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Between United States of America and Republic of Cuba




MOTIVATED by an interest in the normalization of bilateral relations consistent with the Purposes and Principles enshrined in the Charter of the United Nations, including those related to the sovereign equality of States, settlement of international disputes by peaceful means, respect for the territorial integrity and political independence of States, respect for equal rights and self-determination of peoples, non-interference in the internal affairs of States, and promotion and encouragement of respect for human rights and fundamental freedoms for all;

ENCOURAGED by the re-establishment of diplomatic relations on July 20, 2015 based on mutual respect and the political will to strengthen bilateral relations and establish new understandings in various areas of common interest;

AWARE of the necessity to facilitate regular migration to the benefit of both countries, and to discourage irregular migration;

COMMITTED to preventing irregular migration, impeding departures from the Republic of Cuba that risk loss of human life, combating acts of violence associated with irregular migration, such as trafficking in persons and alien smuggling; and beginning the regular return of Cuban nationals, as set forth in this Joint Statement.

The United States of America and the Republic of Cuba have agreed to take a major step toward the normalization of their migration relations, in order to ensure a regular, safe and orderly migration. The Joint Communiqués dated December 14, 1984 and September 9, 1994 and the Joint Statement of May 2, 1995 remain in effect except as modified by this Joint Statement (collectively known as 'Migration Accords'). This Joint Statement is not intended to modify the Migration Accords with respect to the return of Cuban nationals intercepted at sea by the United States or the return of migrants found to have entered the Guantanamo Naval Base illegally.

In this framework, the United States of America shall henceforth end the special parole policy for Cuban nationals who reach the territory of the United States (commonly referred to as the wet foot-dry foot policy), as well as the parole program for Cuban health care professionals in third countries. The United States shall henceforth apply to all Cuban nationals, consistent with its laws and international norms, the same migration procedures and standards that are applicable to nationals of other countries, as established in this Joint Statement.

1. From the date of this Joint Statement, the United States of America, consistent with its laws and international norms, shall return to the Republic of Cuba, and the Republic of Cuba, consistent with its laws and international norms, shall receive back all Cuban nationals who after the signing of this Joint Statement are found by the competent authorities of the United States to have tried to irregularly enter or remain in that country in violation of United States law.

The United States of America and the Republic of Cuba state their intention to promote changes in their respective migration laws to enable fully normalized migration relations to occur between the two countries.

2. The United States of America and the Republic of Cuba shall apply their migration and asylum laws to nationals of the other Party avoiding selective (in other words, discriminatory) criteria and consistent with their international obligations.

3. The United States of America shall continue ensuring legal migration from the Republic of Cuba with a minimum of 20,000 persons annually.

4. The United States of America and the Republic of Cuba, determined to strongly discourage unlawful actions related to irregular migration, shall promote effective bilateral cooperation to prevent and prosecute alien smuggling and other crimes related to migration movements that threaten their national security, including the hijacking of aircraft and vessels.

5. The Republic of Cuba shall accept that individuals included in the list of 2,746 to be returned in accordance with the Joint Communiqué of December 14, 1984, may be replaced by others and returned to Cuba, provided that they are Cuban nationals who departed for the United States of America via the Port of Mariel in 1980 and were found by the competent authorities of the United States to have tried to irregularly enter or remain in that country in violation of United States law. The Parties shall agree on the specific list of these individuals and the procedure for their return.

6. The Republic of Cuba shall consider and decide on a case-by-case basis the return of other Cuban nationals presently in the United States of America who before the signing of this Joint Statement had been found by the competent authorities of the United States to have tried to irregularly enter or remain in that country in violation of United States law. The competent authorities of the United States shall focus on individuals whom the competent authorities have determined to be priorities for return.

As from the date of signing of this Joint Statement, the Parties shall carry out the necessary procedures for its implementation. The Parties may meet and revise such procedures from time to time to ensure effective implementation.

The competent authorities of the United States of America and the Republic of Cuba shall meet on a regular basis to ensure that cooperation under these Migration Accords is carried out in conformity with their respective laws and international obligations.

Signed on the 12th day of January, 2017, in Havana, Cuba, in the English and Spanish languages, both texts being equally authentic.

