Volume II-A Annexes

INTERNATIONAL COURT OF JUSTICE
TERRITORIAL AND MARITIME DISPUTE
(NICARAGUA v. COLOMBIA)
COUNTER-MEMORIAL OF THE
REPUBLIC OF COLOMBIA
VOLUME II - A
ANNEXES
11 NOVEMBER 2008

TABLE OF CONTENTS
TREATIES AND AGREEMENTS
Annex 1 Treaty concerning Territorial Questions at issue between . . . . . . . . . . . 3
Colombia and Nicaragua, Managua, 24 March 1928, with
Protocol of Exchange of Ratifications, Managua 5 May 1930
(Esguerra - Bárcenas).
Annex 2 Exchange of Notes between Colombia and the United States of . . . . . 5
America, concerning the status of Quitasueño, Roncador and
Serrana, 10 April 1928.
Annex 3 Treaty between Colombia and the United States of America . . . . . . . . 9
concerning the Status of Quitasueño, Roncador and Serrana
(with Exchanges of Notes), Bogotá, 8 September 1972.
Annex 4 Treaty on the Delimitation of Marine and Submarine Areas . . . . . . . 25
and Related Matters between the Republic of Colombia and the
Republic of Panama, 20 November 1976.
Annex 5 Treaty on the Delimitation of Marine and Submarine Areas . . . . . . . 31
and Maritime Cooperation between the Republic of Colombia
and the Republic of Costa Rica, 17 March 1977.
Annex 6 Treaty Concerning Delimitation of Marine Areas and Maritime . . . . 35
Cooperation between the Republic of Costa Rica and the Republic
of Panama, 2 February 1980.
Annex 7 Fishing Agreement between the Republic of Colombia and . . . . . . . . 39
Jamaica (with Annex), 30 July 1981.
Annex 8 Agreement between Colombia and the United States of America . . . 45
on certain fishing rights in implementation of the Treaty between
Colombia and the United States of America of 8 September 1972,
concerning the status of Quitasueño, Roncador and Serrana.
Bogotá, 24 October 1983 and 6 December 1983.
Annex 9 Fishing Agreement between the Republic of Colombia and . . . . . . . . 51
Jamaica, 30 August 1984.
III
Annex 10 Treaty concerning Maritime Delimitation between the Republic . . . . 63
of Colombia and the Republic of Honduras, 2 August 1986.
Annex 11 Joint Statement of the Government of the Republic of Colombia . . . 69
and the Government of the United States of America regarding
a temporary ban on conch fishing in the Treaty waters adjacent
to Quitasueño, 23 January 1987.
Annex 12 Agreed Minutes of the consultations on the 1972 Vazquez-Saccio, . . 73
5-6 October 1989.
Annex 13 Joint Statement of the Government of the Republic of Colombia . . . 79
and the Government of the United States of America regarding
fisheries conservation measures in the Treaty waters adjacent to
Quitasueño, 6 October 1989.
Annex 14 Treaty on Maritime Delimitation between the Republic of . . . . . . . . 85
Colombia and Jamaica, 12 November 1993.
Annex 15 Agreed Minutes of the III Meeting between the Government of . . . . 95
the Republic of Colombia and the Government of the United States
of America in compliance with the 1972 Vazquez-Saccio Treaty,
17-18 May 1994.
Annex 16 Joint Statement of the Government of the Republic of Colombia . . 101
and the Government of the United States of America regarding
fisheries conservation measures in the Treaty waters adjacent to
Quitasueño, 18 May 1994.
Annex 17 Exchange of Notes between the Republic of Colombia and . . . . . . . 103
the Republic of Costa Rica of 29 May 2000: Colombian Note
Nº. DM-M 14081, Costa Rican Note Nº 396-UAT-PE.
Annex 18 Protocol of Exchange of Ratifications of the Treaty on the . . . . . . . 107
Delimitation of Marine and Submarine Areas and Maritime
Cooperation between the Republic of Colombia and the Republic
of Costa Rica of 6 April 1984, additional to that signed in the
city of San José on 17 March 1977, 20 February 2001.
IV
COLONIAL DOCUMENTS
Annex 19 Letter addressed by the Islanders of San Andrés to the King . . . . . . 111
of Spain, 25 November 1802.
Annex 20 Report from the Junta of Fortifications and Defense, . . . . . . . . . . . . 115
2 September 1803.
Annex 21 Report from the Junta of Fortifications and Defense, . . . . . . . . . . . . 119
21 October 1803.
Annex 22 Royal Order of 30 November 1803. . . . . . . . . . . . . . . . . . . . . . . . . 121
Annex 23 Letter addressed to don Joaquín Francisco Fidalgo, from . . . . . . . . 123
Manuel Del Castillo y Armenta, Cartagena, 9 February 1805.
DIPLOMATIC CORRESPONDENCE
Annex 24 Diplomatic Note from the Colombian Foreign Minister, . . . . . . . . . 127
Pedro Gual, to the Commander - in - Chief of the British Naval
Forces in the Western Indies, Vice-Admiral Sir Lawrence Halstead,
19 June 1824.
Annex 25 Note N° 52 from the Governor of the Province of Cartagena to . . . 129
the United States Consul in that city, 22 November 1854.
Annex 26 Diplomatic Note from the Colombian Minister in Washington to . . 131
the Department of State, 8 December 1890.
Annex 27 Diplomatic Note from the Charge d’ Affaires of Colombia in . . . . . . 135
Washington to the Secretary of State, 18 January 1893.
Annex 28 Diplomatic Note from the representative of the Kingdom of . . . . . . 151
Sweden and Norway in Washington to the Secretary of State
of the United States, 27 October 1894.
Annex 29 Diplomatic Note from the United States Minister in Bogotá . . . . . . 153
to the Colombian Foreign Minister, 2 January 1895.
Annex 30 Diplomatic Note from the Colombian Foreign Minister to . . . . . . . 159
the United States Minister in Bogotá, 17 January 1895.
V
Annex 31 Diplomatic Note from the Nicaraguan Foreign Minister to . . . . . . . 161
the Colombian Foreign Minister, 14 March 1896.
Annex 32 Diplomatic Note from the Nicaraguan Minister in Paris, . . . . . . . . . 163
Mr. Crisanto Medina, to the French Foreign Minister,
Mr. Delcassé, 22 September 1900.
Annex 33 Diplomatic Note from the French Foreign Minister, . . . . . . . . . . . . 165
Mr. Delcassé, to the Nicaraguan Minister in Paris,
Mr. Crisanto Medina, 22 October 1900.
Annex 34 Diplomatic Note from the French Foreign Minister, . . . . . . . . . . . . 167
Mr. Delcassé, to the Colombian Minister in Paris,
Mr. Julio Betancur, 26 October 1900.
Annex 35 Diplomatic Note from the Colombian Minister in London . . . . . . . 169
to the British Foreign Office, 19 February 1913.
Annex 36 Diplomatic Note from the Nicaraguan Foreign Minister to . . . . . . . 171
the Colombian Foreign Minister, 24 December 1913.
Annex 37 Diplomatic Note from the Colombian Minister in London to . . . . . 179
the British Foreign Office, 25 March 1914.
Annex 38 Diplomatic Note from the British Legation in Bogotá to . . . . . . . . . 181
the Colombian Foreign Ministry, 11 May 1914.
Annex 39 Diplomatic Note from the Colombian Foreign Ministry to . . . . . . . 183
the British Legation in Bogotá, 1 June 1914.
Annex 40 Diplomatic Note N° 1 from the United States Minister in . . . . . . . . 185
Bogotá to the Colombian Foreign Minister, 1 March 1919.
Annex 41 Diplomatic Note from the Colombian Foreign Minister to . . . . . . . 187
the United States Minister in Bogotá, 15 May 1919.
Annex 42 Diplomatic Note Nº 72 from the Colombian Minister in . . . . . . . . . 189
Managua to the Nicaraguan Foreign Minister, 10 December 1923.
Annex 43 Diplomatic Note from the Colombian Legation in London . . . . . . . 191
to the British Foreign Office, 12 January 1924.
VI
Annex 44 Diplomatic Note from the British Foreign Office to the . . . . . . . . . .195
Colombian Legation in London, 17 July 1924.
Annex 45 Diplomatic Note N° 232 with enclosure (draft treaty) from . . . . . . . 199
the Colombian Minister in Managua to the Nicaraguan Foreign
Minister, 18 March 1925.
Annex 46 Diplomatic Note N° 157 from the Nicaraguan Foreign Minister . . . 201
to the Colombian Minister in Managua, 28 March 1925.
Annex 47 Diplomatic Note from Sir Austen Chamberlain, British . . . . . . . . . . 203
Foreign Secretary, to the Colombian Minister in London,
7 July 1926.
Annex 48 Proposal submitted by the Colombian Minister in Washington . . . . 207
to the Department of State, 2 August 1927.
Annex 49 Diplomatic Note from the Colombian Minister in Managua . . . . . . 211
to the Nicaraguan Foreign Minister, 3 January 1929.
Annex 50 Diplomatic Note from the Nicaraguan Foreign Minister to the . . . . . 213
Colombian Minister in Managua, 7 May 1930.
Annex 51 Diplomatic Note N° 6 from the Nicaraguan Embassy in Bogotá . . . 215
to the Colombian Foreign Ministry, 29 April 1949.
Annex 52 Diplomatic Note N° CN-1768 from the Colombian Foreign . . . . . . 217
Ministry to the Nicaraguan Embassy in Bogotá, 28 June 1949.
Annex 53 Diplomatic Note from the Colombian Representative to the . . . . . . . 219
Universal Postal Union to the Director-General of the
Universal Postal Union, Montreux, 30 May 1950.
Annex 54 Diplomatic Note N° 092 from the Colombian Ambassador . . . . . . . 221
in Managua to the Nicaraguan Foreign Minister, 4 June 1969.
Annex 55 Diplomatic Note N° DM-170 from the Colombian Foreign . . . . . . . 223
Minister to the Nicaraguan Ambassador in Bogotá, 18 April 1975.
Annex 56 Diplomatic Note N° F-229 from the Colombian Foreign . . . . . . . . . 225
Minister to the Nicaraguan Ambassador in Bogotá,
21 August 1975.
VII
Annex 57 Diplomatic Note N° DM-00156 from the Colombian Foreign . . . . . 227
Minister to the Nicaraguan Ambassador in Bogotá,
28 March 1977.
Annex 58 Diplomatic Note N° DM-00457 from the Colombian Foreign . . . . . 229
Minister to the Nicaraguan Ambassador in Bogotá,
24 October 1977.
Annex 59 Diplomatic Note N° DM-00482 from the Colombian Foreign . . . . . 231
Minister to the Chargé d’ Affairs of Nicaragua in Bogotá,
15 November 1977.
Annex 60 Aide-Mémoire from the United States Embassy in Managua . . . . . . 233
to the Government of Reconstruction of Nicaragua recording
the History of Negotiations on Quitasueño, 16 July 1981.
Annex 61 Diplomatic Note N° 23 from the French Embassy in Bogotá . . . . . 241
to the Colombian Foreign Ministry, 26 January 1982.
Annex 62 Diplomatic Note N° SG. 00222 from the Colombian Foreign . . . . . 243
Ministry to the French Embassy in Bogotá, 16 February 1982.
Annex 63 Notes from the Jamaican Director of Fisheries to the . . . . . . . . . . . . 245
Colombian Consul General in Kingston pursuant to the 1981
Fishing Agreement.
Annex 64 Notes from the Jamaican Director of Fisheries to the . . . . . . . . . . . . 251
Colombian Consul General in Kingston pursuant to the 1984
Fishing Agreement.
Annex 65 Diplomatic Note N° 340 from the United States Embassy in . . . . . . 257
Bogotá to the Colombian Foreign Ministry, 25 April 1994.
Annex 66 Diplomatic Note N° ST./757 from the Colombian Foreign . . . . . . . 259
Ministry to the United States Embassy in Bogotá, furnishing a
copy of the map attached to the 1983 Agreement, 1994.
Annex 67 Diplomatic Note Nº DM. 172-96 from the Costa Rican Foreign . . . 261
Minister to the Colombian Foreign Minister, 14 May 1996.
Annex 68 Diplomatic Note N° ST 29040 from the Colombian Foreign . . . . . . 263
Ministry to the United States Embassy in Bogotá, 6 August 1996.
VIII
Annex 69 Diplomatic Note Nº DVM 103 from the Costa Rican Foreign . . . . . 265
Vice-Minister to the Colombian Ambassador in Costa Rica,
23 March 1997.
COLOMBIAN OFFICIAL DOCUMENTS
Annex 70 Colombian Law on the organization and political regime of . . . . . . .269
the departments, provinces and cantons in which the Republic is
divided, 8 October 1821
Annex 71 Division of the Province of Cartagena in Six Cantons. Provision . . 273
of 16 March 1822 issued by General Mariano Montilla, Governor.
Annex 72 Decree of the Governor of Cartagena, Colombia, banning the . . . . . 275
extraction of guano in the Archipelago of San Andres,
15 November 1854.
Annex 73 Colombian Law 25 of 24 April 1871. . . . . . . . . . . . . . . . . . . . . . . . . . 277
Annex 74 Note N° 5 from the Prefect of the National Territory of . . . . . . . . . . 279
San Andrés and San Luis de Providencia to the Secretary of
Finance and Development, 26 September 1871.
Annex 75 Colombian Decree issued by the Prefect of the National . . . . . . . . . 281
Territory of San Andrés and San Luis de Providencia,
26 September 1871.
Annex 76 Report by the Prefect of the National Territory of San Andrés . . . . . 283
and San Luis de Providencia to the Government of the Union,
25 November 1871.
Annex 77 Note N° 35 from the Prefect of the National Territory of . . . . . . . . . 287
San Andrés and San Luis de Providencia to the Secretary of
Finance and Development of the Union, 25 December 1871.
Annex 78 Note N° 17 from the Prefect of the National Territory of . . . . . . . . . 289
San Andrés and Providencia to the Colombian Secretary of
the Interior and Foreign Affairs, 25 November 1872.
Annex 79 Contract for the Exploitation of Minerals and Fertilizers in the . . . . 291
Archipelago of San Andrés, 25 April 1874.
IX
Annex 80 Definitive administrative termination of Contract for Exploitation . 295
of Minerals and Fertilizers in the Archipelago of San Andrés,
9 October 1877.
Annex 81 Contract for the Exploitation of Minerals and Fertilizers in the . . . . 297
Archipelago of San Andrés, 11 January 1882.
Annex 82 Note Nº 326 from the Prefect of the Province of Providencia to . . . 301
the Secretary of Government at Cartagena, 19 September 1890.
Includes texts of Notes N° 1455 and 1524 from the Secretary of
Finance and Development to the Prefect of San Andrés and
Providencia, of 6 February 1875 and 13 April 1875, respectively.
Annex 83 Note N° 5382 from the Colombian acting Foreign Minister to . . . . 309
the Governor of the Province of Bolívar, 13 January 1892.
Annex 84 Note Nº 343 from the Colombian acting Minister of Finance to . . . 311
the Foreign Minister, 1 February 1892.
Annex 85 1892 Report to Congress by the Colombian Foreign Minister. . . . . 313
Annex 86 1893 Terms of tender regarding Guano and Phosphates . . . . . . . . . . 315
Exploitation Contracts in Serrana.
Annex 87 1894 Report to Congress by the Colombian Foreign Minister. . . . . 317
Annex 88 Note N° 5,154 from the Colombian Foreign Minister to the . . . . . . 319
Colombian Legation in Washington, 17 January 1895.
Annex 89 1896 Report to Congress by the Colombian Foreign Minister. . . . . 321
Annex 90 Contract for the Exploitation of Guano and other Fertilizers in . . . . 327
the Archipelago of San Andrés, approved on 30 January 1896.
Annex 91 Colombian Law 52 of 1912 on the creation and organization of . . . 331
the National Intendancy of San Andrés and Providencia.
Annex 92 Presidential Decree N° 1066 on Electoral Districts for the . . . . . . . 335
Election of Deputies to the Departmental Assemblies,
4 December 1912.
Annex 93 Presidential Decree N° 1090, 12 December 1912. . . . . . . . . . . . . . . . 337
X
Annex 94 Presidential Decree N° 1496, 23 May 1913. . . . . . . . . . . . . . . . . . . . 339
Annex 95 Note from the Colombian Foreign Minister to the Minister . . . . . . . 341
of Public Works, 2 April 1914.
Annex 96 Report to the Council of Ministers on Legal Aspects of Guano . . . . 343
Exploitation Contract in the Archipelago of San Andrés,
1 February 1915.
Annex 97 Contract for the Exploitation of Guano in the Archipelago . . . . . . . 347
of San Andrés and related Official Documents,
approved on 19 March 1915.
Annex 98 Report by Mr. Antonio José Uribe to the Colombian Foreign . . . . . 355
Affairs Advisory Commission, 5 November 1915.
Annex 99 Resolution of the Ministry of Finance concerning a Contract . . . . . 357
for Guano Exploitation in the Archipelago of San Andrés, May 1916.
Annex 100 Resolution of the Ministry of Public Works concerning a . . . . . . . . 359
Contract for Guano Exploitation in the Archipelago of San Andrés,
11 December 1918.
Annex 101 Note Nº 312-2973 from the Colombian Minister in Washington . . . 361
to the Colombian Foreign Minister, 13 September 1919.
Annex 102 Note N° 1287 from the Governor of San Andrés to the Minister . . . 363
of Government, 21 September 1919, and enclosure.
Annex 103 Annual Report from the Intendente of the Archipelago of . . . . . . . . 367
San Andrés to the Minister of Government, May 1919-April 1920.
Annex 104 Address to Congress by the President of the Republic of . . . . . . . . . 369
Colombia, July 1920.
Annex 105 Terms of tender for Pearl Fishing in Colombian Seas . . . . . . . . . . . 371
including the Archipelago of San Andrés, 21 April 1924.
Annex 106 Presidential Decree N° 625 on Pearl Fishing in Colombian . . . . . . . 375
Seas including the Archipelago of San Andrés, 22 April 1925.
Annex 107 1925 Report to Congress by the Colombian Foreign Minister. . . . . . 379
XI
Annex 108 Colombian Decree N° 121, issued by the Intendancy of . . . . . . . . . 381
San Andrés, 31 December 1925.
Annex 109 Presidential Decree N° 755 on Reorganization of Pearl . . . . . . . . . . 383
Fishing in Colombian Seas including the Archipelago of
San Andrés, 7 May 1926.
Annex 110 Resolution of the Ministry of the Industries terminating a . . . . . . . . 387
Contract for Guano exploitation in the Archipelago of
San Andrés, 16 December 1926.
Annex 111 Cable N° 81 from the Colombian Minister in Washington to . . . . . . 395
the Foreign Minister, in reply to the latter’s cable Nº 28 of
31 August 1927, 8 September 1927.
Annex 112 Note N° 530 from the Colombian Minister in Managua to . . . . . . . 397
the Colombian Minister in Washington, 20 November 1927.
Annex 113 Annual Address by the President of the Republic of Colombia . . . . 401
at the Start of the 1928 Ordinary Session of Congress.
Annex 114 1928 Report to Congress by the Colombian Foreign Minister. . . . . . 403
Annex 115 Telegram from the Intendente of San Andrés to the Ministers . . . . . 405
of Government and Industries of Colombia, 26 July 1929.
Annex 116 Memorandum from the Colombian Foreign Ministry to the . . . . . . 407
Colombian Minister in Managua, in reply to the latter’s cable
of 8 February 1930, 11 February 1930.
Annex 117 Law 47 of 11 April 1931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409
Annex 118 Report of the Colombian Senate’s Special Commission that . . . . . . 411
studied the Memorial of Mr. Ernesto Restrepo Gaviria, in
relation to the Cays of Roncador and Quitasueño,
16 November 1934.
Annex 119 Executive Resolution N° 90, 1 June 1937. . . . . . . . . . . . . . . . . . . . . 419
Annex 120 Report by an Official of the Colombian Ministry of Foreign . . . . . . 421
Affairs regarding the cays of Roncador, Quitasueño and Serrana
in the Archipelago of San Andrés, 31 August 1937.
XII
Annex 121 Presidential Decree N° 487 establishing the Naval Garrison . . . . . . 431
on San Andrés, 8 March 1940.
Annex 122 Note N° LF99/458, from the Colombian Foreign Minister to . . . . . 435
the Colombian Chargé d’Affaires in Washington,
21 October 1943
Annex 123 Note N° 938/DIN from the General Marine Division to . . . . . . . . . 437
the Colombian Minister of War, 21 January 1946.
Annex 124 Colombian Navy Internal Memorandum on Status of . . . . . . . . . . . 439
Lighthouses, including two in the Archipelago of San Andrés,
3 May 1946.
Annex 125 Report by the Geological Commission sent to the Archipelago . . . . 441
of san Andrés by the Colombian Mines and Oil Ministry,
October 1947.
Annex 126 Presidential Decree N° 2966-BIS issued in San Andrés, . . . . . . . . . 449
Island of San Andrés, 13 November 1953.
Annex 127 Note N° 060 CG-EMG-SJ 832 from the Colombian Minister . . . . . 453
of War to the Foreign Minister, 4 March 1955.
Annex 128 Note N° 142/COFB-57-M-107 from the Chief of the . . . . . . . . . . . . 455
Lighthouses and Buoys Division of the Colombian Navy to
the Coasts and Merchant Marine, 22 October 1959.
Annex 129 Note N° 11700R/COARMADA-DMMC, from the Merchant . . . . . 457
Marine Director of the Colombian Navy to the General Command,
1 October 1964.
Annex 130 Periodic Report N° 8 of the Command of the Atlantic Naval . . . . . 459
Force, 31 August 1968.
Annex 131 Note Nº 03308/MIDSG-A-559 from the Colombian Defense . . . . . 461
Minister to the Colombian Foreign Minister, 18 November 1968.
Annex 132 Periodic Report N° 11 of the Command of the Atlantic Naval . . . . . 463
Force, Cartagena, 30 November 1968.
Annex 133 Resolution N° 206 from the Colombian Institute for Agrarian . . . . . 467
Reform (INCORA), 16 December 1968.
XIII
Annex 134 Colombian Resolution N° 092 from the Colombian Institute . . . . . . 473
for Agrarian Reform (INCORA), 30 June 1969.
Annex 135 Periodic Report N° 8 of the Command of the Atlantic Naval . . . . . 475
Force, Cartagena, 31 August 1969.
Annex 136 File N° 001/71 of the Port Captaincy of San Andrés, Office . . . . . . 477
of Investigation, 30 October 1971.
Annex 137 Note Nº 71/33 from the Colombian Consulate in Kingston, . . . . . . 479
Jamaica, to the Colombian Foreign Minister, 4 August 1972.
Annex 138 Colombian Navy Resolution N° 282, 10 July 1975. . . . . . . . . . . . . . 481
Annex 139 Resolution N° 16 from the Colombian Maritime and Port . . . . . . . . 485
General Directorship, 12 January 1977.
Annex 140 Resolution N° 169 from the Colombian Maritime and Port . . . . . . . 489
General Directorship, 29 March 1977.
Annex 141 Resolution N° 580 from the Colombian Maritime and Port . . . . . . . 491
General Directorship, 4 October 1977.
Annex 142 Colombian Law N° 10 on Maritime Spaces, 4 August 1978. . . . . . . 495
Annex 143 Colombian Maritime and Port General Directorship Study of . . . . . 499
Maritime Signaling System fueled by Solar Energy, including
Lighthouses in the Archipelago of San Andres, 3 December 1980.
Annex 144 Resolution N° 788 from the Colombian Maritime and Port . . . . . . . 503
General Directorship, 3 December 1982.
Annex 145 Historical Log, ARC Pedro de Heredia, July 1983. . . . . . . . . . . . . . . 507
Annex 146 Historical Log, ARC Caldas, June 1986. . . . . . . . . . . . . . . . . . . . . . . 509
Annex 147 Resolution N° 1162 from the Colombian Maritime and Port . . . . . . 511
General Directorship, 14 November 1986.
Annex 148 Resolution 1039 from the Colombian Maritime and Port . . . . . . . . . 513
General Directorship, 11 August 1987.
Annex 149 Historical Log, ARC Independiente, October 1988. . . . . . . . . . . . . . 517
XIV
Annex 150 Resolution N° 1565 of INDERENA, 29 December 1989. . . . . . . . . . 519
Annex 151 Resolution N° 140 of INDERENA, 27 June 1990. . . . . . . . . . . . . . . 523
Annex 152 Historical Log, ARC Pedro de Heredia, August 1990. . . . . . . . . . . . 529
Annex 153 Resolution N° 1368 from the Colombian Maritime and Port . . . . . . 531
General Directorship, 26 September 1990.
Annex 154 Decision of the Colombian Maritime and Port General . . . . . . . . . . 533
Directorship of 27 September 1990.
Annex 155 Historical Log, ARC Almirante Padilla, April 1992. . . . . . . . . . . . . . 537
Annex 156 Resolution N° 42 from the Colombian Maritime and Port . . . . . . . . 539
General Directorship, 29 January 1993.
Annex 157 Resolution N° 46 from the Colombian Maritime and Port . . . . . . . . 543
General Directorship, 3 February 1993.
Annex 158 Historical Log, ARC Caldas, July 1993. . . . . . . . . . . . . . . . . . . . . . . 551
Annex 159 Colombian Navy Resolution Nº 825, 27 December 1994. . . . . . . . . 553
Annex 160 Note N° NR. 003 from the Chief of Colombian Maritime . . . . . . . . 559
Signals on the Atlantic to the Chief of the Navigational Aids
Division, Colombian Maritime and Port General Directorship,
2 January 1997.
Annex 161 1997 Colombian Navy’s Notice to Sailors on new Lighthouse . . . . 561
in Serranilla, to replace that built by Colombia in 1977.
Annex 162 Resolution N° 287 of the National Institute of Fisheries and . . . . . . 563
Agriculture - INPA, 7 May 1997.
Annex 163 Resolution N° 806 from the Colombian Maritime and Port . . . . . . . 567
General Directorship, 23 December 1997.
Annex 164 Note N° NR. 437 from the Chief of Maritime Signals on the . . . . . 571
Atlantic to the Secretary-General of the Colombian Maritime
and Port General Directorship, 10 December 1998.
XV
Annex 165 Operation Order N° 2 of 2000 from the Specific Command . . . . . . 573
of the Colombian Navy for San Andrés and Providencia.
Annex 166 Resolution N° 26 from the Colombian Maritime and Port . . . . . . . . 579
General Directorship, 4 February 2000.
Annex 167 Resolution N° 440 from the Colombian Maritime and Port . . . . . . . 583
General Directorship, 7 November 2001.
Annex 168 Resolution N° 474 from the Colombian Maritime and Port . . . . . . . 589
General Directorship, 12 December 2001.
Annex 169 Operation Permit from the Colombian Maritime General . . . . . . . . 595
Directorship, 24 April 2002.
Annex 170 Resolution N° 128 of CORALINA, the Environmental . . . . . . . . . . 597
Authority in the Archipelago of San Andrés, 27 February 2006.
Annex 171 Study on Quitasueño and Alburquerque prepared by the . . . . . . . . . 603
Colombian Navy, September 2008.
OTHER DOCUMENTS
Annex 172 1820 Sailing Directions of the Spanish Navy. . . . . . . . . . . . . . . . . . . 615
Annex 173 Note from the Commodore at the British Colonial Office to . . . . . . 619
the Governor of Jamaica, 29 December 1874. Includes, as
enclosure, Report submitted by Captain Erskine to the
Commodore, 26 December 1874.
Annex 174 Note N° 20 from the Governor of Jamaica to the British . . . . . . . . . 637
Colonial Office, 9 February 1875.
Annex 175 Note Nº 340, and enclosures, from the United States . . . . . . . . . . . . 643
Minister in Bogotá to the Department of State, 4 May 1892.
Annex 176 Note Nº 76 from the Department of State to the United . . . . . . . . . . 669
States Minister in Bogotá, 26 November 1894.
Annex 177 Note N° 91 from the United States Minister in Bogotá to . . . . . . . . 673
the Department of State, 19 January 1895.
XVI
Annex 178 Note N° 267 from the Department of State to the United . . . . . . . . . 677
States Minister in Bogotá, 14 April 1897.
Annex 179 Memorandum from the French Foreign Minister, Mr. Delcassé, . . . . 679
to the French President, Mr. Loubet, 13 October 1900.
Annex 180 Note Nº 34429 from the British Foreign Office to the Colonial . . . . 681
Office, 24 October 1906, and enclosed Memorandum
dated 18 October 1906.
Annex 181 Note from the Department of the Navy to the Department . . . . . . . 687
of State, 27 February 1913.
Annex 182 Note from the Governor of the Archipelago of San Andrés . . . . . . . 689
to the Captain of the W.E. Hurlston, 2 April 1913.
Annex 183 Note from the Department of the Navy to the Department . . . . . . . 691
of State, 9 April 1914.
Annex 184 Note Nº 109/271 from the Commissioner of the Cayman . . . . . . . . 693
Islands to the Colonial Secretary at Jamaica, 13 June 1914.
Annex 185 Note Nº 30613/14 from the British Foreign Office to the . . . . . . . . .697
Undersecretary of State for the Colonies, 10 July 1914.
Annex 186 Note from the Secretary of State for the Colonies to the . . . . . . . . . 699
Governor of Jamaica, 23 July 1914.
Annex 187 Note from the Governor of Jamaica to the Secretary of . . . . . . . . . . 701
State for the Colonies, 14 November 1914.
Annex 188 Note from the Department of the Navy to the Department . . . . . . . 703
of State, 3 February 1915.
Annex 189 Letter from Mr. Edward A. Alexander, Counselor at Law, . . . . . . . . 705
New York, to the Department of State, 19 July 1915.
Annex 190 Note from Mr. William Phillips, Third Assistant Secretary, . . . . . . . 707
for the Secretary of State, to Mr. Alexander, 27 July 1915.
Annex 191 Telegram from the United States Minister in Bogotá to . . . . . . . . . . 709
the Department of State, 17 September 1919.
XVII
Annex 192 Telegram from the United States Minister in Bogotá to . . . . . . . . . . 713
the Department of State, 4 October 1919.
Annex 193 Telegram from the Secretary of State to the United States . . . . . . . . 717
Minister in Bogotá, 16 October 1919.
Annex 194 Notice Nº 21 issued by the British Commissioner of the . . . . . . . . . 719
Cayman Islands, 22 May 1924.
Annex 195 British Foreign Office’s internal document of . . . . . . . . . . . . . . . . . 721
29 November 1926.
Annex 196 Official opinion of the Nicaraguan Government on the end . . . . . . . 725
of the Dispute with Colombia, 22 September 1928.
Annex 197 Note N° 1316 from the United States Chargé d’Affairs . . . . . . . . . . 729
a.i. at Managua to the Secretary of State of the United States,
11 February 1930.
Annex 198 Record of session XLVIII of the Chamber of the Senate . . . . . . . . . 733
of the Nicaraguan Congress, 4 March 1930.
Annex 199 Record of the XLIX of the Chamber of the Senate of . . . . . . . . . . . 735
the Nicaraguan Congress, 5 March 1930.
Annex 200 Full powers granted by the President of Nicaragua to . . . . . . . . . . . 739
the Nicaraguan Foreign Minister, 9 April 1930.
Annex 201 1930 Report to Congress by the Nicaraguan Foreign . . . . . . . . . . . . 741
Minister, concerning the 1928/1930 Treaty.
Annex 202 Note from the National Geographic Society to the . . . . . . . . . . . . . . 743
Colombian Legation in Washington, 11 June 1935.
Annex 203 Despatch N° 145 from the United States Consul in . . . . . . . . . . . . . 745
Kingston to the Department of State, 11 September 1935.
Annex 204 Note from the Department of State to the American . . . . . . . . . . . . . 749
Geographical Society, 16 June 1941.
Annex 205 Note from Mr. Enrique Ancízar, legal representative of the . . . . . . . 753
American Gas Accumulator Company, to the Navy General
Division of the Colombian Ministry of War, 15 October 1944.
XVIII
Annex 206 Office Memorandum of the Department of State from . . . . . . . . . . . 755
Mr. Hussey - DRA (Division of American Republics) to
Mr. Wright - ARA (American Republic Affairs),
9 September 1947.
Annex 207 Office Memorandum of the Department of State from . . . . . . . . . . . 759
Mr. Woodward, Deputy Director of ARA (American Republic
Affairs) to The Files, 1 December 1947.
Annex 208 Note Dir.GE/Lg from the Swedish company AGA to the . . . . . . . . . 761
General Command of the Colombian Navy, 4 December 1954.
Annex 209 Note from the Assistant Legal Adviser of the Department of . . . . . . 763
State to Mr. W.R. Crippen, Jr., 2 March 1965.
Annex 210 Note from the Assistant Legal Adviser of the Department of . . . . . . 765
State to Mr. W.R. Crippen, Jr., 13 April 1965.
Annex 211 Note from the Assistant Legal Adviser of the Department of . . . . . . 767
State to Mr. W.R. Crippen, Jr., 12 October 1965.
Annex 212 Cable from the United States Embassy in Bogotá to the . . . . . . . . . 769
Department of State, 10 May 1967.
Annex 213 Cable from the Department of State to the United States . . . . . . . . . 771
Embassy in Bogotá, 16 May 1967.
Annex 214 Note E.O. 11652N/A from the United States Embassy in . . . . . . . . 775
Bogotá to the Department of State, 25 May 1973.
Annex 215 Background of the Declaration of Nullity an Invalidity . . . . . . . . . . 779
of the Barcenas- Meneses-Esquerra Treaty, 4 February 1980.
Annex 216 Letter from the fishing company Empacadora de . . . . . . . . . . . . . . 781
Castilla S.A. de C.V. to the Colombian Foreign Ministry,
22 September 1980.
Annex 217 Statement given by Mr. Gonzalo J. Facio, Costa Rican . . . . . . . . . . 783
signatory of the 1977 Treaty with Colombia and former
Foreign Minister, at the Costa Rican Foreign Ministry,
27 August 1998.
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Annex 218 Certification N° SGN/031075 issued by the Service de . . . . . . . . . . 785
Géodésie et de Nivellement of the Institut Géographique
National of France, 12 November 2003.
XX
TREATIES AND AGREEMENTS
1

Annex 1
TREATY CONCERNING TERRITORIAL QUESTIONS AT ISSUE BETWEEN
COLOMBIAAND NICARAGUA, MANAGUA, 24 MARCH 1928, WITH
PROTOCOL OF EXCHANGE OF RATIFICATIONS OF 5 MAY 1930
(ESGUERRA-BÁRCENAS)
(Translation provided by Colombia. See paragraphs 5.15-5.22)
The Republic of Colombia and the Republic of Nicaragua, desirous of putting an end to
the territorial dispute pending between them, and to strengthen the ties of traditional
friendship which unite them, have decided to conclude the present Treaty, and to that
effect have appointed as their Plenipotentiaries, to wit:
His Excellency the President of the Republic of Colombia [has appointed] Dr. Don
Manuel Esguerra, Envoy Extraordinary and Minister Plenipotentiary to Nicaragua; and
His Excellency the President of the Republic of Nicaragua [has appointed] Dr. Don José
Bárcenas Meneses, Under Secretary for Foreign Affairs,
Who, having communicated their full powers, found in due form, have agreed on the following
provisions:
Article I
The Republic of Colombia recognizes the full and entire sovereignty of the Republic of
Nicaragua over the Mosquito Coast comprised between the Cape Gracias a Dios and the
San Juan River, and over the Mangle Grande and Mangle Chico islands, in the Atlantic
Ocean (Great Corn Island and Little Corn Island); and the Republic of Nicaragua recognizes
the full and entire sovereignty of the Republic of Colombia over the islands of San
Andrés, Providencia, Santa Catalina and all the other islands, islets and cays that form
part of the said Archipelago of San Andrés.
The Roncador, Quitasueño and Serrana cays are not considered to be included in this
Treaty, sovereignty over which is in dispute between Colombia and the United States of
America.
3
Article II
The present Treaty shall be submitted, for its validity, to the Congresses of both States,
and once approved by them, the exchange of ratifications shall take place at Managua or
Bogota, in the shortest possible term.
In faith whereof, we, the respective Plenipotentiaries, sign and affix our seals.
Done in duplicate, in Managua, on March twenty-fourth one thousand nine hundred and
twenty-eight.
(signed) Manuel ESGUERRA (signed) J. BÁRCENAS-MENESES
PROTOCOL OF EXCHANGE
His Excellency Dr. Don Manuel Esguerra, Envoy Extraordinary and Minister
Plenipotentiary of Colombia to Nicaragua, and His Excellency Dr. Don Julian Irias,
Minister for Foreign Affairs, having met in the offices of the Ministry of Foreign Affairs
of the Government of Nicaragua, for the purpose of proceeding to exchange the ratifications
of their respective governments, regarding the Treaty concluded between Colombia
and Nicaragua, on March twenty-fourth, one thousand nine hundred and twenty-eight, to
put an end to the question pending between both Republics concerning the San Andrés
and Providencia Archipelago and the Nicaraguan Mosquitia; having communicated their
full powers found in good and due form, and having noted that the said ratifications were
identical, proceeded to exchange the same.
The undersigned, in virtue of the full powers which have been granted to them, and on
the instructions of their respective governments, hereby declare: that the Archipelago of
San Andrés and Providencia, which is mentioned in the first clause of the referred to
Treaty, does not extend west of the 82 Greenwich meridian.
In faith whereof the undersigned sign the present [Protocol] in duplicate and affix their
respective seals thereto.
Done at Managua, on the fifth day of the month of May, one thousand nine hundred and
thirty.
(Seal) (signature) MANUEL ESGUERRA
(Seal) (signature) J. IRÍAS G.
4
5
Annex 2
EXCHANGE OF NOTES BETWEEN COLOMBIAAND THE UNITED STATES
OF AMERICA, CONCERNING THE STATUS OF QUITASUEÑO, RONCADOR
AND SERRANA, 10 APRIL 1928
(Archives of the Ministry of Foreign Affairs of Colombia)
Legation of Colombia - Number 352 - Washington, D.C., 10 April 1928.
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the Republic of
Colombia, duly authorized by his Government, proposes to His Excellency the Secretary
of State of the United States of America the conclusion, by an exchange of notes, of the
following agreement, respecting the status of the Cays of Serrana, Quitasueño and
Roncador, situated in the western part of the Caribbean Sea, that is to wit:
Whereas both Governments have claimed rights of sovereignty over these cays;
And whereas the interest of the United States lies primarily in the maintenance of aids
to navigation on those cays;
And whereas Colombia shares the desire that such aids shall be maintained without interruption
and furthermore is especially interested that her nationals shall uninterruptedly
possess the opportunity of fishing in the waters adjacent to those cays;
They resolve to preserve the status quo in respect to the matter, and, consequently, the
Government of Colombia will refrain from objecting to the maintenance by the United
States of the services which it has established or may establish on said cays to aid navigation,
and the Government of the United States will refrain from objecting to the utilization,
by Colombian nationals, of the waters appurtenant to the cays for purposes of
fishing.
To His Excellency
Mr. Frank B. Kellogg,
Secretary of State-Washington
The undersigned avails himself of the opportunity to reiterate to His Excellency the
Secretary of State the assurances of his highest and distinguished consideration.
Signed, Enrique Olaya
6
7
8
9
Annex 3
TREATY BETWEEN COLOMBIAAND THE UNITED STATES OF AMERICA
CONCERNING THE STATUS OF QUITASUEÑO, RONCADOR AND
SERRANA (WITH EXCHANGES OF NOTES),
BOGOTÁ, 8 SEPTEMBER 1972
(1307 UNTS 379)
Documents on pages to follow
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11
12
13
14
15
16
17
18
19
20
21
22
23

