval reservation
contains 28,817 acres or about 45 square miles of land and water. (The
foregoing figures are based on the original survey).

Furthermore, the agreement granted the United States the right to use
and occupy the waters adjacent to the above described areas of land
and water. "Adjacent waters" are interpreted to mean the water leading
up to the harbor entrance and the water along the seacoast out to the
three mile limit. The United States has the right to improve and
deepen the entrances to the leased areas of land and water, and to
improve and deepen the anchorages therein, and generally to do. any
and all things to fit the premises as a coaling and naval station, and
for no other purpose.

Over the leased areas of land and water, comprising the Naval
reservation, Cuba consented that during the period of occupation, the
United States would exercise "complete jurisdiction and control over
and within said areas", including the right to acquire for the public
purposes of the United States any land or property therein by purchase
or by right of eminent domain with full compensation to the owners
thereof. On the other hand, the United States recognized "the
continuance of the ultimate sovereignty of Cuba over and above the
leased areas". "Ultimate", meaning final or eventual, is a key word
here. It is interpreted that Cuban sovereignty is interrupted during
the period of our occupancy, since we exercise complete jurisdiction
and control, but in case occupation were terminated, the area would
revert to the ultimate sovereignty of Cuba.

Restrictions

The only restrictions placed by this document on the United States are:

(a) The area must be used only for a coaling and naval station
("station" here used in the broad sense of the word.)

(b) Vessels engaged in Cuban trade shall have free passage through the
waters included in the grant.

Pursuant to the agreement of February 1903, the Naval reservation was
surveyed and marked out by a joint United States-Cuban Board
(Commission). The first meeting of this body took place on board the
USS Olympia anchored in Guantanamo Bay on 27 May 1903, and the general
plans of the operations were agreed upon. On the next day the work of
survey and marking out of the Naval Station was begun, and was
continued without interruption on working days until its termination
on 8 July 1903.

In the years since this survey there has been occasional
misunderstanding of what constitutes the water areas of the Naval
Reservation. There was no misunderstanding in the minds of the joint
United States-Cuban body which made the above survey. Their thinking
was crystal-clear. The last part of their report, which must be
considered ancillary to the original lease agreement, is quoted in
evidence on this point:

"G-Area of the Naval Station
The area of water and land, obtained analytically, included within the
limits of the Naval Station, closing the perimeter across the entrance
to the harbor by a line joining Leeward and Windward Points, was found
to be 11661.9832 hectares, equal to 28817.360 acres.

"To determine the proportion of land and water in the area, it would
be necessary to survey the interior coast lines of the bay and the
Guantanamo River, a work which on account of its nature and extent,
would have required about three months to do.

Surveying the land

"Considering that in the year 1899, the officers of the gunboat Eagle
of the United States Navy were several months on the ground doing
precisely this work, together with soundings of the bay, and that the
accuracy of their work was well checked by the present survey, the
notes and original plans of work were asked for and received from
Washington. With these data, the interior coast lines of the
accompanying plan were plotted, using the same scale, 1 to 10,000, of
the original plans. By planimeter measurements the following result
was obtained.

"Area of Land
Seven thousand nine hundred forty and 2832/10,000 hectares equals
Nineteen thousand six hundred twenty and 848/1000 acres.

"Area of Water of Public Domain
Three thousand seven hundred twenty-one and 7000/10,000 hectares equal
Nine thousand one hundred ninety-six and 512/1000 acres.

"Total Area of the Naval Station
Eleven thousand six hundred and sixty-one and 9832/10,000 hectares
equals twenty-eight thousand eight hundred seventeen and 360/1000 acres".

The above report was signed for Cuba by José Primelles, Director
General of Public Works, President of Cuban Commission, and by
Augustine Gordillo, Engineer in Charge; and for the United States, by
Captain H. W. Lyon, Senior Member of the U. S. Board, and by LCDR
Warren McLean and LT H. K. Benham, all of the U.S. Navy. The place and
date of signature was on board the "U. S. Flagship Olympia" in
Guantanamo Bay, 8 July 1903.

Supplementary Agreement

In the meantime, a supplementary agreement concerning the Naval
reservation had been reached between the United States and Cuba. This
agreement which was signed at Havana on 2 July 1903, and approved by
President Theodore Roosevelt on 2 October 1903, is appended for
reference. The salient points of this agreement are as follows:

(a) The United States contracted to pay Cuba the annual sum of two
thousand dollars in gold.

