745 



April 10, 1928. In this connection the Government of the United States 

 wishes to reaffirm to the Government of the Republic of Colombia its 

 legal position respecting Article 1 of that Treaty. That legal position 

 is as follows : 



Quita Sueho, being permanently submerged at high tide, is at 

 the present time not subject to the exercise of sovereignty. The 

 Government of the United States notes that the 1928 Treaty and 

 Protocol between the Government of the Republic of Colombia 

 and the Government of the Republic of Nicaragua specifically 

 provide that the Treaty does not apply to Quita Sueho, Roncador 

 and Serrana, sovereignty over which was recognized as being in 

 dispute between the United States and Colombia. The Govern- 

 ment of the United States further notes that under the terms 

 of its exchange of notes with the Government of the Republic 

 of Colombia of April 10, 1928, it was recognized at that time that 

 sovereignty over Quita Sueho v^^as claimed by both the United 

 States and Colombia and it was agreed that the status quo in 

 respect of the matter should be maintained. 

 The Government of the United States understands the legal posi- 

 tion of the Government of the Republic of Colombia to be as follows : 

 The physical status of Quita Sueno is not incompatibly with 

 the exercise of sovereignty. In the view of the Government of the 

 Republic of Colombia, the stipulations of the Treaty between Co- 

 lombia and Nicaragua of March 24, 1928 and the protocol of ex- 

 change of ratifications of May 10, 1930 recognized Colombia's 

 sovereignty over the islands, islets and cays that make up the 

 archipelago of San Andres and Providencia east of the 82 meri- 

 dian of Greenwich, with the exception of the cays of Roncador, 

 Quita Sueho and Serrana, the sovereignty of which was in dis- 

 pute between the United States and the Republic of Colombia. 



Therefore, with the renunciation of sovereignty by the United 

 States over Quita Sueho, Roncador and Serrana, the Republic 

 of Colombia is the only legitimate title holder on these banks or 

 cays, in accordance with the aforementioned instruments and 

 international law. 

 The Embassy of the United States of America avails itself of this 

 opportunity to renew to the Ministry of Foreign Affairs of the Repub- 

 lic of Colombia the assurances of its highest consideration. 



LJS. 

 Embassy or the United States op America, 

 Bogota, Septemher 8, 1972. 



[Translation] 



(DM 484) 



Republic or Colombia, 

 Ministry or Foreign Affairs. 

 The Ministry of Foreign Affairs presents its compliments to the 

 Embassy of the United States of America and has the honor to refer 

 io the Treaty signed today between the Governments of the United 

 States of America and the Republic of Colombia concerning the status 

 of Quita Sueno, Roncador and Serrana to replace the exchange of 

 notes signed between the tw^o governments on April 10, 1928. In this 

 connection the Government of Colombia wishes to reaffirm to the Gov- 