Annex 4
TREATY ON THE DELIMITATION OF MARINE AND SUBMARINE AREAS
AND RELATED MATTERS BETWEEN THE REPUBLIC OF COLOMBIA
AND THE REPUBLIC OF PANAMA, 20 NOVEMBER 1976
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
25
26
27
28
29
30
Annex 5
TREATY ON DELIMITATION OF MARINE AND SUBMARINE AREAS AND
MARITIME COOPERATION BETWEEN THE REPUBLIC OF COLOMBIA
AND THE REPUBLIC OF COSTA RICA, 17 MARCH 1977
(Archives of the Ministry of Foreign Affairs of Colombia)
The Republic of Colombia and the Republic of Costa Rica,
Aware of that international co-operation and reciprocity constitute the best means to
resolve the issues of common interest of friendly nations,
Agreeing on the convenience and need to proceed to the delimitation of their marine and
submarine areas in the Caribbean Sea.
Knowledgeable as to the safeguard of the sovereignty and jurisdiction of the marine areas
belonging to each country and of the open and expeditious communication through them.
Mutually interested in the adoption of adequate needs for the preservation, conservation
and utilization of the available resources in said areas, and for the protection, control and
elimination of the contamination thereof, have decided to conclude a treaty and to that
effect have designated as their plenipotentiaries to wit:
His Excellency, the President of the Republic of Costa Rica, Mr. Gonzalo J. Facio,
Minister of Foreign Affairs;
His Excellency, the President of the Republic of Colombia, Mr. Heraclio Fernández
Sandoval, Ambassador Extraordinary and Plenipotentiary to Costa Rica;
Who, having communicated their respective full powers and which have been found in
good and due form, have agreed the following:
Article One
To designate as the boundary between their respective marine and submarine areas, that
are established or may be established in the future, the following lines:
A.- Starting on the intersection of a straight line drawn with an azimuth of 225º (45º
Southwest) from a point located on latitude 11º 00' 00'' North and longitude 81º 15' 00''
31
West, with parallel 10º 49’ 00” North. Along the cited parallel towards the West, until its
intersection with meridian 82º 14' 00'' West.
B.- From the intersection of parallel 10º 49' 00'' North and the meridian 82º 14' 00'' West,
the boundary continues along the cited meridian towards the North up to where the
delimitation shall be done with a third State.
Paragraph: The agreed lines and points are marked on the nautical chart that, signed by
the Plenipotentiaries, is added to the present Treaty as an attachment, understanding that
in any case the tenor of the Treaty shall prevail.
Article Two
To accept and respect the means by which each of the two States currently exercises or
may exercise in the future its sovereignty, jurisdiction, surveillance, control or rights
over the marine and submarine areas adjacent to their coasts, delimited by virtue of this
Treaty, in accordance to what each country has established or may establish in the future
and with the regulations of their national law.
Article Three
To develop the most ample cooperation between the two countries for the protection of
the renewable and non-renewable resources that are found within the marine and submarine
areas over which they exercise or may come to exercise in the future, sovereignty,
jurisdiction or surveillance, and to use those resources for the benefit of their people and
their national development.
Article Four
To propitiate the most ample international cooperation to coordinate the preservation
measures that each State applies in the sea zones under their sovereignty or jurisdiction,
in particular, with regard to species that migrate beyond their respective jurisdictional
zones, taking into account the recommendations of the corresponding regional organizations
and the most veritable and updated scientific data. That international cooperation
shall not undermine the sovereign right of each State to adopt, within the scope of their
respective maritime jurisdictions, the norms and regulations that they deem pertinent.
Article Five
To mutually provide the greatest possible facilities with the purpose of developing the
activities of exploitation and utilization of the living resources of their respective mar-
32
itime jurisdictional zones, through the exchange of information, the cooperation on scientific
research, the technical collaboration and the support to the creation of mixed
enterprises.
Article Six
Each of the Parties manifests its decision to cooperate with the other, in accordance with
its possibilities, in the application of the most adequate measures to prevent, diminish
and control any contamination of the marine environment that affects the neighboring
State, whichever the source thereof may be.
Article Seven
To propitiate the most ample cooperation to promote the expeditious development of
international navigation in the seas subject to the sovereignty or jurisdiction of each
State.
Article Eight
The present Treaty shall be submitted for its ratification, to the Constitutional proceedings
of the High Contracting Parties and shall enter into force upon the exchange of the
ratification instruments, which shall take place in the city of Bogotá, Republic of
Colombia.
This Treaty is signed in duplicate, in the Spanish language, whose texts are equally
authentic.
Signed in the city of San José, Republic of Costa Rica, on the seventeenth day of March
of nineteen seventy-seven.
[signed, illegible] [signed, illegible]
GONZALO J. FACIO HERACLIO FERNANDEZ SANDOVAL
Minister of Foreign Affairs Ambassador
33

Annex 6
TREATY CONCERNING DELIMITATION OF MARINE AREAS AND
MARITIME COOPERATION BETWEEN THE REPUBLIC OF COSTA RICA
AND THE REPUBLIC OF PANAMA, 2 FEBRUARY 1980
(DOALOS/OLA - UNITED NATIONS)
Documents on pages to follow
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36
37

Annex 7
FISHING AGREEMENT BETWEEN THE REPUBLIC OF COLOMBIAAND
JAMAICA (WITH ANNEX), 30 JULY 1981
(1295 UNTS 99)
Documents on pages to follow
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40
41
42
43
44
Annex 8
AGREEMENT BETWEEN COLOMBIAAND THE UNITED STATES OF
AMERICA ON CERTAIN FISHING RIGHTS IN IMPLEMENTATION OF THE
TREATY BETWEEN COLOMBIAAND THE UNITED STATES OF AMERICA
OF 8 SEPTEMBER 1972, CONCERNING THE STATUS OF
QUITASUEÑO, RONCADOR AND SERRANA.
BOGOTÁ, 24 OCTOBER 1983 AND 6 DECEMBER 1983
(2015 UNTS 4, USTIAS 10842)
Documents on pages to follow
45
46
47
48
49

Annex 9
FISHING AGREEMENT BETWEEN THE REPUBLIC OF COLOMBIA
AND JAMAICA, 30 AUGUST 1984
(Diario Oficial, Bogotá, 6 February 1986, Year CXXII, N° 37.336, p.8)
Documents on pages to follow
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52
53
54
55
56
57
58
59
60
61

Annex 10
TREATY CONCERNING MARITIME DELIMITATION BETWEEN THE
REPUBLIC OF COLOMBIAAND THE REPUBLIC OF HONDURAS,
2 AUGUST 1986
(2093 UNTS 26)
Documents on pages to follow
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64
65
66
67

Annex 11
JOINT STATEMENT OF THE GOVERNMENT OF THE REPUBLIC
OF COLOMBIAAND THE GOVERNMENT OF THE UNITED STATES
OF AMERICA REGARDING A TEMPORARY BAN ON CONCH
FISHING IN THE TREATYWATERS ADJACENT TO QUITASUEÑO,
23 JANUARY 1987
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
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70
71

Annex 12
AGREED MINUTES OF THE CONSULTATIONS ON THE 1972 VAZQUEZSACCIO
TREATY, 5-6 OCTOBER 1989
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
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74
75
76
77

Annex 13
JOINT STATEMENT OF THE GOVERNMENT OF THE REPUBLIC
OF COLOMBIAAND THE GOVERNMENT OF THE UNITED STATES
OF AMERICA REGARDING FISHERIES CONSERVATION MEASURES
IN THE TREATYWATERS ADJACENT TO QUITASUEÑO,
6 OCTOBER 1989
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
79
80
81
82
83

Annex 14
TREATY ON MARITIME DELIMITATION BETWEEN THE REPUBLIC
OF COLOMBIAAND JAMAICA, 12 NOVEMBER 1993
(1776 UNTS 27)
Documents on pages to follow
85
86
87
88
89
90
91
92
93
94
Annex 15
AGREED MINUTES OF THE III MEETING BETWEEN THE GOVERNMENT
OF THE REPUBLIC OF COLOMBIAAND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA IN COMPLIANCE WITH THE 1972
VAZQUEZ-SACCIO TREATY, 17-18 MAY 1994
(Archives of the Ministry of Foreign Affairs of Colombia)
1994 MINUTES OF THE III MEETING BETWEEN THE GOVERNMENTS OF
COLOMBIA AND THE UNITED STATES OF AMERICA IN COMPLIANCE WITH
THE VASQUEZ-SACCIO TREATY OF 1972
Between the 17th and 18th of May nineteen ninety-four (1994), it was held in the city of
Cartagena de Indias, Republic of Colombia, the III Meeting between the Delegations of
Colombia and the United States of America in compliance with the Vazquez-Saccio
Treaty of 1972. The Delegations are composed by the persons included in Annex 1.
The meeting was opened by doctor JESUS ARTURO GALVEZ VALEGA, Director-
General of Territorial Sovereignty of the Ministry of Foreign Affairs of Colombia, who
gave a warm welcome to the Delegation of the United States of America and registered
with satisfaction that the restart of the regular exchange about the measures of conservation,
in compliance with the provisions of the Vazquez-Saccio Treaty of 1972 and the
engagement taken by our respective Governments, as a testimony of the ties of friendship
and cooperation that link both our Nations.
On behalf of the Delegation of the United States, mister BRIAN HALLMAN, stressed
how the Government of Colombia has complied with the engagements taken at the international
level that aim at the preservation and sustainable development of the fishery
resources to the point that one can assert that it is an example at the Latin American level.
Therefore the Government of the United States takes part in this meeting with the best
disposition and convinced that the work will be highly productive for the two countries.
Next and having regard to point 1 of the Agenda, doctor JESUS ARTURO GALVEZ
VALEGA, President of the Delegation of Colombia opened the meeting.
Later the two Delegations agreed to develop the agenda that is included as Annex 2 of
this Minute.
According to point 2 of the agenda, the Delegation of Colombia, read the record of the
previous periodical meetings about fishery and the measures of conservation for a ration-
95
al and adequate management aimed at the sustainable use and responsible fishing in
order to guarantee the conservation of the fishery resources, in compliance with Articles
2 and 3 of the Vazquez-Saccio Treaty.
With regard to point 3A of the Agenda, related to the revision of the state of the fisheries,
the Delegation of Colombia presented a brief account on the matter, in which it emphasized
on the biodiversity of the Caribbean area. Deducting from it that the extraction of
the fishery resource is exercised mainly over the following species: Caribbean queen
conch, Strombus Gigas, spiny lobster Panulirus Laevicauda and P. argus and regarding
the fish it is exercised over snappers, goliath groupers and sharks. Likewise, it mentioned
that in the area of the Treaty there are 44 vessels of national and foreign flag affiliated
to Colombian companies which unload the catch in San Andres and Cartagena. Lobster
and conch sales are directed in 90% to the foreign market and 10% to the national market.
Regarding point 3B of the Agenda, the Delegation of the United States expressed that a
total of 17 vessels had journey reports during the period from April 1990 to March 1994,
most of the journey reports did not report any fishing activity in the waters of the treaty.
Only 7 of the 17 vessels entered the waters of the Treaty. Those vessels remained for a
total of 275 days dedicated to fishing in the waters of the Treaty, distributed in 26 journeys.
Equally a total of 67.070 kilograms of fish coming from reefs were unloaded, followed
by conch meat (4.958 Kg) and lobster (Panulirus SPP), 712 Kg. Most of the
unloaded fish were fished with fishing poles (55.305 Kg), an 1.489 Kg were obtained
using long lines, 189 Kg through lobster pots, and finally 88 Kg were obtained through
diving with no equipment. Conch were unloaded exclusively by scuba divers (472 Kg)
and by using lobster pots (240 Kg). The data regarding lobster pots is based on one single
vessel which carried five lobster pots. Specific data and tables are included as annex
3 of this minute.
Regarding point 4 of the Agenda, account on the Colombian fishing legislation, the
Delegation of Colombia presented its fishery rules: Law 13 of 1990 and its Statutory
Decree N° 2256 of 1991. Reference was also made to Law 47 of 1993, “By means of
which special rules for the organization and functioning of the Department Archipelago
of San Andres, Providencia and Santa Catalina are established”, as well as Law 99 of
1993, “By means of which the Minister of the Environment is created, the public sector
responsible for the Management and Conservation of the Environment and Natural
Renewable Resources, the Environmental National System (SINA) is organized, and
other provisions are established”. (Annex 4, 4A and 4B) of the present Minutes.
The Delegation of the United States presented its rules for implementation, 50 CFR, 695.
The two parties reaffirm the measures of conservation following the agreement of the
consultations that took place in Washington D.C. between the 5th and the 6th of October
1989.
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Furthermore they agreed to implement the following new measure of conservation for
the waters of the Treaty adjacent to Roncador and Serrana, since January 1st 1995.
- To reduce the mortality due to fishing with “ghost” traps, that is to say fish and lobster
traps, it is necessary that escape structures be placed in the traps that are not made
of wood. Those structures must be built with or have biodegradable materials attached
to them.
Regarding the waters adjacent to Quitasueño, representatives of both governments,
agreed that the same additional measure of conservation must be applied accordingly
with the joint Statement annexed.
Regarding point 5 of the Agenda, the Delegation of Colombia presented the elements for
a “Strategy of sustainable management of the fishery resources in the area of the
Vazquez-Saccio Treaty” that is included as annex 5 of the present minutes.
The Delegation of the United States of America considers that with regard to point 5 of
the agenda about “Strategies of Sustainable Management of the Fishery Resources in the
Area of the Vazquez-Saccio Treaty” there are three (3) key points that must be taken into
account:
1) The reports of catch shall be presented by North-American vessels to the Colombian
authorities seven (7) days after the end of the journey.
The North-American authorities in a reasonable time shall send to the Colombian
authorities the reports of catch through the Embassy of the United States in Colombia.
The Delegation of the United States of America requested that the Colombian authorities
issue the certificates faster.
2) The Delegation of the United States of North-America, shall recommend that the
Colombian authorities be authorized to board American vessels that navigate in the
area of the Treaty, to verify the compliance with the measures of conservation established
in 50 CFR 695.
This additional authorization shall enter into force after a formal exchange of diplomatic
notes between the two countries.
To take biological samples in the sea, coming from the catch of vessels bearing
American flag, both parties agreed to develop specific objectives and procedures for
the monitoring and take of biological samples through scientific consultations recommended
to the authorities of both governments.
3) Referring to the additional information requested by the Colombian Delegation, to
the Delegation of the United States of America it was agreed to modify the existing
form and that it enters into force since the fishing season in the year 1995.
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As an additional point, the Delegation of the United Sates of America stated that
because of technical procedures, it cannot supply at the moment the photography in
colours of each vessel, but proposes instead that the license number be placed in a visible
spot on the vessel’s hull. This proposal was accepted by the Delegation of
Colombia.
Referring to the sending of certificates in due time by the Colombian Government,
the Delegation of that same Government, has informed that these have been sent on
time by the intermediary of the Colombian Ministry of Foreign Affairs.
However, to promote cooperation and concerting between both countries, both
Governments shall make their best efforts to speed up the issuance of certificates and
fishing expedition reports.
Scientific Workgroup
An Ad Hoc scientific group was created to discuss the data of fishing activities reported
by the delegations of both countries. The former is included in annex 6.
A meeting was recommended, before the end of the year, between scientists of both delegations.
The purpose of this meeting is to develop an action plan aimed at evaluating
the fishery resources of the Treaty area, their habitat and potential environmental problems
that might threaten the sustainable development of these resources.
The group also recommended that an official contact point be established between the
United States and Colombia with the aim of facilitating the exchange of technical and
scientific information.
On the other hand, in point 6 of the Agenda, the delegations agreed in principle to celebrate
the Fourth Consultation Meeting in compliance with the Vazquez-Saccio Treaty of
1972 in the United States of America in the year 1995, in the date and place that are
determined through the diplomatic channels.
The Delegation of the United States stated its profound acknowledgement for all the
attentions it received from the Delegation of Colombia and the authorities of the
Ministry of Foreign Affairs.
In the closing act DR. ALEJANDRO LONDOÑO, General Manager of the INPA,
praised the advance reached by both delegations with regard to the VAZQUEZ-SACCIO
Treaty.
The present Minute read, as well as its (six annexes) and being found in accordance in
all its parts, in the presence of the Director-General of Territorial Sovereignty, doctor
JESUS ARTURO GALVEZ VALEGA, President of the Delegation of Colombia and of
mister BRIAN HALLMAN, Head of the Delegation of the United States of America,
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approved and signed this Minute, in the city of Cartagena de Indias on the eighteenth
(18) day of the month of May nineteen ninety-four (1994).
Done in Spanish and translated into English.
(Signed)
HEAD OF THE DELEGATION OF THE REPUBLIC OF COLOMBIA
(Signed)
HEAD OF THE DELEGATION OF THE UNITED STATES OF AMERICA
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Annex 16
JOINT STATEMENT OF THE GOVERNMENT OF THE REPUBLIC OF
COLOMBIAAND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA REGARDING FISHERIES CONSERVATION MEASURES IN THE
TREATYWATERS ADJACENT TO QUITASUEÑO, 18 MAY 1994
(Archives of the Ministry of Foreign Affairs of Colombia)
During the consultations of May 17th and 18th, 1994 in Cartagena de Indias, Colombia,
the representatives of the Government of the United States of America and the
Government of the Republic of Colombia agreed to adopt the following measure of conservation
since the 1st of January 1995, in the waters adjacent to Quitasueño, which are
described in Paragraph 5 of the exchange of notes (referred to from now on as the area’s)
of October 24th and December 6th 1993.
The lobster traps used to catch fish or spiny lobster Panulirus argus Latreille and P.
Laevicauda Latreille must have escape panels. The said escape panels must be manufactured
in a biodegradable material.
The representatives of both Governments agree to review periodically this measure of
conservation and to make consultations about the setting up of the measure of conservation
and the possibility of modifying this measure in the future.
18th of May 1994
(Signed)
HEAD OF THE DELEGATION OF THE REPUBLIC OF COLOMBIA
(Signed)
HEAD OF THE DELEGATION OF THE UNITED STATES OF AMERICA
101

Annex 17
EXCHANGE OF NOTES BETWEEN THE REPUBLIC OF COLOMBIAAND
THE REPUBLIC OF COSTA RICA OF 29 MAY 2000: COLOMBIAN NOTE N°
DM-M 14081, COSTA RICAN NOTE N° 396-UAT-PE
(2139 UNTS 409-410)
Documents on pages to follow
103
104
105

Annex 18
PROTOCOL OF EXCHANGE OF RATIFICATIONS OF THE TREATY ON
THE DELIMITATION OF MARINE AND SUBMARINE AREAS AND
MARITIME COOPERATION BETWEEN THE REPUBLIC OF COLOMBIA
AND THE REPUBLIC OF COSTA RICA OF 6 APRIL 1984, ADDITIONAL
TO THAT SIGNED IN THE CITY OF SAN JOSÉ ON 17 MARCH 1977,
20 FEBRUARY 2001
(Ministerio de Relaciones Exteriores, Delimitación de Áreas Marinas y Submarinas y
Cooperación Marítima entre la República de Colombia y la República de Costa Rica,
Bogotá, Serie de Documentos, Fondo Editorial Cancillería de San Carlos, 2001, pp.
63- 64)
PROTOCOL OF EXCHANGE
His Excellency, Mr. Guillermo Fernández de Soto, Minister of Foreign Affairs of the
Republic of Colombia, and His Excellency, Mr. Roberto Rojas López, Minister of
Foreign Affairs and Public Worship of the Republic of Costa Rica, gathered in San José,
Costa Rica, on the 20 February 2001, at the Casa Amarilla, seat of the Ministry of
Foreign Affairs and Public Worship, in order to effect the Exchange of Instruments of
Ratification of the Treaty on the Delimitation of Marine and Submarine Areas and
Maritime Cooperation between the Government of the Republic of Colombia and the
Government of the Republic of Costa Rica, signed in Bogotá, Colombia, on the sixth (6)
day of April 1984, on behalf of their respective Government, declares:
That the change of the date stipulated on Article III of this Treaty, to proceed to the
exchange of Instruments of Ratification, in no way alters the object and purpose of that
Treaty.
That by exchange of diplomatic notes 396-UAT-PE of 29 May 2000 of the Ministry of
Foreign Affairs and Public Worship of the republic of Costa Rica and DM-M-14081 of
29 May 2000 of the Ministry of Foreign Affairs of Colombia, it was agreed that the
exchange of the respective Instruments of Ratification would take place in the manner
and on the date that the two Governments see fit.
That the compliance of the ‘Treaty on the Delimitation of Marine and Submarine Areas
and Maritime Cooperation’ signed on March 17, 1977, will continue in the current condition
until the exchange of the respective instruments of ratification of that treaty is carried
out.
107
Consequently, they proceed to exchange the respective Instruments of Ratification of the
Treaty on the Delimitation of Marine and Submarine Areas, signed in the city of Bogotá,
on the 6th day of April 1984, with which the aforesaid instrument enters into force today,
the 20 of February 2001.
For the Government of the For the Government of the
Republic of Costa Rica Republic of Colombia
(signed) (signed)
ROBERTO ROJAS GUILLERMO FERNANDEZ DE SOTO
108
COLONIAL DOCUMENTS
109

Annex 19
LETTER ADDRESSED BY THE ISLANDERS OF SAN ANDRÉS TO THE
KING OF SPAIN, 25 NOVEMBER 1802. ENCLOSURE II OF TOMÁS
O’NEYLLE’S LETTER OF 5 DECEMBER 1802
(M. PERALTA, Límites de Costa Rica y Colombia, Madrid, Manuel Ginés Hernández
Impresor, 1890, pp. 176-182)
San Andrés, November 25, 1802.
Sir:
The inhabitants of the Island of San Andrés, humbly kneeling before Your Royal
Majesty’s feet, request the establishment -arising from the favor we received from your
Royal Mercy, and our establishment under the royal care and protection having been
established- the designation of Captain Mr. Tomás O’Neylle that was made in the year of
1795, by your government, but the latter did not arrive to the Island until April 1797, since
he was engaged in the French part of Santo Domingo in affairs of the Royal Service. As
soon as he arrived, we devoted ourselves to the cultivation of our lands, and began to
embark our cotton, that is America’s best, to the Port of Cartagena, and we continued to
work not only on our plantations but in the rehabilitation of roads and in the preparation
for developing the colony, under the direction and views of our governor; but despite the
reasons given by him, on his arrival, to the Captain General of Guatemala, including a
request for the inhabitants and the slaves, requesting the shipment of 25 or 30 men, a
chaplain and other things he needed for the establishment of the colony, after six months,
he received a reply to continue onwards to the Province of Nicaragua, through the San
Juan River, to receive orders or instructions regarding the defense of this island.
According to such orders from his superiors, he left here in November of the
same year, assuring us that he would return within two months, but unfortunately, these
two months became three years; this is due to his having been named Commander in the
Fort of San Carlos for four or five months; during another period of time he was in
charge of the naval force in that lake and later he got to be Commander of the Station in
Trujillo, Honduras, charge to which he resigned after 18 months in response to our clamor
and due to the insurrection of slaves that took place in October 1799, and if it had not
been for the miraculous arrival of the navy lieutenant Nicolás de Toro, on board of His
Majesty’s ship “San José”, God knows how far the issue would have gone in the critical
situation in which we found ourselves at the time.
During the absence of our governor, we have undergone all the calamities that
can be mentioned. We were invaded by the corsairs of Jamaica on a daily basis, one of
111
which, disembarked with more than 50 men with the purpose of stealing blacks and looting
our houses; but not having succeeded in his purposes, due to our resistance, they took
two small vessels from the port. On several occasions, they took 6 vessels loaded with
cotton that we had to send to Cartagena, and for a long time we suffered from the lack
of food because we were dispirited to cultivate due to the fear of being attacked by these
enemies and, not having an authorized person to make decisions in favor of our properties,
they would have done a series of pillages with everything we had.
After all of these difficulties and when we were hoping that peace would bring
happiness, and our trade would grow again, trusting in the pious hear of Your Majesty
and in the efforts and good disposition that our governor has towards us, we found out
that this latter completes his mission in five years, including the three during which he
was absent, and that he aspires to a better position. He has sufficient reason in this, his
health has worsened since he began holding this post. The salary he receives of 2.000
pesos a year is not enough either, with no other type of emolument for his sustenance,
because he never wanted to receive payment that he was legally entitled to for writing
documents and that, in the absence of a notary public, he would certify.
In this dubious situation in the sense of whether he was leaving or not, before the
aforementioned term expires, we have an enormous concern. We do not doubt that Your
Majesty’s Navy has many officers that are well prepared to perform in this position and
others of higher importance, but in this governor we find the three qualities of chief,
father and friend, all of them in the same proportion. He speaks our language like one of
us; he is well informed through the experience that he accumulated since 1789 when he
came to this island, commissioned by the Viceroy of Santa Fe. He keeps the colony
under the best police administration; he treats people with great kindness and chivalry;
he is devoted to agriculture, tries to improve the region to make this possession of Your
Majesty’s useful, and getting us and our children to establish ourselves in a happy condition.
He has been the baptismal godfather of 2/3 of our children.
Such is the affection we rightly have for him, however, it is not our intention to insist
in our interest and prejudice him in his promotion and wellbeing, in requesting that his mission
term be extended. We humbly request that Your Majesty, in case he is promoted, fill his
post with an officer that speaks English, since no other language is spoken in the colony, due
to the non-fulfillment of Your Royal Majesties provisions and that there are currently no
other Spaniards than the governor and a few other residents. Your Majesty could send some
Spanish families, an elementary teacher and a chaplain. To date, none of this has been done.
If we had had at least 25 soldiers, as our governor requested, some of them would have married
daughters of the island and there would have been many more families of our own land.
This was the idea of the governor and it would have been of great benefit.
All of this delay and disturbance of our wellbeing occurred due to the fact that
this island has been annexed to the kingdom of Guatemala that is located so far away and
the receipt of an answer from our Captain General takes six or seven months, causing
great prejudice to our affairs.
112
The Port of San Juan of Nicaragua is the closest one in that kingdom; but the
river is abandoned and has a guard of only 4 men and of a company in the port, at its
mouth, and it takes ten days to navigate said river to the Fort of San Carlos, where there
is nothing but fever and misery.
This would not be necessary if this island were to depend, as it did before, on the
Viceroyalty of Santa Fe, because Cartagena is a commercial port, it is at the shore of the
ocean and it is a four day round trip, due to the fact that the winds, in general, are favorable
in this part of the world, both going and returning, due to the islands situation. We
have always carried out our trade there and through its merchant ships, we have made
our connections with the ports of the peninsula to ship our products directly thereto.
This is not the case with Guatemala, because in addition to how impossible our
connections with the kingdom would become, due to the distance, there is the notorious
opposition of those merchant ships to any trade that does not go by the route of Omoa,
they reject traffic along the San Juan River and consequently, they do not care for this
island and they resent its growth because of how favorable it may be for trade with San
Juan of Nicaragua die to its location, and thus, we have reason to believe that they are
the cause that no effort to promote our colony has been made. And we have even heard
rumors that this Island cannot be of use to the crown and that H.M has better uninhabited
possessions. When this settlement, the terrain of which is entirely cultivated, has not
implied costs for your Royal Treasury other than the salary of the Governor, and it can
produce, for the upcoming year, if there is a regular crop, over four thousand quintales
[1 quintal = 46 kg] of the finest cotton known. The factories of the metropolis will very
soon experience the quality thereof, since about a hundred and twenty quintales are en
route to Cartagena, to be submitted to Cadiz and Barcelona, and we will send a shipment
from this Island to Europe in the spring. It is expected that it will no longer be expensive
for the State and that it will be able, with the income from the taxes charged in due
course, to maintain the employees and garrison that are indispensable for the decorum of
the flag and the safety of the lives and lands of H.M.’s subjects, which is why we likewise
implore your Royal kindness to determine that this Island be of the jurisdiction of
the Viceroyalty of Santa Fe, in all aspects and absolutely independent from the
Presidency of Goatemala. Through your Viceroy we have addressed earlier requests and
representations to Your Royal clemency, and through him we have received the mercy of
H.M.’s pious and paternal heart and we so implore H.M. that It be through Cartagena that
we learn of H.M.’s pleasure, because via Goatemala it would not get to us until eighteen
or twenty months later, because it goes to México, via Veracruz and then, by land to
Goatemala; from there to the provinces and then it would descend to the mouth of the
San Juan River until by coincidence, a fishing boat of this Island carrying the correspondence
of our Governor, which he receives every five or six months, arrives there.
113
(…)
We remain, sir, with the firm hope, based on the paternal affection of H.M. towards his
subjects, that you will grant us the requests we humbly put forth and we pray to the
Almighty to preserve H.M.’s life for countless years.
Island of San Andrés, November twenty-fifth, one thousand eight hundred and two.
To the R.s P. of H.M.
On behalf of all the inhabitants
Roberto Clark, Procurator.
Isaac Brooks, Solomón Taylor, Juan Taylor, Mayor; Jorge Ollis.
Minister of War.
It is a copy
Ameller.
114
Annex 20
REPORT FROM THE JUNTA OF FORTIFICATIONS AND DEFENSE,
2 SEPTEMBER 1803
(M. ESGUERRA, LA Costa Mosquitia y el Archipiélago de San Andrés y Providencia,
San José, Costa Rica, Imprenta María v. de Lines, 1925, pp. 31-35)
REPORT
THAT THE JUNTA OF FORTIFICATIONS OF THE INDIES SUBMITS TO THE
KING ABOUT THE REPRESENTATIONS OF THE GOVERNOR OF SAN
ANDRÉS, D. TOMÁS O’NEYLLE, OVER THE MOSQUITO COAST AND ITS
AGGREGATION TO THE VICEROYALTY OF SANTA FÉ.
Madrid, 2 September 1803.
Sir:
The Junta of Fortifications and Defense of the Indies has attentively examined the representations
of the Governor of the islands of San Andrés and his neighbours of 5
December last, sent for the examination of that Junta by Royal Order of 26 August last.
(…)
And to avoid the long delay they would have to undergo in order to get the answer, if it
were to be done through Guatemala, it would be more convenient to send it through
Cartagena, whence it is easier and they can soon get it due to the shorter distance the
island is located from that port, where for this reason the settlers send their personal
effects.
(…)
Thus, the defense and growth of the island of San Andrés, is no less important, because
being located at twelve and a half degrees latitude North, distant a little over one hundred
leagues from Cartagena, and roughly forty from the coasts of the Kingdom of
Guatemala and the mouth of the San Juan de Nicaragua river, it offers an excellent stop
and supporting point to maintain and attend the last settlements of the deserted Mosquito
Coast, and to promote with time those which in them were proposed again by the Junta
in Cape Gracias a Dios and the bay of Bluefields in the consultation that was submitted
115
to His Majesty dated 5 August last. But in order for this to have a better and sooner
effect, it is convenient that these settlements, up to Cape Gracias a Dios, inclusive,
depend from the Viceroyalty of Santa Fé, ON WHOSE VICEROY MUST ALSO
DEPEND IN ALL FIELDS (JUST AS THEY WERE BEFORE) THE ISLANDS OF
SAN ANDRES, both for their bigger proximity and for the swift maritime assistance
they can get, for which the Viceroy shall have the orders given to the Commander of the
post of Cartagena, whose Governor shall equally have instruction and faculties from the
Viceroy to facilitate them, according to the circumstances, and so that he can solicit them
and reach an understanding with the Governor of San Andrés, to whom it is conducive
to send, in the terms he requests, a detachment of thirty men of proven honesty, with a
sergeant and two or three corporals and the corresponding ammunitions, and a good subordinate
who knows, if possible, the English language, and who imitates and learns the
good maxims of O’Neylle, to whom he is bound to be second in command, to rule the
islands in his absence, and it shall be even more advantageous if that detachment of chosen
people remains permanently in the island, where the soldier who marries a wealthy
woman must be given full license to increase the number of colonists, requesting Cartagena
in this case for his replacement, with which the love for the military service shall
be step by step fomented in those natives so that when the time comes proportionate
militias can be formed in their neighbourhoods, that, having the main island some ten
square leagues, it may ascend in a few years to over forty thousand inhabitants; although
it shall be with the impediment that many of them are black and of mixed race, because
of the big number of slaves that are already settled, for whose subjection in due submission,
is also useful the said detachment, from which if any of them were to marry a
woman with no wealth, he may continue as a soldier during the time of his posting; to
determine if the woman is poor or rich, shall be a particular matter for the Governor of
the island to determine.
Even if the reasons laid down and the commercial relations residents of San Andrés have
with those of Cartagena were not enough for those islands to be dependent from the
Viceroyalty of Santa Fé, their local situation makes it impossible for them to depend
from the Governor’s Office of Guatemala from which they could not in any case or circumstances
get help because the distance between them is big, and most of it has to be
circulated by ways difficult to transit by, being this so obvious, that the Junta of
Guatemala decided in the year 97 that not being able to help the island of San Andrés,
should its Governor O’Neylle stay in the continent until peace (would be reached), leaving
the island completely abandoned, and this is how for the uncertain and unsafe correspondence
from San Andrés to Guatemala six to seven months are needed, when every
week they can get it through Cartagena. These same reasons concur with a small difference
in what respects the insinuated settlements of the Mosquito Coast, and thus NOT
EASILY THEY WOULD PROGRESS, NOT BEING JOINED AND DEPENDENT
FORM THE VICEROYALTY OF SANTA FE, being, Sir, undoubtedly the multiplication
of those voluntary settlements the most effective and powerful way to tame or exterminate
the angry Indians that if separated from the coasts would split for themselves, or
at least could never join with the English, without it being an obstacle that from
Guatemala depends a cape’s lookout post and four men in the mouth of the San Juan
116
river, being this one an outpost of the San Carlos’ Castle, located on this river before
reaching the Nicaraguan lagoon.
This is the view of the Junta about the indicated representations, paying attention only
to what is in the best interest of His Majesty, who shall resolve completely what is of his
liking.
(…)
117

Annex 21
REPORT FROM THE JUNTA OF FORTIFICATIONS AND DEFENSE,
21 OCTOBER 1803
(M. ESGUERRA, LA Costa Mosquitia y el Archipiélago de San Andrés y Providencia,
San José, Costa Rica, Imprenta María v. de Lines, 1925, pp. 35, 37-38)
REPORT
That the Junta of Fortifications of the Indies submits to the King about the
representations of the Governor of San Andrés, D. Tomás O’Neylle, over the
Mosquito Coast and its aggregation to the Viceroyalty of Santa Fe.
Second Report of the Junta of Fortifications and Defense of the Indies:
Madrid, 21 October 1803.
Sir:
The Junta of Defense Fortifications of the Indies in a consultation of 2 September last,
expressed how useful and convenient would be that the islands of San Andrés, for their
promotion and conservation, depend from the Viceroyalty of Santa Fe, because of the
long distance they are located away from Guatemala and how unpopulated the province
is because of the coasts of the Northern sea, and the ruggedness of its roads, do not allow
to get help or aid from it in any time (as experience has demonstrated) not even in times
of peace, if it is not with great difficulties and very expensive and damaging delays.
(…)
Note of the Secretary of the Office of Pardon and Justice of Spain, D. Miguel Cayetano
Soler to the Captain General of Guatemala:
The Junta of Fortifications and Defense of the Indies, in consultation of 2
September and 21 October last, has expressed its opinion on the promotion, population
and defense of the islands of San Andrés, their segregation and the part of the Mosquito
Coast that extends from Cape Gacias a Dios inclusive up to the Chagres river, of that
Captaincy General, and their incorporation to the New Kingdom of Grenada; and having
the King agreed with the ruling of the Junta, I transmit to H.E. by order of H.M. (as
119
well as to the Viceroy of the mentioned Kingdom) copies of those consultations for your
intelligence and compliance with the corresponding part.
(…)
120
Annex 22
ROYAL ORDER OF 30 NOVEMBER 1803
(Archivo General de Indias de Sevilla, España,
Sección Gobierno. Audiencia de Guatemala, Legajo 844)
(…)
“Your Excellency. The King has resolved that the Islands of San Andres and the part of
the Mosquito Coast from the Cape Gracias a Dios, included, towards the Chagres River
be segregated from the General Captaincy of Guatemala and dependent upon the
Viceroyalty of Santa Fe, and His Majesty has seen fit to grant to the Governor of the said
islands, Don Tomás O’Neilly, the yearly salary of $2.000 strong pesos [pesos fuertes],
instead of the one thousand two hundred which he currently enjoys. I am giving notice
to Your Excellency of the Royal Order, with the purpose of having the Ministry under
your charge issue the corresponding ones, for the fulfillment of this sovereign resolution.”
“Which I transmit to your Excellency by order of His Majesty for its due fulfillment.
“God may keep Your Excellency many years. San Lorenzo, 30th November 1803. Soler.
Excellency the Viceroy of Santa Fe.
(…)
121