 

Key words for self-check:

(joint) communique

(joint) statement

(final) declaration on

Memorandum of understanding

Final act (instrument)

The most binding instrument

To come to life

To be at peace with each other

The burning issues of the day

The contradicting tendencies in international development

A general appraisal of the international situation

A weighty and binding document

In terms of their subject matter

To avoid embarrassment or inaccuracy

To affirm ones intention to cooperate

To agree on the major points

To ensure control over the effective observance of

To identify mutual priorities

To lodge a complaint

Customs declaration

A declaration of policy

A declaration of poll

A declaration for (against) something

The Universal Declaration of Human Rights

A foreign-policy statement

An unfounded statement

To come out with a public statement

To make a statement for the press

International Olympic Committee Declaration on Doping in Sport

To reaffirm ones commitment to

Having considered and evaluated the progress

Within the broader context of the world

To pay due regard to

To implement the provisions of

UNIT SIX

DIPLOMATIC CORRESPONDENCE

1. United Nations

1.1. Formal Letters

1.2. Informal Letters

1.3. Notes Verbales

1.4. Interoffice Memoranda

2. Diplomatic Communications between States

3. Other Diplomatic Acts

Communications

3.1. Agrement

3.2. Consular Commission and

Exequatur

3.3. Letters of Credence and

Letters of Recall

3.4. Full Powers

 

 

UNITED NATIONS COMMUNICATIONS

FORMAL LETTERS

 

In the United Nations official communications may take the form of formal or informal letters, notes verbales, or memoranda. The following descriptions will suggest the appropriate form to use in different circumstances.

Formal letters are those employing diplomatic style and phraseology. Normally such letters are addressed only to heads of State or Government, ministers for foreign affairs and permanent representatives.

Subjects which require formal letters include, among others, official statements of policy by the Secretary-General, actions taken or contemplated by the Secretary-General in connection with decisions or recommendations of organs of the United Nations, acknowledgements of the credentials or appointments of permanent representatives, and similar information to Governments and permanent missions on matters involving the duties and responsibilities of the Secretary-General under the Charter.

The proper salutation for a formal letter is "Sir" or "Madam" followed by a comma. In addressing a person with ambassadorial rank, the form "Excellency" may be used. The salutation should begin with the same margin as the text and should be typed six or more lines below the reference number, depending on the length of the letter. The text should begin with the expression "I have the honour to...", except in the case of formal letters from undersecretaries or officials of equivalent rank to permanent representatives. These begin with "I am directed by the Secretary-General lo..." or "On behalf of the Secretary-General, I have the honour lo...". The expression "I have the honour to..." is usually required only in the opening sentence. Succeeding paragraphs should normally begin without this introductory phrase. Where it is necessary to refer to a resolution or act of one of the organs of the United Nations or to a previous communication from the Secretary-General, the appropriate form is "I have the honour to refer to..." or "I invite your attention to...". If a request is made of the addressee, the expression "I should be grateful" is appropriate. The complimentary close for formal letters is "Accept, Sir (Madam), (the assurance (s) of my highest consideration". It should be indented as a separate paragraph.

Formal letters to ministers for foreign affairs or permanent representatives should, as a rule, include the name of the addressee in the address. The address should also contain personal titles such as "His Excellency", "Her Excellency" and "Ambassador", writtenin full. The full address should be given on the envelope, but details such as street address and room number may be omitted on the letter itself.

The date should be in the form "2 August 2005". The names of the months should not be abbreviated, and cardinal numbers should be used. The date should appear in the upper right-hand part of the page on the same horizontal line as the reference number, ending at least fifteen spaces from the right-hand edge. The left-hand margin should be twenty spaces from the edge of the page and the right-hand margin about fifteen.

To contribute effectively to the conduct of the business of the United Nations, its official correspondence must be clear and accurate in content, direct and dignified in style, correct in form and attractive in appearance. (From "United Nations Correspondence Manual")

EXHIBIT47

LETTER

Secretary-General to

Minister for Foreign

Affairs (formal)

United Nations New York

Reference: 26 March 20_

Sir,

 

I have the honour to refer to General Assembly resolution

38/120 of 16 December 20___, a copy of which is enclosed for ease of reference, and, in accordance with paragraph 3 thereof, I wish to extend to Your Government an invitation to participate, at the ministerial level, in the Second International Conference on Assistance to Refugees in Africa, which will be held at the Palais des Nations, Geneva, from 9 to 11 July 20__ under the auspices of the United Nations.