(b) All private lands or other real property were to be acquired by
Cuba with funds to be provided by the United States, such funds to be
accepted as advance payment on the annual rental of $2000. (This
clause was obviously for the purpose of acquiring land and property
from property owners in order that Cuba could lease the area with no
private encumbrances).

(c) The areas were to be surveyed and the boundaries distinctly marked
by permanent fences or enclosures-the United States to bear the
expense of construction and maintenance of such fences or enclosures.

(d) The Unites States agreed that no person, partnership, or
corporation would be permitted to establish a commercial, industrial,
or other enterprise within the reservation.

(e) It was agreed that fugitives from justice charged with crimes and
misdemeanors amenable to Cuban law, taking refuge in the reservation,
should be delivered to Cuban authorities, on demand; and likewise that
fugitives from justice charged with crimes or misdemeanors amenable to
United States law, committed within the reservation, taking refuge in
Cuban territory, should be delivered on demand.

(f) It was agreed that materials of all kinds, merchandise, stores,
and munitions of war imported into the reservation, for exclusive use
and consumption therein, should not be subject to payment of customs
duties nor any other fees or charges, and the vessels which might
carry the same would not be subject to payment of port, tonnage,
anchorage, or other fees. This in effect, made Guantanamo Bay a
"duty-free port". It was further agreed, however, that such materials,
merchandise, stores, and munitions of war should not be transported
from the reservation into Cuban territory.

(g) The United States agreed, except in case of war, to place no
obstacle in the way of vessels entering or departing from Guantanamo
Bay en route to or from Cuban ports (e.g., Caimanera); such vessels
within the limits of Cuban territory to be subject exclusively to
Cuban laws and authorities.

Treaty of 1934

In all provisions regarding the Guantanamo area, the original
agreement (February 1903) and the supplementary agreement were later
confirmed by the Treaty of 1934 between the United States and Cuba,
signed at Washington on 29 May 1934. A copy is appended for reference.
This treaty has the effect of giving the United States a perpetual
lease on this reservation, capable of being voided only by our
abandoning the area or by mutual agreement between the two countries.
The so-called "Platt Amendment," which gave the United States the
right to intervene in Cuba, died with this treaty. Bahia Honda was not
mentioned, having long since been abandoned.

Thus it is clear that at Guantanamo Bay we have a Naval reservation
which, for all practical purposes, is American territory. Under the
foregoing agreements, the United States has for approximately fifty
years exercised the essential elements of sovereignty over this
territory, without actually owning it. Unless we abandon the area or
agree to a modification of the terms of our occupancy, we can continue
in the present status as long as we like. Persons on the reservation
are amenable only to United States legislative enactments. There are a
few restrictions on our freedom of action, but they present no serious
problem. We may not use the reservation for other than a naval
station; we have agreed not to interfere with the passage of vessels
engaged in Cuban trade; private enterprise is forbidden on the
reservation; and we are obligated to prevent the smuggling of
materials and merchandise into Cuban territory.

Images of GTMO in 1920sThe prosecution of Cuban Nationals and other
aliens who commit crimes and misdemeanors on the reservation presents
a subject that should be mentioned. Until the advent of the Uniform
Code of Military Justice on 31 May 1951, the United States has had no
peacetime legal machinery for trying such offenders. Accordingly, we
have habitually requested local Cuban courts to exercise concurrent
jurisdiction and handle such cases. Because essential witnesses,
usually U. S. military personnel, are oftentimes transferred before
offenders are brought to trial, this procedure has its shortcomings.
However, it will likely be continued. In a reciprocal manner, U. S.
military personnel, charged with offenses in Cuba, are habitually
turned over to U. S. jurisdiction for legal action.

Closed Port

While this chapter is designed to cover the terms of our lease, and
what they mean in a legal sense, no outline of the reservation's legal
status would be complete and up-to-date without mention of the
executive order which made Guantanamo Bay a "closed port". This order,
signed by the President on 1 May 1941 and currently found in General
Order No. 13, establishes Guantanamo Bay as a "Naval Defensive Sea
Area" and a "Naval Air Space Reservation". By its terms no vessel or
other craft, other than public vessels of the United States and
vessels engaged in Cuban trade, may be navigated into the area, unless
similarly authorized, no aircraft, except other than public aircraft
of the United States, may be flown into the reservation. In other
words, Guantanamo Bay is closed to commercial shipping and aircraft,
except vessels engaged in Cuban trade, and also to foreign warships
and aircraft. Vessels and aircraft in distress can be the only
exceptions to this regulation."