Annex 23
LETTER ADDRESSED TO DON JOAQUÍN FRANCISCO FIDALGO,
FROM MANUEL DEL CASTILLO YARMENTA,
CARTAGENA, 9 FEBRUARY 1805
(Cuervo B., A., Colección de documentos inéditos sobre la Geografía y la historia
de Colombia, Sección 1ª Geografía y Viajes - Vol. I, Costa Atlántica. Bogotá,
Imprenta de Vapor de Zalamea Hermanos, 1891, pp. 367-369)
“H.E. having decided on 1st December that I depart and carry out the reconnaissance and
location of the shoals of Comboy, Nuevo, Serranilla, Serrana and Roncador I set sail
from this port [Cartagena] with the brigantine Alerta and the schooner San Jose (AKA la
Industria) on the afternoon of the 12th of the same month and the morning after from
Bocachica moving to set anchor in Sabanilla in order to verify there the state of the
chronometers. A strong breeze and the state of the seas produced some damages to the
hull and riggings of the brigantine and the schooner needing more weight I stayed at the
harbor in Punta de Canoas in order to remedy the former and to board the latter, and finishing
those tasks on the afternoon of the 16th I started the trip to my destination. With
some difficulty and fresh damage in the riggings and sails I managed to reach Sabanilla,
a feat that the schooner could only accomplish on the 23th, having had to stop twice along
the coast in order to arrange the sails. On the 25th we realized that we had achieved a
good timing and the chronometers maintained with very little difference the paces
assigned in Cartagena, so I left Sabanilla heading to intercept by 20 leagues east of
Comboy the parallel of this shoal and continue towards the east in reconnaissance. As
the more trustable notice we had of this shoal was that provided by the pilot of the
Brujula hull, who assured that he had seen it at Latitude 15 25' I decided that the brigantine
ran along that parallel and the schooner through it portside at a distance of 6 miles,
thus reconnoitering some 12 miles, at the least, of difference in Latitude. With the night
approaching we made a round by the north and tried to keep the last meridian overnight,
so that in the morning we followed the same parallels by means of the Latitude registered
with the moon, the polar star or any other star and double check that by noon time
and in this fashion we proceeded the reconnaissance up to 14 leagues east of the position
of Comboy (according to the chart from the deposit concluding the last of December
without having seen it. On 1 January of the current year we sighted Bajo Nuevo on its
northern part the latitude of which we observed on the same date, while being close to
it…on the following morning we came close to its cay or sand islet… The unsheltered
state of the ships to withstand a Northwest [wind] that the season and sky seemed to
threaten, made me leave the shoal, sending the brigantine to observe the latitude in the
southernmost part and from there, to go to Serrana to carry out its reconnaissance and
locate it, while I, onboard the schooner along with Navy Lieutenant Don Torcuato
123
Piedrola of your troops, with compass 383 [sic] went on to that of Serranilla without
being able to perform a further reconnaissance thereof because I had no one with practical
skills on that shoal with me and its appearance was terrifying with the strong wind
that was blowing. From there, I moved on to Serrana after having sailed four days looking
for it due to its erred location and we carried out its reconnaissance and it was duly
located, particularly in its northern and southern ends and eastern part… I moved on to
Roncador and once the reconnaissance and location thereof was done, I went to the
island of Santa Catalina where I found the brigantine dismasted of its mainmast, its log
worn out at the top with a loss of its running riggings due to their having been missing
as well as the top of the lower mast, topmast and its riggings. From that point, I only
attempted to enable the brigantine to sail back to Cartagena having to ply to windward
over a hundred leagues to that effect and, consequently, seeing as the main shoals were
thus located and that there were detailed charts of the islands of Santa Catalina and San
Andrés, I only tried to locate them with respect to their latitude and longitude that was
verified on the second island when I sent off the schooner soon after my arrival at Santa
Catalina.
(…)
May God save Your Excellency many years.
Cartagena, 9 February 1805.
MANUEL DEL CASTILLO Y ARMENTA
124
DIPLOMATIC CORRESPONDENCE
125

Annex 24
DIPLOMATIC NOTE FROM THE COLOMBIAN FOREIGN MINISTER,
PEDRO GUAL, TO THE COMMANDER-IN-CHIEF OF THE BRITISH NAVAL
FORCES IN THE WESTERN INDIES, VICE-ADMIRAL SIR LAWRENCE
HALSTEAD, 19 JUNE 1824
(Gaceta Oficial, N° 57, Bogotá 17 October 1824)
(…)
Since the year 1819, the provinces that made up the Captaincy-General of Venezuela and
the Viceroyalty of the New Grenada, united in a single national body under the title
Republic of Colombia. Thus, in our primitive constitution, as well as in the one promulgated
in a more solemn manner on 18 July 1821, it was stipulated that the limits of the
Republic would be those that Venezuela and the New Grenada would have when they
were subject to the jurisdiction of the King of Spain.
Long before this important act of union, the limits of the New Granada were perfectly
defined and demarcated. They reached the coasts neighboring the island of Jamaica until,
and including, Cape Gracias a Dios, with the islands of San Andrés, Vieja Providencia
and other adjacent ones. The stretch of coast comprised between Cape Gracias a Dios
and the Chagres River belonged to the Captaincy-General of Guatemala for a while, but
all this territory was definitively ascribed to the New Granada, on 30 November 1803.
Since that time, the Spanish authorities exercised over them, as they did over the others
comprised within their respective jurisdictions, all the acts befitting the high dominion
and lordship that Spain held over the cultivated and uncultured lands of the former New
Granada, and which are now completely in the possession of the Republic of Colombia.
(…)
127

Annex 25
NOTE N° 52 FROM THE GOVERNOR OF THE PROVINCE OF CARTAGENA
TO THE UNITED STATES CONSUL IN THAT CITY, 22 NOVEMBER 1854
ENCLOSING 1854 DECREE BANNING GUANO EXTRACTION IN THE
ARCHIPELAGO OF SAN ANDRÉS
(General Archives of Colombia, files of the Ministry of Foreign Affairs,
Bogotá Folder N°9)
Republic of the New Granada
Governorship of the Province (of Cartagena)
Circular No. 52
Cartagena, 22 November 1854
Dear Sir,
I have the pleasure of enclosing a copy of the “Crónica Oficial”, so that you may impose
yourself of the contents of the Decree issued by this Governorship prohibiting every
extraction of guano from the group of islands that form the Canton de San Andres, in this
province.
In view of the said Decree, it is expected that you will take the necessary measures in
order to inform accordingly to the citizens of the United States resident at this location.
With kind regards, I remain, truly yours,
(signed) Rafael Núñez
[Enclosure follows]
129
[Enclosure, Note N° 52 from the Governor of the Province of Cartagena to the United
States Consul in that city, Mr. Ramon Leon Sanchez, enclosing 1854 Decree prohibiting
guano extraction on the islands that form part of the Canton of San Andrés, 22 November
1854, Annex 25]
It is authentic - The 1st officer in charge of the Secretariat of the Governorship, Luis
Maria de Ochoa
OFFICIAL CHRONICLE
OF THE PROVINCE OF CARTAGENA
15TH Quarter Cartagena, 19 November 1854. N° 127.
Forbidding the extraction of guano from the islands that are part of the Canton of San
Andrés
The Governor of the Province of Cartagena,
Considering:
That the any vacant lands comprised in the national territory and the products of
those lands are the exclusive property of the Republic, by the legal powers vested in him,
Decrees:
Art. 1.° Any extraction of guano from the recently discovered deposit in the
District of Providencia, or from any other that may be discovered in the future in the
group of islands that form the Archipelago of San Andrés, is hereby prohibited.
Art. 2.° Those infringing this prohibition shall be considered and prosecuted as
defrauders of the Republic's finances.
Be it made known to all the Consuls residing in this location; to the Political Chief of
San Andrés for its strictest compliance, and to the Chargé d'Affaires of the Republic to
the United States Government for matters of his competence.
Done at Cartagena, on 15 November 1854 - RAFAEL NÚÑEZ.-The Secretary, Henrique
P. de la Vega.
130
Annex 26
DIPLOMATIC NOTE FROM THE COLOMBIAN MINISTER IN
WASHINGTON TO THE DEPARTMENT OF STATE, 8 DECEMBER 1890
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
131
132
133
134
Annex 27
DIPLOMATIC NOTE N° 5 FROM THE CHARGÉ D’AFFAIRES OF
COLOMBIA IN WASHINGTON TO THE SECRETARY OF STATE,
18 JANUARY 1893
(Translation by the Department of State, National Archives, College Park, MD)
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149

Annex 28
DIPLOMATIC NOTE FROM THE REPRESENTATIVE OF THE KINGDOM
OF SWEDEN AND NORWAY IN WASHINGTON TO THE SECRETARY OF
STATE OF THE UNITED STATES, 27 OCTOBER 1894
(Translation by the Department of State, National Archives, College Park, MD)
Document on page to follow
151
152
Annex 29
DIPLOMATIC NOTE FROM THE UNITED STATES MINISTER IN BOGOTA
TO THE COLOMBIAN FOREIGN MINISTER, 2 JANUARY 1895
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
153
154
155
156
157

Annex 30
DIPLOMATIC NOTE FROM THE COLOMBIAN FOREIGN MINISTER TO
THE UNITED STATES MINISTER IN BOGOTÁ, 17 JANUARY 1895
(1896 Report to Congress by the Colombian Foreign Minister, Vol. I, 1896, p. 22)
Republic of Colombia - Ministry of Foreign Affairs - Bogotá, 17 January 1895
Dear sir,
By a letter dated the 2nd of this month, and with regard to official information received
by the Government of the United States concerning the instructions sent by that of
Sweden and Norway to its Representative in Bogotá, with a view to call the attention of
the Colombian Government on the convenience of installing a lighthouse on the island
of Roncador, in the Caribbean Sea, Your Excellency has been kind in representing to me
the existing dangers for navigation in the vicinity of that island, recalling at the same
time the loss of the steamship Kearsarge, and informing me that the Government of the
United States recommends with vehemence the idea of the Swedish Government and
would be happy to learn that the building of that lighthouse, which is so needed, has been
decided.
Indeed, by note of 20 November last, the Representative of Sweden and Norway in
this capital, following instructions from its Government, presented to the Ministry
of Foreign Affairs a statement by the captains of the merchant navy of Bergen
where the circumstances that require the urgent building of the said lighthouse are
described.
Due to this, and the Cay of Roncador being comprised in the Archipelago of San Andrés
and San Luis de Providencia, that is an integral part of the Colombian territory, the
Minister of Finance is already dealing with the study of the matter and has requested
from the Governors of Bolívar and Panamá certain information that is required in order
to take a decision in that regard.
159
I am pleased to respond in this fashion to your kind letter and I avail myself of this
opportunity to renew to Your Excellency the assurances of my highest consideration.
(signed - J.M. Uricoechea)
To His Excellency
Luther F. McKinney
Envoy Extraordinaire and Minister Plenipotentiary
of the United States, etc, etc, etc
160
Annex 31
DIPLOMATIC NOTE FROM THE NICARAGUAN FOREIGN MINISTER TO
THE COLOMBIAN FOREIGN MINISTER, 14 MARCH 1896
(Archives of the Ministry of Foreign Affairs of Colombia)
Ministry of Foreign Affairs - Republic of Nicaragua - National Palace - Managua,
14 March 1896
Mr. Minister:
I have the honor to reply to H.E.’s kind note dated 8th of last month, in which you propose
to settle by means of an arbitration the question you say is pending with (the
Government of) Colombia over the strip of land comprising, in the Atlantic coast, from
the Culebra river up to the Cape Gracias a Dios.
My Government does not believe, Mr. Minister, that there can be any doubt about the
possession and exercise of sovereignty that, with no one’s contradiction, it has exercised
and continues to exercise over the territory H.E. speaks of. - Already, on 16 September
1880, Your Government was submitted a reply, copy of which I enclose herewith, by my
predecessor in this Ministry, Mr. Adán Cárdenas, and I understand that since then until
now, Nicaragua’s rights not only have not changed, but rather have become more effective
and have been recognized without opposition.
There being then no dispute whatsoever between Nicaragua and Colombia, the arbitration
proposed by H.E. lacks any purpose.
I appreciate the good will of that Government towards mine; and it is a pleasure for me
to assure, through H.E., that the same good feelings inspire the people and Government
of Nicaragua towards the people and Government of Colombia.
With all my appreciation, H.E.’s most attentive servant,
(Signed) JOSÉ D. GÁMEZ
161

Annex 32
DIPLOMATIC NOTE FROM THE NICARAGUAN MINISTER IN PARIS, MR.
CRISANTO MEDINA, TO THE FRENCH FOREIGN MINSTER, MR.
DELCASSÉ, 22 SEPTEMBER 1900
(Copie Certifiée Conforme á l´Original Conservé aux Archives du Ministère des
Affaires Etrangères de la République Française.
Paris, le 09 avril 2002. Le Directeur des Archives, Yvon ROE d´Albert)
Paris, 22nd September 1900
I have the honor to make known to Your Excellency that the islands, banks, cays and
islets, located in the sea of the Antilles, are under the dominion and property of the
Republic of Nicaragua, between the 11th and 15th parallels of latitude North, to the East
of the Atlantic Coast of the Republic of Nicaragua and until 84°30' of the Paris meridian,
to which they incontestably belong geographically and jurisdictionally, and that are
currently militarily occupied, and politically administered by the authorities of the
Republic.
The Republic of Nicaragua came into peaceful possession of such islands through the
Treaty of Managua of 28 January 1860 with Great Britain.
I was therefore deeply astonished to read, in the arbitral award rendered on the 11th of
this month by His Excellency the President of the French Republic, in his capacity as
arbitrator in the territorial border dispute between the Republics of Costa Rica and
Colombia, that: the Mangle Chico [Little Corn] and Mangle Grande [Great Corn]
islands, as well as all the other islands, islets and banks comprised between the
Mosquito Coast and the Isthmus of Panama, without exception, belong to the United
States of Colombia.
My government has always rejected Colombia’s claims, as I beg Your Excellency to see
in the attached copies of the replies given by the Foreign Ministers of Nicaragua to those
of Colombia, on 16 September 1880 and 14 March 1896.
The Government of Nicaragua has not intervened in the Arbitration and I believe it to be
my duty to respectfully recall to Your Excellency that Article III of the Additional
Convention of Paris, concluded between Costa Rica and Colombia on 20 January 1886,
provides that the arbitral award: shall be circumscribed to the territory in dispute and
may in no way affect the rights that a third party that has not intervened in the arbitration
may claim as to the property of the territory comprised between the stated limits.
163
The Republic of Costa Rica not having stated any claims whatsoever over those islands,
that fall entirely outside its jurisdiction, the arbitral award had no reason to deal with
them, and hence the aforementioned award may in no way prejudice the incontestable
rights of the Republic of Nicaragua. (Between Cape Gracias a Dios and the Escudo de
Veragua island).
While I await instructions from my Government, instructions that shall not fail to arrive
soon, I allow myself to make these respectful considerations to Your Excellency.
Because I have the highest confidence in the great wisdom and spirit of equity of His
Excellency, the President of the Republic, and because I dare to expect that they will suffice
for him to see fit to suppress, from the Arbitral Award, the second clause of its dispositive
that impairs the rights of a friendly nation that did not take part in the arbitration,
and that runs counter to a contractual provision between Costa Rica and Colombia,
and a recognized principle of international law proclaimed in 1865, with the avowal of
prominent French jurists, by the Institute of International Law.
(Signed) Crisanto Medina
164
Annex 33
DIPLOMATIC NOTE FROM THE FRENCH FOREIGN MINISTER, MR.
DELCASSÉ, TO THE NICARAGUAN MINISTER IN PARIS, MR. CRISANTO
MEDINA, 22 OCTOBER 1900
(Memoria presentada al Congreso Nacional por el Ministro del ramo Ingeniero Dn.
J. A. Urtecho, Managua, Tipografía Alemana de Carlos Heuberger, 1917,
Vol. II, p. 404)
REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS
Legation of Nicaragua
Paris, 22nd October 1900
Mr. Minister:
By a note dated 22 September last, you were kind enough to apprise me of the rights that
the Republic of Nicaragua was in a position to uphold over certain islands of the Coast
on the Atlantic and in particular, over the Mangle Chico and Mangle Grande [Little and
Great Corn] islands mentioned in the Arbitral Award issued by the President of the
French Republic on the 11th of the aforesaid month between Colombia and Costa Rica.
To that end, You invoke the Treaty concluded between those two States on 20 January
1886 regarding their respective delimitations and according to the terms of which the
arbitration may not affect the rights that a third party might claim as to the property of
the territory in dispute.
Taking that convention into account, as well as the general rules of ius gentium, in designating
the islands listed in his Award in a nominative manner, the Arbiter has intended
nothing but to state that the territory of those islands, mentioned in the Treaty signed
on 30 March 1865 by the Republics of Costa Rica and Colombia, does not belong to
Costa Rica.
In those circumstances, the rights of Nicaragua over these islands are unaffected as
heretofore, not having the Arbiter set out to in any way settle a question that had not been
submitted to him.
165
Please accept the assurances of my highest consideration by which I have the honor to
be, Mr. Minister, your most attentive and obedient servant.
(Signed. Delcassé)
To His Excellency mister Crisanto Medina, Minister of Nicaragua. - Paris.
166
Annex 34
DIPLOMATIC NOTE FROM THE FRENCH FOREIGN MINISTER, MR.
DELCASSÉ, TO THE COLOMBIAN MINISTER IN PARIS, MR. JULIO
BETANCUR, 26 OCTOBER 1900
(Copie Certifiée Conforme á l´Original Conservé aux Archives du Ministère des
Affaires Etrangères de la République Française.
Paris, le 09 avril 2002. Le Directeur des Archives, Yvon ROE d´Albert)
PARIS, 26 October 1900
Mr. Betancourt
Colombian Minister in Official Mission.
In Paris.
Mr. Minister:
By a Note sent to the Foreign Ministry on 22nd September last, the Representative of the
Republic of Nicaragua in Paris has stated the rights that his government would be in
capacity to uphold over the Mangle Chico and Mangle Grande [Little and Great Corn]
islands mentioned in the Arbitral Award rendered on 11 September of the same year
between Colombia and Costa Rica.
He invoked on this occasion the treaty concluded by both States on 20 January 1886,
with a view to their respective delimitation and to the terms thereof according to which
the arbitration in question may not affect the rights that a third party might claim as to
the property of the territory in dispute.
I have the honor to forward you a copy of the dispatch I addressed to Mr. Crisanto
Medina in response to his observations, and I would appreciate it if you could acknowledge
receipt of this document.
167

Annex 35
DIPLOMATIC NOTE FROM THE COLOMBIAN MINISTER IN LONDON
TO THE BRITISH FOREIGN OFFICE, 19 FEBRUARY 1913
(General Archives of Colombia, 1913)
Document on page to follow
169
170
Annex 36
DIPLOMATIC NOTE FROM THE NICARAGUAN FOREIGN MINISTER TO
THE COLOMBIAN FOREIGN MINISTER, 24 DECEMBER 1913
(Archives of the Ministry of Foreign Affairs of Colombia)
Managua, 24 December 1913
Mr. Minister:
After considerable delay this Office has received Your Excellency´s note of 25
September last, wherein you include legalized copy of another [note] that Your
Excellency represents to have addressed to this Secretariat dated 9 August last, through
the Nicaraguan Legation in Washington.
This, and the fact that the Nicaraguan Minister to the United States, according to
a cable from the Legation dated 22 December, has received no note from the Colombian
Foreign Ministry, shall serve as sufficient explanation to Your Excellency to justify the
silence of this Government and its delay in replying precisely and with the urgency that
the situation demands regarding the important questions that Your Excellency raises in
the aforementioned documents.
Your Excellency’s note of 9 August states that the Government of Colombia has
objected to Article 2 of the Treaty between Nicaragua and the United States, leasing
Great Corn Island and Little Corn Island in the Caribbean to the United States, on the
grounds that Colombia has sovereign rights on incontestable title, and that your
Government has drawn the attention of my Government to this on more than one occasion;
and that you protest at what Your Excellency calls ‘acts of usurpation’ over those
islands.
Your Excellency adds that the terms of the agreement, published in the press of
North and South America, again oblige your Government to protest formally that
Colombia’s rights of sovereignty have been ignored and you repeat the reservations contained
in several notes sent to my Government by several of your predecessors. Your
Excellency concludes that the Colombian Minister in Washington has received instructions
to express those reservations to the U.S. Secretary of State.
Your Excellency will allow me to reply that since there is a treaty, not yet formalized,
between the United States and Nicaragua, of mutual convenience to the two countries,
kept secret for international reasons and only affecting the countries signing it, I
171
cannot enter into any discussion of any kind of any clause which that agreement might
take.
Further, Your Excellency refers to unofficial press reports on this matter as the
basis of the notes which I have the honor to reply to, in order to make statements with
regard to Colombian sovereignty over Great and Little Corn Island, following the
protests of Your Excellency’s predecessors, without adducing any new reasons for the
rights claimed. I therefore thing it my duty to adopt and restate replies given to your
Chancery by Nicaraguan Ministers of Foreign Affairs, Dr. Adán Cárdenas in 1880, Dr.
Benjamín Guerra in 1890, Don José Dolores Gámez in 1896, all of whom refuse to recognize
any alleged rights of Colombia over Mosco territory; all of which deny any shred
of doubt or question in law, that Nicaragua has plain and unblemished rights to that territory,
and reject totally the idea of arbitration proposed by Your Excellency’s
Government since they consider that Nicaragua’s rights are clear and unquestionable and
that therefore there is no territorial dispute between the two countries.
I could end my reply at this point, but I am bound by the untouchable rights of
Nicaragua to state that in legal terms, the only title to the Mosquito Coast and adjacent
islands cited in Your Excellency’s notes is transitory and no longer exists -, the Royal
Order of San Lorenzo dated 30 November 1803, signed by Minister Soler.
In effect, Minister, an administrative and merely military document, issued for
defense purposes, can hardly be interpreted as claimed, as any serious or formal title of
ownership and sovereignty.
The fact that it was an administrative, transitory and simply military measure can
be seen from the fact that it was no more than a Royal Order. If it had been intended to
segregate territory, it would have been issued as a Royal Decree, with all the necessary
ceremony, and stated to be issued by the King who would have signed it himself or at
least initialed his Minister’s signature, after an audience of the Council of the Indies.
I trust that I do not offend Your Excellency’s renowned learning by noting here
that there is a great difference between a Royal Order and a Royal Decree, and by asking
which of the two supreme forms of instruction would have been required to deprive
a Province of a whole coast which was then (as it is now) the lifeline of its trade.
Your Excellency will certainly not fail to appreciate the scope of the Royal Order,
since it was dictated upon the recommendation simply of the Fortifications and Defense
Board, and not of the Council of the Indies which would have been the appropriate
authority for the segregation of a territory, as suggested. That the Board was then consulted
and sent reports dated 20 September and 21 October 1803, that the object of the
measure was to protect the coasts with patrols from Cartagena, and finally, that the
Secretary for War was involved in the matter, without either Audience being informed of
the fact.
172
Eminent Colombian commentators on this matter have said the same. One was
Don Pedro Fernández - Madrid, former Minister of Foreign Affairs, who spent almost all
of his life on the border problems of his country, and became an authority on the matter.
He wrote a paper on the value of Colombia’s title to the Mosquito Coast on 29 November
1852, published in El Repertorio Colombiano, Issue 48, June 1882, as if in response to
consultation of the Government of Nueva Granada on October 12 and November 2 of
that year, and he said:
“Our title to the Mosquito, reduced to the onerous rights imposed by the Letters
Patent of 30 November 1803, is worth nothing and is of no use to us. We should
therefore cease to rely on it in order to avoid other kinds of problems.”
With this explicit statement on the positive scope and intention of the Royal
Order, with both Mr. Fernández - Madrid and Minister Herrán, in his note of 7 January
1839 to the Chancery of the Republic of Central America, cited by Colombia, both mistakenly
call “Letters Patent”, I think that any other comment on this point is superfluous;
I will therefore now turn my attention to show that the Royal Order of San Lorenzo was
not complied with and no longer exists.
For this purpose, it will be sufficient to refer to the Royal Order of Aranjuez of
28 February 1804, from the pen of the same Minister Soler, give three months after the
previous Order, in which he ignored it and approved that “the instruction given by the
(President of Guatemala) to prevent fraud in the traffic permitted down the San Juan
River in Nicaragua and to excuse the extortion on trade caused by the dilatory and useless
practice of visiting vessels arriving.”
Still, seven months afterwards, as a new proof that the Royal Order of San
Lorenzo was never effective and that the Government of Spain continued to consider that
it did not exist, there came a new Royal Order of 8 August 1804, also signed by Minister
Soler, approving the creation of a garrison for the port of San Juan, issued by the Captain
General of Guatemala, thus leaving the Mosquito Coast and its port, San Juan, under the
uninterrupted administration of Guatemala and the Governor of Nicaragua.
The Royal Order of 31 May 1808, acting on recommendations sent to the King
by the President of Guatemala in letters of 3 January and 18 June 1806, attaching a memorandum
on navigation and trade on the San Juan River, proposing that free franchise be
maintained, etc, etc, approved this and other matters raised in the memorandum.
Another Royal Order of 3 July 1810 approved the decision of the President of
Guatemala to allow the brigantine Esperanza, from Santa Marta, to unload at the Gulf of
Honduras and sell its goods, in exchange for a small consideration on the part of the vessel;
and did the same for two or three expeditions arriving from Cartagena to the San
Juan River in Nicaragua. The Royal Order states that on that dates it was expected that
the Viceroy of Santafé would not grant these permits.
173
Further, Minister: After 1810, date of the uti possidetis, which the South
American Republics invoke in favor on territorial matters, on 1 December 1811, when
the Provinces of Central America, now Republics of the same name, were still under
Spanish rule, the Crown exercised dominion and sovereignty over the Caribbean coast
which Your Excellency’s Government so groundlessly claims by repairing the ports of
Matina following a decree from Cadiz, which took no account whatsoever of Colombia.
All this shows that even after the South American Republic rebelled, Spain
retained full possession of the Caribbean coast of Central America, and therefore
Colombia had no power over that region.
Here I should quote another of Pedro Fernández Madrid’s authoritative opinions
from the aforementioned Memorandum, where he states:
“Furthermore, if on the one hand the matter of recovering the Mosquito coast is
beyond our powers, on the other, the title we have over that territory is so irregular and
indefinite that strictly speaking, it is no more than a duty to offer protection at sea as
required to ward off foreign attackers. It is also certain that, after considering all the circumstances,
this would appear to have been the intention behind the Letters Patent of
1803: no new territory or Province was added to Nueva Granada, merely a portion of the
Mosquito Coast. And we cannot interpret the word ‘coast’ to mean areas inland or the
coastal settlements of Moin or Bluefields, which always were, even after the issue of the
order, under the exclusive control of Central America.”
This agrees precisely with the frontiers drawn by the famous writer José Manual
Restrepo in his “La Revolución de Colombia” [The Revolution of Colombia]:
“After forming a single republic out of Nueva Granada and Venezuela, the dividing
lines between these two formerly Spanish parts of the Americas. Colombia’s limits
on the Caribbean from Cape Nassau, or rather the River Esequibo, the former frontier
with Dutch Guyana, to the River Culebras, the border of the Province of Veraguas or
Careta Point to the west of Lake Chiriquí between Bocas del Toro and the Port of Matina
or Moin, which belong to Costa Rica in Central America.”
Another eminent Colombian, Juan Félix de León, referring to Colombia’s frontiers
in his “La Constitución de los Estados Unidos de Colombia, según las lecciones
orales de Derecho Constitucional dictadas en la Universidad Nacional” [The
Constitution of the United States of Colombia, as per the oral lectures of Constitutional
Law given at the National University] published with governmental authorization given
in a Decree of President Julián Trujillo and endorsed by the Minister of Development,
Pablo Arosemena, writes in the following terms:
“Caribbean: The coastline from the mouth of the River Paijana in Calabozo Bay,
Gulf of Venezuela, or the Gulf of Maracaibo, to the River Las Culebras in Central
America, including the whole coast of the Guajira and the States of Magdalena, Bolivar,
174
Cauca (in the Darien Gulf) and Panama’s Atlantic shores. The Republic also possesses
the Islands of San Andrés and Vieja Providencia, at 143 and 187 miles from the Lake
Chiriquí. This line along its length forms a curving frontier.”
With regard to this important statement, I must mention that in 1810, when
Colombia rose up against the Crown, the Viceroyalty of Santafé did not possess San
Andres and Vieja Providencia, since they were under the Captaincy General of
Guatemala, over which Spain retained full sovereignty.
In any event, Mr. León recognizes in this statement that Colombia has no grounds
to claim San Andrés and Vieja Providencia, since when setting the frontier with Central
America at the River Culebras, he excludes the entire Caribbean coast of Central
America, thus discarding the Royal Order of San Lorenzo, the only title Colombia has
invoked for its ownership of those islands.
As a finishing touch to the evidence of the absolute inefficacy of the royal Order
of San Lorenzo, I believe that it would be appropriate to transcribe Articles 1 and 2 of
the peace treaty between Nicaragua and Spain, signed in Madrid, on 25 July 1850:
Article 1
His Catholic Majesty, in exercise of the powers given by decree of the Royal
Court of the Kingdom on 4 December 1836, renounces forever, in the most formal
and solemn manner, in his own name and that of his successors, to sovereignty,
rights and actions over territory in the Americas between the Caribbean and
the Pacific, with its adjacent islands, formerly known as the Province of
Nicaragua and now the Republic of the same name, and other territories incorporated
into that Republic.
Article 2
Therefore, His Catholic Majesty recognizes the Republic of Nicaragua s a free,
sovereign and independent nation, with all the territories it now holds or which it
may acquire in the future.”
This is clear and incontestable evidence, solemnly given by the same authority
that Colombia now invokes to support its claims, allowing that Nicaraguan territory
extends from coast to coast with the adjacent islands. Such a declaration
would have been impossible if His Catholic Majesty’s Government had considered
the Royal Order of San Lorenzo was still in force at the time of emancipation,
and closes the matter to any further discussion.
It is thus plain that no right or even the faintest shred of justice allows Colombia
to make such claims to the Government of Nicaragua. I need only add that the doctrine
of uti possidetis invoked by Minister Herran’s note does not apply to this case either.
175
First, it is inadmissible for Colombia to claim that uti possidetis was determined in 1810,
since after that year Colombia again came under Spanish control; and second, in addition
to the absolute lack of title and ownership of Colombia over our Caribbean coast
and adjacent islands, there is the indisputable, clear and evident fact that Colombia did
not possess that coast or the islands, which Spain never ceased to hold until 1821 when
the former Provinces of Central America became Republics and acquired that inheritance
and legitimate title.
If to all this we add the passive and indifferent attitude of Colombia over the long
and difficult struggles of Nicaragua to safeguard its precious inheritance from the
Motherland, it is evident that Colombia never took up the responsibilities of ownership
of that coast or its islands; and coast and islands which Nicaragua defended alone, at
countless cost, without Colombia making the least effort or the smallest sacrifice to
defend it from foreign domination.
So it was in 1842 when Admiral Knight of the British navy declared a blockade
on the port of San Juan del Norte, Nicaragua, and stopped all traffic until all the claims
of the subjects of His Britannic Majesty were satisfied. Nicaragua stood alone in the
defense of its rights.
It was also alone when England took possession of the expanses of Mosco territory,
and remained alone during the long and historic diplomatic dispute to recover it
from the British. The dispute ended with the treaty of 1860 under the illustrious President
Gen. Tomás Martínez, when Nicaragua’s full sovereignty over the Mosquitia territory
was recognized and the ports of San Juan del Norte and Cape Gracias a Dios were
returned, and the sacred flag of Nicaragua was again raised amidst solemn celebrations
by the government an the unbounded joy of the people.
Nicaragua was also alone in a new dispute with England on the Mosquitia
reserve, which gave rise to the arbitral decision of His Majesty the Emperor of Austria,
leading to the definitive incorporation of that territory into Nicaragua, in a solemn act in
which the local population spontaneously declared themselves to be Nicaraguan citizens.
So, Minister, Nicaragua’s ownership of the Caribbean coast between Honduras
and Costa Rica, and the islands attached to it, and possession for four hundred years,
never interrupted, of that territory and islands, are questionable. I must naturally therefore
give Your Excellency a precise and specific reply on the particular point which Your
Excellency mentions in the copy of the note of 9 August, to wit: that if Nicaragua were
to lease or had leased Great Corn and Little Corn Islands, it would do so, or would have
done so, by virtue of ownership and sovereignty which it holds over them; ownership
and sovereignty over Nicaraguan territory which Colombia lacks as ground for objecting
to actions of this nature.
And I should add here, for the same reason, that with regard to the Archipelago
of the islands of San Andrés, Vieja Providencia and Santa Catalina and all the other
176
islands and cays adjacent to the Mosquito Coast, Nicaragua most solemnly states that it
recognizes no right that Colombia may allege, whether based on a Royal Order that was
never carried out and which, from the time of its issue was held never to exist; or based
on illegitimate possession which has all the characteristics of a true deforcement; and
therefore it reserves for all times and occasions its right to claim dominion and sovereignty
over that Archipelago.
With this answer to Your Excellency’s note, and in defense of Nicaragua’s rights,
I am pleased to take this opportunity to present to Your Excellency the expressions of my
highest appreciation and esteem.
Diego M. Chamorro
To H.E. Mr. Francisco José Urrutia,
Minister of Foreign Affairs of Colombia
Bogotá
177

Annex 37
DIPLOMATIC NOTE FROM THE COLOMBIAN MINISTER IN LONDON TO
THE BRITISH FOREIGN OFFICE, 25 MARCH 1914
(General Archives of Colombia)
Legation of Colombia - London, 25 March 1914.
Dear Minister:
Referring to certain notes addressed by the Minister of Foreign Affairs of Colombia to
the Legation of this Republic in London, dated in the first months of 1913 and relative
to the habit that fishermen of Great Cayman and Cayman Brak islands have of visiting
the Colombian Archipelago of San Andrés and Providencia, with the aim of fishing there
turtles without complying by the demanded formalities and not paying the rights prescribed
by Colombian laws - matter which was brought to your attention back then by
the Chargé d’Affaires of Colombia in London in a note dated 19th of February 1913 - I
have instructions from my Government to address your Excellency and explain to you
the following facts:
The Colombian Government has constantly received complaints from the San Andrés’
authorities regarding the illegal practice performed by some subjects of His British
Majesty of fishing turtles in those islands, not only it has not diminished, but instead it
seems to increase. My Government has the conviction that the nuisances these events
have caused displease the Government of His British Majesty just as much as its own
self.
To that end I have been instructed by my Government to request that Your Excellency
pays due attention to this matter, so that this anomalous situation may end as soon as possible.
With the highest consideration I have the honor to remain Your Excellency’s most obedient
and humble servant
Pedro M. Carreño
179

Annex 38
DIPLOMATIC NOTE FROM THE BRITISH LEGATION IN BOGOTÁ TO
THE COLOMBIAN FOREIGN MINISTRY, 11 MAY 1914
(Jamaica Archives)
Document on page to follow
181
182
Annex 39
DIPLOMATIC NOTE FROM THE COLOMBIAN FOREIGN MINISTRY TO
THE BRITISH LEGATION IN BOGOTÁ, 1 JUNE 1914
(Jamaica Archives)
Document on page to follow
183
184
Annex 40
DIPLOMATIC NOTE N° 1 FROM THE UNITED STATES MINISTER IN
BOGOTÁ TO THE COLOMBIAN FOREIGN MINISTER, 1 MARCH 1919
(Anales Diplomáticos, Bogotá, 1957, p. 597)
Legation of the United States of America - No. 1 - Bogotá, 1 March 1919.
Excellency:
I am honored to inform Your Excellency that I have received instructions from my
Government that say that the Department of Commerce of the United States wishes to
obtain permission from Your Excellency’s Government to build certain lighthouses to
benefit general navigation, as follows:
One on the eastern or southern coast of the island of old Providencia and another on the
island of Courtown Cays.
In case the Colombian Government grants its authorization, these lighthouses would not
need a caretaker and would be placed atop small steel towers, 40 feet high from the base.
Each tower will require a small area of land of some fifty square feet. The lighthouses
can be placed under the surveillance of the local employee that the Colombian
Government has on each of those islands. The Government of the United States will pay
for all the costs of building and maintenance of the cays, along with any local surveillance
service they might require.
The lighthouses would have to be examined twice or thrice a year by an official of the
United States lighthouse service. Other than that, it would be useless for the United
States Government to maintain any employee on the towers that will not require any
service other than the aforementioned one.
I am honored to request Your Excellency to inform me, at the earliest possible time, if
the Government of Colombia would be kind enough to allow the construction of the
aforesaid lighthouses which, in my Government’s opinion, would greatly facilitate navigation
in the waters neighboring the above-mentioned and greatly reduce the risk those
places currently present.
185
I take this opportunity to assure Your Excellency that this request does not indicated that
the Government of the United States takes any position with regard to the claims that
might exist to the sovereignty over the islands in question.
Please accept, Your Excellency, the assurances of my highest consideration.
Hoffman Phillip
To His Excellency, Mr. Pedro Antonio Molina, Minister of Foreign Affairs of Colombia
186
Annex 41
DIPLOMATIC NOTE FROM THE COLOMBIAN FOREIGN MINISTER TO
THE UNITED STATES MINISTER IN BOGOTÁ, 15 MAY 1919
(Anales Diplomáticos, Bogotá, 1957, Tomo VI, p. 598 y 599)
Mr. Minister:
I am honored to refer to Your Excellency’s kind note, dated 1st March last, whereby Your
Excellency informs me that you had received instructions from your Government,
according to which the Department of Commerce of the United States wishes to obtain
permission from the Government of Colombia to build two lighthouses to benefit general
navigation: One of them in the southern or eastern coast of the island of old
Providencia and another on the island of Courtown cays, both of the Archipelago of San
Andrés and Providencia, belonging to the Republic of Colombia.
Your Excellency has also seen fit to convey to me that for building each of the aforesaid
lighthouses, an area of land of approximately fifty square feet would be necessary; that
the Government of the United States would pay for all the costs of its building and maintenance,
as well as for any local surveillance service they could require, a position that
could be filled by an employee of the Colombian Government in each of those islands,
although the works would have to be inspected twice or thrice a year by an official of the
lighthouse service of the United States.
In reply, I must communicate to Your Excellency, in order for you to so inform the
enlightened United States Government, that subsequent to 1915 my Government,
through the Ministry of Public Works, has been taking the indispensable steps with a
view to the construction of lighthouses on several locations both in the Atlantic as well
as in the Pacific coasts, and especially in the Archipelago of San Andrés and Providencia,
and to that effect the towers and other elements required for the construction of such
works were requested from abroad, but, due to the World War, and very particularly the
United States law on exports regulation, it has been impossible thus far to obtain the
materials required for that purpose. Your Excellency’s own Government took for its own
service, in late 1917, several elements for lighthouses and buoys that the American
Gassaccumulator [Co.] had readied with the purpose of shipping them to the Colombian
Government. As soon as the abnormality of the circumstances that have prevented my
Government from sending the materials for the lighthouses to the Archipelago dissipate,
they will be built on the referred-to islands. And in the month of March, the Ministry of
Public Works has addressed the Republic’s Minister in Washington, in order for him to
inform the American Gassaccumulator [Co.] that the Government would be pleased to
187
see that, under equal circumstances, that company takes charge of the construction and
placement of the lighthouses of that Archipelago.
In addition, I must inform Your Excellency that the Colombian Government is not legally
enabled to grant permission to foreign Governments to build works in the national territory,
or to occupy any part of the Republic’s territory.
I am pleased to take this opportunity to renew to Your Excellency, the assurances of my
most distinguished consideration.
Antonio Gómez Restrepo
To His Excellency Mr. Hoffman Philip, Extraordinary Envoy and Plenipotentiary
Minister of the United States of America.
188
Annex 42
DIPLOMATIC NOTE Nº 72 OF THE COLOMBIAN MINISTER IN MANAGUA
TO THE NICARAGUAN FOREIGN MINISTER,
10 DECEMBER 1923
(Archives of the Ministry of Foreign Affairs of Colombia)
Legation of Colombia
Number 72
in Central America
Managua, 10 December 1923
Mr. Minister:
The Governments of Colombia and Nicaragua having thoroughly discussed, by means
of Foreign Ministry notes, the issue regarding the rights of dominion and sovereignty
that each of the two Nations claims to have over the Mosquito Coast, the Islas Mangles,
that is Great Corn Island and Little Corn Island, and the Islands of San Andrés and
Providencia; and both Governments sharing the wish to find the solution of that issue in
a direct and amicable settlement, Your Excellency’s Government saw fit to create a
Commission integrated by Messrs. Modesto Barrios, Manuel Pasos Arana and Ramon
Ignacio Matus, as Advisory to the Ministry in the study of this solution. I have had the
honor to hold conferences with the Advisors, to that end, and in the course thereof, agreeing
to the notion that that direct settlement implies a transaction and - consequently - the
quitclaim by both States of their respective extreme claims, I verbally advanced a settlement
proposal to the Advisory Commission.
With the purpose of stating the genuine meaning and true scope of that proposal, I deem
it convenient to lay down in this note the terms in which it was formulated, to wit:
The Republic of Colombia would renounce the rights of dominion and sovereignty it has
held and holds over the Mosquito Coast, comprised between the San Juan River and
Cape Gracias a Dios, and over the Islas Mangles, and the Republic of Nicaragua would
in turn renounce the rights it believes it holds over the Islands of San Andrés,
Providencia, Santa Catalina and the other Islands, Islets and Cays of the Archipelago.
This proposal entails the utmost renunciations and concessions that Colombia would
make, in its wish to see its differences with the cultured and appreciated Nicaraguan
Nation ended, and compelled by the spirit of hemispheric brotherhood that has always
189
been the core of its foreign policy; and that has led it to seek the resolution of its international
affairs by means of direct and friendly settlement, that entails not only the termination
of the controversies, but also the extinction of complaints and resentments
between the Nations involved derived thereof, and the firm and vigorous rebirth of the
cordiality in their relations.
I trust that the enlightened Government of Nicaragua will carefully and serenely study
the settlement proposal that I have been honored to advance, since on more than one
occasion, it has expressed its wish, shared by Colombia, of coming to a direct and friendly
understanding; and that it shall thus appreciate the beneficial character of this proposal
and the high sentiments and objectives that motivate it.
I am pleased to renew to Your Excellency, the assurance of the appreciation and distinguished
consideration with which I am honored to sign, your most attentive and respectful
servant.
(Signed)
Manuel Esguerra
190
Annex 43
DIPLOMATIC NOTE FROM THE COLOMBIAN LEGATION IN LONDON
TO THE BRITISH FOREIGN OFFICE, 12 JANUARY 1924
(British National Archives, Ref.: FO 371/9529, A 403)
Documents on pages to follow
191
192
193