The African refugee situation deserves the full understanding and support of the international community. I therefore express (he hope that your Government will participate in the Conference and 1 look forward to receiving your positive response at an early date.

Accept, Sir, the assurances of my highest consideration.

..

His Excellency Secretary-General

Mr....

Minister for Foreign Affairs

(city)

EXHIBIT48

LETTER

Secretary-General to

Permanent Representative

(formal)

United Nations New York

Reference: 14 January 20__

Sir,

 

I have the honour to refer to General Assembly resolution 37/10

of 15 November 20___, by which the Assembly adopted the

Manila Declaration on the Peaceful Settlement of International Disputes. Under paragraph 3 of that resolution, I am requested to inform States Members of the United Nations or members of the specialized agencies of the adoption of the Declaration.

I am pleased to comply hereby with that request and to send you herewith the text of resolution 37/10 and of the Declaration annexed thereto which is now available in all the languages of the General Assembly.

Accept, Sir, the assurances of my highest consideration.

 

Secretary General

His Excellency

Mr....

Ambassador Extraordinary and

Plenipotentiary

Permanent Representative of...

to the United Nations

New York, N. Y.

 

EXHIBIT 49

LETTER

Assistant Director-General

(UNESCO) to Minister for

Foreign Affairs

(formal)

 

United Nations Educational, Scientific and Cultural Organization

Paris The Assistant Director-General

Ref.:for External Relations

(No date, stamped once a letter is signed)

 

 

Sir,

On behalf of the Director-General, I have the honour to inform
you that, at the invitation of the Government of the United States
of America, the sixteenth ordinary session of the World Heritage
Committee, set up under the Convention concerning the Protection of the World Cultural and Natural Heritage, will take place
in Santa Fe, New Mexico, from 7 to 14 December 20__

Rule 8.1 of the Rules of Procedure of the Committee provides I hat "States Parties to the Convention which are not members of l he Committee may attend the sessions of the Committee as observers". I would therefore be grateful if you would inform me of I he name and title of the person or persons designated to represent your Government at the forthcoming session of the Committee.

Please find enclosed the Provisional Agenda for the sixteenth session and a copy of the Rules of Procedure of the Committee. The working languages of the Committee are English and French, and simultaneous interpretation will be made available in due course. As is customary, the travelling and subsistence expenses of participants in this meeting will be met by the government they represent.

Accept, Sir, the assurances of my highest consideration.

.

(signed)

 

His Excellency,

Mr....,

Minister for Foreign Affairs

Ministry of Foreign Affairs

(city)

(name of country)

 

 

EXHIB1T50

LETTER

Secretariat official to

Permanent Representative

(formal)

 

United Nations New York

 

Reference: 27 February 20

 

Madam,

 

I have the honour to inform you that the United Nations Industrial Development Organization and the African Trainingand Research Centre in the Administration for Development arejointly organizing a Seminar on the Organization and Administration of Industrial Services in Africa, to be held in Tangier,Morocco, from 14 to 30 August 20__.

The Resident Representative of the United Nations Development Programme in your country has been requested to inquire if your Government will be interested in participating in the Seminar and, if so, to request nominations of possible participants. In this connection, I am pleased to enclose two copies of each of the following documents:

(a)Letter to the Resident Representative;

(b)Aide-memoire;

(c)Provisional agenda;

(d)Provisional annotated agenda;

(f)Nomination form.

 

I would appreciate any assistance you can render on this project designed to facilitate and expedite action on it by your Government.

Accept, Madam, the assurances of my highest consideration.

 

Director

Technological Division

United Nations Industrial

Development Organization

 

Her Excellency

Mrs....

Ambassador Extraordinary and Plenipotentiary

Permanent Representative of...

to the United Nations

New York, N. Y.

 

 

EXHIBIT 51

LETTER

Permanent Representative

to Secretary-General

(of the Conference)

 

CONFERENCE ON DISARMAMENT

 

Letter dated 28 April 20__from the Permanent Representative ofthe Russian Federation and the Acting Head of Delegation ofChina to the Conference on Disarmament addressed to theSecretary-General of the Conference Transmitting a Joint PressCommuniqué on issues related to the ABM Treaty

 

On 14 April 20__, the Deputy Minister for Foreign Affairs of the Russian Federation, (name), and the Assistant Minister for foreign Affairs of the Peoples Republic of China, (name), held consultations on issues of strategic stability in Moscow. After the consultations, the two sides issued a joint press communiqué on issues related to the ABM Treaty.