Annex 44
DIPLOMATIC NOTE FROM THE BRITISH FOREIGN OFFICE TO THE
COLOMBIAN LEGATION IN LONDON, 17 JULY 1924
(British National Archives, Ref.: FO 371/9529, Registry N° A4304/403/11)
Documents on pages to follow
195
196
197

Annex 45
DIPLOMATIC NOTE N° 232 WITH ENCLOSURE (DRAFT TREATY)
FROM THE COLOMBIAN MINISTER IN MANAGUA TO THE
NICARAGUAN FOREIGN MINISTER, 18 MARCH 1925
(Archives of the Ministry of Foreign Affairs of Colombia)
Legation of Colombia Num. 232
in
Central America
Managua, 18 March 1925
Excellency,
According to the verbal discussions I have had the honor to hold with your
Excellency regarding the advisability of reaching a fair and decorous solution for
Colombia and Nicaragua to the controversy that they have been having regarding the territorial
sovereignty of the Mosquitia Coast, the Mangle Islands [Corn Islands] and the
Archipelago of San Andrés and Providencia, and the possibility of finding that solution
in a direct and friendly settlement in which each Party desists from its extreme claims;
and by virtue of Your Excellency’s suggestion that the Legation summarize its views on
this matter in a Draft Treaty, I have pleasure in enclosing that Draft with this note, in with
which Colombia renounces in favor of Nicaragua the rights of dominion which it claims
over the Mosquitia Coast, between the San Juan river and Cabo Gracias a Dios, and over
the Mangle Islands, that is Great Corn island and Little Corn island; and Nicaragua, in
turn, renounces in favor of Colombia, also absolutely and unconditionally, the rights it
aspires to over the islands of San Andrés, Providencia and Santa Catalina and the other
islands, islets and cays which form the Archipelago.
I believe that this solution perfectly harmonizes the interests of the two Nations
and is the most efficacious for the definitive termination of the dispute and to secure in
a lasting manner, the fraternal relations of friendship between them.
I have the pleasure of offering your Excellency, once more, my sentiments of
high consideration and esteem.
(signed) Manuel Esguerra
199
To His Excellency Mr. Dr. Salvador Castrillo, Minister of Foreign Affairs of Nicaragua
At Your Office
Legation of Colombia Num. ---
in Central America
D R A F T T R E A T Y
The Republic of Colombia and the Republic of Nicaragua, for the purpose of
definitively resolving the controversy pending between them regarding dominion and
sovereignty over the Mosquitia Coast and the Archipelago of San Andrés and
Providencia, and thus to bring closer still their relations of friendship, have decided to
settle that controversy in a friendly manner under a Public Treaty, for which they have
appointed the following Plenipotentiaries, to wit:
His Excellency the President of Colombia, [has appointed] Mr. Manuel Esguerra,
Envoy Extraordinary and the Minister Plenipotentiary of the same Republic before the
Governments of Central America; and His Excellency the President of Nicaragua, [has
appointed] Mr. Salvador Castrillo, Minister of Foreign Affairs.
Who, having communicated their respective full powers, found in good and due
form, have agreed as follows:
Article 1. - The Republic of Nicaragua renounces, in a definitive and absolute manner,
in favor of the Republic of Colombia, the rights of dominion, possession, and sovereignty
which it has believed itself to hold over the islands of San Andrés, Providencia, Santa
Catalina and all the other islands, islets and cays of the Archipelago of San Andrés and
Providencia; and consequently recognizes Colombia as the owner and sovereign of that
Archipelago. And the Republic of Colombia renounces, in a definitive and absolute
manner, in favor of the Republic of Nicaragua, the rights of dominion, possession and
sovereignty that it has maintained over the Mosquitia Coast, comprised between the
mouth of the river San Juan on the Atlantic and the Cape Gracias a Dios, and over the
islands called Great Corn Island and Little Corn Island, or Mangle Islands; and consequently
recognizes Nicaragua as the owner and sovereign of that Coast and of these two
islands.
Article 2. - This Treaty shall be approved and ratified by the High Contracting Parties
in accordance to the Laws of each country, and the ratifications shall be exchanged in the
city of Managua within the following four months.
In faith whereof the said Plenipotentiaries sign this Treaty in two copies and affix their
respective seals thereon in the city of Managua on the ---- day of the month of ---- 1925.
200
Annex 46
DIPLOMATIC NOTE N° 157 FROM THE NICARAGUAN FOREIGN
MINISTER TO THE COLOMBIAN MINISTER IN MANAGUA,
28 MARCH 1925
(Archives of the Ministry of Foreign Affairs of Colombia)
Ministry of Foreign Relations
Diplomatic Section
Palacio Nacional Number 157- Managua, 28 March 1925
Your Excellency,
I have received Your Excellency’s kind note, to which you attach the Draft Treaty
that Your Excellency saw fit to propose to my Government to put an end to the controversy
over the islands of the Archipelago of San Andrés, etc, on the one hand, and over
the Mosquito Coast and the Mangle or Corn islands on the other, which the Government
of Nicaragua and that of the Republic of Colombia have been sustaining.
I see fit to express to Your Excellency that, under instructions from the President,
I had been studying those issues with Your Excellency until culminating in the draft that
you propose for my Government’s consideration, and that, had the political events which
have precipitated within these last few days allowed it, it is very likely that this important
matter would have been solved under equitable and cordial terms, with good will on
the part of both.
With the highest consideration, I avail myself of this opportunity to reiterate to
Your Excellency the assurances of my most distinguished appreciation and highest consideration.
(signed) Salvador Castrillo.
To His Excellency Don Manuel Esguerra, Envoy Extraordinary and Minister
Plenipotentiary of Colombia. Legation.
201

Annex 47
DIPLOMATIC NOTE FROM SIR AUSTEN CHAMBERLAIN, BRITISH
FOREIGN SECRETARY, TO THE COLOMBIAN MINISTER IN LONDON,
7 JULY 1926
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
203
204
205
206
Annex 48
PROPOSAL SUBMITTED BY THE COLOMBIAN MINISTER IN
WASHINGTON TO THE DEPARTMENT OF STATE, 2 AUGUST 1927
(Papers Relating to the Foreign Relations of the United States,
Washington, 1927, Volume I, pp. 328-329)
Documents on pages to follow
207
208
209

Annex 49
DIPLOMATIC NOTE FROM THE COLOMBIAN MINISTER IN MANAGUA
TO THE NICARAGUAN FOREIGN MINISTER, 3 JANUARY 1929.
TRANSCRIBED IN THE RECORD OF SESSION XXIV OF THE CHAMBER
OF THE SENATE OF THE NICARAGUAN CONGRESS, 21 JANUARY 1930.
(La Gaceta, Diario Oficial, No. 35, Managua, D.N., 11 February 1930, p. 273)
(…)
The approval of the Treaty of Limits between Nicaragua and Colombia of 24 December
[sic] 1928 pending, I am pleased to transcribe to You, the note dated 3 January 1929, sent
to this office by H.E. Mr. Minister of Colombia:
“I have the honor to communicate to Your Excellency that in conformity with the provisions
of the Treaty of 24 March last year, concluded between the Government of
Nicaragua and the Legation which I preside over, on the settlement of the controversy
relating to the possession and sovereignty over the Mosquito Coast and the Archipelago
of San Andrés and Providencia, Colombia’s Executive Power submitted to the consideration
of the Legislative Congress the said Pact, and this body gave its approval during
its latest ordinary sessions. - I believe it to be pertinent to inform Your Excellency that
the Cays of Roncador, Quitasueño and Serrana having been excluded from the Treaty of
24 March due to their being in dispute between Colombia and the United States, the
Government of the latter, recognizing Colombia as owner and sovereign of the
Archipelago, of which those cays are part, concluded with the Government of Colombia,
last April, an agreement that put an end to the dispute, according to which the status quo
on the matter is preserved, and consequently, the Government of Colombia will refrain
from objecting to the maintenance by the Government of the United States of the services
which it has established or may establish on said cays, to aid navigation, and the
Government of the United States will refrain from objecting to the utilization by
Colombian nationals of the waters appurtenant to the cays for purposes of fishing. -
Since the said treaty has recently been submitted by the Nicaraguan Government to the
evaluation of the Legislative Chambers, I allow myself to plead with Your Excellency,
counting on your approval, that the present note be known to them”.
Taken into consideration it was forwarded to the Foreign Affairs’ Commission which is
evaluating the Treaty on limits between Nicaragua and Colombia.
211

Annex 50
DIPLOMATIC NOTE FROM THE NICARAGUAN FOREIGN MINISTER TO
THE COLOMBIAN MINISTER IN MANAGUA, 7 MAY 1930
(1930 Report to Congress by the Colombian Foreign Minister, Bogotá, Imprenta
Nacional, 1930, pp. 223-225)
Republic of Nicaragua - National Palace - Managua, 7 May 1930
Mr. Minister [Esguerra]:
I am honored to refer to Your Excellency’s note, number 107, of the 5th of this month,
whereby you inform me that, having now fulfilled the mission that your enlightened
Government had conferred upon you, you will be transferred to Guatemala, in the
steamship sailing from Corinto on the 10th of the current month; that in leaving this country,
after long years of residency here, you fulfill the duty to express your gratitude for
the official and social consideration and deference that have been showered upon Your
Excellency and the Legation’s personnel in Nicaragua.
Your Excellency adds that the friendly solution that was given to the territorial differences
between our two countries, by means of the Treaty of 24 March 1928, shall create
a new link between them, and will make their relations of fraternal friendship firmer and
more cordial. And you conclude by expressing your wish for the wellbeing and prosperity
of Nicaragua to increase day by day, under the auspices of peace, of the work of the
current Government and those that will succeed it, in order for the country to claim the
place it is entitled to among the continent’s nations.
In reply, I must express to Your Excellency, the lively sentiment with which the
Nicaraguan Government and society view your distancing from this country, used, as
they were, to the frequent and most agreeable demeanor of Your Excellency’s distinguished
personality, as well as that of the members of your dear and cultured family.
My Government is deeply satisfied, Mr. Minister, with the peaceful and equitable solution
of our old territorial dispute with Colombia -largely due to Your Excellency’s discreet and
able actions - because it is convinced that this result will not only contribute to cementing
the traditional friendship between our two countries, but because it is a further demonstration
that in the current development of the international life of the Republics of the
Americas, the definitive triumph of the peaceful mechanisms of the solution of conflicts is
growing firmer, thus giving Pan-Americanism its greatest virtue, as the creator of a new
conscience in the continent, on the basis of cordiality, solidarity and justice.
213
It is particularly pleasing to me to reciprocate, on behalf of the Nicaraguan Government
and people, the wishes Your Excellency has deigned to express with regard to the wellbeing
and prosperity of my fatherland; and in so doing, I am pleased to express the hope
that the high level of progress achieved by Colombia, in the development of its institutions,
its culture and its material riches, will continue to be vigorously propelled, with
the same accuracy and patriotic love with which the Government presided by His
Excellency Mr. Abadía Mendez and those before him have done so, by the new
Administration that will begin shortly under the distinguished statesman who was
recently entrusted with the high destinies of your country by the vote of the Colombians.
May Your Excellency accept, once again, the assurances of my highest consideration and
my personal esteem.
Signed, J. IRÍAS.
214
Annex 51
DIPLOMATIC NOTE N° 6 FROM THE NICARAGUAN EMBASSY IN
BOGOTÁ TO THE COLOMBIAN FOREIGN MINISTRY, 29 APRIL 1949,
REQUESTING A FISHING EXPLORATION PERMIT IN WATERS
ADJACENT TO SAN ANDRÉS AND PROVIDENCIA
(Archives of the Ministry of Foreign Affairs of Colombia)
Legation of Nicaragua
Bogota, 29 April 1949
No. 6
[stamped]
Ministry of Foreign Affairs
[illegible] 24 No. 673 Dept. CM
2nd Registration Officer
Bogota, 29 April 1949
Mr. Minister:
With instructions from my Government, I am honored to kindly request of Your
Excellency’s very enlightened one, that through the corresponding administrative body
the company called “Pesca Nicaragüense” [Nicaraguan Fishing] be granted a limited
provisional permit for the period deemed adequate in order for that company to be able
to carry out exploratory fishing activities in waters adjacent to the Islands of San Andres
and Providencia.
The permit would only be for the ship “M.V. Dusky”, 55-foot long and 28 tons of sailing,
mastered by Captain Winker, to be able to carry out the exploratory fishing referred
to above, this being the reason due to which the type of fishing to be carried out is not
specified.
If after the exploration takes place a special kind of fishing should be defined over which
a determined intention existed, it would be made known with the due formalities.
215
The deference with which this request is considered will be greatly appreciated by my
Government.
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest
and most distinguished consideration.
[signed]
Modesto Valle
H.E. Mr. Dr. Eduardo Zuleta Angel
Ministry of Foreign Affairs
Bogota
216
Annex 52
DIPLOMATIC NOTE N° CN-1768 FROM THE COLOMBIAN FOREIGN
MINISTRY TO THE NICARAGUAN EMBASSY IN BOGOTÁ,
28 JUNE 1949
(Archives of the Ministry of Foreign Affairs of Colombia)
[Copy]
No. CN_1768
Bogota, 28 June 1949
Mr. Minister:
I am honored to refer to Your Excellency’s kind note, numbered 6, whereby Your
Excellency requested, on behalf of the Government of Nicaragua, a permit for the company
called “Pesca Nicaragüense” [Nicaraguan Fishing] to be able to carry out
exploratory fishing activities in waters adjacent to the Islands of San Andres and
Providencia.
In replying to the referred-to note I regret to inform Your Excellency that the Colombian
competent authorities, to which the request in question was transmitted, consider that for
the time being, they find it somewhat difficult to grant that type of permits since the
Industria Colombiana de Pesca Marítima S.A. [Colombian Industry of Maritime Fishing
Inc.] has projected to carry out the same explorations shortly in the same waters.
I avail myself of the opportunity to reiterate to Your Excellency the assurances of my
highest and most distinguished consideration.
For the Minister,
the Secretary-General
H.E. Mr.
Dr. Modesto Valle
Extraordinary Envoy and Plenipotentiary Minister
of Nicaragua
City
PRM/hga.
217

Annex 53
DIPLOMATIC NOTE FROM THE COLOMBIAN REPRESENTATIVE TO
THE UNIVERSAL POSTAL UNION TO THE DIRECTOR-GENERAL OF THE
UNIVERSAL POSTAL UNION, MONTREUX, 30 MAY 1950
(General Archives of Colombia)
On page three of the fascicle ‘Nomenclature of countries, colonies, territories, etc., of the
World’, under the title ‘Possessions of the United States of America’, some islands of the
Caribbean Sea are included. These islands are Colombian.
In that regard, I have requested instructions to my Government, but not having received
them yet, I do not wish to leave Montreux without addressing this letter to you, in order
for the note to be taken into account.
My Government will, in agreement with the United States of America, issue a notification
in that respect.
Copy of this letter was sent to the Head of the United States Delegation.
Signed,
Roberto Arciniegas Schlessinger,
Representative of Colombia
219

Annex 54
DIPLOMATIC NOTE N° 092 FROM THE COLOMBIAN AMBASSADOR IN
MANAGUA TO THE NICARAGUAN FOREIGN MINISTER, 4 JUNE 1969
(Archives of the Ministry of Foreign Affairs of Colombia)
No. 092
Managua, 4 June 1969
Mr. Minister:
The Government of Colombia has had knowledge that, among several Reconnaissance
Permits and Concessions recently granted by Your Excellency’s Enlightened
Government to foreign companies to carry out necessary preliminary research, and oil
and natural gases explorations, respectively, in “areas or zones of the continental shelf of
Nicaragua”, there are some such as the ones I hereinafter specify, based on the respective
decrees, to wit:
(…)
I have been instructed by my Government to call your Excellency’s attention to the fact
that the first of the mentioned requested Concessions - section a) - for which area or zone
called “QUITA SUEÑO” a Reconnaissance Permit has been granted, covers the entire
extension of the shoal or cay of Quita Sueño and part of the waters surrounding it, with
manifest forgetfulness of the fact that the Treaty of 24 March 1928, which defined the
controversy between Colombia and Nicaragua regarding their respective island domains
in the Caribbean, explicitly declared in its paragraph 1 of the 1st article that said contractual
instrument did not include “the RONCADOR, QUITASUEÑO and SERRANA
cays, since their domain was in litigation between Colombia and the United States of
America.”
Colombia considers that this simple observation shall be sufficient so that Your
Excellency’s Government proceeds to remedy the error or inadvertence that may have
been incurred by exercising acts of domain or disposition over a good that is solemnly
acknowledged as outside of Nicaraguan jurisdiction or sovereignty. In any case, my
Government orders me to make a formal reservation before Your Excellency, of its rights
over the referenced territory, as well as over the adjacent maritime zone and to manifest
that it disavows, from this moment, the validity of any act among third parties that may
damage or undermine said rights.
221
The concessions included in section b) BLOQUE No. 1 and BLOQUE No. 2, cover maritime
zones that surpass Meridian 82 of Greenwich towards the East, noted in that same
negotiation of 24 March 1928, by provision of the Congress of the Republic of
Nicaragua in the Decree of Ratification of the Treaty, dated 6 March 1930, as the
Western boundary of the Archipelago of San Andrés and Providencia.
Insofar as those concessions carry or may carry, for said reason, damage or undermining
of the clear and indisputable Colombian rights over that zone, my Government makes
them an object of the same reservation, trusting that the Government of Your Excellency
shall find it appropriate and adequate to revoke them or reform them to the extent that
they exceed the limit of Nicaraguan national jurisdiction and invade Colombian domain.
Having thus fulfilled the special task that I was given on this particular [subject], I am
pleased to reiterate to Your Excellency assurances of my highest and most distinguished
consideration.
LUIS ALFONSO ANGARITA
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY
OF COLOMBIA
His Excellency Doctor
Lorenzo Guerrero
Minister of Foreign Affairs of Nicaragua
At Your Office
222
Annex 55
DIPLOMATIC NOTE N° DM-170 FROM THE COLOMBIAN FOREIGN
MINISTER TO THE NICARAGUAN AMBASSADOR IN BOGOTÁ,
18 APRIL 1975.
(Archives of the Ministry of Foreign Affairs of Colombia)
DM-170
Bogota, 18 April 1975
Mr. Ambassador,
The Government of Colombia has been informed that the learned Government of Your
Excellency has given concessions for the exploration and exploitation of hydrocarbons
in certain areas adjacent to the Archipelago of San Andres and Providencia, located to
the east of the 82 Meridian of Greenwich.
These concessions, granted this time to the firms Eastern Caribbean Petroleum
Company, Occidental Petroleum Company, Occidental Petroleum Company and Union
Oil Company of California, are in a location similar to that where previous concessions
had been granted to the Mobil Exploration Corporation and Western Caribbean
Petroleum Company, under the names of Mobil 1, Mobil 2, Bloque Miskito, Bloque 1
and Bloque 2. As Your Excellency’s Government is well aware of, that situation gave
rise to, among other, a note from this Ministry of 4 June 1969.
I must now once again make, in the most cordial manner, formal reservation on the rights
of my country in that zone, which in no way can be affected by domestic provisions of
the Nicaraguan Government, nor for eventual arrangements between the firms benefited
from the concessions and other companies of the same kind, as it is the case of a negotiation
between the consortium Signal Occidental with the Great Plains Development
Company of Canada Limited., in the so-called “Bloque Miskito”, which belongs to the
area I am referring to.
Taking into account the ancient and friendly links existing between Colombia and
Nicaragua, my Government wishes to express to that of Your Excellency this position,
framed in the spirit of reciprocal consideration that governs the relations between our
two nations.
223
I avail myself of this opportunity to reiterate to Your Excellency the assurances of my
highest consideration.
(signed) INDALECIO LIEVANO AGUIRRE
Minister of Foreign Affairs
To His Excellency
Mr. REINALDO NAVAS BARRETO
Ambassador Extraordinary and Plenipotentiary of Nicaragua
Bogota
224
225
Annex 56
DIPLOMATIC NOTE N° F-229 FROM THE COLOMBIAN FOREIGN
MINISTER TO THE NICARAGUAN AMBASSADOR IN BOGOTÁ,
21 AUGUST 1975
(Archives of the Ministry of Foreign Affairs of Colombia)
F. 229
Bogotá, 21 August 1975
Mr. Ambassador,
I have the honor to refer to Your Excellency´s Note No. 166 of the 6th of the current
month, referring to a number of concessions for the exploration and exploitation of
hydrocarbons in certain areas of the Caribbean Sea.
Without the intention to initiate an unnecessary discussion by letter, I feel bound to
express to Your Excellency that the Government of Colombia regrets that it cannot share
the view expressed in the note I am answering, to the effect that the concessions referred
to in my Note No. DM-170 of 19 of April last, are located on the Nicaraguan continental
shelf. On the contrary, it is the considered opinion of my Government that, according
to the rules and principles of international law in force, these areas are under the sovereignty
of Colombia.
I avail myself of this opportunity to reiterate to you the assurances of my highest consideration
and esteem.
INDALECIO LIEVANO AGUIRRE
Minister of Foreign Affairs
To His Excellency
Mr. WILLIAM BARQUERO MONTIEL
Ambassador Extraordinary and Plenipotentiary
of Nicaragua
Bogotá

Annex 57
DIPLOMATIC NOTE N° DM-00156 FROM THE COLOMBIAN FOREIGN
MINISTER TO THE NICARAGUAN AMBASSADOR IN BOGOTA,
28 MARCH 1977
(Archives of the Ministry of Foreign Affairs of Colombia)
DM - 00156 Bogotá, D.E., 28 March 1977
Mr. Ambassador,
The Government of Colombia has been informed that the learned Government of Your
Excellency granted to the firm Occidental Petroleum Corporation a concession for the
exploitation of hydrocarbons in an area adjacent to the Archipelago of San Andres, located
at Latitude 14 43' 59" N. and Longitude 81 39' 50" W., to the east of the 82 meridian
of Greenwich.
I am bound to express to Your Excellency the surprise of my Government for the occurrence
of this situation, which in this occasion has been made more serious owing to the
nature of the projected concession. In this regard, I reiterate to Your Excellency that any
activities of exploration and exploitation analogous to those I am referring to, cannot in
any manner be used as a basis for the invocation of alleged Nicaraguan rights over zones
belonging to the maritime domain of Colombia.
Inspired by the best wishes to preserve harmony and close friendship between our two
nations, my Government trusts that the learned Government of Nicaragua will refrain
from carrying out activities of this kind in those areas and will suspend those already
authorized or undertaken.
I remain, truly yours,
INDALECIO LIEVANO AGUIRRE
Minister of Foreign Affairs of Colombia
To His Excellency
Mr. WILLIAM BARQUERO MONTIEL
Ambassador of Nicaragua
Bogotá
227

Annex 58
DIPLOMATIC NOTE N° DM-00457 FROM THE COLOMBIAN FOREIGN
MINISTER TO THE NICARAGUAN AMBASSADOR IN BOGOTÁ,
24 OCTOBER 1977
(Archives of the Ministry of Foreign Affairs of Colombia)
DM 00457
Bogotá, 24 October 1977
Mr. Ambassador,
The Government of Colombia has been informed that the learned Government of Your
Excellency has granted to the firms “Occidental of Nicaragua Inc.” and “Western
Caribbean Petroleum Company” a concession for the exploration of petroleum in an area
adjacent to the Archipelago of San Andrés located in the following manner:
“Starting at the Initial Point, Lat. 15 00' North and Long. 81 54' 00" West, following
towards the East until Long. 81 30' 00" West, and then towards the South, until Lat. 14
59' 08" North and from this point towards the isobath forming the eastern limit of the
Bloque Agua Azul. Following that isobath towards the South, until 14 59' 00" North, a
line will be followed towards the East, until reaching 81 40' 00" which is the North-
South divider, between Bloque 1 and Bloque Miskito and then towards the North, until
Lat. 14 59' 08" North, from this point towards the West, until Long. 81 54' 00" West, and
finally towards the North, until the Initial Point and Lat. 15 00' 00" North and Long 81
54' 00" West.
I must once again express to Your Excellency the pronounced surprise of my
Government because such a measure has been adopted in areas belonging to my country’s
maritime sovereignty and jurisdiction. This surprise is bigger in this occasion due
to the fact that in the concession I am referring to reference is made to the so-called
“Bloque Agua Azul”, “Bloque 1” and “Bloque Miskito”, all of which, given that they are
also located in maritime spaces of Colombia, were objected in a timely manner by means
of Notes DM-170, DM-229 and DM-480 from this Ministry, throughout the year 1975.
In this regard, I must, once again, reiterate that the measures adopted by the learned
Government of Your Excellency are no compatible with the harmony and cordial friendship
that traditionally have governed the relationship between our two nations.
229
For these reasons, my Government trusts that the learned Government of Nicaragua will
refrain from carrying out activities of any kind in those areas and would rescind those
that could have been already authorized.
I avail myself of this opportunity to reiterate to Your Excellency the assurances of my
highest consideration.
INDALECIO LIEVANO AGUIRRE
Minister of Foreign Affairs
To His Excellency
Mr. WILLIAM BARQUERO MONTIEL
Ambassador Extraordinary and Plenipotentiary
of Nicaragua in Colombia
Bogotá
230
Annex 59
DIPLOMATIC NOTE NO. DM- 00482 FROM THE COLOMBIAN FOREIGN
MINISTER TO THE CHARGÉ D’AFFAIRES OF NICARAGUA IN BOGOTÁ,
15 NOVEMBER 1977
(Archives of the Ministry of Foreign Affairs of Colombia)
DM- 00482
Bogotá, 15 November 1977
Honorable Sir:
I must convey to Your Honor my Government’s reservations due to the extension, for a
term of three years, of a concession that had been grated by the Enlightened Government
of Nicaragua to the company Oil of California, in the so-called “Bloque Unión V”, over
which I had already reserved my country’s rights by note DM-170 of April, 1975.
Likewise, I must convey an identical reservation due to the exploration works carried out
by the “Buttes” Company in the block called ‘Montara 1’ that, as in the case quoted
above, comprises areas pertaining to the Archipelago of San Andrés and Providencia.
My Government is certain that activities such as those I have referred to, far from generating
rights of any kind for Your Honor’s Government, are counterproductive and
unlike the traditional links existing between our two countries.
I avail myself of this opportunity to reiterate to Your Lordship the assurances of my highest
consideration and appreciation.
INDALECIO LIÉVANO AGUIRRE
Minister of Foreign Affairs
The Honorable
Mr. OCTAVIO SANABRIA CENTENO
Chargé d’affaires a.i.
of Nicaragua
Bogotá.-
231

Annex 60
AIDE-MÉMOIRE FROM THE UNITED STATES EMBASSY IN MANAGUA
TO THE GOVERNMENT OF RECONSTRUCTION OF NICARAGUA
RECORDING THE HISTORY OF NEGOTIATIONS ON QUITASUEÑO,
16 JULY 1981
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
233
234
235
236
237
238
239
240
Annex 61
DIPLOMATIC NOTE N° 23 FROM THE FRENCH EMBASSY IN BOGOTÁ
TO THE COLOMBIAN FOREIGN MINISTRY, 26 JANUARY 1982
(Archives of the Ministry of Foreign Affairs of Colombia)
Embassy of France in Colombia
Bogotá, 26 January 1982
No. 23
The Embassy of France presents its compliments to the Ministry of Foreign Affairs and
has the honor of conveying the following:
The French Petroleum Institute intends to carry out, during the month of March 1982, a
marine geophysical survey along the southwest of Jamaica in the vessel “Resolution”.
The purpose of this research is to complete the current information on the structure and
geological history of the main sedimentary basins of this region, within the framework
of a geological synthesis of the Greater Antilles.
Since the perimeter of the foreseen research extends to a distance of 26 miles from the
Island of Bajo Nuevo located under Colombian sovereignty, the Embassy of France has
the honor to request the authorization of the competent Colombian authorities to the
effect that the French Petroleum Institute may carry out its projected studies in the aforementioned
zone.
The Embassy of France would appreciate the Ministry of Foreign Affairs advising it as
to the course followed with regard to this request and avails itself of the opportunity to
manifest the assurances of its highest consideration.
[stamp reads: Embassy of France in Colombia]
[Initialed, illegible]
Ministry of Foreign Affairs
Legal Affairs Division
Bogotá
241

Annex 62
DIPLOMATIC NOTE N° SG. 00222 FROM THE COLOMBIAN FOREIGN
MINISTRY TO THE FRENCH EMBASSY IN BOGOTÁ,
16 FEBRUARY 1982
(Archives of the Ministry of Foreign Affairs of Colombia)
SG. 00222
The Ministry of Foreign Affairs presents its compliments to the Honorable Embassy of
France, with reference to its Note number 23 of 26 January of the current year.
In this regard, it is pleasant to inform that Honorable Mission, that the Maritime and
Ports Directorship-General has addressed this Ministry granting its consent to the
request of the French Government for the French Petroleum Institute to carry out a
marine geophysical survey in the vessel “Resolution”, 26 miles off the Island of Bajo
Nuevo, in Colombian Jurisdiction, provided the following requirements are fulfilled:
- Information as to the characteristics of the vessel.
- Type of exploration, equipment, list of crewmembers and scientists.
- Start date, duration, etc. to issue notice to sailors.
- Opinion of the Ministry of Mines and Energy and Inderena [National Institute of
Natural Resources] (Article 104 of Decree 2349/71).
- Letter of intent to deliver the results of the study of the Republic of Colombia and, if
possible, participation of the acquired samples.
- Specific information on the methodology and specialized equipment to be used in
sample gathering.
- Provide sleeping and other facilities for an inspector designated by DIMAR by resolution,
during the time of the sample gathering in Colombian waters.
- Involvement of scientific personnel in the development of the survey in Colombian
waters.
The Ministry of Foreign Affairs avails itself of the opportunity to reiterate to the
Honorable Embassy of France, the assurances of its highest and most distinguished consideration.
Bogotá, 16 February 1982.
243

Annex 63
NOTES FROM THE JAMAICAN DIRECTOR OF FISHERIES TO THE
COLOMBIAN CONSUL GENERAL IN KINGSTON PURSUANT TO THE 1981
FISHING AGREEMENT
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
245
246
247
248
249

Annex 64
NOTES FROM THE JAMAICAN DIRECTOR OF FISHERIES TO THE
COLOMBIAN CONSUL GENERAL IN KINGSTON PURSUANT TO THE 1984
FISHING AGREEMENT
(Archives of the Ministry of Foreign Affairs of Colombia)
Documents on pages to follow
251
252
253
254
255
256
Annex 65
DIPLOMATIC NOTE N° 340 FROM THE UNITED STATES EMBASSY IN
BOGOTÁ TO THE COLOMBIAN FOREIGN MINISTRY, 25 APRIL 1994
(Archives of the Ministry of Foreign Affairs of Colombia)
Document on page to follow
257
258
Annex 66
DIPLOMATIC NOTE N° ST./757 FROM THE COLOMBIAN FOREIGN
MINISTRY TO THE UNITED STATES EMBASSY IN BOGOTÁ
FURNISHING A COPY OF THE MAPATTACHED TO THE
1983 AGREEMENT, 1994
(Archives of the Ministry of Foreign Affairs of Colombia)
ST. / 757
The Ministry of Foreign Affairs presents its compliments to the Honorable Embassy of
the United States of America, on the occasion to refer to its note No. 340 of 25 April
1994, with regard to certain documents of the 1972 Vázquez-Saccio Treaty.
In that regard, the Ministry of Foreign Affairs is pleased to submit to that Enlightened
Mission, copy of the note Nº DM-01763 of 6 December 1983 and the map of the area of
Roncador, Serrana and Quitasueño.
The Ministry of Foreign Affairs avails itself of the opportunity to reiterate to the
Honorable Embassy of the United States of America, the assurances of its highest and
most distinguished consideration.
Santafé de Bogotá, D.C.,
To the Honorable
Embassy of the United
States of America
The city.
259

Annex 67
DIPLOMATIC NOTE Nº DM. 172-96 FROM THE COSTA RICAN FOREIGN
MINISTER TO THE COLOMBIAN FOREIGN MINISTER,
14 MAY 1996
(Archives of the Ministry of Foreign Affairs of Colombia)
(The Minister of Foreign Affairs and Religious Observance)
DM - 172-96
San José, 14th May 1996
Your Excellency:
I have the honor to address Your Excellency on the occasion of acknowledging receipt
and referring to the note numbered DM-00037 that you addressed to me on 11th April
last, by means of which you let me know the position of the Illustrious Government of
Colombia with regard to the Treaty on the Delimitation of Marine and Submarine Waters
signed on the 17th of March 1977 by both countries.
With regard to the content of the said note, first I must express to Your Excellency that
the Government of Costa Rica took note that for the Illustrious Government of Colombia
there is no dispute whatsoever with the Republic of Nicaragua regarding the sovereignty,
possession and control that the former exercises over the entire Archipelago of San
Andres and Providencia.
Conversely, in second place, I inform Your Excellency that in the Government of Costa
Rica’s view, in full harmony with international norms as embodied in the Vienna
Convention on the Law of Treaties, the Treaty on Maritime Delimitation between
Colombia and Costa Rica has been complied with, is being complied with and will continue
to be complied with, as a show of good faith of the Parties. The terms of that Treaty
are clear, unequivocal and the absence of incidents or difficulties between both countries
in this matter evidences the beneficial character of that legal instrument.
Finally, I take the liberty of confirming to Your Excellency that the said Treaty is, currently,
being submitted to the process of approval by the Legislative Assembly, in accordance
with the provisions of the political Constitution of Costa Rica.
261
I avail myself of the opportunity to reiterate to Your Excellency the assurances of my
highest and most distinguished esteem.
(Signed)
FERNANDO E. NARANJO V.
To His Excellency
Camilo Reyes Rodríguez
Minister of Foreign Affairs a.i.
Santa Fe de Bogota, Colombia
262
Annex 68
DIPLOMATIC NOTE N° ST 29040 FROM THE COLOMBIAN FOREIGN
MINISTRY TO THE UNITED STATES EMBASSY IN BOGOTÁ,
6 AUGUST 1996
(Archives of the Ministry of Foreign Affairs of Colombia)
REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS
[Received stamp reads: AMERICAN EMBASSY
BOGOTA - COLOMBIA]
06 Aug 1996
ST 29040
The Ministry of Foreign Affairs kindly addresses the Embassy of the United States of
America and refers to the recent conversations between representatives of our governments,
in development of what’s established in Articles 2 and 3 of the “Treaty between
the Government of the Republic of Colombia and the Government of the United States
of America, relative to the situation of Quitasueño, Roncador and Serrana” of 1972 and
the Third Meeting of Consultations between Colombia and the United States, which was
celebrated in Cartagena, on the 17 and 18 of May 1994, with the aim of verifying the
compliance with the Colombian rules of conservation applicable to the fishing activities
of American vessels in the space of the aforementioned treaty, and only for its effects, in
accordance with what was established in the Exchange of Notes of 08 September 1972.
The Ministry allows itself to present the understandings of both governments as follows:
1 - The Government of the United States of America authorizes the officers of the vessels
of the National Navy and the Coastguard Corps of the Government of the Republic
of Colombia, to aboard and inspect vessels with flag of the United States of America that
undertake fishing operations in waters of the area of the Treaty, as is described in its
Articles 2 and 3, with the object of verifying the compliance with the rules of conservation
set forth by the Government of the Republic of Colombia and according to what was
agreed with the government of the United States of America in relation to the terms of
the Treaty.
2 - The Government of the Republic of Colombia will make sure that the officers of the
vessels of the National Navy and the Coastguard Corps perform the said boarding,
inspection and verification with the minimum interference to the fishing vessel.
263
3 - If it is found out that a vessel with United States flag is carrying out fishing operations
in waters of the area of the Treaty, that do not comply with the rules of conservation
set forth by the Government of the Republic of Colombia according to the terms of
the Treaty, the officers of the vessels of the National Navy and the Coastguard Corps
shall register the violation as it corresponds and shall provide such information to the
United State’s officials in charge of Law enforcement, so that they can be used in the
investigation and trial of any violations if there was merit for it.
4 - The Government of the Republic of Colombia shall make sure that the officers of the
vessels of the National Navy and the Coastguard Corps, in the activity of verifying the
compliance with Colombian fishing rules on conservation, shall neither stop nor seize
the vessels of United States flag nor their crew.
5 - The vessels of the United States of America, which are found to be violating the
Colombian fishing rules on conservation established according to the terms of the Treaty,
shall be asked to cease their fishing operations and to abandon the waters of the area of
the Treaty until the matter is solved by the United State’s officials charged with law
enforcement.
6 - This agreement can only be modified by mutual consent, in writing, of both governments.
The Ministry of Foreign Affairs has the honor to propose that this note and the favorable
note of response of the Embassy constitute an agreement, which shall enter into force in
the date of the response note.
The Ministry of Foreign Affairs of Colombia avails itself of the opportunity to express
to the Embassy of the United States of America, its highest esteem.
Santafé de Bogota, 05 August 1996
264
Annex 69
NOTE Nº DVM 103 FROM THE COSTA RICAN FOREIGN VICE-MINISTER
TO THE COLOMBIAN AMBASSADOR IN COSTA RICA,
23 MARCH 1997
(Archives of the Ministry of Foreign Affairs of Colombia)
The Vice-Minister of Foreign Affairs and Religious Observance
DVM. No. 103 San José, 23 March 1997
Your Excellency
Jorge Michelsen
Colombian Ambassador in Costa Rica
Your Excellency Mr. Ambassador:
I have the honor to address Your Excellency in reference to the article of Freddy Pacheco
published last week in the journal La Prensa Libre.
I was surprised to read this article that completely distorts the position of the
Government of Costa Rica with respect to the Treaties on Maritime Limits between the
Republic of Costa Rica and the Republic of Colombia, signed in 1977 and in 1984, and
that erroneously states that Costa Rica has decided not to ratify these instruments.
In this regard, my Government reiterates what has been already stated in previous notes
with respect to our interest in having those treaties ratified by our Legislative Assembly,
both of them being in its agenda. The Government of Costa Rica, in accordance with the
Law of Treaties, shall continue to comply with what was agreed without acting against
it.
I avail myself of the opportunity to reiterate to Your Excellency the assurances of my
highest and most distinguished esteem.
(Signed)
Rodrigo X. Carreras J.
Vice-Minister
265

COLOMBIAN OFFICIAL DOCUMENTS
267

Annex 70
COLOMBIAN LAW OF 8 OCTOBER 1821, ON THE ORGANIZATION AND
POLITICAL REGIME OF THE DEPARTMENTS, PROVINCES AND
CANTONS IN WHICH THE REPUBLIC IS DIVIDED.
(Cuerpo de Leyes de la República de Colombia, Tomo I, Londres, Imprenta Española
de M. Calero, 1825, pp. 142-153)
LAW
On the organization and political regime of the departments, provinces and cantons in
which the Republic is divided.
The General Congress of Colombia
Considering
That a law is required in order to arrange for the political and economical rule of the
different sections in which the Republic is divided, according to the provisions of Title
7 of the Constitution;
Has decreed as follows:
TITLE I
About the Departaments [States/provinces].
Art. 1. In accordance with the provisions of the Constitution, the territory of the Republic
is divided, for the time being, in seven departments, as follows:
1. That of ORINOCO, under this name, comprising the provinces of Guayana, Cumaná,
Barcelona and Margarita.
2. That of VENEZUELA, comprising the provinces of Caracas and Barinas.
3. That of SULIA, comprising the provinces of Coro, Trujillo, Mérida and Maracaibo.
4. That of BOYACÁ, comprising the provinces of Tunja, Socorro, Pamplona and
Casanare.
5. That of CUNDINAMARCA, comprising the provinces of Bogotá, Antioquia,
Mariquita and Neiba.
6. That of CAUCA, comprising the province of Popayán and that of Chocó, the latter
including Nóvita and Citará.
269
7. That of MAGDALENA, comprising the provinces of Cartagena with its adjacent
islands, Santamarta and Riohacha.
Art.2. The residence of the intendentes will be:
1. In the department of Orinoco, the city of Cumaná, and for as long as it is occupied by
the enemy, the place that the government chooses.
2. In that of Venezuela, the city of Caracas.
3. In that of Sulia, the city of Maracaibo.
4. In that of Boyacá, the city of Tunja.
5. In that of Cundinamarca, the city of Bogotá.
6. In that of Cauca, the city of Popayán.
7. In that of Magdalena, the city of Cartagena, and as long as it is under control by the
enemy, the city of Santamarta.
Art.3. The other parts of the territory of Colombia which are free, or which will be incorporated
later to the Republic, will provisionally attach to the nearest department.
Considering its extension and circumstances, the executive branch can form a new
department, under the same principles established by the Constitution and by the present
Law. The said principles, along with the other laws of the Republic, will be put in effect
in those places and the Congress will be informed at its next meeting, in order that it
makes the definitive arrangements.
TITLE II
About the Intendentes
(…)
TITLE III
About the Governors
(…)
TITLE IV
About the Political Judges
(…)
TITLE V
About the councils and mayors of towns
(…)
To be communicated to the executive branch for its implementation.
Given at the Palace of the General Congress at the Villa del Rosario de Cúcuta on 8
October 1821, Year Eleven of the Independence
270
The President of Congress
Jose Ignacio de Marques
The Deputy-Secretary
Francisco Soto
The Deputy-Secretary
Miguel Santamaria
Palace of Government at el Rosario de Cúcuta, 8 October 1821
To be obeyed, published and circulated.
BOLIVAR
By H.E. the Liberator President
The Minister of the interior
D.B. Urbaneja
271

Annex 71
DIVISION OF THE PROVINCE OF CARTAGENA IN SIX CANTONS.
PROVISION OF 16 MARCH 1822 ISSUED BY
GENERAL MARIANO MONTILLA, GOVERNOR
(Archives of the Ministry of Foreign Affairs of Colombia)
FIRST CANTON OF THE CAPITAL
(…)
Twenty-four towns, two Councils and 39,000 souls, which correspond to ten Electors.
SECOND CANTON OF BARRANQUILLA
(…)
Twenty-three towns, two Councils and 37,210 souls, which correspond to nine Electors.
THIRD CANTON OF COROZAL
(…)
Twenty-six towns, three Councils and 34,024 souls, which correspond to eight Electors.
FOURTH CANTON OF CHINU
(…)
Thirty-four towns, four Councils and 38,135 souls, which correspond to nine Electors.
FIFTH CANTON OF MOMPOX
(…)
Twenty-two towns, three Councils and 31,217 souls, which correspond to eight Electors.
273
SIXTH CANTON OF SAN ANDRÉS
Integrated by the five islands named San Andrés, Santa Catalina, Vieja Providencia and
Los Mangles with a municipality of two thousand one hundred and thirty souls.
As it falls short of four thousand souls, this Canton will have one Elector.
SUMMARY
Cantons…………………………….. 6
Municipalities……………………… 15
Towns……………………………… 136
Souls……………………………….. 132,387
Electors……………………………. 45
Which should translate into six representatives for the Congress.
Cartagena, on 16 March 1822, 12th1
(signed)
Mariano Mantilla
1 This alludes to the fact that 1822 was officially the 12th Year since the Independence
of Colombia.
274
Annex 72
DECREE OF THE GOVERNOR OF CARTAGENA, COLOMBIA, BANNING
THE EXTRACTION OF GUANO IN THE ARCHIPELAGO OF SAN ANDRÉS,
15 NOVEMBER 1854
(Ministry of Foreign Affairs of the Republic of Colombia, files at the
General Archives of Colombia, Bogotá, Folder N°9, Crónica Oficial de la Provincia de
Cartajena, N° 127, Cartagena, 19 November 1854)
[Enclosure, Note N° 52 from the Governor of the Province of Cartagena to the United
States Consul in that city, Mr. Ramon Leon Sanchez, enclosing 1854 Decree prohibiting
guano extraction on the islands that form part of the Canton of San Andrés, 22 November
1854, Annex 25]
It is authentic -
The 1st officer in charge of the Secretariat of the Governorship,
Luis Maria de Ochoa
OFFICIAL CHRONICLE
OF THE PROVINCE OF CARTAGENA
15TH Quarter Cartagena, 19 November 1854. N° 127.
Forbidding the extraction of guano from the islands that are part of the Canton of San
Andrés
The Governor of the Province of Cartagena,
Considering:
That the any vacant lands comprised in the national territory and the products of
those lands are the exclusive property of the Republic, by the legal powers vested in him,
Decrees:
Art. 1.° Any extraction of guano from the recently discovered deposit in the
District of Providencia, or from any other that may be discovered in the future in the
group of islands that form the Archipelago of San Andrés, is hereby prohibited.
Art. 2.° Those infringing this prohibition shall be considered and prosecuted as
defrauders of the Republic’s finances.
275
Be it made known to all the Consuls residing in this location; to the Political Chief of
San Andrés for its strictest compliance, and to the Chargé d’Affaires of the Republic to
the United States Government for matters of his competence.
Done at Cartagena, on 15 November 1854 - RAFAEL NÚÑEZ.-The Secretary, Henrique
P. de la Vega.
276
Annex 73
COLOMBIAN LAW 25 OF 24 APRIL 1871
(Diario Oficial, N° 2.227, Bogotá 29 April 1871)
LAW 25 (of 24 April),
regarding the exploitation of guano and coconut groves belonging to the Government
of the Union in the territory of San Andrés and San Luis de Providencia.
THE CONGRESS OF THE UNITED STATES OF COLOMBIA
D E C R E E S :
Art. 1.° The Executive Branch shall order to lease in public tender and for a term of five
years, the right to extract guano and collect coconuts on the islets of Alborkeator
[Alburquerque], Roncador and Quitasueño, in the Territory of San Andrés and San Luis
de Providencia.
Art. 2° The lease shall be made before the Prefect of the Territory, having previously
issued a public invitation in the Territory itself, at Colon, New York, Baltimore,
Philadelphia and Jamaica, at least 90 days in advance, and the contract that is concluded
shall be submitted to the approval of the Executive Branch.
Art. 3° The profit obtained from such lease shall be applied:
1. To the sustenance of elementary education in the Territory;
2. To the payment of the rest of the municipal employees established in the Territory;
3. To the acquisition and maintenance of a lighthouse at the location on those islets that,
provided for in a prior report of the Prefect, the Executive Branch designates.
Art. 4° The Executive Branch is authorized to collect in the aforementioned Territory an
import duty of up to five percent on the value of the goods imported for consumption,
taking as a basis, the sworn statement of the importer, duties which shall be applied to
paying the salary of the Prefect and his Secretary. To that effect, the Executive Branch is
authorized to appoint an Administrator and other Customs employees and assign as
salary to them, payable out of the profit of the aforementioned duties.
Done at Bogotá, on the twenty-second of April, eighteen seventy-one. - The President of
277
the Senate of Plenipotentiaries, Jacobo Sánchez. The President of the Chamber of
Representatives, Pablo Arosemena. - The Secretary of the Senate of Plenipotentiaries,
Julio E. Pérez - The Secretary of the Chamber of Representatives, Víctor Mallarino.
Bogotá, 24 April 1871 - Be it published and executed.
(L.S.)
EUSTORJIO SALGAR
The Secretary of Finance and Development, Salvador Camacho Roldán.
278
Annex 74
NOTE N° 5 FROM THE PREFECT OF THE NATIONAL TERRITORY OF
SAN ANDRÉS AND SAN LUIS DE PROVIDENCIA TO THE SECRETARY OF
FINANCE AND DEVELOPMENT, SAN LUIS, 26 SEPTEMBER 1871
(Archives of the Ministry of Foreign Affairs of Colombia, 25 December 1871,
folio 829)
UNITED STATES OF COLOMBIA
National Territory of San Andrés and San Luis de Providencia
Number 5
San Luis, 26 September 1871
THE PREFECT.
Mr. Secretary of Finance and Development:
For information purposes of the Government of the Union, I am honored to inform you
that on the islets known as “Roncador” and “Quitasueños”, pertaining to the territory the
administration of which I am in charge and distant 80 miles from San Andrés island, certain
citizens of the United States of America fish turtle and tortoises and extract the
guano contained in those islets exporting it to England, according to the information that
this Prefecture sent to the Corregidor of San Andrés, the original of which I enclose to
this note.
As this represents an abuse that is highly damaging to the interests of the territory I have
given strict orders to the Corregidor of the island of Providencia in order that he precludes
that American ships take the guano from those islets and now I report this so that
you can take the measures that you consider are required.
From you, Mr. Secretary, I remain, truly yours
Your servant,
(signed) Polidoro Martinez
279

Annex 75
COLOMBIAN DECREE ISSUED BY THE PREFECT OF THE NATIONAL
TERRITORY OF SAN ANDRÉS AND SAN LUIS DE PROVIDENCIA,
26 SEPTEMBER 1871
(Archives of the Ministry of Foreign Affairs of Colombia, 25 December 1871, Folios
829-840)
Decree prohibiting the extraction of guano from the cays of the territory known by the
names of Alborkeator, Roncador and Quitasueños.
The Prefect of the national territory of San Andrés and San Luis de Providencia,
In exercise of his legal powers,
DECREES:
Art.1.- The extraction of guano from the cays of the territory known as Alborkeator,
Roncador and Quitasueños, as well as that from the remainder cays connected to the
islands of San Andrés and Providencia where the same material may be found, is hereby
forbidden.
Art.2o.- Violators of this prohibition will be prosecuted and tried for crimes against the
national treasure.
Given in San Luis on 26 September 1871
The Prefect, Polidoro Martínez
The Secretary, Emilio Martínez
Certified copy,
The Secretary of the Prefecture, Emilio Martínez
281

Annex 76
REPORT BYTHE PREFECT OF THE NATIONAL TERRITORY OF SAN
ANDRÉS AND SAN LUIS DE PROVIDENCIA TO THE GOVERNMENT OF
THE UNION, 25 NOVEMBER 1871
(Memoria del Secretario de lo Interior, Bogotá, Imprenta La Nación, 1872)
REPORT
Of the Prefect of the National Territory of San Andrés and San Luis de Providencia to
the Government of the Union
Mr. Secretary of the Interior and Foreign Affairs.
In charge of the administration of this section of the Republic, I hereby comply with the
duty imposed upon me by the 10th attribute of article 3.° of the executive decree issued
pursuant to the law of 4 June 1868 on territories, providing you in all truth, by means of
the present report, with a brief but faithful presentation of its current state and of the
course followed but the administration of the territory in the current year.
…………………………………………………………………............................……….
V.
Dated 20 October of the current year, the Secretary under your charge was furnished with
the general population census of the territory that the Government of the Union had
ordered to be carried out, in order to determine exactly what population exists in the
same territory. And, according to the chart submitted to that Secretary, this section has a
population of three thousand, five hundred and thirty persons, on whom, according to the
law, the epithet of civilized befits.
VI.
On the appointed date, and in accordance with the provisions included in the decree of
the Executive Branch, pursuant to the law on territories, the elections for Delegate and
Chamber of Representatives took place in a most orderly fashion. In them, only the agitation
that is inherent to these solemn acts among peoples ruled by free institutions has
been evidenced. Respect for the law shall bring us as close as possible to perfection in
the exercise of electoral rights that are the basis upon which popular governments rest.
283
VII.
The island of San Andrés, that due to its extension was divided in the corregimientos
[districts] of San Luis and San Andrés, has wonderful ways of communication. The
municipal Councils, according to the agreements that they have issued regulating subsidiary
personal labor, have achieved the permanent preservation of roads in a good state,
and the Corregidors [mayors] zealously care for this important matter.
………………………………………………………………….............................………
X.
The Nation holds in this territory a portion of land that, because it is so forgotten, it could
be said almost to be lost, but that is however susceptible of procuring some value to the
Treasury, wherefore I ordered it to be demarcated and measured; because fiscal interest
does not permit -nor does the decorum of the official in charge of the administration of
this section so aware- neglect, on the one hand, and a misunderstood tolerance on the
other, to lead others to acquire titles that can never be created, and that while the territory
finds itself without resources to attend to fair demands, it does not take advantage of
the revenue that that portion of land may afford it, leasing it under good terms, since it
contains many cedar trees, “mora” wood and brazil wood, that have good prices in trade.
Besides this portion of land, estimated in sixty fanegadas[T.N.], the Nation has the islets
known by the names of “Alborkeator” [sic], “Roncador” and “Quitasueños”, that have
deposits of regular-quality guano. From these two last islets, certain vessels coming from
the United States of America have extracted a considerable amount of the aforementioned
product in the current year, as the Corregidor of the Corregimiento de Providencia
informed this office; wherefore I issued a decree on 26 September of this year, prohibiting
guano extraction from the referred-to islets and gave strict orders to the same
Corregidor to prevent the continuation of the perpetration of such abuse in detriment of
the Nation’s interests.
XI.
I am pleased to convey to you, that the section of the “Pichincha” Battalion number 8°,
designated by the Executive Branch of the Union to form the garrison in this Territory,
has earned the general appreciation of the inhabitants of the same, due to the exemplary
behavior displayed during their stay in it. I consider it my duty to commend to the
Government the conduct of the Forces and of the Second Lieutenant Ricardo Max
Gaona.
[T.N.] “FANEGADA” IS A LAND MEASURE: 1 FANEGADA EQUALS 1.59 ACRES.
[T.N.] “PANELA” IS A BLOCK OF UNREFINED BROWN SUGAR, USUALLYA BY-PRODUCT
OF SUGARCANE PROCESSING, SIMILAR TO MOLASSES AND WIDELY CONSUMED
IN COLOMBIA.
284
XII.
Agriculture, that is the specialty industry of the territory, and that which with relatively
less expenses than any other rewards the labor and capital devoted to it with considerable
products, acquires a progressive development day by day. On the island of San
Andrés, particularly, agriculture is expanding and receiving numerous improvements,
the results of which exceed the most flattering expectations. In such a way, grown capitals
are settling in the territory that, due to the profits they yield, prepare the productive
funds that other terrains require.
The coconut plantations extend with astonishing speed, being the most fertile spring of
riches and capital. There are also lovely cotton plantations that produce copious harvests,
and there are two facilities for the production of “panela”[T.N.], that are a cause of satisfaction
for the territory, no less so than for the owners of those properties.
XIII.
The increased values of the different export products provided by the agricultural industry
of the territory afford a large mass of profits, exchanged for merchandise sent to us
from certain localities of the United States of America and Jamaica.
Since January of the current year until 31 October, several vessels from the United States
have arrived at the ports of the territory, seeking coconuts. Attached to this report, I submit
a chart to you including the port of origin of the vessels, their name and that of their
respective captains, and the dates of their arrival and departure.
It is estimated that the vessels included in the chart have exported two million coconuts
that, bought here for the fixed price of twenty-five pesos for every thousand coconuts,
represent a considerable amount in trade, that it would not be adventurous to estimate in
five hundred thousand pesos.
It has not yet been possible to systematize a plan whereby it may be feasible to make an
exact investigation as to the amount that the value of the articles imported and consumed
in the territory reaches, upon establishing the customs office, and having great care, it
will be possible to form the trade statistics.
...........................................................................................................................................
Sal Luis, 25 November 1871.
Mr. Secretary.
Polidoro Martinez.
285

Annex 77
NOTE N° 35 FROM THE PREFECT OF THE NATIONAL TERRITORY OF
SAN ANDRÉS AND SAN LUIS DE PROVIDENCIA TO THE SECRETARY OF
FINANCE AND DEVELOPMENT OF THE UNION, 25 DECEMBER 1871
(General Archives of Colombia, 1871, INCORA, folio 728 and ff.)
UNITED STATES OF COLOMBIA
National Territory of San Andrés and San Luis de Providencia
Number 35
San Luis, 25 December 1871
THE PREFECT
Mr. Secretary of Finance and Development,
I have the honor to inform you, and the Government through you, that today the coconut
grove located on the islet known indistinctly as “Alborkeator” or “South-south-west”
was leased by public auction and that the lease was adjudicated to Mr. John C.
Sterkenberg for a period of five years and for the sum of 1,001 pesos.
I enclose the original of the contract signed in order that it is either approved or rejected
by the Executive Branch of the Union.
I remain truly yours, your obedient servant,
Polidoro Martínez
[Enclosure follows, see next page]
287
Exploitation of Coconut Groves and Guano in San Luis de Providencia
Contract between the Prefect of San Andrés and San Luis de Providencia
and Mr. J.C. Sterkenberg,
San Luis, 25 December 1871
Polidoro Martínez, Prefect of the National Territory of San Andrés and San Luis de
Providencia, on one hand, and Mr. John C. Sterkenberg, on the other, have concluded a
contract according to the following clauses:
First. Sterkenberg takes in lease from the Government the coconut grove located on the
islet known by the names of “Alborkeator” or “South-south-west”, for a term of five
years, starting from the 1st. of January of the next year;
Second. For the lease of the said Cocount Grove over the five years Sterkenberg will pay
the amount of one-thousand and one pesos in hard currency ($1,001.00) and he commits
to pay such amount in installments every three months. In case of default of payment he
will pay an interest of two and a half per cent a month on the sums he fails to cancel and
he and his properties in general will be responsible for the total amount.
Third. On behalf of the Government, Martínez commits to maintain Sterkenberg in possession
of said coconut grove for the period already mentioned or until Sterkenberg fulfill
his duty to pay the agreed sums within the five years.
Fourth. Sterkenberg commits further to make sure that nobody collects guano from the
said islet, save for the person who has acquired that right by way of lease.
The present contract will be submitted for approval to the Executive Branch of the
Union, pursuant to the provisions of Article 2nd. of the Law of 22 April of this year, concerning
the exploitation of the guano and coconut in the territory of San Andrés, belonging
to the Government of the Union.
288
Annex 78
NOTE N° 17 FROM THE PREFECT OF THE NATIONAL TERRITORY OF
SAN ANDRÉS AND PROVIDENCIA TO THE COLOMBIAN SECRETARY OF
THE INTERIOR AND FOREIGN AFFAIRS, 25 NOVEMBER 1872
(Archives of the Ministry of Foreign Affairs of the Republic of Colombia)
United States of Colombia.
Prefecture of the National Territory of San Andrés and San Luis de Providencia.
N°17
San Andrés, 25 November 1872.
Mr. Secretary of the Interior and Foreign Affairs.
During the visit that I just made to the Island of Providencia, I obtained the report that I
hereinafter communicate to you:
For a long time now, Mr. Alfred Chiddey, Agent for the trading house of G. Fhompren,
F. Bernard & Co. of London, has settled on the islet called “Roncador”, located 112
miles away from here, with the purpose of extracting guano. To that effect, they have a
house and workers there.
Mr. Rice, Agent for Mr. Philip Mino of Philadelphia, has likewise settled on another islet
called “Serrana”, 125 miles away from this island, with identical purpose.
These gentlemen claim to be owners of the aforementioned islets due to their purchase
thereof from the Colombian Government, and have even carried out sales amongst them,
so I have been informed, of the right to extract this or that product from the islets.
My first idea upon seeing this report was to travel to the reported locations and prevent
the abuse that these gentlemen have been committing, but as it seemed insufficient due
to my belief that a serious claim by the Government might be called for, I have decided
to await Your Excellency’s instructions on this delicate matter.
It is not unnecessary to convey to You, that travel by sea demands certain expenses,
because one cannot navigate but in schooners at the very least, which, as all sailing vessels,
are subject in their course to the changes in the wind, which being unfavorable car-
289
ries a great delay in the journey, and therefore considerably increases the term of the trip,
in order that You may authorize me to incur in the expense caused by the fulfillment of
the orders that you impart on the matter that I have dealt with in this note.
I am your attentive servant,
[signed]
Eduardo Mamby
290
Annex 79
CONTRACT FOR THE EXPLOITATION OF MINERALS AND FERTILIZERS
IN THE ARCHIPELAGO OF SAN ANDRÉS, 25 APRIL 1874
(Diario Oficial N° 3.152, Bogotá, 4 May 1874, p. 1653)
Secretary of Finance and Development
CONTRACT on the exploitation of minerals and fertilizers on certain vacant terrains
of the nation.
Aquileo Parra, Secretary of State for the office of Finance and Development of the
Government of the United States of Colombia, duly authorized by the national Executive
Branch, on the one hand, and Lazaro Maria Perez, on his own behalf, and on that of Mr.
J. Sescan, a banker in Paris, domiciled at the Place de Vendome, number 10, of whom
he is a representative, on the other, have concluded the following contract:
Art. 1.° J Sescan and Lazaro Maria Perez undertake to exploit by themselves or through
a representative or Company organized by them, the minerals and fertilizers found on the
vacant terrains of the national Territory of San Andrés and Providencia.
Art. 2.° In a year, as of the date on which the exploitation of each mine or deposit begins,
and in order for the Executive Branch to definitively determine the extension of terrain
granted to the enterprise, the entrepreneurial Company shall submit to the Executive
Branch a chart of the area or land on which the mine or deposit of fertilizer lies, on which
it shall be marked with adequate precision, the part of the terrain that is indispensable for
the exploitation of the mine, for its development and that to be adjudicated to the workers
and settlers.
Paragraph. The Executive Branch may not dispose of any stretch of the vacant terrains
of the national Territory of San Andrés and Providencia before the expiration of the year
within which the Company is to submit the aforementioned chart; but after the definitive
boundaries are fixed, by virtue of that submission, the Executive Branch may freely dispose
of the area not deemed indispensable for the aforesaid purposes.
Art. 3.° Twenty percent of the net profits of the exploitation correspond to the Republic.
291
Art. 4.° For purposes of the previous article, the contractor shall be under the obligation
to do the bookkeeping of the enterprise’s accounting in commercial style,
with the system of double entry; to adjust them to the provisions of the Code of
Commerce of the Nation; to settle accounts year by year; and to deposit at the general
Treasury of the Union, yearly, the quotas corresponding to the Republic, according
to the respective settlement approved by the Agent designated by the Executive
Branch.
Art. 5.° The accounting of the enterprise shall be substantiated as per commercial style,
and may be inspected at any time by the Agent designated by the Executive Branch; and
the observations he makes on any irregularities he notices and on unsubstantiated entries
or those that are insufficiently so, must be addressed satisfactorily by the entrepreneurs,
so that it can be admitted as stated.
Art. 6.° The contractor undertakes to make, within two years as of the date of this contract’s
approval by the Executive Branch, a deposit for an amount of five thousand dollars
($5,000) to the Union’s general Treasurer’s satisfaction, to ensure compliance with
the stipulations of this contract.
Art. 7.° The contractor shall incur in a fine of five thousand pesos, that shall accrue the
national Treasury, in case he fails to comply with any of the following stipulations:
1.st That contained in the first part of article two of this contract;
2.nd If the exploitation works have not begun within three years as of the date of
this contract’s approval by the Executive Branch.
Art. 8.° The rights acquired by the entrepreneur through this contract may not be transferred
to any foreign Government.
Art. 9.° The duration of this contract shall be of fifty years, as of the date on which the
extraction of minerals and fertilizers commences; at the end of which, the roads or railways
built by the entrepreneur to facilitate the transport of the minerals and fertilizers,
as well as the works, machinery, devices and other elements employed by him in the
exploitation, shall become properties of the Republic, free of charge.
Art. 10. This contract shall terminate in the following cases:
1.° If within two years, as of the date of its approval by the Executive Branch,
the entrepreneurial Company is not organized and the deposit provided for in
Article 6.° has not been made;
2.° If the exploitation works have not begun within three years as of the date of
its approval by the Executive Branch;
292
3.° If the exploitation works are suspended for over twelve consecutive months,
except in the case of a duly substantiated Act of God, and so assessed by the
Executive Branch. In this case, and for the purposes of article five of this contract,
the fifty years of its duration shall be deemed to have lapsed.
4.° If the accounting of the enterprise is not kept in the way provided for in article
four of this contract; and
5.° If the entrepreneurs fail to deposit the part of the profits corresponding to the
Republic for two consecutive years, notwithstanding its collection by legal
means.
Art. 11. In case of a disagreement between the Government and the contractor, it shall
be resolved by the courts of the Republic in accordance to national law.
Art. 12. If the contractor should discover mines or fertilizer deposits in any other vacant
terrains of the Republic, except for those hereinafter listed, he shall be entitled to have
adjudicated to him, the area of land where those mines or deposits are found, along with
the adjacent territory that the Executive Branch deems necessary for their exploitation
and development, and to be adjudicated to the workers and settlers. The contractor shall
submit charts of such mines or deposits in accordance with the provisions of article 2.°,
and shall be subjected, with regard to those mines or deposits, to the same obligations
that he has undertaken by this contract with regard to those found on the Territory of San
Andrés and Providencia. The right hereby granted to the contractor shall only last for two
years; consequently, he shall not be able to exercise it if, within such time, exploitation
of those mines does not begin and if the corresponding charts and adjudication are not
made.
The vacant terrains exempted from this provision are the following: Those of the national
territory of Bolivar; those comprised in the zone across which the inter-oceanic canal
is to be excavated; those required to carry out the contracts concluded on 21st June last
with Mr. Gregorio Obregon, regarding the exploitation of minerals and fertilizers; and
those that have been granted to the entrepreneurs for material betterments by the current
contracts on the matter.
Art. 13. This contract shall not render its effects until it has been approved by the national
Executive Branch.
In witness whereof we sign two identical copies at Bogotá, on the twenty-fifth day of
April of eighteen-hundred seventy-four.
293
AQUILEO PARRA ----- LAZARO MARIA PEREZ.
-----
National Executive Branch. - Bogotá, 30 April 1874.
Approved.
The President of the Union,
(I.S.) S. PEREZ
The Secretary of Finance and Development,
AQUILEO PARRA
294
Annex 80
DEFINITIVE ADMINISTRATIVE TERMINATION OF CONTRACT FOR
THE EXPLOITATION OF MINERALS AND FERTILISERS IN THE
ARCHIPELAGO OF SAN ANDRÉS, 9 OCTOBER 1877
(Diario Oficial, N° 4.032, Bogotá, 12 October 1877, p. 4911)
Secretary of Finance and Development
………………………………………………............................………………………….
RESOLUTION whereby the definitive administrative termination of the contract concluded
with Mr. Lazaro Maria Perez, on 30 April 1874, “on the exploitation of minerals
and fertilizers on certain vacant terrains of the nation”, is declared.
Office of Finance and Development - Bogotá, 9 October 1877.
Having seen the following documents:
1.° The contract concluded by the Government of the Union with Mr. Lazaro Maria
Perez, on 30 April 1874, “on the exploitation of minerals and fertilizers on certain vacant
terrains of the nation” (Official Journal number 3,152);
2.° The executive resolution dated 7 February 1876, whereby Mr. Perez was granted a
one-year extension to make the deposit contemplated in article 6.° of that contract.
3.° The resolution of 28 June 1877, whereby the administrative termination of the same
contract is declared (Official Journal number 3,971);
4.° The resolution of 11 July 1877, whereby the effects of the former resolution are suspended
(Official Journal number 3,977); and
5.° The report rendered by the Prefect of the national Territory of San Andrés and
Providencia in note dated 10 August last, number 288, wherefrom it appears that the
exploitation works referred to in stipulation 2 of article 7.° of the contract in question
have not begun;
And, considering that, although it is true that Messrs. Flament and Company, of Paris,
by virtue of having replaced the initial concessionaries in the aforementioned contract,
complied with the duty of making the deposit contemplated in article 6.° in due time, nei-
295
ther they nor Mr. Perez have complied with the obligation of initiating the works for the
exploitation of minerals and fertilizers within the term set to that effect.
IT IS RESOLVED:
1.° The contract of 30 April 1874, concluded by the national Government with Mr.
Lazaro Maria Perez, “on the exploitation of minerals and fertilizers on certain vacant terrains
of the nation” is declared to be definitively terminated, the case foreseen in paragraph
2.° of its article 10 having been arrived at; and
2.° It is likewise declared that the contractor, that is Messrs. Flament and Company, of
Paris, in their capacity as substitutes of the initial concessionaries, have incurred in the
fine of five thousand pesos ($5,000), in favor of the national Treasury, for not having
complied with the 2nd stipulation of article 7.° of the aforementioned contract.
Be it notified to those it may concern and published.
For the citizen President,
The Secretary, LUIS BERNAL
296
Annex 81
CONTRACT FOR THE EXPLOITATION OF MINERALS AND FERTILIZERS
IN THE ARCHIPELAGO OF SAN ANDRÉS, 11 JANUARY 1882
(Diario Oficial N° 5.257, Bogotá, 27 January 1882, pp. 10.080-10.,081)
Secretary of Development
CONTRACT on the exploitation of minerals and fertilizers on certain vacant terrains
of the nation.
Narciso González Linéros, Secretary of State at the Office of Development of the
Government of the United States of Colombia, authorized by the national Executive
Branch, on the one hand; and on the other, Lazaro Maria Perez, on his own behalf, and
representing Messrs. Flament & Co. of Paris, have concluded the following contract:
Art. 1.° Flament & Co. and Lazaro Maria Perez undertake to exploit by themselves or
through a representative or Company organized by them, the minerals and fertilizers
found on the vacant terrains of the national Territory of San Andrés and Providencia.
Art. 2.° In a year, as of the date on which the exploitation of each mine or deposit begins,
and in order for the Executive Branch to definitively determine the extension of terrain
granted to the enterprise, the contractors shall submit to the Executive Branch a chart of
the area or land on which the mine or deposit of fertilizer lies, on which it shall be
marked with adequate precision, the part of the terrain that is indispensable for the
exploitation of the mine, for its development and that to be adjudicated to the workers
and settlers.
Paragraph. The Executive Branch may not dispose of any stretch of the vacant terrains
of the national Territory of San Andrés and Providencia before the expiration of the year
within which the contractors are to submit the aforementioned chart; but after the definitive
boundaries are fixed, by virtue of that submission, the Executive Branch may freely
dispose of the area not deemed indispensable for the stated purposes.
Art. 3.° Twenty percent of the net profits of the exploitation correspond to the Republic.
Art. 4.° For purposes of the previous article, the contractors shall be under the obligation
to do the bookkeeping of the enterprise’s accounting in commercial style, with the sys-
297
tem of double entry; to adjust them to the provisions of the Code of Commerce of the
Union; to settle accounts year by year; and to deposit at the general Treasury of the
Union, yearly, the quotas corresponding to the Republic, according to the respective settlement
approved by the agent designated by the Executive Branch.
Art. 5.° The accounting of the enterprise shall be substantiated as per commercial style,
and may be inspected at any time by the agent designated by the Executive Branch; and
the observations he makes on any irregularities he notices and on unsubstantiated entries
or those that are insufficiently so, must be addressed satisfactorily by the contractors, so
that it can be admitted as stated.
Art. 6.° To ensure compliance with this contract, the national Government admits as a
deposit made by the contractors, the sum of five thousand dollars ($5,000) deposited by
Messrs. Flament & Company of Paris, at the Legation of the Republic in France, on 30
April 1877, but that sum shall in no case be returned to the contractors.
Paragraph. Considering that the resolution of the Secretary of Development of 16
December 1881 virtually derogated that of the Secretary of Finance and Development of
9 October 1877 -that declared Messrs. Flament & Company of Paris to have incurred in
a fine, it is agreed that the aforementioned Sirs may obtain reimbursement for such fine
with the first quantities that, when the time comes, they are to deliver to the Government
of the Union, due to the twenty percent corresponding to it in the profits of the enterprise
pursuant to the stipulation in article 3.° of this contract.
Art. 7.° The contractor shall forfeit all of their rights in case they fail to comply with any
of the following stipulations:
I. That contained in the first part of article two of this contract; and
II. If the exploitation works have not begun within three years as of the date of
this contract’s approval by the Executive Branch.
Art. 8.° The rights that the entrepreneurs acquire through this contract may not be transferred
to any foreign Government.
Art. 9.° The duration of this contract shall be of fifty years, as of the date on which the
extraction of minerals and fertilizers commences; at the end of which, the roads or railways
built by the entrepreneurs to facilitate the transport of the minerals and fertilizers,
as well as the works, machinery, devices and other elements employed by the contractors
in the exploitation, shall become properties of the Republic, free of charge.
Art. 10. This contract shall terminate in the following cases:
I. If within two years, as of the date of its approval by the Executive Branch, the
entrepreneurial Company is not organized;
298
II. If the exploitation works have not begun within three years as of the date of
its approval by the Executive Branch, except if delays are caused by duly substantiated
Acts of God or force majeur;
III. If the exploitation works are suspended for over two consecutive months,
except in the case of a duly substantiated Act of God, and so assessed by the Executive
Branch. In this case, and for the purposes of article five of this contract, the fifty years
of its duration shall be deemed to have lapsed.
IV. If the accounting of the enterprise is not kept in the way provided for in article
four of this contract; and
V. If the contractors fail to deposit the part of the profits corresponding to the
Republic for two consecutive years, notwithstanding its collection by legal means.
Art. 11. In case of a disagreement between the Government and the contractors, it shall
be resolved by the Courts of the Republic in accordance to national law.
Art. 12. If the contractors should discover mines or fertilizer deposits in any other vacant
terrains of the Republic, except for those hereinafter listed, they shall be entitled to have
adjudicated to them, the areas of land where those mines or deposits are found, along
with the adjacent territory that the Executive Branch deems necessary for their exploitation
and development, and to be adjudicated to the workers and settlers.
The contractors shall submit charts of such mines or deposits in accordance with the provisions
of article two, and shall be subjected, with regard to those mines or deposits, to
the same obligations that they have undertaken by this contract with regard to those
found on the Territory of San Andrés and Providencia.
The right hereby granted to the contractors shall only last for two years; consequently,
they shall not be able to exercise it if, within such time, exploitation of those mines does
not begin and if the corresponding charts and adjudication are not made.
The vacant terrains exempted from this provision are the following: Those of the national
territory of Bolivar; those comprised in the zone across which the inter-oceanic canal
is to be excavated; those required to carry out the contracts concluded on material betterments
or of any other kind that comprise vacant terrains and are in force.
Art. 13. This contract shall not render its effects, nor will it be valid without the approval
of the Executive Branch, and without its conditions being accepted by Messrs. Flament
& Company of Paris.
In witness whereof we sign two identical copies, on the eleventh day of January of eighteen-
hundred eighty-two, in the city of Bogotá.
299
Narciso Gonzalez Lineros ---- Lazaro Maria Perez.
----
National Executive Branch. - Bogotá, 18 January 1880.
Approved.
RAFAEL NUÑEZ
The Secretary of State in the Office of Development,
NARCISO GONZALEZ LINEROS
300
Annex 82
NOTE N° 326 FROM THE PREFECT OF THE PROVINCE OF
PROVIDENCIA TO THE SECRETARY OF GOVERNMENT
AT CARTAGENA, 19 SEPTEMBER 1890.
INCLUDES TEXTS OF NOTES N° 1455 AND 1524 FROM THE SECRETARY
OF FINANCE AND DEVELOPMENT TO THE PREFECT OF SAN ANDRÉS
AND PROVIDENCIA, OF 6 FEBRUARY AND 13 APRIL 1875,
RESPECTIVELY.
(General Archives of Colombia, 19 September 1890)
REPUBLIC OF COLOMBIA
DEPARTMENT [State/Province] OF BOLIVAR
Prefecture of the Province of Providencia
N° 326
San Andrés, 19 September 1890
Mr.
Secretary of Government
Cartagena
I have been honored to receive your kind note N° 679 of 25 June last, wherein
you kindly transcribe to me that which H.E. the Minister of Foreign Affairs addressed to
the Governor of the Department, on 26 May last, numbered 487.
Pursuant to what was provided for in the dispatch you have seen fit to address to
me, I have devoted special efforts to gather as many notes as the Archives have been able
to provide me with, in regard to the acts of dominion that the Government of Colombia
has exercised over the Cays of Roncador and the rest of the Islands that form the
Archipelago of San Andrés. Unfortunately, the offices of this Province only hold organized
archives from the year 1870 onward, and the data gathered is relatively small and
all too well-known by the Government.
I have likewise ordered the exact determination of the position of the Cays of
301
“Roncador” and their distance from the Island of Providencia; I have also taken depositions
from national and foreign individuals, relating to the matter of this note, of which
I send You copies.
I would have liked this report to be more extensive, but it has been impossible
for me to fulfill this wish due to the aforementioned reason, that is, the absolute lack of
information.
I had purposefully delayed the reply to your note, in the hope of gathering certain
data in the Offices of Providencia, but their Archives only go back as far as 1876.
The Cays of “Roncador” are located at 80'4" longitude west and 13'27" latitude
north of the Greenwich meridian, and at a distance of 65 miles from the Island of
Providencia. They have no population during the first months of the year, but from the
month of June onward are continuously inhabited by a large part of the population of
these Islands, that goes there with the purpose of fishing for tortoiseshell, fishing that
constitutes one of the main riches of this region.
The Cays of “Roncador”, as well as those of “Alburquerque”, “Quitasueño” and
“Serrana” constitute valuable guano deposits and one of them, “Alburquerque” holds
certain coconut plantations. The Congress of the United States of Colombia, in its 1871
sessions (Law 25 of 24 April) authorized the Executive Branch to lease, for a term of five
years, the right to extract guano and collect coconuts on the referred-to Cays, and to that
effect the latter concluded a contract with Messrs. Lazaro Ma. Perez and Mr. Sescan
(Official Journal N° 3.152); they in turn ceded it to Messrs. Flament & Co. of Paris, and
it was definitively terminated by virtue of the resolution issued by the Government on 9
Oct. 1877 (Official Journal No. 4.032).
Prior to this date, the Secretary of Finance and Development of the Union
addressed to the Prefect of the former Territory of San Andrés and San Luis de
Providencia, the note that I hereinafter transcribe, which is marked with N° 1455 and
dated 6 Feb. 1875. The referred-to note reads as follows:
“Mr. Lazaro Maria Perez has addressed to this Secretariat, dated on the 5th of the
current month and year, the memorial that I hereinafter insert:
‘My concessionaries in the contract for the exploration of coal mines and fertilizer
deposits in the Territory of San Andrés and Providencia, wrote to me from Paris,
dated 31 October last, that they had learned through two different channels that several
shipments of guano had been fraudulently extracted from those islands, and that a large
ship of the U.S. of America had recently arrived at Providencia to load a shipment of the
same fertilizer, operation that was prevented by the Prefect of the Territory. In light of
this state of affairs, and foreseeing new attempts of fraud, they indicate it as convenient
for me to resort to the Government of the Union, un order for it to impart the strongest
instructions to the Prefect of that Territory that, supporting and strengthening his sound
302
provisions, may safeguard and affirm the rights that we have acquired by the concluded
contract. And it is with this purpose that I denounce what has been occurring thus far,
begging Mr. Secretary to accede to address a note to the Prefect of the Territory in the
terms he sees fit.’
“I transcribe the above, so that you will proceed to issue the necessary provisions
to prevent guano being illegally extracted from the Islands of San Andrés and
Providencia in the future. I am your att. servant - (signed) Aquileo Parra”
Afterwards, the same official addressed a new note to the Prefect of the Territory,
N° 1524 of 13 April of the same year, which reads as follows: ------------------------------
“The Government having concluded with Messrs. Lazaro Ma. Perez and I[sic]. Sescan
the contract published in the Official Journal N° 3152, on the exploitation of minerals
and fertilizers in the vacant terrains of that Territory, there is greater need, if possible, of
surveillance to prevent guano from being extracted or exported by persons other than
those that have acquired that right. To that effect, I have been charged by the Citizen
President with conveying to you the existing urgency for You to take as many provisions
as are within the scope of your authority and that your known zeal concerning national
interests advice you, in order to prevent the contraband of guano. I obviously point out
to you the convenience of your opening a registry in which you record the quantity of
guano sold or exported by the contractors Messrs. Perez and Sescan or their agents, for
purposes of which you will advise them to inform you of every sale or export they perform,
with you proceeding to ascertain the accuracy of the sold or exported quantities.
I expect You to send to this Office, every six months, copy of the registry that is maintained,
to inform of the provisions you take in this regard, as well as those that in your
opinion it would be convenient to adopt, but that are not within the legal scope of your
attributions.
I am your most attentive servant. (Signed) Nicolas Esguerra.”
The Prefect of the Territory replied to the Government that it was absolutely
impossible for him to issue any provision at all to prevent fraud, and that the Prefecture
could not dispose of forces or vessels to travel to the referred-to Cays, so the exploitation
of the guano deposits continued without the exploiters being disturbed by anyone.
Anew contract was signed by the Government on 11 January 1882 with the same
Messrs. Perez and Flament & Co., but this Prefecture has not knowledge of the exploitation
having been carried out.
In 1885, the Prefect of the territory addressed the National Government requesting
help to prevent the fraudulent exploitation of guano that was again being taken by
the American ships from “Roncador” Cay, but the requested aid never came and the
303
exploiters, not satisfied with the valuable cargo they were taking, raised the flag of the
U.S. of A. on those Cays and exercised true acts of sovereignty over them.
Four years later, in January of the current year, an American ship came to this
Port with the purpose of hiring workers to continue the exploitation of the guano
deposits. This Prefecture having learned of what was happening, it made Mr. J.W. Jennet,
leaser of that ship, appear before it with the purpose of informing him that those deposits
are the property of the Government of Colombia and that no one may exploit them without
previously concluding a contract with the Government. Mr. Jennet replied by exhibiting
a written authorization from the Government of the U.S. of America and assured,
likewise, to have taken from the cays a considerable amount of tons of guano from the
Cays. This declaration was given by Mr. Jennet under oath and a copy of it was submitted
to the Secretariat of Government of the Department under cover of note N° 314, of
15 January of the current year, as well as copy of the documents that Jennet claimed to
have obtained from the Government of the U.S. of America.
The right that the Republic of Colombia has over the Islands that form the
Archipelago of San Andrés is indisputable -and the facts previously narrated prove in a
conclusive manner that the Government has always disposed of them as an integral part
of the national territory. This right is the same as that which it holds over the Islands
“Mangle Grande” [Great Corn] and “Mangle Chico” [Little Corn] (Corn Islands) and
over the strip of land that carries the name of Mosquito Coast, a right that is recognized
by those born in those regions and by the foreigners residing in them.
I believe it is pertinent to state here, that even though the Government has sometimes
imparted instructions to the authorities to prevent abuses by foreigners in this
region, it has limited itself only to communications, without the case having arisen to
suppress with a strong fist acts that, as those that I now deal with, constitute true attempts
against national sovereignty.
When the Mosquito Coast and the Archipelago of San Andrés were segregated
by Royal Order from the Captaincy General of Guatemala, to be attached to the
Viceroyalty of the Nueva Granada, Mr. Tomas O’Neille was appointed Governor of this
Territory, and he signed his official acts as follows: “D. Tomas O’Neille, Commander of
Infantry and Governor of the Islands o San Andrés, Providencia, Corn Island, etc. This
official governed the Archipelago for some years and was replaced by General Aury,
who exercised his authority over the same territory, until years after independence was
proclaimed, wherefrom it is borne out that these Islands have been an integral part, from
a long time ago, of the Territory that now forms the Republic of Colombia, and that the
latter has rights over them in accordance with the uti possidetis of 1810. The
Government of the Nueva Granada, upon organizing the Cantons of Bocas del Toro and
San Andrés, failed to mention the Islas Mangles (Corn Islands), and these came to be a
part of the indigenous government of the Mosquito Coast, until the middle of this year
when the Government of the Republic of Nicaragua took possession of those Islands
without anyone protesting this action.
304
However, in the year 1865 the Congress of the United States of Colombia did not
seem willing to approve the Treaty of Friendship, Commerce and Navigation between
this Republic and that of Costa Rica, since Colombia believed that it would be ceding -
without any gain- part of its territory -despite the fact that the Plenipotentiary of Costa
Rica recognized its rights over the Islands Escudo de Veraguas, Providencia, Santa
Catalina, San Andrés, Alburquerque, Mangle Grande [Great Corn] and Mangle Chico
[Little Corn] -now Corn Islands- and others that corresponded to the former Province of
Cartagena, under the name of Canton of San Andrés. (Art. 2º of said treaty Official
Journal Nº 305, YEAR 1865)
I have purposefully referred to what just happened in the “Islands of Corn Island”
in this report, with the purpose of informing the Government of their occupation by that
of Nicaragua, which, to my understanding, constitutes an act of veritable usurpation.
I thus leave answered your note Nº 679, of 25 June of the current year.
I am, your most attentive and sure servant,
Juan C. Ramírez.
[announced enclosures follow, ff.]
In San Andrés, capital of the Province of Providencia, on the 19th day of September of
1890, Mr. Alejandro Abrahams appeared at this Office of the Prefecture, who, under
oath, offered to tell the truth as to what he knew and was inquired upon; and having been
asked to state his name, nationality, city, civil status, occupation, age, religion, etc, he
replied: That his name is as stated above, born in England, currently residing in this
District, married, sailor, of age, Jewish and with no other particulars. - Questioned - Do
you know or have you heard what country do (or have) the so-called “Roncador” Cays
belong(ed) to?. - He replied: That the witness knows that the referred-to Cays belong and
have belonged to Colombia, because he has so heard for as long as he has been sailing
around these coasts, which is over twenty-five years, and because his nautical books
state it to be so, among which he is able to quote “Sailing directions for the coast of
Colombia and Mosquito”, work published in London in 1856, by the publishers of nautical
charts - Messrs. James Imray and Son. - Questioned: Do you know if the
Government of Colombia has exercised acts of dominion regarding the Cays of
“Roncador”? - He replied: That he is aware that the Government has opposed the extraction
of guano from the aforementioned Cays, and that he further knows that only the
inhabitants of this Province move to those Cays yearly with the purpose of fishing for
tortoiseshell; that it is all he knows in that regard. At this point, the current affidavit
ended, and having been read aloud to the witness he ratifies and signs it, and the undersigned
Prefect certifies that he received it directly and personally, hearing it from the witness
and having it transcribed in his presence.
305
The Prefect - (signed) Juan C. Ramirez -
(signed) Alejandro Abrahams -
(signed) The Official Interpreter - Aureliano S. Nuñez (signed) The Secretary, Juan Arias
____
On the same date, Mr. Alejandro Armstrong appeared, with the purpose of rendering a
declaration regarding the matter under investigation, and -under oath- swore to tell the
truth as to what he knew and was inquired upon; and having been asked to state his
name, age, civil status, occupation, religion, residence, etc., he replied: That his name is
as stated above, a citizen of the U.S. of America, currently a resident in this District,
Protestant, married, sailor and with no other particulars. - Questioned - Do you know or
have you heard what country do (or have) the so-called “Roncador” Cays belong(ed) to?.
- He replied: That he has always believed that the “Roncador” Cays belong to Colombia.
- Questioned - Why does the witness believe that the aforementioned Cays belong to
Colombia? - He replied: That he believes so because his sailing books so state, among
which he is able to quote “The American Coast Pilot”, work published in New York in
1864, by Messrs. Edmund and George W. Blunt, who place those Cays within the same
group as “Alburquerque”, Vieja Providencia [Old Providence”, “Santa Catalina”, “Quita
sueño”, etc.; that it is all he knows in that regard. Thus the current affidavit ended, and
having been read to the witness he ratifies and signs it with the Official Interpreter, the
undersigned Prefect certifying that he received it directly and personally, hearing it from
the witness and having it transcribed in his presence.
(signed) Juan C. Ramirez - (signed) Alejandro Armstrong
(signed) Aureliano S. Nuñez (Official Interpreter) - (signed) Juan Arias (Secretary).
____
On the same date, Mr. Federico Robinson appeared, with the purpose of rendering a declaration
regarding the matter under investigation, and -under oath- swore to tell the truth
as to what he knew and was inquired upon; and having been asked to state his name, age,
nationality, residence, civil status, occupation, religion, etc., he replied: That his name is
as stated above, of age, born in Providencia, married, a sailor, Protestant and with no
other particulars. - Questioned - Do you know or have you heard what country do (or
have) the so-called “Roncador” Cays belong(ed) to?. - He replied: That he knows that
the cays of “Roncador” belong to Colombia. - Questioned - Why do you know that those
Cays belong to Colombia? - He replied: That he knows that the aforementioned Cays
belong to Colombia because his nautical books so state, among which he can mention
“The American Coast Pilot”, and because the limits of Colombia’s seas are marked on
geographical charts. Questioned - If he knows whether the Government of Colombia has
exercised acts of dominion on the stated Cays? - He replied: That he does not remember
the acts of dominion that the Government has exercised over the stated Cays, but that he
knows that the inhabitants of this Province move to those Cays yearly with the purpose
of fishing for tortoiseshell; that it is all he knows in that regard. - Thus the current affidavit
ended, and having been read to the witness he ratifies and signs it with the Official
306
Interpreter, the undersigned Prefect certifying that he received it directly and personally,
hearing it from the witness and having it transcribed in his presence.
(signed) Juan C. Ramirez - (signed) Frederick W. Robinson
(signed) Aureliano S. Nuñez (Official Interpreter) - (signed) Juan Arias (Secretary).
___
On the same date, Mr. Lazaro Ruiz S. appeared, with the purpose of rendering a declaration
regarding the matter under investigation and, under oath, he offered to tell the
truth as to what he knew and was inquired upon; and having been asked to state his
name, age, nationality, residence, civil status, occupation and religion, etc., he replied:
That his name is as stated above, of age, born in Venezuela, resident in this District, married,
a sailor, Roman Catholic, and with no other particulars. - Questioned - Do you
know or have you heard that the so-called “Roncador” Cays belong or have belonged to
any nation, and what nation is that? - He replied: That he knows that the Cays called
“Roncador” belong to Colombia. - Questioned - Why do you know that those Cays
belong to Colombia? - He replied: That he knows that the stated Cays belong to
Colombia because the sailing books he owns so state, and because this fact is generally
recognized by all; that it is all he knows in that regard. - Thus the current affidavit ended,
and having been read to the witness he ratifies and signs it, the undersigned Prefect certifying
that he received it directly and personally, hearing it from the witness and having
it transcribed in his presence.
(signed) Juan C. Ramirez - (signed) Lazaro Ruiz S.
(signed) Juan Arias (Secretary).
It is a Copy.
The Secretary
Juan Arias
307