 

We would be grateful if you would issue and circulate the joint communiqué as an official document of the Conference on Disarmament.

 

(signed) (signed)

 

 

Ambassador, Acting Head

Permanent Representative, of Delegation of China

Head of Delegation of to the Conference on

the Russian Federation Disarmament
to the Conference on Disarmament

 

ASSIGNMENTS

I. Read the text and answer the checkupquestions.

 

1. What are the main types of United Nations official communications?

2. What subjects require formal letters? 3. Who are they usually addressed to? 4. What is the basic outline of a formal letter? 5. What is the proper salutation (complimentary close) for a formal letter? 6. Which part of a letter conveys the message? 7. What is the correct form of the date in UN correspondence?

 

II. Complete the following sentences using the required information from the above text.

 

1. Within the United Nations official communications may take the form of....

2. Formal letters are generally addressed to.... 3. Subjects which require formal letters include.... 4. The proper salutation for a formal letter is.... 5. The text of a formal letter should begin with.... 6. Where itis necessary to refer to a resolution, the appropriate form is.... 7. If a request is made of the addressee,.....

 

III. Define the following terms in English consulting the Glossary
Diplomatic Terms if necessary.

 

aide-memoire, memorandum, noteverbale, pro-memoria.

 

IV. Study the texts in exhibits 47 to 51, point out a) words and phrases, pertaining to the formal style; b) the basic parts of a formal letter.

 

V. Memorize the phrases below, identify the parts of a formal letter they belong to.

 

1) on behalf of the Secretary-General, I have the honour to inform you that; 2) I wish to extend to your Government an invitation to participate in; 3) Accept, Sir, the assurances of my highest consideration; 4) I therefore express the hope that; 5) I have the honour to refer to; 6) under paragraph 3 of that resolution, I am requested to inform States Members of the United Nations of; 7) I look forward to receiving your positive response at an early date.

 

VI. Suggest the English for:

 

1) :
, , ,

, , ;2) ; 3) () ; 4) ; 5) ;

6) ; 7) ; 8) ; 9) ; 10) .

 

VII. Find out the meanings of hereby"', "herewith" and "thereto", as used in the passage below (see exhibit 48).

 

I am pleased to comply hereby with that request and to send you herewith the text of resolution 37/10 and of the Declaration annexed thereto which is now available in all the languages of the General Assembly.

 

VIII. Translate into English replacing the words and phrases in bold type by their archaic equivalents.

 

1. . 2. .

3. , - .4. . 5. . 6. . 7. , .

 

IX. Study the plural forms of the compound terms below. Mind that it is the significant word in a compound that should be made plural.

1) the significant word occurs as the first element of a compound, as in:
ambassador-at-large - ambassadors-at-large

commander-in-chief -commanders-in-chief

Secretary-General - (all previous) Secretaries-General

 

2) the significant word occurs as the second element of a compound, as in:
deputy chief of staff - deputy chiefs of staff

assistant secretary-general - assistant secretaries-general

under-secretary-general -under-secretaries-general

 

3) the significant word occurs as the last element of a compound, as in:
assistant commissioner - assistant commissioners

lieutenant-colonel - lieutenant-colonels

vice-president - vice-presidents

 

X. Account for the use of verb-forms in the sentences below.

 

1. I request that this letter be circulated among Member States as an official document of the General Assembly, under agenda items 38 and 39 of the preliminary list and of the Security Council. 2. We consider it indispensable that Your Excellency should be fully informed of how the negotiations are going. 3. We would request that the above communication be circulated to the Member States of the United Nations. 4. I should be grateful if you would arrange for this letter and its annex to be circulated as a Security Council document.

 

XI. Read and translate the letter below taking note of the words and phrases in bold type. Comment on its lexical and syntactic peculiarities,

 

PERMANENT MISSION OF PERMANENT MISSION

THE REPUBLIC OF... TO OF... TO THE UNITED

THE UNITED NATIONS. NATIONS

 

Reference: New York, 24 February 19_

 

Excellency,

We have the honour to inform Your Excellency that as from 24 February 19. diplomatic relations between the Government of the Republic of... and the Government of... have been established and both Governments agreed to exchange diplomatic representatives at the ambassadorial level.

We, therefore, kindly request Your Excellency to transmit this communication for the information of the Member States.





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