Annex 83
NOTE N° 5382 FROM THE COLOMBIAN ACTING FOREIGN MINISTER TO
THE GOVERNOR OF THE PROVINCE OF BOLÍVAR, 13 JANUARY 1892
(Archives of the Ministry of Foreign Affairs of Colombia)
Bogotá, 13 January 1892
Mr.
Governor of the Province of Bolívar
Cartagena
As soon as I received your kind letter No. 1143 of 29 December last, I transmitted a copy
of that letter as well as its annexed documents to the Minister of Colombia in
Washington, who is tasked to dealing with the pending claim against the Government of
the United States in order to uphold our rights of dominion and possession over the cays
of Roncador and possession over the cays of Roncador and Quitasueño.
As for the lack of a proper ship that may be used to patrol those cays and to prevent the
usurpations that certain foreigners commit there, I have also submitted the matter to the
Ministry of Finance, who is concerned with it, as it refers to property of the nation that
is extracted in a dubious way.
I remain, truly yours,
The Under-Secretary, acting for the Foreign Minister,
(signed)
Marco F. Suárez
309

311
Annex 84
NOTE N° 343 FROM THE COLOMBIAN ACTING MINISTER OF FINANCE
TO THE FOREIGN MINISTER, 1 FEBRUARY 1892
(Archives of the Ministry of Foreign Affairs of Colombia)
REPUBLIC OF COLOMBIA
---
MINISTRY OF FINANCE
Number 343
Bogotá, 1 February 1892
Mr.
Minister of Foreign Affairs
We have received in this Ministry your kind note dated on the 13th of January last and
numbered 5.382, from the First Section of the Ministry. As a result of that, this Ministry
telegraphed immediately to the Governor of Bolívar in order that, in agreement with the
Administrator of the Customs Office in Cartagena, a ship is sent to the Prefect of
Providencia, so that he can visit often the Cays of Roncador and Quitasueño and preclude
the exploitation of guano, a matter on which the Government will take in the near
future the measures that may be required in order to affirm and protect our sovereignty
over the territory, as well as our fiscal interests.
May God be with you.
For the Minister,
The Under-Secretary
(signed) - illegible

Annex 85
1892 REPORT TO CONGRESS BY THE COLOMBIAN FOREIGN MINISTER
(Anales Diplomáticos y Consulares de Colombia, Volume IV - 1914,
pp. 597-598)
CHAPTER VIII
UNITED STATES OF AMERICA
(…)
II - Defense of the cays of “Roncador” and “Quitasueño”
Certain merchants from the United States have arrived at the cays of Roncador and
Quitasueño, in the Colombian Archipelago of Providencia, and extracted, without the
Government’s permission, large quantities of the guano that lies on those islets and that
is one of the assets of the Republic. Our Legation at Washington has denounced these
facts that violate the territory and defraud the Nation from a source of riches the exploit
of which must be attended to as soon as possible.
That the islets are of Colombia’s domain, cannot be doubted, since they are part of the
Archipelago of Providencia, and although deserted due to the lack of water and vegetation,
they receive, as much as they are capable of, the occupation of the inhabitants of
the islands, that frequently settle on them for purposes of tortoise fishing. Furthermore,
at other times, the Government has signed lease contracts to exploit the guano deposits,
thus exercising acts of public domain. The renewal of those contracts and the required
provisions for the authorities of Providencia to maintain the national possession over the
cays would safeguard our territory and increase public income.
313

Annex 86
1893 TERMS OF TENDER REGARDING GUANO AND PHOSPHATES
EXPLOITATION CONTRACT IN SERRANA
(Diario Oficial N° 9.272, Bogotá, 26 September 1893, p. 1075)
(Note: these terms were published also in the following issues of the Diario Oficial:
Nº 9.275, 29 September 1893, p. 1087; N° 9.281, 6 October 1893; N° 9.286,
12 October 1893, p. 1130; N° 9.289, 16 October 1893, p. 1142; N° 9.292,
19 October 1893, p. 1154; N° 9.295, 23 October 1893, p. 1166; N° 9.301,
30 October 1893; N° 9.307, 6 November 1893; N° 9.310, 9 November 1893, p. 1226
and N° 9.321, 22 November 1893, p. 1270).
TENDER regarding guano and phosphates exploitation contract in the islands of
Serrana.
Governorship of the Department. - Cartagena, 12 August 1893
Terms
R. R. in his capacity as Governor of the Department of Bolivar, duly authorized by the
Ministry of Finance and N.N.[T.N.], in his own name, have agreed as follows:
1.° R.R. grants permission to N.N. for extracting and exploiting guano and lime phosphate
from the islands of Serrana located in the Province of Providencia, in the
Archipelago of San Andrés, for a period of five years.
2.° Any ship that is to load cargo on the aforementioned islands, shall make a stop in San
Andrés, and request a special written permit from the Prefect of the Province of
Providencia, to carry out the extraction.
3.° In order for the Prefect to be able to issue such permit it is indispensable: 1° That the
ship be surveyed by one or two experts sworn in by him; and 2.° That N.N. (or his representative)
deposit in the Municipal Administration of National Finance of San Andrés,
fifty cents ($ 0-50 American gold) for each registered ton of two thousand two hundred
and forty pounds (2,240 lb).
[T.N.] IN COLOMBIA, THE ACRONYM N.N. STANDS FOR NAME UNKNOWN, SIMILARLYTO
THE EXPRESSION “JOHN DOE” USED IN THE UNITED STATES OF AMERICA.
315
4.° The ships freighting guano or phosphate, in any amount, without having previously
obtained the permit from the Prefecture, shall incur by way of fine, to be paid by N.N.,
in a charge of two pesos ($ 2) American gold, for each ton of capacity.
5.° N.N. shall ensure the compliance of this contract with a mortgage or pledge guaranty
of two thousand pesos ($ 2,000) national currency, in favor of the Governorship of the
Department.
6.° If the guaranty stated above is not submitted within four months following the
approval of the contract, N.N. shall forfeit the sum that, as a bidder, he would have
deposited in the Departmental Administration of National finance in this city.
7.° Once the five-year term of the contract has elapsed, the docks, houses, gear and other
works that N.N. may have carried out on the islands for purposes relating to the extraction
and export, shall remain as belonging to the Republic.
In witness whereof, requiring the approval of the Minister of Finance, three copies are
issued, etc., etc.
---
The award of the tender referring to the contract above shall take place at the Secretariat
of Finance of this Governorship, on this next 22 November, from one until four in the
afternoon.
The proposals shall be submitted before the first of the aforementioned hours, in a closed
envelope, and shall be accompanied by a receipt showing the deposit of one thousand
pesos ($1,000) in the Departmental Administration of National finance in this city.
Once the proposals are opened and having heard the verbal bids and counter-bids, if
there were any, the contract shall be awarded to the highest bidder.
Proposals referring to more than five years, or those that do not cover the base of fifty
cents ($0,50) American gold per ton, shall not be accepted.
For Mr. Governor -The Secretary of Public Security, in charge of the Office of Finance,
Miguel de la Vega.
316
Annex 87
1894 REPORT TO CONGRESS BY THE COLOMBIAN FOREIGN MINISTER
(Informe dirigido al Congreso de 1894 por el Ministro de Relaciones Exteriores,
Imprenta de Vapor de Zalamea Hermanos, Bogotá, 1894, pp. XXXIV-XXXV)
CHAPTER VIII.
UNITED STATES OF AMERICA
(…)
V - Defense of the property of the Cays of “Roncador” and “Quitasueño”
In your latest sessions you were informed of the actions taken by the Government of the
Republic towards the Government of the United States against the abuses of certain traffickers
that, without Colombia’s permission, extract large quantities of the guano from
the islets of Roncador and Quitasueño, in the Archipelago of Providencia, to sell it in
foreign markets. The guano deposits of these cays were at some other time leased by our
Government to certain contractors; and if they were to be again offered in a public tender,
after studying their probable output, they might provide the Treasury with a somewhat
considerable income.
It seems that the guano extractors obtained from the United States license to exploit the
islets, by inaccurately claiming them to be res nullius due to their not corresponding to
the territory of any State; but this statement is absolutely false, since the islets belong to
Colombia by virtue of perfect titles of dominion and public and repeated acts of possession.
Roncador and Quitasueño are part of the Archipelago of Providencia, belonging to
the Republic, which has since its beginnings been in peaceful possession of that archipelago,
that was in turn under Spain’s domain; and on the other hand, the inhabitants of
the neighboring islands make use of the cays at certain times during the year, travelling
to them with the purpose of fishing for tortoiseshell and profiting that part of the territory
to the extent possible.
The Chargé d’Affaires of Colombia at Washington has submitted to the Government of
the United States, a lengthy and very well explained presentation that leaves no doubt
as to the exclusive ownership of the Republic over the islands of Roncador and
Quitasueño. Since the Secretary of State has declared that the permit granted to the
guano extractors shall not be valid if Colombia’s possession over the cays prior to 1869,
317
which was when that permit was granted, is shown, it is to be expected that the honorable
Government of the United States, in fairness to our rights, shall withdraw the license
erroneously granted, and that Colombia may thus use that source of income.
318
Annex 88
NOTE N° 5,154 FROM THE COLOMBIAN FOREIGN MINISTER TO THE
COLOMBIAN LEGATION IN WASHINGTON, 17 JANUARY 1895
(1896 Colombian Foreign Minister’s Report to Congress, Volume I, 1896, pp.22-23)
Republic of Colombia.- Ministry of Foreign Affairs.- 1st Section.- Number 5,154.-
Bogotá, 17 January 1895
General
D. Julio Rengifo M.
Charge d’affaires ad interim of Colombia
Washington
Pursuant to instructions from his Government, the diplomatic representative of Sweden
and Norway in this capital has transmitted to this Ministry a representation by the
Captains of the Merchant Navy of Bergen, where the urgent need to build a lighthouse
on the Cay of Roncador, Archipelago of San Andrés and San Luis de Providencia is put
forward.
For this reason, the Ministry of Finance has requested certain information from the
Governorships of Bolívar and Panamá, requesting them further to enquire among captains
of the ships sailing those waters whether in case a lighthouse is built they would be
willing to cover the corresponding tariffs.
Having received on the 2nd of the current month a note by the Minister of the United
States supporting the above mentioned suggestion, made through the Legation of
Sweden and Norway, I have deemed it fit to transmit to You, the attached copy of that
note, since the step that is thereby taken can be considered as the implicit recognition of
Colombia’s domain over the Cays of Roncador and Quitasueño, a matter which You have
been so adeptly and interestedly treating with that Government, whose reply to the latest
presentation on the matter by You is still pending. In any case, this Ministry is of the
opinion that the note in question should be added to the background documentation on
this matter that that Honorable Legation possesses.
With kind regards I remain, truly yours,
The Under-Secretary, acting Minister,
J.M. URICOECHEA
319

Annex 89
1896 REPORT TO CONGRESS BY THE COLOMBIAN FOREIGN MINISTER
(Anales Diplomáticos y Consulares de Colombia, Volume IV, Bogotá, Imprenta
Nacional, 1914)
[p. 701]
In previous reports of this Ministry you have been informed of the actions of our
Legation in Washington due to the guano extraction carried out on the Cays of Roncador
and Quitasueño by certain traffickers by a license surreptitiously obtained by them from
the US Government, that was to grant it pursuant to one of their laws and in the belief
that those islets were res nullius.
The discussion on this issue with the Department of State can now be well regarded as
ended, because although the lengthy presentation by Colombia’s Chargé d’Affaires
showing our exclusive property over those islands has not been replied to, an incident
has taken place thereafter that is the indirect but formal recognition of the Republic’s
sovereignty on those same territories.
[pp. 718-722]
SECTION TWO
CHAPTER XIII
NICARAGUA
Borders between Colombia and Nicaragua
The longstanding friendship that linked Colombia to the Republic of Nicaragua is not as
cordial and friendly today as it was in earlier times.
Recent acts of this Government entitle us to formulate very serious complaints regarding
the dominion it has exercised, with an unbelievable forgetfulness of Colombia’s
rights over the Mosquito Coast and, most particularly, over the Corn Islands.
We have nothing to reproach ourselves with, as whenever that Government has attempted to
exercise undue acts of dominion in that region, this Ministry has addressed that of Managua,
protesting against any occupation that could undermine the territorial sovereignty of the
Republic.
321
For our part, we have not dismayed in fulfilling this sacred duty, and if today a flag
which is not that of Colombia is flown in San Luis de Mangle, it is probably due to an
involuntary error on the part of the Nicaraguan Commissary, Isidro Urtecho, who, under
Decree of 5 May 1890, declared, on his behalf and before himself, that such land was
Nicaragua’s land; but our titles there are alive and shining and our right is unsullied.
Colombia has upheld, upholds and will continue to uphold, until the end of time, that the
islands of the Archipelago of San Andrés, formed by three groups of islands that spread
from the coasts of Central America, facing Nicaragua, to the cay of Serranilla between
latitude 15°52 north and longitude 80°20 west of the Greenwich meridian, the first of
these groups being formed by the islands of Providencia and Santa Catalina and the cays
of Roncador, Quitasueño, Serrana, Serranilla and Bajo Nuevo; the islands of San Andrés
and the cays of Albuquerque, Courtown Bank and others of less importance, forming the
second; and the islands of San Luis de Mangle, such as Mangle Grande, Mangle Chico
and the cays of Las Perlas, as well as the Mosquito Coast forming the third, are its property
and belong to it by inheritance, under the uti possidetis of 1810.
In defense of its claim, among many other titles, it has argued one that nobody has been
able to reject: the Royal Order of 20 November 1803, notified to the Viceroy of Santa Fe
on 30 November of the same year, whereby the islands of the archipelago of San Andrés
and the Mosquito Coast, from Cape Gracias a Dios, included, towards Chagres, were
segregated from the Captaincy General of Guatemala, adding them to the Viceroyalty of
Nueva Granada.
In order to establish whether this Royal Order was strictly complied with, it need only
be recalled, among other things, that when General Don Pablo Morillo declared the
blockade over the coasts of the Nuevo Reino de Granada in 1815, he established Cape
Gracias a Dios as the border of these coasts.
Ever since then, the Republic has not ceased to uphold its rights over that zone, as shown
by Decrees of 19 April and 22 November 1822 and 5 July 1824, the purpose of which
was to maintain the sovereignty of Colombia as formerly known over the Mosquito
Coast and to promote its commerce and civilization.
The demarcation of the territorial borders with Central America was one of its first careful
actions, as attested to by the General Treaty signed at Bogotá on 15 March 1825 and
the Legation sent to Guatemala the following year.
By virtue of this Treaty and the aforesaid Royal Order, the Vice President of Colombia
(General Santander) issued that Decree, dated 5 July 1824, by which any enterprise
aimed at colonizing any part of that section of the Mosquito Coast, from Cape Gracias a
Dios to the Chagres river, was declared to be illegal. This Decree, as José T. Gaibrois
states in the brilliant report that is among the documents, and the diplomatic incidents
that this matter gave rise to with Great Britain (whose Government did not object at the
time to Colombia’s titles over the aforesaid Coast), resulted in the issuance by the 1826
322
Congress of Law 6 of 1 May “declaring that the indigenous peoples of La Goajira,
Darien and Mosquitos shall be protected by the Government as the rest of its nationals”.
In 1825, our Ministers in England and Central America protested in the most solemn
manner against the excavation of a canal across the disputed territory and against a
decree regarding the possession of the port of San Juan.
When, under the sponsorship of the King of the Netherlands, Nicaragua was projected
to open a canal to connect the Atlantic and Pacific Oceans through the Lake of Nicaragua
and the mouths of the San Juan river, General Don Pedro A. Herrán, the incumbent of
that Ministry at the time, addressed that of Central America, in a note of 7 January 1839,
in which, after recalling the provisions of articles 7, 8 and 9 of the Treaty of 15 March
1825 and the Royal Order of 1803, declared that, if the projected inter-oceanic communication
through the mouths of the San Juan river was attempted, the Government of
Nueva Granada would oppose, availing itself to that effect of any and all means allowed
to it under international law.
Law 13 of 2 June 1843 on the organization and special regime of the territory of Bocas
del Toro, in whose jurisdiction the Mosquitos Coast had been included up until Cape
Gracias a Dios; the protests that Don Manuel Maria Mosquera, Ministry of Nueva
Granada in London, raised to the English Government in 1843 and 1844; the note dated
24 July of the same year addressed by this Ministry (under Don Joaquin Acosta) to
General O’Leary, Chargé d’Affaires of His British Majesty; the series of articles that the
famous statesman and illustrious republican Don Pedro Fernandez Madrid published in
El Día, under the title Nuestras costas incultas (Our undeveloped coasts); Dr. Ancízar’s
draft in 1848; Don Victoriano de D. Paredes’ the published works; the Herrán-Calvo
Treaty approved by the 1857 Congress, and the recognition by the Costa Rican
Plenipotentiary in Article 2 of the Valenzuela-Castro Treaty, signed in March 1865, are
manifest evidence of the care and special effort that the Government and statesmen of
Colombia have displayed in safeguarding the rights of the Republic over the territories
in question.
It is still necessary to cite the notes which this Ministry addressed to that of Nicaragua
on 28 July 1880 (Don Luis Carlos Rico); on 24 April and 10 September 1890 (Don
Antonio Roldán), and on 23 May 1894 (Don Marco F. Suárez), all of which protest
against any occupation or undue acts of dominion, thus safeguarding the rights of the
Republic over the aforesaid territories.
A skeptical habit is observed in the notes that the Managua Foreign Ministry has
addressed to ours in reply to some of those cited above, which raises fears of a complete
disregard of our rights, as they are written in too evasive a manner, which leads one to
consider very serious and painful complications.
The report given by Don Juan C. Ramirez to the Secretary of the Department [Province]
of Bolivar, dated 6 December 1892, printed in the Report submitted this year by the same
323
official to the Governor of that Department, includes, among others, the following
extracts:
“The Corn Islands were subject to the Government of Colombia until after 1858
and afterwards, up to 1890, to the indigenous authorities of the Mosquito Coast, which,
as is known, belongs to Colombia; but lately, in 1890, the Government of the Republic
of Nicaragua has declared, in its own behalf and before itself, that that group belongs to
it and has effectively taken over it and established authorities there.
The prominent citizens of these islands (those of Great Corn) addressed a memorial
to the Governor of the aforesaid Department, dated 4 September 1895, containing
the following: “Last year, in our misfortune and sorrows, we begged the President of the
Republic to remember us, Colombian citizens, as may be ascertained by authentic documents,
such as documents and deeds relating to plots of land granted by Governor
Tomás O’Neille, residing on the Island of San Andrés at that time.”
“That many of those living under the protection of the Colombian flag, are still
alive today, and are patiently waiting to see the glorious flag of liberty and peace fly once
again over their heads.”
“That ever since the question of Mosquito and Nicaragua arose, we have been
told by the commanders of the English warships that Corn Island is not included in the
Managua Treaty and that it belongs to the Republic of Colombia.”
“In the knowledge then, due to these facts, that the Republic of Colombia is the
legal owner, we now appeal to it for its protection, which we hope will be granted, allowing
for the protection of the noble and true Colombian flag over us, our children and our
property.”
“We hope that that free and generous Government shall tend to our requests, and
that any the means necessary are used to rescue us from the hands of those to whom we
do not belong. We are Colombian and it is the Colombian flag that we wish for.”
In spite of everything, Nicaragua continues to occupy the Corn Islands. Such state of
affairs could not continue any longer, other than at the cost of the former and thus far
uninterrupted friendship of the two peoples.
(...)
[p. 732]
SECTION THREE
Miscellaneous
(...)
324
CHAPTER V
NATIONALIZATION OF SHIPS
In the period between 1 July 1894 and 30 June 1896, the following vessels have
been nationalized:
At the Postal Administration of San Andrés of Providencia, the schooner
Enterprice and the brigantine-schooner Concordia.
325

Annex 90
CONTRACT FOR THE EXPLOITATION OF GUANO AND OTHER
FERTILIZERS IN THE ARCHIPELAGO OF SAN ANDRÉS,
APPROVED ON 30 JANUARY 1896
(Diario Oficial N° 10.014, Bogotá, 1 May 1896)
MINISTRY OF FINANCE
CONTRACT on guano and other fertilizers exploitation on the cays of “Roncador”,
“Quitasueño”, “Southwest” and others of the Archipelago of San Andrés and San Luis
de Providencia
Number one hundred and thirty-one
In the Municipality of Bogotá, Province of Cundinamarca, Republic of Colombia, on 5
February 1896, before me Jorge Gaitan, First Notary Public of this Circuit, and before
the material witnesses Messrs. Alejandro Roa and Domingo Torres M., males, of age,
residing in this municipality, of good credence and under no impediment, appeared
Messrs. Dr. Justiniano Cañón, currently in charge of the Ministry of finance of the
Republic, on the one hand, and on the other, Messrs. Rafael Torres Mariño and Jose
Rivas Groot, males, of age, residing in this municipality, whom I personally know, in
witness of the official character of the former, and said: that to solemnize and enforce,
in civil law, they are fulfilling the duty of embodying in a public deed the contract signed
on “Exploitation of existing guano and fertilizer deposits on the islands called
“Roncador”, “Quitasueño”, “Sudoeste” and others of the Archipelago of San Andrés and
San Luis de Providencia, which is added to the protocol [of the Notary] and the text of
which is as follows:
“Contract on exploitation of guano and fertilizers on the islands of “Roncador”,
“Quitasueño”, “Sudoeste” and others of the Archipelago of San Andrés and San Luis de
Providencia.
In light of articles 1116 to 1118 of the Tax Code,
The undersigned, to wit: Carlos Uribe, Minister of Finance, on behalf of the national
Government, on the one hand, and Rafael Torres Mariño and Jose Rivas Groot, in their
own name, on the other, have entered into the following contract:
Article one. Rafael Torres Mariño and Jose Rivas Groot, who shall be referred to as the
327
Concessionaries, undertake to exploit jointly with the Nation, the existing deposits of
guano and fertilizers on the islands called “Roncador”, “Quitasueño”, “Sudoeste” and
other adjacent ones that form part of the Archipelago of San Andrés and San Luis de
Providencia.
Article two. The aforementioned exploitation shall begin, at the latest, within two years
after the date of the public deed that this contract shall be embodied in, pursuant to article
826 of the Civil Code.
Article three. The Concessionaries undertake to submit to the Government, through the
Ministry of Finance, and within a year of the date referred to in the previous article, the
samples f the fertilizers and guano existing on those islands, and the result of the partial
and quantitative analyses thereof, as well as the data regarding the natural conditions of
the deposits. Once these provisions have been fulfilled or before the stated term, if the
samples are submitted in lesser time, the Government shall proceed to order that the
Concessionaries be placed in possession of the aforementioned islands, which shall take
place within the 6 following days to the date on which the samples, analyses and data are
submitted.
Article four. The Government shall not allow, for the duration of this contract of privilege,
any ship or other vessels alien to the Enterprise to carry out fertilizer extraction
from the aforementioned cays and, in fact, undertakes, due to fiscal and sovereignty
interests, to take any provisions necessary in order to prevent and punish the crime of
contraband, considering the indications that the Concessionaries may provide it with to
that effect.
Article five. All of the expenses incurred in until the easy extraction and mobilization of
fertilizers are obtained, are of the sole responsibility of the Concessionaries. Therefore,
they shall not be taken into consideration upon liquidating profits, which shall be represented
by what remains after deducting the amount of the working capital and six percent
of the fixed assets in which the aforementioned initial expenses are deemed to be
included.
Article six. The net profits of the Enterprise shall be divided as follows: fifteen percent
for the Nation, and eighty-five percent for the Concessionaries.
Article seven. For the purposes state in the previous article, accounting shall be done by
double-entry bookkeeping system, adjusting it to the provisions of the Code of
Commerce. Profit liquidation shall be annual, and the Concessionaries undertake to
deposit in the Office of Finance designated by the Government, the sums belonging to
the Republic, once such liquidation has been examined and approved by the Official
Agent named to that effect. Consequently, that Agent shall be entitled to inspect the
accounting and make any notations that shall be satisfactorily answered.
Article eight. This contract shall be in force for twenty years as of the date of the regis-
328
tration of the respective public deed, the costs of which shall be covered by the
Concessionaries, within ten days following the executive approval. Upon the expiration
of such term, all devices, machines, gear, utensils for extraction, instruments, buildings,
vessels, communication roads and, in sum, whatever amounts to the fixed assets of the
Enterprise, shall become the Nation’s property by lucrative title.
Article nine. In warranty of this national right, the Concessionaries shall make an annual
inventory of the stock that represents the fixed assets, the Government Agent’s intervention
being required for that purpose. A copy of that inventory shall be submitted to
the Ministry of Finance.
Article ten. The Concessionaries, as depositories of the aforementioned elements, shall
take all the necessary provisions to preserve them and shall be liable for any damage that,
being different from the natural wear caused by due use, they may suffer due to their
fault or that of their subordinates.
Article eleven. The exploitation of fertilizers being done in conjunction with the
Republic, and those being national property, the Enterprise shall not be levied with public
taxes of any kind. Persons involved in the works of extracting and transporting fertilizers
shall be exempted from military service, except in case of war.
Article twelve. The present contract shall lapse due to the lack of compliance of any of
the obligations of the Concessionaries, and particularly in the following cases, except if
due to fully proven force majeure:
First. When the exploitation works are suspended for over a continuous year, without just
cause; and
Second. When three months have elapsed after the annual liquidation has been verified
and approved, without the Concessionaries having deposited the sums corresponding to
the Nation, along with the arrears interests at a monthly rate of two percent.
Article thirteen. This contract may not be ceded to any foreign Government. Any cession
of rights requires the express authorization of the National Government.
Article fourteen. This contract requires the essential condition of executive approval.
Article fifteen. The privilege of the exploitation that this contract refers to extends also
to the cays of Alburquerque, located to the south and forty-five kilometers away from
San Andrés.
In witness whereof a single copy is signed destined to be included in the protocol, at
Bogotá, on 13 August 1895.
329
“CARLOS URIBE.- Rafael Torres Mariño. Jose Rivas Groot.
--
Executive Branch.- Bogotá, 30 January 1896.
“Approved.
“M.A. CARO.- The Undersecretary of Finance, in charge of the Ministry, Justiniano
Cañon.”
No registration fees are due by virtue of the provisions in article 960 of the Tax Code and
according to what is stated in article eleven of the contract transcribed above. This instrument
having been read to the interested parties to whom I advised of the formality of registration
within the legal term, they approved and signed it with the aforesaid witnesses
and along with me, the Notary Public as I attest to. The Concessionaries wee made aware
of their obligation of submitting a registered testimony of this instrument to the Ministry
of finance.
I certify.
(Signed): Justiniano Cañon.- Jose Rivas Groot - Rafael Torres Mariño. - Witness,
Alejandro Roa. - Witness, Domingo Torres M. - The First Notary Public, Jorge Gaitan.
It is a true and second copy of its original to which I refer if necessary, and I issue it in
five useful pages destined for the Concessionaries.
Bogotá, 7 February 1896.
The First Notary Pubic, Jorge Gaitan.
Dues with registration $3-80 cents. Article 2624 of the Civil Code.
Gaitan
--
Circuit Registration Office.- Bogotá, 7 February 1896.
Registered today in the Duplicate, book number two, page 106, number 34.
The Registrar, Jose Luis Cuevas.
330
Annex 91
COLOMBIAN LAW 52 OF 1912 ON THE CREATION AND ORGANIZATION
OF THE NATIONAL INTENDANCY OF SAN ANDRÉS AND PROVIDENCIA
(Diario Oficial N° 14737, 7 November 1912, pp. 947-948)
Law 52 of 1912
(October 26)
On the creation and organization of the National Intendancy of San Andrés and
Providencia
The Congress of Colombia
DECREES:
Article 1o. The National Intendancy of San Andrés and Providencia is hereby created,
constituted by the Archipelago of the same name.
Article 2o. The administration of the Intendancy will be entrusted to an Intendente who
will be appointed and removed by the Executive Branch. The Intendente will depend
from the Executive Branch and will have the same functions and powers granted to the
Governors, as well as those that the National Government sees fit to entrust to him in the
implementing regulations of the present Law.
Article 3. The employees of the Intendancy will be appointed and removed by the
Intendente. The employees in the Judicial branch and in the fields of National Finances
and Public Education will be appointed by the national bodies concerned.
Article 4. A national tax of fifteen percent (15 %) on the declared price is established for
all edible goods for basic consumption imported to the Archipelago. The remainder goods
imported will be subject to a tax of twenty-five percent of the declared price (25 %) save
for liquors and tobacco (either raw or processed), which will be subject to a tax of fifty
percent of the declared price (50 %).
Article 5. The calculation of this tax will be made on the prices showing in the respective
invoice, which must be legalized by the Colombian Consul in the port of origin or
by that of a friendly nation, if there were no Consulate there.
Article 6. A tax is established of one gold peso ($ 1) over every thousand coconuts
331
exported from the islands and cays that form the Archipelago.
Paragraph. Ten percent (10 %) of this tax will be destined exclusively to the material
improvement of the towns in the Intendancy and its product will be administered by a
Board composed by the Intendente, who will preside over it, and three inhabitants,
appointed by the Municipality of San Andrés.
Article 7. Apart from those mentioned in the previous articles, the income of the
Intendancy will include those of tortoiseshell, turtle fishing and that of other species, as
well as those derived from the collection of guano and other products of the Archipelago.
Paragraph. The distribution of this income will be regulated by presidential decrees.
Article 8. The collection of the taxes mentioned in the previous articles will be made by
a National Finance Administrator. A customs agency will be established for the surveillance
and control of contraband, visits by vessels and related functions. It will be composed
by a Chief of Customs, two Privates and four Guards.
Article 9. The emoluments of the employees of the Intendancy will be as follows:
Monthly
An Intendente $ 250
A Secretary $ 100
A Finance Administrator $ 100
A Chief of Customs $ 100
An official interpreter $ 50
A scrivener and porter $ 45
Two Privates $ 40 (each)
Four Guards $ 30 (each)
Paragraph. The Finance Administrator, the Chief of Customs, the Privates and the
Guards will also have a supplementary allowance of five percent (5 %) over the monthly
product of the taxes on the import of goods and the export of coconuts.
Article 10. The expenses created by the public administration in the islands will be covered
with the product of the income of the Intendancy. In case this is not enough, the difference
will be covered up with common funds from the National Treasury.
Paragraph. Every excess of income, after deduction of the expenses of the Intendancy,
will be used in public works for the islands. Such works must be determined previously
by the Board mentioned in the paragraph of Article 6.
Article 11. One of the vessels of the National Government is destined for the communications
between the Archipelago and the Continent, including postal service and others.
Article 12. The Nation will maintain twelve scholarships to favor young people born in
the islands, to be allotted as follows: four in the University of Bogotá; four in the
332
University in Medellin and four in the University in Cartagena. The Nation will also
maintain three scholarships for girls born in the Archipelago, in the Teaching School of
Cartagena.
The allocation of these scholarships will be regulated by the Executive Branch.
Article 13. As soon as the present Law enters into force the Government will make
arrangements with the church authorities in order to send a catholic mission to the
Intendancy. Said mission may be entrusted with the administration of public schools.
Article 14. The Government is hereby authorized to provide free passage in every ship
of the Nation for those families of four or more individuals that would want to establish
their domicile in the Archipelago.
Article 15. The Government is likewise authorized to establish, in the most convenient
manner, a wireless telegraph station in the Archipelago, in order to secure communication
with, at least, Cartagena.
Article 16. The Government is likewise authorized to build a lighthouse on the point of
the islands that is indicated by the needs of navigation.
Article 17. The Governorship of Bolívar will be the agency for communications between
the National Government and the Intendente and is entitled to intervene in the administration
of the Intendancy, in those cases determined by the Government, either when
implementing this Law or in subsequent decrees.
Article 18. The necessary appropriations for the implementation of this law will be
included in the regular budget.
Article 19. The Government will issue decrees containing regulations for the implementation
of the provisions of this Law, which will enter into force on the 1st of January next
year.
Given in Bogotá on the 22nd. of October 1912.
The President of the Senate,
ANTONIO JOSE CADAVID
The President of the Chamber of Deputies,
MIGUEL ABADIA MENDEZ
The Secretary of the Senate,
Bernardo Escovar
333
The Secretary of the Chamber of Deputies,
Jose de la Vega
Executive Branch - Bogotá, 26 October 1912
To be published and executed.
CARLOS E. RESTREPO
The Minister of Government,
Pedro M. Carreño
334
Annex 92
PRESIDENTIAL DECREE N° 1066 ON ELECTORAL DISTRICTS FOR THE
ELECTION OF DEPUTIES TO THE DEPARTMENTALASSEMBLIES,
4 DECEMBER 1912
(Diario Oficial N° 14763, 4 December 1912, pp. 1212-1214)
DECREE NUMBER 1066 OF 1.912
(4 December 1912)
On the Composition of Electoral Districts for the Election of Deputies to the
Departmental Assemblies
THE PRESIDENT OF THE REPUBLIC,
in exercise of his legal powers
(…)
DECREES:
Article 1o. The territory of the Department of Antioquia will be divided in nine Electoral
Districts, in the following manner:
(…)
Article 3o. The territory of the Department of Bolivar, whose population is less than
300.000 inhabitants, will be divided in the following Electoral Districts:
District of Cartagena
Formed by the municipalities of Santa Rosa, Villanueva, Santa Catalina, Turbaco,
Arjona, San Estanislao, Soplaviento, Mahates, Calamar, Yucal, San Juan Nepomuceno,
Guarne, San Onofre, Turbana, San Andrés y Providencia and Cartagena, the latter being
its capital. This District, with approximately 48.454 inhabitants, will elect three
Deputies.
335
District of Sincelejo
Distric of Chinu
District of Lorica
District of Mompos
(…)
Article 15.- The election of Deputies to the Departmental Assemblies will be carried out
with the system of incomplete vote, according to Article 33 of Law 42 of 1905, in connection
with Article 45 of Legislative Act No. 3 of 1910.
Article 16. The population basis mentioned in the present Decree are those resulting
from the 1905 Census, in conformity with Article 12 of Law 53 of 1912.
Article 17. The present Decree will enter into force on the date it is issued.
TO BE NOTIFIED AND PUBLISHED.
Given in Bogotá, on 4 December 1912.
(signed)
CARLOS E. RESTREPO
(signed)
The Minister of Government
PEDRO M. CARREÑO
336
Annex 93
PRESIDENTIAL DECREE N° 1090, 12 DECEMBER 1912
(Diario Oficial N° 14775, Bogotá, 21 December 1912)
Ministry of Finance
DECREE NUMBER 1090 OF 1912
(12 December)
Regulating the provisions of Law 52 of the current year, regarding the organization of
the National Finance in the Intendancy of San Andrés and Providencia.
The President of the Republic decrees:
…
Article 6. The Intendente of the Territory is authorized to grant by public auction -which
shall be effected with the formalities established for the leasing of the national public
revenues- the exclusive right to fish for pearls, coral, turtles and tortoiseshell, and to
extract guano, sponges and marine weeds on the coasts and in the streams of the territory
of the Intendancy, a right reserved to the Nation by Article 7 of the Law hereby regulated.
The leases which may be made by virtue of what is laid down in this Article shall
be effective for two years. They shall be referred to one or several of the aforesaid
objects or materials, at the Intendente’s discretion. They shall stipulate the right to export
the same materials or objects without tax in favor of the leaseholders, and shall not be
effective without the approval of the Committee provided for in Article 6 of the Law
hereby regulated.
(…)
Be it published. Issued in Bogotá, on 12 December 1912.
CARLOS E. RESTREPO
The Minister of Finance,
F. RESTREPO PLATA
337

Annex 94
PRESIDENTIAL DECREE N° 1496, 23 MAY 1913
(Archives of the Ministry of Foreign Affairs of Colombia)
DECREE No. 1496 OF 1913
(23 May)
By virtue of which a Consular Agent is recognized
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA
Having seen the corresponding Consular Letters Patent sent to the Ministry of Foreign
Affairs by the Honorable Legation of Germany on the second of the current month,
DECREES :
Single Article- Mr. W. Heideman is hereby recognized in his capacity as Vice-Consul of
the German Empire at Cartagena, with jurisdiction over the Department [Province] of
Bolívar, the islands of San Andrés and Providencia and Roncador.
To be notified and published.
Given in Bogotá, on the 23rd. May 1913
(signed)
Carlos E. Restrepo
The Minister for Foreign Affairs
339

Annex 95
NOTE FROM THE COLOMBIAN FOREIGN MINISTER TO THE MINISTER
OF PUBLIC WORKS, 2 APRIL 1914
(1914 Report to Congress by the Colombian Foreign Minister, Bogotá, Imprenta
Nacional, 1914, pp. 343-344)
Republic of Colombia - Ministry of Foreign Affairs.
Section 1 - Bogotá, 2nd April 1914.
Mister Minister of Public Works - In your Office
I have the honor to refer to your kind communication, dated 6th of this month, marked
with number 4000.
The property right of Colombia over the cays of Roncador and the rest of the
Archipelago of San Andrés and Providencia is incontrovertible, and it has been proved
before the Chancellery of Washington, in a memorable document of our diplomatic history,
by the then Chargé d’Affaires of Colombia before the Government of the United
States, mister Julio Rengifo (note of January 18th 1893 of the Colombian Legation in
Washington to the Department of State).
The Colombian Government since then has never ceased to remind the Governments of
England and the United States of its sovereign rights over those cays. Precisely the
undersigned had to address the Minister of the Republic in London on February 14th this
year the latest of the many letters that have been addressed by the Government of
Colombia to safeguard the territorial rights of the Republic over the said cays. This letter
followed Mr. Netball’s, Intendente of the islands of San Andrés and Providencia,
whose text is enclosed with the note of Your Honor that I hereby answer.
The Colombian Legation in London has been lobbying with the English Government to
try to end the undue fishing performed mainly by English subjects in the Grand Cayman
and Cayman Brak islands, in the said banks and in general in the small islets of the
Archipelago.
The appropriate has been instructed to the Colombian Legation in Washington.
Consequently, the diplomatic actions have continued unrelentingly on behalf of our sovereignty
in the islets or cays to which this note refers; but the truth is that besides the
aforesaid actions the material action that makes our sovereignty effective and puts an end
341
to the usurpation is each day more necessary, because there will never be diplomatic
actions that’ll make the Governments of England or the United States exercise themselves
at our place the task of defense and protection that corresponds to us.
Having as we have important islands to protect against reiterative threats, it is necessary
to purchase a war vessel that will be stationed in the vicinity of those islands and will be
a faithful guardian of our sovereignty in them.
Regarding the question Your Honor submits to this Office about the convenience of hiring
with private individuals the exploitation of the natural products of the said cays, I
allow myself to express very respectfully to Your Honor that in my view it is very convenient
to join the private to the public interest in the defense of the home soil, and that
contracts of exploitation of the natural products of the mentioned cays celebrated with
Colombian citizens in the conditions indicated by law will contribute, with no doubt, to
strengthen the exercise of national sovereignty in them.
Your Honor’s most faithful servant,
(Signed) FRANCISCO JOSÉ URRUTIA
342
Annex 96
REPORT TO THE COUNCIL OF MINISTERS ON LEGAL ASPECTS OF
GUANO EXPLOITATION CONTRACT IN THE ARCHIPELAGO OF
SAN ANDRÉS, 1 FEBRUARY 1915
(Diario Oficial N° 15.413, Bogotá, 9 February 1915)
Executive Branch
REPORTS
Rendered to the honorable Council of Ministers
Your Excellency, Mr. President of the Republic, Messrs. Members of the Council of
Ministers - At the Palace.
For the third time now, a report by one of its members is submitted to the Council of
Ministers, regarding the negotiation commenced since the previous Executive
Administration between the Government and Mr. Manuel Uscategui T. on the exploitation
of the guano on the islets of the Archipelago of San Andrés and Providencia, called
Roncador, Quitasueño, Serranilla and South West Cay. It is no surprise that the matter
has been the subject of several reports, given that it concerns an exploitation that,
although in other countries is all too well-known since it began since 1840, for us it is a
new business and little-known, because up to now the cays where the fertilizer in question
exists, had only been profited by certain foreigners, without the authorization or
intervention of the Colombian Government.
It is not for me to study in this report, the question of the convenience of establishing the
exploitation of guano on the aforementioned locations of the archipelago, since that
question is to be held as answered in the affirmative given that, at the Foreign Minister’s
proposal and as a result of the important study that he carried out on the issue, during the
session of 14 December last, a motion recognizing that convenience was approved. Nor
do I have to go back to the question of whether it is the Ministry of Public Works or the
Ministry of Finance that should be involved in the matter at hand, since in this regard the
Council issued its opinion as well, in the sense that the business falls within the competence
of the second of the referred-to Ministries, that is, to that of Finance. I must however
restrict myself to the legal aspect of the contract, given the circumstance that, in the
first report that was submitted on this negotiation to the honorable Council, the Minister
of Finance, who at the time was General Pedro Leon Mantilla, raised the question of
whether the agreement in question is a leasing contract of national assets. In the current
case, this is not a merely speculative question, but of practical implications, since Article
343
9 of the Tax Code establishes the peremptory rule that the lease of national assets cannot
be carried out but in public auction. There lies the interest of the question.
I begin by acknowledging that the doubt expressed by the then Finance Minister is
grounded, since the lease contract in many cases does not arise with well-defined characters
that allow to clearly distinguish it from other contracts. In the case of the projected
guano negotiation, however, I believe that the question posed needs to be resolved in
the negative sense, whereby I do nothing but confirm an opinion already expressed by
the Minister of Foreign Affairs. Indeed, there is an important difference in that contract
that sets it apart from the lease contract: in this contract, the leaseholder acquires the
right to enjoy the object and undertakes the obligation to restore it in kind whereas, if the
contract for guano exploitation is carried out, the enjoyment of the object and the restitution
in kind are incompatible, since the object of the contract is of those that cannot be
used without being consumed. The truth is that regarding object or things of this species,
there is no room to celebrate a lease contract. That is why article 1974 of the Civil Code
says:
“All corporal or incorporeal things that can be used without being consumed are susceptible
of being leased”.
Nor can it be said that the object of the lease, in the case under study, are the islets or
cays where the guano is produced, since that does not appear to have been the intention
of the parties. So much so, that in my understanding, the Government could well lease
those islets to a person other than Mr. Uscategui, and for a different purpose than that of
the exploitation of guano, as long as the enjoyment of the product that the contract entitles
him to was not disturbed.
Considerations such as those I have presented, undoubtedly led the Minister of Foreign
Affairs to the conclusion that the contract under study is not a lease, and to formulate
with notable precision the argument that he states as follows:
“Indeed: ¿What would be what is leased, the islets or the guano? Not the former, because
the Government does not grant the Concessionary the right to enjoy in full all the products
of those territories, whether discovered or to be discovered; not the guano, which
cannot be used without consuming it, nor can it be returned upon the contract’s expiration.”
The strength of the reasoning that I have just transcribed is beyond doubt. Proof of it is
that one of the most illustrious contemporary authors in Law, the Italian Ricci, argues in
the same or similar manner upon examining a question that quire resembles the one we
now attend to. This author wonders if a quarry or a mine, the products of which are consumed
by their exploitation, can be leased. He says the question is difficult and opinions
are divided: He quotes the negative opinion of Rome’s Tribunal of Cassation, and
embracing it, he writes:
344
“We believe that this reasoning is completely acceptable, because, the object of the lease
is considered to be either the mineral that is to be extracted, or the subsoil where the mine
is, and in both cases, the object does not lend itself to a lease contract. And indeed, if the
object is the mineral, it is consumed and there is no lease, and if it is the subsoil, there is
none either, whether because part of it gives in to the leaseholder’s profit, or because it
is not possible to preserve intact the essence of the object for restitution purposes.”
(Francisco Ricci, Derecho Civil Teorico y Practico. Tomo XVII, p. 19).
The contract for the exploitation of guano then, lacks the conditions of a lease, but one
could wonder whether, given the issues of analogy that coincide between leases and sales
(as legal authors point out), the contract we are studying is a sale or not, the object of
which would be the guano sold to Mr. Uscategui over a certain number of years. The
question is important for purposes of the present report, for the same reason that it is
important to know whether the business in question is a lease or not, since the sale of
national assets, as well as their lease, must be carried out in public auction.
But it does not seem that the business in question can be categorized as a sale. It does
not seem that such was the intention of the parties: Neither the Government appears as
seller in the contract, nor has the Concessionary understood to be a buyer. On the other
hand, the percentage that the Government claims for itself is a share in the business and
as such it is categorized in clause 9 of the contract, without that percentage having been
afforded the character of a sale’s price. I therefore consider that the agreed convention is
one of those contracts that are so frequent in the field of the Law, that have no special
denomination and cannot be strictly confined in any of the legal classifications that are
generally admitted.
Wherefrom I deduce that it is not included within the contracts that it is mandatory to
carry out by public tender according to the Tax Code, while it is effectively within the
special authorization in article 110 of the same Code, according to which guano deposits
can be exploited by means of contracts with the Government, without further Congress
approval, as long as they comply with these requirements: That their term does not
exceed thirty years; that the State’s benefits are not lower than 15 percent of the gross
product of the enterprise, and that upon its expiration, the means of exploitation and
transport employed by the entrepreneur shall remain as the Nation’s property.
These considerations of a legal nature, along with the motive of high public interest as
already stated by the Minister of Foreign Affairs, lead me to issue an opinion in favor of
the negotiation agreed upon with Mr. Uscategui, and consequently I end by proposing:
“The Council of Ministers considers that the contract signed between Mr. Minister of
Finance and Mr. Manuel Uscategui T., for the exploitation of guano on the cays of
Roncador, Quitasueño, Serranilla and South West Cay, can be carried out without legal
impediment, and that in such character, the contract should be approved.”
345
Your Commission,
Emilio FERRER
Bogotá, 1 February 1915.
346
Annex 97
CONTRACT FOR THE EXPLOITATION OF GUANO IN THE
ARCHIPELAGO OF SAN ANDRÉS AND RELATED OFFICIAL
DOCUMENTS, APPROVED ON 19 MARCH 1915
(Diario Oficial N° 15.458, Bogotá, 6 April 1915)
Ministry of Finance
CONTRACT
On the exploitation of guano on the cays of Roncador, Quitasueño, Serranilla and
South West Cay, in the Archipelago of San Andrés and Providencia
Between the undersigned, Daniel J. Reyes, Minister of Finance, duly authorized by the
President of the Republic on one hand, and Manuel Uscategui, acting in his own name
and on his own behalf, on the other, who shall hereinafter be referred to as the
Contractor, in view of the provisions of Article 4, in accordance with article 110 of the
Tax Code, have signed the contract contained in the following clauses:
I. The Government grants the Contractor, in accordance with the aforementioned provisions,
the right to extract guano found on the cays of Roncador, Quitasueño, Serranilla
and South West Cay, of the jurisdiction of the National Intendancy of San Andrés and
Providencia, and undertakes to afford him, within the law’s extent, the protection that
may be necessary to exercise the rights granted to him by this contract, and to enjoy the
guarantee of his interests.
II. The Contractor shall pay the Government up front, in cash, and as the share that corresponds
to the Nation in the Enterprise, 15 percent of the gross product of the guano
exploitation. For purposes of the stipulation under this clause, the Contractor undertakes
to liquidate at the end of every quarter, and with the intervention of the Official Agent
that the Government designates, the product of that exploitation.
III. The Contractor undertakes to establish the guano extraction works within a term that
shall not exceed two years, as of the date on which this contract is definitively approved.
IV. The term of the present contract shall be of twenty-five years as of the date on which
the Contractor begins the guano exploitation, in accordance with the provision of the
previous clause.
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V. The Contractor shall ensure the compliance of the obligations that he undertakes in
this contract, with a personal bond to the Minister of Finance’s satisfaction, for four
thousand pesos ($4,000) gold, which he will tender within ninety days following the
definitive approval of the present contract. It is understood that the warrantor or warrantors
shall fulfill the conditions required for such case by article 2376 of the Civil Code,
examined by the honorable Council of Ministers.
VI. The present contract may not be ceded in any case to a foreign government, and in
case the cession is made in favor of foreign persons or companies, it requires the
Government’s approval for its validity.
Paragraph. If the cession were made to a national company, prior governmental
approval is not required for it to be effective, but in such case the Contractor is under the
obligation to notify that the cession has been consummated.
VII. In case the cession is made to a foreign person or company it is understood, naturally,
that they accept the provisions of Article 15 of Law 145 of 1888 “on immigration
and naturalization”, according to which foreigners that enter into contracts in Colombia
are subject to the Judges and Courts of the Republic, and have no right to seek diplomatic
protection, except in cases of denial of justice. And denial of justice is solely understood
to be the event in which the Contractor, or whomever represents his rights, may be
deprived of the use of judicial recourse as provided by law in safeguarding the civil
rights of persons.
VIII. In case the Government were to agree, during the term of this contract, with any
national or foreign entity, or with a company or individual, analogous concessions to
those that are the object of this contract, and if such an agreement were to include more
favorable obligations or rights for contractors, it is understood that those more favorable
third-party rights, concessions or obligations that may be agreed upon in subsequent contracts,
shall be considered to be included in this contract ipso facto and without the need
of amendments or clarifications, and therefore shall become an integral part of it. The
same is stipulated with regard to legal provisions that may subsequently favor the
exploitation of guano.
IX. The payment of what the Government is entitled to for its share shall be made in the
administration Office that the Government designates, thus undertaking the obligation to
inform the Contractor as to which is the designated Office for such purpose.
X. The Government shall impart the necessary orders so that authorities in general, and
especially those established or that may be established in the Archipelago of San Andrés
and Providencia, shall uphold and enforce this contract. In case the aforementioned
authorities were not to heed the Government’s orders, the contractor may complain of
any faults to the corresponding Ministry that, if the claim was found to be grounded,
shall adopt the measures tending to the fulfillment of what is stipulated herein. It is
understood, however, that the Contractor undertakes not to submit claims for delays or
mishaps that he may find on implementing the exploitation, due to third-party interven-
348
tion, in any case in which the Government is unable to, under any circumstance, immediately
hinder or eliminate such delays or mishaps.
XI. All the elements that the Enterprise holds upon the termination of this contract, such
as buildings, machines, transport elements and, in general, all existing elements for the
service of the same Enterprise, shall become the Nation’s property, since those that can
be of the Contractor’s particular use, shall always remain under his possession.
XII. This contract may be declared administratively terminated, through the corresponding
Ministry, in any of the following events:
a) If after three quarters have lapsed, the Government has not been paid the percentage
that it is entitled to for that period, pursuant to what is stipulated in clause 2.
b) If the bond is not tendered in accordance to the provisions of clause 5.
c) If the works are not initiated within the term included in clause 3.
d) If any or several stipulations of the present contract are not complied with.
e) Due to the Contractor’s judicially declared bankruptcy.
XIII. It is understood that no declaration of termination shall ensue in case the
Contractor, due to force majeure or Acts of God, should cease to fulfill the obligations
that the present contract imposes upon him.
XIV. This contract, for its validity, requires the approval of the Executive Branch, after
a favorable opinion by the honorable Council of Ministers, and to decide whether it is in
conformity with the law, it shall be subjected to the consideration of the Council of State.
Once these formalities are complied with, it shall be embodied in a public deed.
In witness whereof it is signed, in two copies, at Bogotá, on 22 December 1914.
Daniel J. REYES - Manuel Uscategui T.
--
Council of Ministers - Bogotá, 19 March 1915
In the session of 1 February last, the honorable Council issued a favorable opinion
regarding the preceding contract.
The Secretary, Luis Carlos Corral.
--
Executive Branch - Bogotá, 19 March 1915
349
Approved.
JOSE VICENTE CONCHA
The Minister of Finance, Daniel J. Reyes
--
Ministry of Finance - Bogotá, 6 March 1915
Mr. Manuel Uscategui T. being present in this Office, he was notified of the resolution
approved on the 1st day of the current month by the Contentious Administrative Court of
the Council of State, in which two modifications to the preceding contract are required.
Mr. Uscategui expressed that he accepts such modifications, and that consequently
agrees with the undersigned Minister, that clauses II and XI of the earlier contract are
replaced, respectively, by the following:
“Clause II. The Contractor shall pay at the Administration of National Finance of the
Intendancy of San Andrés and Providencia, upfront, in cash and as the share of that
Intendancy in the Enterprise, fifteen percent (15 per 100) of the gross product of the
guano exploitation, share that shall be destined for the public expenses of the Intendancy.
For purposes of the stipulation in this clause, the Contractor undertakes to liquidate, at
the end of every quarter and with the intervention of the Official Agent that the
Government designates, the product of that exploitation.”
“Clause XI. Upon the expiration of this contract, the roads, buildings, railways, trams,
aerial cables, machines, devices and, in general, all means of transport and elements for
exploitation employed by the Contractor, shall become the State’s property.”
Mr. Uscategui further agreed that, in order for the amendments inserted above to take
effect, they require the Government’s approval.
In witness whereof these proceedings are signed.
The Minister, Daniel J. REYES - Manuel Uscategui T.
--
Executive Branch - Bogotá, 19 March 1915
Approved.
JOSE VICENTE CONCHA
The Minister of Finance, Daniel J. Reyes
350
--
Council of State - Contentious Administrative Court - Bogotá, 1 March 1915
On 23 December last, the Minister of Finance and Mr. Manuel Uscategui T. signed a
contract whereby the latter is granted the right to extract the guano found on the cays of
Roncador, Quitasueño, Serranilla and South West Cay, within the jurisdiction of the
National Intendancy of San Andrés and Providencia.
The contract, duly approved by the Executive Branch with the favorable opinion of the
Council of Ministers, was entered into without a public tender, based on the provisions
of Article 110 of the Tax Code with regard to Article 4 of the same instrument.
Earlier, the referred-to contract had been signed on 16 September of the same year,
between Mr. Uscategui and the Minister of Public Works. It was only upon this contract’s
consideration that the Council of Ministers decided that it was the Finance Minister to
whom the issue belonged and, by virtue of that decision, that Ministry carried it out
including amendments adopted by the Council of Ministers and stated in the reports that
the Ministers of Treasury and Foreign Affairs rendered on the subject.
The present contract was the object of thorough study in the Council of Ministers, to the
extent that there are four reports thereon, each of them important, by Ministers Urrutia,
Mantilla, Suarez and Ferrero.
In that study, three main issues were examined in the light of legal provisions, legal doctrine
and national interest.
1. Whether the National Government could contract the extraction of guano in the
Archipelago of San Andrés and Providencia.
2. If this negotiation belonged to the Minister of Public Works.
3. If in this negotiation the public tender requirement could be omitted.
The second of these questions was resolved by the Council of Ministers in the sense that
it was the Minister of Finance who had to sign the contract, and this Court shall not dwell
upon it because it is of no great importance to the mission that belongs to the Council of
State with regard to the contract. Since the Government is constituted, in each area, by
the President and the respective Minister, according to Article 59 of the Constitution, and
the former having the sole attribution of distributing affairs between the Ministries in
accordance to their affinity, as Article 132 states, it is well understood that this entity is
only called upon to examine whether the contracts signed by the Government are un
accordance to the provisions of the laws or not.
The question regarding whether it is for the National Government to sign the contracts
regarding the exploitation of guano in the Intendancy of San Andrés, arose out of the fact
that Law 52 of 1912, in its article 7, includes within the Intendancy’s revenues those
351
resulting from guano collection, and given that article 10 provided that the expenses
caused by public administration on the Islands would be covered with the product of the
revenues of that entity, and the remainder, if any, with common funds from the National
Treasury.
The paragraph of article 7 quoted above states that the regulation and organization of the
revenues there shall be carried out through executive decrees. This text and that of article
15 of law 8 of 1909, do not amend article 4 of the Tax Code that, under the letter d),
defines as State fiscal assets guano deposits and other fertilizers, discovered or to be discovered
in lands that are or have been unused. Thus, those being assets that are the
Nation’s property, the Executive Branch is entrusted with everything regarding their
administration. But since articles 7 and 10 of Law 52 state that the Intendancy’s revenues
are, among others, those resulting from the collection of guano, one must conclude that
although the property of such deposits belongs to the Nation, it is also true that their
product belongs to the Intendancy and, for the same reason, the Nation cannot reserve
for itself any share whatsoever in the sums that represent the value of those products. In
other words: As long as Law 52 of 1912 is in force, the revenues from the guano extracted
from the Archipelago of San Andrés and Providencia belong to the Intendancy, as created
by that Law. Therefore, clause II of the contract, whereby it is stipulated that the
Contractor shall pay the Government, upfront, in cash and as the share corresponding to
the Nation in the enterprise, fifteen percent of the gross guano product, must be amended
to the effect that that percentage be delivered to the Administrator of National Finance
of the Intendancy, for purposes of the expenses of public administration thereof, under
the terms of articles 8 and 10 of the aforementioned Law 52 of 1912.
It is also of practical importance to determine whether it is a lease contract or if, on the
contrary, it is one of those for which applied law has no legal technical denomination and
that so often arise in social relations.
The legal aspect of the contract as to its classification was the object of lengthy reasoning
in the reports of the Ministers of State. And the long debate is not without reason,
because if on the one hand, Law 25 of 1871 considered the contract as a lease when in
article 1 it said that “The Executive Branch shall provide for the lease, in public tender
and for a term of five years, of the right to extract guano and collect coconuts from the
islets of Albomkeador [sic] [Albuquerque], Roncador and Quitasueño in the territory of
San Andrés and San Luis de Providencia”, on the other hand, paragraph 1 of article 1974
of the Civil Code reads as follows: “All corporal or incorporeal things that can be used
without being consumed are susceptible of being leased, except for those the lease of
which is prohibited by law, and strictly personal rights such as those of habitation and
use.” It can be seen, then, that our written law both in the Law of ‘71 as well as in the
Civil Code, considers incorporeal things as objects of a lease contract. And, what constitutes
incorporeal -as the Law itself calls them- things? The issue is clearly determined in
articles 664 and 665 of the aforementioned Code. Incorporeal things are property or personal
rights, says the first of these provisions, and the second one is expressed as follows:
“A property right is that which we hold over a thing without regard to any person.
352
The rights of dominion, inheritance, profit, use or habitation, active easements, chattel
mortgage and mortgage, are property rights. Property actions arise out of these rights.”
Property rights, like that of dominion, may be, hence, the object of a lease contract. And
since the fact that the Nation has the right over the guano deposits cannot be doubted
because article 4 of the Tax Code so provides, it is evident that that right may be leased
and that the contract in question is a lease contract. What is hereby leased is not the
guano, nor the islets whereon it is found, the Court agrees with the opinions of the
Ministers of Foreign Affairs and Public Order. What is leased, what constitutes the object
of this contract is the right that the Nation holds, as owner of the deposits to extract the
guano, a right that does not disappear for the Nation, a right that may be used without
being consumed, and a right that is an incorporeal thing under the terms of the provisions
of the Civil Code.
If the opposite were to be admitted, that is, that the Nation cannot lease but that which
is susceptible of restitution in kind, one would logically arrive at the conclusion that
mines may not be leased either because their products such as salt, coal, etc., cannot be
used without being consumed, and therefore, that if it was not convenient for the Nation
to administer them directly, they would be left unexploited, or naturally, that their sale is
not possible without a special law, as article 12 of the Tax Code provides.
From all of the above, it must not be construed that the contract under study should have
been concluded in public tender for it to comply with the legal requirements: In the
Court’s opinion, it is correctly concluded without that formality, but not because it is not
a lease contract, but because it is expressly exempted from the tender.
The essential conditions that must be observed in the conclusion of contracts regarding
guano extraction and analogous matters, are restrictively determined in article 110 of the
Tax Code. The provision deals with the requirements for the conclusion of the contract
and, since among those requirements the tender is not included, that norm intended that
such formality would not to be necessary.
The reason for this exception is found perhaps in that the estimate of the annual or
monthly royalty would be very difficult for the assets that it deals with, a requirement
that must not be done away with in the lease of national assets in general, pursuant to
article 9, and that the natural preference that the discoverers must enjoy with regard to
any other bidder would disappear if the observance of the tender was mandatory, and
thus an injustice would be embodied in the same law.
The wording of clause XI of the contract, where it says that all the elements that the
enterprise holds upon the termination of the contract shall become the Nation’s property
free of charge, lends itself to an interpretation in the sense that if the Contractor were
to sell those elements prior to the expiration of the contract’s term, the Nation would not
be entitled to anything. An interpretation that is further confirmed by the last part of the
same clause, since it establishes that those elements that may be of the Contractor’s par-
353
ticular use shall always remain in his possession.
In the Court’s opinion, the intention of letter c) of article 110 of the Tax Code is different,
in providing that all the means of transport and exploitation elements employed by
the entrepreneur belong to the Nation free of charge, thus stating that such things belong
to it from the moment they are used there. In such a way that the entrepreneur cannot
reserve any of those elements for himself, because it does not appear that they could be
for his particular use. Therefore, the clause in question must be replaced literally with the
corresponding one in article 110.
In view of the above, the Contentious Administrative Court of the Council of State
deems that this contract conforms to the provisions of the law, as long as the amendment
just noted and the one stated at the beginning of this ruling are made.
Be it copied, notified and returned.
The President, Prospero Marquez - Jesus Perilla - Luis Felipe Rosales - Adriano Muñoz
- Federico Jaramillo C., Secretary.
354
Annex 98
REPORT BY MR. ANTONIO JOSÉ URIBE TO THE COLOMBIAN FOREIGN
AFFAIRS ADVISORY COMMISSION, 5 NOVEMBER 1915
(Archives of the Colombian Foreign Ministry)
REPORT BY MR. ANTONIO JOSÉ URIBE TO THE COLOMBIAN FOREIGN
AFFAIRS ADVISORY COMMISSION RELATING TO THE AWARD OF THE
2ND SEPTEMBER 1914 RENDERED BY MR. EDWARD DOUGLAS WHITE,
PRESIDENT OF THE SUPREME COURT OF THE UNITED STATES OF
AMERICA, ACTING AS ARBITER, IN THE CONTROVERSY ON THE LIMITS
BETWEEN COSTA RICA AND PANAMA.
(5 November 1915, Excerpts from page 3, 4, 6)
“The Chief Justice defends his thesis with deductions taken from the long controversy
over limits occurred between Colombia and Costa Rica until 1880, year in which the first
Arbitration Treaty between the two Republics was signed. However, it is compulsory to
affirm this is a forced interpretation, because even if the Culebra river is mentioned several
times as a possible limit between the two States, never the Republic of Colombia
renounced to sustain its title of possession over that coast up to Cape Gracias a Dios, in
accordance with the Royal Order of 1803 and its backgrounds. Furthermore, whichever
were the different proposals of direct settlement between the Governments of Bogotá
and San Jose, the Pact of 1880, that gave jurisdiction to the arbiter to judge the litis, did
not circumscribe the Colombian claims to any particular point, but instead to that which
was sustained and proved during the trial.”
(…)
“The territorial limit the United States of Colombia claim, on the Atlantic side, extends
to Cape Gracias a Dios inclusive; and on the other side of the Pacific, up to the mouth
of Golfito river in the Dulce Gulf. The territorial limit claimed by the Republic of Costa
Rica, on the Atlantic side, extends up to the Island of the Escudo de Veragua, in river
Chiriquí, inclusive; and, on the Pacific side, up to the Chiriquí Viejo river, inclusive, to
the East of Punta Burica. The arbitral award should be circumscribed to the territory in
dispute, that is located within the limits already described, and will not affect in any way
the rights that a third party, which has not intervened in the arbitration, may allege as to
the title to the territory comprised within the limits indicated.”
(…)
“As it may be seen, as to the insular territory, that is, what has mainly caused the vari-
355
ous reports that I have had the honor to submit to the Foreign Affairs Commission, the
Chief Justice’s Award respects or does not purport to undermine the award by H.E. the
President of the French Republic, that awarded and recognized the Archipelago of San
Andrés and Providencia, of which the Islas Mangles are part, as appertaining to
Colombia’s exclusive sovereignty.”
356
Annex 99
RESOLUTION OF THE MINISTRY OF FINANCE CONCERNING A
CONTRACT FOR GUANO EXPLOITATION IN THE ARCHIPELAGO OF
SAN ANDRÉS, MAY 1916
(Diario Oficial N° 15.811, Bogotá, 6 June 1916, p. 2619)
Ministry of Finance
RESOLUTIONS concerning a guano exploitation contract.
Ministry of Finance - 5th Section - Bogotá, 16 May 1916
Mr. Manuel Uscategui, concessionary to exploit the cays of Roncador, Quitasueño,
South West Cay and Serranilla, located in the Archipelago of San Andrés and San Luis
de Providencia, requests that the term stated in clause 3 of the contract embodied in public
deed No. 546 of 24 March 1915, issued at the 2nd Notary Public’s office of the Bogotá
Circuit, be declared suspended.
In order to decide, the Ministry acknowledges that the European war has posed and
poses an obstacle to garner the capital required for such guano exploitation enterprise.
Therefore, it is resolved:
The two-year term stated in the aforementioned clause, shall begin lapsing from the date
on which the Government officially recognizes the reestablishment of peace in Europe.
This resolution is to be subjected to the consideration of the President of the Republic
and the Council of Ministers.
Be it notified.
The Minister,
Diego MENDOZA
357
--
Republic of Colombia - Presidency of the Republic - Secretariat.
Number 351 - Bogotá, 27 May 1916
Mr. Minister of Finance - At your Office
I hereby comply with the duty of informing Y.E. that the honorable council of Ministers,
at today’s session, considered the report rendered by H.E. the Minister of Agriculture and
Trade, with regard to the Resolution issued by your Office, dated on the 16th of the current
month, on the occasion of a documented memorial that Mr. Manuel Uscategui T.
submitted to that Ministry, whereby he requests the term that was granted to him for the
exploitation of the guano deposits on the Archipelago of Dan Andrés and Providencia to
be declared suspended. The aforementioned report ends with the following proposal:
“The Resolution of the Minister of Finance, dated 16 May of the current year, whereby
it is considered that the two-year term stated for Mr. Manuel Uscategui to initiate the
exploitation works of his concession, regarding the guano deposits on the Archipelago
of San Andrés and Providencia, shall begin lapsing as of the date on which the
Government officially recognizes the reestablishment of peace in Europe, is approved.”
The aforementioned proposal having been discussed, it was modified and approved as it
appears as follows:
“The Council of Ministers is of the opinion that the Resolution of the Minister of
Finance, dated 16 May of the current year, regarding the contract concluded with Mr.
Manuel Uscategui on guano exploitation, is equitable.”
By virtue of which, I enclose herewith, the documents relating to this matter, in seventeen
useful pages, which I submit to that Office.
God save Mr. Minister,
Luis Carlos Corral
358
Annex 100
RESOLUTION OF THE MINISTRY OF PUBLIC WORKS CONCERNING A
CONTRACT FOR GUANO EXPLOITATION IN THE ARCHIPELAGO OF
SAN ANDRÉS, 11 DECEMBER 1918
(Diario Oficial N° 15.811, Bogotá, 24 December 1918)
Ministry of Public Works
RESOLUTION clarifying the contract concluded with Mr. Manuel Uscategui to
exploit guano on the Cays of Roncador, Serranilla, Quitasueño and South West Cay, of
the Archipelago of San Andrés and Providencia..
Ministry of Public Works - 2nd Section - Bogotá, 11 December 1918.
Mr. Manuel Uscategui T. in a memorial dated 25 November last, requests this Office to
issue a resolution clarifying the contract to exploit guano on the Cays of Roncador,
Serranilla, Quitasueño and South West Cay, of the Archipelago of San Andrés and
Providencia, concluded with the National Government and which was published in the
Official Journal number 15458 of 6 April 1915, with the purpose of determining, through
the corresponding additional clause, whether the Contractor may build facilities for carbon
deposits required for land and maritime transports that the company may need for
the exploitation of the products under the contract, leaving said facilities as Government
properties upon the contract’s termination in accordance with article 11.
Certainly, nowhere in the agreement was it stipulated that the Contractor could build
facilities destined for storing the coal that should serve as fuel for the maritime and land
transports that it may be necessary to employ for the exploitation. However, article 11
provides that upon the contract’s termination all the elements that the company holds,
such as buildings, machinery, transport elements, etc., destined for the service of the
same, must remain as the Nation’s property free of charge. Among those buildings -that
the Contractor is virtually enabled to construct- facilities needed for the storage of coal
required for the exploitation of the contracted guano deposits may well be included. The
authorization for those facilities is therefore perfectly included within the stipulations of
the contract.
Therefore, it is resolved:
The Contractor is enabled by the terms of the contract, according to the interpretation of
359
article 11, to build facilities destined for coal deposits that may be required for the maritime
and land transports that the may be required by the company for the exploitation
of the guano deposits of the Archipelago of San Andrés and Providencia, referred to in
the contract dated 19 March 1915, published in the Official Journal number 15458, dated
6 April 1915.
This Resolution shall be subjected to the approval of the Executive Branch. Once
obtained, be it communicated, notified and published.
The Minister of Public Instruction, in charge of the Office of Public Works, J. F.
INSIGNARES S.
- Executive Branch - Bogotá, 12 December 1918.
Approved - MARCO FIDEL SUAREZ - The Minister Public Instruction, in charge of
the Office of Public Works, J. F. INSIGNARES S.
360
Annex 101
NOTE N° 312-2973 FROM THE COLOMBIAN MINISTER IN WASHINGTON
TO THE COLOMBIAN FOREIGN MINISTER,
13 SEPTEMBER 1919
(Archives of the Ministry of Foreign Affairs of Colombia)
LEGATION OF COLOMBIA
Washington, D.C.
312-2973 13 September 1919
Mr. Hernando Holguin y Caro, Minister of Foreign Affairs
Bogotá
Yesterday afternoon, at the closing time of the offices of the Department of State, I
received the following telegram from you, dated in that city on the 11th:
[Encrypted text appears as follows]
“Accersios proloquors session anagramma exportation rudusculum exportation
inanitas pampillum obelus rutaceus peripatus deuto orhificos qnxrf fvuuntceen urtqniru
klcpnflvhr numerandus asteria inanitas anagramma elenchus clivosus nassa me topa perfabrico
orbificos dedolo floreo xanthium obelus accogero angara.”
As per your instructions, I spoke today with Mr. Fletcher who is working at the
Department of State instead of Mr. Polk, and with Mr. Long, who is acting as chief of
the Latin American Division, due to the resignation of its head, Mr. Stabler, and, after
certain inquiries, I was informed that there are no news in that Department regarding the
matter of my investigation. In order to finalize it, a memorandum was sent to the
Secretary of the Navy, who is in charge of the branch of lighthouses. Given the slowness
with which questions of this nature are handled here, I believe that we will not get an
answer before Tuesday or Wednesday next week.
I have just informed you of the result of this first conversation with the Department of
State, by telegram which I now transcribe:
[Encrypted text appears as follows]
“Chlamyss derisor lamium abortion distortios scrutator abortion cursims indigenus
numerandus brisa scrutatur prolibare consummo infelicitos dejuvos ancillaries
361
prolutus ample galbaneus antithesis naxia orbificos rutaceus improbatus amphoralis
depolitio abstringo accingo angara frustro.”
Given the importance of the matter, which required an immediate report by this Legation
to the Government of Colombia, I believe it is not necessary for me to tell you that aside
from the report contained in your telegram, I had had no other news in that regard. We
shall regret it if it were to be confirmed, not only due to the lack of respect for our sovereignty
that the establishment of the lighthouses implies in the manner that it is said to
have occurred, but also because the main problem of the 1914 Treaty being still outstanding,
we would be face with the no less serious one of giving an opportunity for this
Government to question, as it will likely happen, our rights over the archipelago of San
Andrés and Providencia, thus completely opening the doors to Nicaragua’s claims, with
all the serious consequences of the nearly defenseless situation that we find ourselves in
at those islands and those cays.
I remain your most obedient servant,
C.A. Urueta
362
Annex 102
NOTE N° 1287 FROM THE GOVERNOR OF SAN ANDRÉS TO THE
MINISTER OF GOVERNMENT, 21 SEPTEMBER 1919, AND ENCLOSURE:
“US CLAIMS RONCADOR CAY”, NEWSPAPER ARTICLE IN LA ESTRELLA
DE PANAMÁ, 15 SEPTEMBER 1919
(General Archives of the Nation, Aug. 12 1919 Vol. 812)
National Intendancy 213 Number 1287
of San Andrés and Providencia
San Andrés, 21 September 1919.
Mr.
Minister of Government
Bogotá
As I had the honor to inform you directly, as well as through the Governor of the
Department [Province] of Bolivar, by notes numbers 1205 and 1207 dated 11 and 12
August last, and also in telegrams 123 and 129 of 11 August and 9th of the current
month, addressed via Cartagena, to which I have not obtained any reply, the United
States Government has built lighthouses on the cays of Roncador, Quitasueño and
Serrana, that are now functioning. At first, I imagined that those works had been carried
out pursuant to some agreement or concession granted by the National Government, but
I have learned today, through the newspaper “La Estrella de Panamá”, that such acts
were effected by virtue of a Decree issued by the President of the United States, dated
June last, whereby he declares Roncador Cay as property of the American Government,
and since this is nothing other than a violation of national sovereignty, I rush to inform
you thereof, enclosing a clipping of the aforesaid newspaper where the Decree is published,
although I suppose that the Government is already aware of it through our
Minister at Washington.
In that publication, it is also said that the undersigned denied the permit requested by the
Captain of the schooner “Perla Maria”, Mr. Sheridan Archbold, to go to Roncador Cay
to take some workers embarked in Colón, of the Lighthouse Division of the Canal Zone,
sent with the purpose of undertaking works thereon relating to the reparation of the lighthouse,
which I did indeed, safeguarding the rights of the Nation.
As you are not unaware of, the same attempt against the national sovereignty on that
Cay, was effected by the American Government in 1869, in granting license to the
363
American citizen J.W. Jennet to exploit the guano existing thereon, but the Colombian
Government having claimed its rights in the years between 1890 to 1893, that
Government’s recognition of the referred-to islet as Colombian property was obtained.
I deem it urgent and most important that you impart the instructions that you deem necessary
in this regard, so that I may strictly comply with them.
I also believe it is indispensable for the Government to provide a way to obtain a ship to
render its services in this Intendancy, so that surveillance on the cays and the
Archipelago in general might be established, as well as to be keep the Government
updated on everything that happens here and requires to be speedily communicated.
The same notice contained herein is sent to you by telegram via Cartagena and Cable via
Colon, if possible.
I am, your most attentive and assured servant,
(Signed)
[T.N.: Stamp in lower half of page reads as follows:
Government
1st Section
Bogotá, 20 October 1919
Registered under No. 9073 in 2 pages
Sent to Section 1. ]
Ministry of Government
20 October 1919
Copy of this note and the enclosed clippings to be sent to the Ministry of Foreign Affairs.
Acknowledge receipt.
For the Minister, the Secretary,
(Signed illegibly)
364
365
366
Annex 103
ANNUAL REPORT FROM THE INTENDENTE OF THE ARCHIPELAGO OF
SAN ANDRÉS TO THE MINISTER OF GOVERNMENT,
MAY 1919-APRIL 1920
(General Archives of Colombia, 14 April 1920, Vol. 842)
REPORT SUBMITTED BY THE NATIONAL INTENDANT OF THE
ARCHIPELAGO OF SAN ANDRÉS AND PRVIDE
TO THE MINISTER OF GOVERNMENT
1920
* * * * * * * * * * *
San Andrés, 14 April 1920
Mister
Minister of Government
Bogotá
I have the honor to submit to H.E. the report corresponding to the functioning of the public
administration of the Archipelago, in the time comprised between the month of May
1919 and the present date, as follows:
PUBLIC ORDER
During the time I have referred to absolutely nothing has altered the tranquility of the
Archipelago, except for what happened in the cays of Roncador, Quitasueño and
Serrana, with which I will deal in this report, in a separate chapter.
The islanders express their satisfaction for the way their needs are taken care of and justice
is administered.
The beneficial action of the Government that, even though it reaches here with some difficulty,
always produces praiseworthy effects, makes the natives every day more addicted
to the Motherland and they understand better the advantages that being sheltered by
the Colombian flag gives them.
367
(…)
CAYS OF RONCADOR, QUITASUEÑO AND SERRANA
In the last days of July of last year we were informed that, with employees of the zone
of the Panama Canal, lighthouses were being built by the American Government in the
cays of Roncador, Quitasueño and Serrana and immediately the Intendancy commissioned
Captain William Timothi Newall, of the schooner “Ready-Coll”, to go to those
cays, practice an inspection and report what was actually there. The said Captain went
to the cays, but before he had the time to render the said report, Captain Sheridan
Archbold, of the schooner “Perla María” at that moment, arrived to this port, coming
from the said cays, and being interrogated by the undersigned informed that it was obvious
that those lighthouses had been installed on the indicated points, and in addition to
that he recalled that they had an inscription stating they belonged to the Government of
the United States. In that state of things I proceeded on the 11 August of last year to tell
that Ministry through the note number 1205, a cablegram and a telegram with extraordinary
character, all of which I sent with Mister Jesús Alberto Sierra, employee of the
Intendancy and commissioned to that end. This was done as fast as was allowed by the
sailboats and the difficult communication that has always existed with the Colombian
mainland. For greater security, a duplicate of the note as well as of the telegram was sent
directly to Cartagena on the schooner “Jessy Nell” that carried the mail at the time and
that arrived immediately after the Commissioner via Colón had been sent.
For further clarity, I insert the aforementioned notes:
[Texts of telegrams and notes follow]
(...)
Being incontestable, as it is, that all the referred-to cays are Colombian and form an integral
part of this Archipelago, the Government of the Intendancy has continued to exercise
acts of dominion over them and to that effect, the Municipal Mayor of Providencia,
pursuant to instructions of this Office, issued a Decree deputizing as police the
Colombian ship masters and crews that on the authority of this Intendancy’s Government
go to fish on the cays, so that they may settle there and prevent foreign ships from going
there to fish or exercise other types of acts without permission from the Colombian
Government. Nevertheless, in accordance with those Captains’ reports, sailboats of
British nationality have recently been found on the cays, coming from the island of Gran
Cayman, fishing for turtles and tortoises. In light of the above, I believe it to be appropriate
for the Minister of Foreign Affairs to undertake the actions conducive to the
peremptory prohibition for those ships to go fish on the cays, without having the
Colombia’s Government acquiescence in that regard.
(...)
(signed) Manuel M. Leal
368
Annex 104
ADDRESS TO CONGRESS BY THE PRESIDENT OF THE REPUBLIC OF
COLOMBIA, JULY 1920
(Diario Oficial N° 17.245 to 17.247, Bogotá, 24 July 1920)
EXECUTIVE BRANCH
MESSAGE of the President of the Republic of Colombia to the National Congress
in the sessions of 1920
Honorable Senators and Representatives:
...
National Intendancies
The purpose of the Intendancies and of the laws that establish and govern them is to provide
an adequate administration to settlements or protect those parts of the national territory
that cannot be regulated by ordinary laws.
The Intendancy of San Andrés and Providencia is formed by the Archipelago, consisting
of the islands of San Andrés, Providencia, Santa Catalina, Islas Mangles [Corn Islands],
and numerous other cays more or less removed from the islands. It is imperative to facilitate
communication with the Archipelago by means of a ship that shall make it speedy
and safe and not delayed and perilous as it currently is. A vessel making a weekly crossing
between the Archipelago and Cartagena or Puerto Colombia, would satisfy such
need. There is an Intendente at the Archipelago, whom Mayors, Institutors and Judges
are dependant from, as well as the members of a catholic mission; there is also a wireless
telegraph erected some time ago.
...
Borders and other territorial matters
Dominion over the cay of Roncador, in the Archipelago of Providencia, has been the subject
of controversy with the United States since a long time ago, and recently, as you
know, it has also been the issue of an executive decree of the Washington Government,
that lists this islets within the properties of the American Union, for the purposes of
erecting a lighthouse thereon, necessary for the safety of navigation. In any case, our
369
Legation at Washington, by means of sensible actions, has accomplished this matter to
be led in the environment that it had held for many years, that is, one of a friendly discussion,
in which the titles that the Republic holds in order to claim ownership over that
part of our Archipelago are proven. Although the distance from the cay to the central
islands is considerable, it is no reason for the Government’s claims to be inane. Instead,
they are very solid and grounded in perfect titles of dominion worthy of the highest consideration.
...
Luminous lighthouses and buoys
Three deteriorated buoys have been repaired and a contract has been concluded with a
company from the United States in order to place a lighthouse and ten more buoys in the
Cartagena bay, two lighthouses on the islands of San Andrés and Providencia, and another
in the Santa Marta bay. A contract is being prepared to place a lighthouse in
Galerazamba and five buoys in Buenaventura as well.
...
370
ANNEX 105
TERMS OF TENDER FOR PEARL FISHING IN COLOMBIAN SEAS
INCLUDING THE ARCHIPELAGO OF SAN ANDRÉS, 21 APRIL 1924
(Diario Oficial N° 19.578, Bogotá, 21 April 1924)
TERMS OF TENDER in which the fishing of pearl exploitation in the seas of the
Republic shall take place
The Government, exercising the power granted it by Law 96 of 1922 and for the purposes
of Decree number 1315 of 1923 organizing pearl fishing, has decided that, in the same
manner as the exploration of the first sector was effected, so shall that of the other three,
of the four in which the seas of the Republic are considered to be divided in by article 1
of the aforementioned Decree, to wit:
Second sector- From San Agustin, in the proximity of the Dibulia river, up to the limit
with Panama.
Third sector - The Archipelago of San Andrés and Providencia.
Fourth sector- The Colombian waters in the Pacific Ocean.
The exploration shall be carried out under the following conditions:
First. Proposals can be submitted for the exploration of only one sector or of the three,
jointly.
Second. The exploration shall be carried out under the orders of a Pearl Fishing
Inspector, employee that the Government shall name and who will also have the required
surveillance personnel under his command.
Third. The extraction shall begin in June on the day the Minister of Finance states and
may not be suspended unless by order of the same Ministry, and in serious cases of public
order or due to repeated irregularities attributable to the explorer and his dependants.
Fourth. The exploration of each sector shall only be carried out with sloops provided
with scubas, numbering twenty or more, duly equipped.
Fifth. The Fishing Inspector shall divide the corresponding sector in the zones that in his
371
knowledge and understanding he may see fit to obtain the best result after the definitive
fishing.
Sixth. The explorer undertakes to give the Government all of the data and reports he may
gather in the exploration regarding the exploited regions, concerning mother-of-pearl as
well as other types of fishing and as regards the conditions of the coast, ports, refuges,
coves, etc. of the adjacent seas.
Seventh. The expenses of the fishing and exploration are borne by the explorer, except
for the remuneration of the divers, cooks, and other employees on each boat or sloop,
who shall be remunerated as hereinafter stated.
Eight. The product of the fishing shall be divided as follows: . . . per cent for the State;
25 per cent of the divers, cooks, air compressor operators and other employees on each
boat, in proportion to the remunerations agreed between them and the explorer, but
ensuring that each diver enjoys the same remuneration as the others in the same labor,
and the same applies for the others. The rest is for the explorer.
Ninth. It is also an obligation of the explorer to provide food for the person or persons
that the Fishing Inspector places onboard each boat.
The explorer shall timely submit the personnel roll, expressing each boat, and shall indicate
the proportion in which the 25 per cent shall be distributed among divers, cooks, air
compressor operators, captain and sailors.
Tenth. Upon making the distribution each sloop shall designate a person to receive the
share belonging to its men.
Eleventh. The product of the fishing, duly weighed and sealed, shall be stored daily in a
bi-locked coffer, one key of which shall be kept by the explorer or his representative, and
the other by the Fishing Inspector, in whose custody the coffer shall remain.
Twelfth. On the last day of each month the classification and weighing of the extracted
pearls shall take place and, of each kind, as many lots of equal weight as may be necessary
shall be formed, in order for the Government to be able to receive in kind, the proportional
share that corresponds to its ... per cent.
Thirteenth. Pearls “de vista”, that is, those of one fourth of a karat and above, shall be
specially separated and distributed not only on account of their weight but also of their
commercial value with regard to their quality, in the proportion stated above. If it were
not possible to form the equivalent lots with those pearls, they shall be reserved to be
sold in the manner agreed and provided for by the Government, with the purpose of distributing
the product of the sale in the established proportion.
The share corresponding to the Revenue shall be delivered by the Fishing Inspector at
372
the Customs office determined by the Government, along with the distribution minutes
and double-checking them with the lots he delivers.
Fourteenth. The risk of the vessels and equipment is borne by the explorer.
Fifteenth. The Fishing Inspector shall determine where the fishing shall begin and the
order that is to be followed, and shall dictate the pertinent regulations, control measures
and provisions regarding penalties.
Sixteenth. The Inspector shall designate the points in which, as the exploration is carried
out, the opening of the conchs shall be done, and may be the same as those where the
camp is set up.
Seventeenth. Penalties shall consist in fines and deprivation of the right to fish either
temporarily or for the remainder of the duration of the exploration fishing, as well as in
the suspension of fishing in extraordinary events.
Such penalties shall be imposed by the Inspector in accordance with the general provisions
he dictates to that effect.
Eighteenth. It is absolutely forbidden to extract corals, and the boat or sloop that were to
contravene this shall incur in one of the abovementioned penalties.
Nineteenth. If the Inspector were to be persuaded that one or more boats are trying to
conceal the results of the exploration or to make them appear inferior to the actual ones
or to defraud the interests of the Revenue in the presentation of extracted conchs and
pearls, or to reserve the knowledge of discovered banks, he shall cancel the boat’s license
to be involved in the exploration fishing, without prejudice to the other penalties that
may apply, the explorer being under the obligation, if the Inspector so demanded, to discontinue
the defrauder’s employment.
Twentieth. This contract shall terminate if any applicable causes within those determined
by article 41 of the Tax Code occur, and also, in the event the explorer were to breach
any of its stipulations, and specifically if an agreement were discovered between the
explorer and the divers, cooks or boat crews, in order to somehow defraud the Nation or
to adjudicate or divide the 25 per cent corresponding to them, in a different manner than
that herein provided for.
The Government reserves the power to declare the contract terminated for any reason of
non-compliance.
Twenty-first. For the surveillance of the fishing the Inspector may make use, in addition
to the employees directly under him, of the customs houses and other Police Sections
stationed on the coast and, in general, of any other employees whose service he deems
necessary.
373
Twenty-second. The expenses that the surveillance and administration of the exploration
fishing, and the collection of the share that corresponds to the Revenue demand, shall be
provided for by the National Treasury.
Twenty-third. To ensure compliance with this contract, the explorer shall deposit a warranty
in the sum of $1,000 legal currency.
The Minister of Finance, Aristobulo ARCHILA
374
ANNEX 106
PRESIDENTIAL DECREE N° 625 ON PEARL FISHING IN COLOMBIAN
SEAS INCLUDING THE ARCHIPELAGO OF SAN ANDRÉS, 22 APRIL 1925
(Diario Oficial N° 19.889, Bogotá, 4 May 1925)
MINISTRY OF FINANCE AND PUBLIC CREDIT
DECREE number 625 of 1925 (22 April), regarding pearl fishing in territorial waters
of the Republic.
The President of the Republic of Colombia, exercising the power granted to him by
Article 1 of Law 96 of 1922, and having seen article 4 of Law 5 of the current year,
decrees:
TITLE I
CHAPTER ONE
Division of the territorial waters
Article 1. For purposes of the fishing of pearls in the territorial waters of the Republic,
the organization and collection of the corresponding revenue, the territorial waters are
divided in four sectors, to wit:
First sector- From Castilletes, border with Venezuela, to the Cape of San Agustin, to the
proximity of San Juan de Guias;
Second sector- From the Cape of San Agustin to the border with Panama;
Third sector - The Archipelago of San Andrés and Providencia; and
Fourth sector- The Colombian waters in the Pacific Ocean.
Article 2. Each sector shall be subdivided in as many zones as the Government may
determine, in accordance with national interests.
CHAPTER TWO
On the explorations
Article 3. The Government shall organize the explorations of the different sectors to
determine the riches in mother-of-pearl, as follows:
375
By direct administration;
By partial explorations with elements belonging to the Government; or
By contracts, in accordance with the terms of tender that the Government shall make
public in due course.
Article 4. The Government shall tend to the explorations by means of the directive and
surveillance personnel that it may deem necessary.
CHAPTER THREE
On the exploitation
Article 5. In each fishing sector there shall be an Inspection, as the Government may
determine; but it may be provided for the personnel in one Inspection to render its services
in another sector.
Article 6. The collection of the product of the pearls’ revenue and the payment of its
services corresponds to the Customs Administrations that operate within the sectors...
Article 7. The exploitation of pearls in the Republic is subject to the taxes hereinafter
listed:...
...
Article 9. Hereafter it is for the Ministry of Finance and Public Credit, by means of
Resolutions, to subdivide in zones, the sectors not divided in this Decree, in accordance
with Article 2, and to determine with convenient anticipation the sectors and zones open
to fishing, to fix the number of fishing units that may be admitted in each zone and the
amount of the monthly tax for each unit, depending on the systems employed, scuba,
dragnets, etc.
CHAPTER FOUR
Frauds - Jurisdiction and procedure
Article 10. The following acts are considered as frauds to the pearls’ revenue:
a) Fishing without the corresponding license;
...
CHAPTER FIVE
Hygiene and sanitation
Article 18. The pearl fishing entrepreneurs are under the obligation to maintain in the
camp of the respective zone, a physician and a kit to tend to the workers that may
become ill...
376
TITLE II
CHAPTER I
On the first fishing sector
Article 19...
CHAPTER TWO
On the issuance of licenses
Article 23. The tax on exploitation and that which is levied on the buyers and exporters
of pearls, shall be collected by means of licenses that shall be paid in advance and that
will be valid for a period of one month. In no case will there be reimbursement for the
amount paid for licenses, except in the event of proven Acts of God or force majeure.
...
CHAPTER THREE
On the buyers and exporters of pearls that have not paid fiscal dues
Article 33. A monthly tax of three percent (3 per 100) is established, to be calculated in
the manner provided for in article 29, on the sums that the buyers or traders of pearls for
which no fiscal dues have been paid declare as destined to the purchase or trade of these.
...
CHAPTER FOUR
On bills
Article 43. The pearls fished by means of equipment, by head divers and those acquired
by the buyers and exporters dealt with in the previous chapter, shall be written down
according to their weight and classification in the statistical books of the Inspection; and
it is forbidden to remove them from the general fishing camp without the bill that the
Inspector shall issue in three copies. That bill shall only be valid to transport the pearls
from the camp to the Customs house, where they shall be presented for their inspection
with two copies of the bill.
[The bill] becomes definitive and covers the pearls therein registered, within the territory
of the country, by the drafting of an act, numbered in order, signed by the Customs
Administrator, bearing witness to its registration. One of the copies of the bill shall
remain in the Customs house for ulterior verifications.
(...)
CHAPTER FIVE
On the free fishing of indigenous head divers
Article 49. Fishing by indigenous head divers shall be free, but will be subjected to the
377
surveillance of the Inspector, who shall be in charge of opening it and closing it down.
This official shall apply the pertinent provisions regulating fishing.
(...)
CHAPTER SIX
General provisions
Article 55. The employees of the Inspection may not intervene directly nor indirectly in
the exploitation or trade of pearls. Any violation of this prohibition shall be punished
with termination of employment, that shall be imposed by the Inspector, with the
approval of the Ministry of Finance and Public Credit.
...
Article 64. Executive Decrees numbers 1315 and 1615 of 1923, and 756 of 1924, are
hereby derogated.
...
Be it notified and published.
Done at Bogota, on 22 April 1925.
PEDRO NEL OSPINA - The Minister of Finance and Public Credit,
Jesus M. MARULANDA.
378
Annex 107
1925 REPORT TO CONGRESS BY THE COLOMBIAN FOREIGN MINISTER
(Bogotá, Imprenta Nacional, 1925, Ch. VI, pp. 111-112).
Fishing in San Andrés and Providencia
From some time ago our Legation in London was trying that the Government of Great
Britain instructed its Representatives in the British Antilles with a view that they took
the required measures in order to prevent the illegal fishing of Carey turtles, sponges,
pearls and other products that schooners departing from the Cayman islands were carrying
out off the coasts of the Colombian Archipelago of San Andrés and Providencia.
By the end of 1923 the Ministry of Foreign Affairs requested once again to the Legation
in London to take up this matter and the Minister Doctor Cuervo Marquez obtained that,
according to what the Foreign Office communicated to him by Note of 17 July of the last
year, the Governor of Jamaica notified the fishing ships depending from it “that the fishing
of turtles, pearls, corals, sponges or other marine products in the waters of the
Republic of Colombia in the Archipelago of San Andrés, or the extraction of guano or
phosphates from the islands or cays of that Archipelago, is prohibited, as illegal, except
under license granted by the Colombian Government. The Archipelago of San Andrés
comprises the islands of San Andrés and Providencia, and the banks and cays named
Serrana, Serranilla, Roncador, Bajo Nuevo, Quitasueño, Alburquerque and Courtown.”
379

Annex 108
COLOMBIAN DECREE N° 121 ISSUED BY THE INTENDANCY OF SAN
ANDRÉS, 31 DECEMBER 1925
BUDGETARY PROVISION FOR PURPOSES OF COVERING EXPENSES DUE
TO CAPTURE OF FOREIGN SHIPS CARRYING OUT ILLEGAL FISHING IN
THE ARCHIPELAGO OF SAN ANDRÉS
(General Archives of Colombia, Bogotá, Document Fund: República. Ministerio de
Gobierno. Box: Sec. 3a Legalización. Vol. 364, pp. 128-129; 2f)
DECREE NUMBER 121
(31 December)
By which certain transfers are made to the Intendancy’s Budget.
The National Intendente of San Andrés and Providencia in exercise of his legal
attributions and
CONSIDERING:
1.- That, in safeguard of proper public service and with the aim of correcting the attempt
against the Nation’s sovereignty that has been perpetrated by foreign sailing ships that
are dedicated to tortoiseshell fishing in territorial waters of the Republic, in contravention
of Colombian laws in force and against the express prohibition of the Archipelago’s
authorities, it was necessary to rent the “EKER” steamship with the purpose of transporting
the required administrative personnel to the Cay of Quitasueño, in order to capture
two vessels that, under the British flag, were on that cay on September last, defrauding
the Treasury of the Intendancy by the fishing of tortoiseshell and violating the boundaries
of national integrity;
2.- That as a result of the excursion carried out to the Cay of Quitasueño, the British vessels
“Edison Bros” and “Testeco” were captured, and the corresponding prosecution is
being carried out against them.
3.- That having consulted the Minister of Government with regard to the manner in
which to cover the expenses caused by the capture of the aforementioned ships, -expenses
that are duly shown by the corresponding contract and that amounts to the sum of
$1,250.oo-, that high official replied to that query by radiogram of 10 October last that
reads as follows: “Ministry of Government.- Intendente.- San Andrés.- Budget of the
Intendancy. If the provision is insufficient, transfer required amount to the corresponding
381
Article issuing decree that you will subject to Government approval.- (L.S.). RAMON
RODRIGUEZ DIAGO”.
DECREES:
Single Article.- To cover the expenses caused by the capture of the British ships “Edison
Bros” and “Testeco” pursuant to the contract concluded by this Office with Mr. Henry
B. Stephens, regarding the rental of the steamship “EKER” for the sum of one thousand
two hundred and fifty pesos ($1,250.oo), the following transfers are made in the Budget
of Revenues and Expenses of the Intendancy, to Chapter XII Article 5, Various
Unforeseen Expenses of the Department of Finance:
From Chapter IV Art. 1. Police of the Intendancy. Personnel
$ 621.oo
From Chapter IV Art. 3. Punishment Facilities. Rations for prisoners.
$ 111.oo
From Chapter VII Art. 1. Finance Administration. Personnel
$ 68.oo
From Chapter VII Art. 2. Finance Administration. Liquor Revenues
$ 333.oo
From Chapter XII Art. 5. Various Expenses
$ 66.oo
From Chapter XII Art. 4. Unforeseen. Department of Government
$ 51.oo
----------------
Sum $ 1,250.oo
To be subjected to the approval of the Minister of Government, be it communicated and
executed.
Done at San Andrés, on 31 December 1925.
The Intendente,
P.V. FONSECA
For the Secretary General, the Major Official,
F.A. MOYANO
MINISTER OF GOVERNMENT - SECTION 9
Bogota, 9 March 1926
APPROVED
The Minister,
[Signed illegibly]
382
ANNEX 109
PRESIDENTIAL DECREE N° 755 ON THE REORGANIZATION OF PEARL
FISHING IN COLOMBIAN SEAS INCLUDING THE ARCHIPELAGO OF SAN
ANDRÉS, 7 MAY 1926
(Diario Oficial N° 20.211, Bogotá, 4 June 1926)
MINISTRY OF FINANCE AND PUBLIC CREDIT
DECREE number 755 of 1926 (7 May), whereby pearl fishing in the territorial waters
of the Republic is reorganized.
The President of the Republic of Colombia, exercising the power granted to him by
Article 1 of Law 96 of 1922, and 17 of Law 83 of 1925, with regard to article 4 of Law
5 of the same year, decrees:
Article 1. For purposes of the fishing of pearls in the territorial waters of the Republic,
the organization and collection of the corresponding revenue, the territorial waters are
divided in four sectors, to wit:
First sector
From Castilletes, border with Venezuela, to the Cape of San Agustin, to the proximity of
San Juan de Guias.
Second sector
From the Cape of San Agustin to the border with Panama.
Third sector
The Archipelago of San Andrés and Providencia; and
Fourth sector
The Colombian waters in the Pacific Ocean.
Article 2. Each sector shall be subdivided in as many zones as the Government may
determine, in accordance with national interests.
On the explorations
Article 3. The Government shall organize the explorations of the different sectors to
383
determine the riches in mother-of-pearl, as follows:
a) By direct administration, with elements acquired by the Nation; or
b) By contracts and in participation with entrepreneurs who supply the fishing equipment,
in accordance with the terms fixed by the Ministry of Finance and Public
Credit.
On the exploitation
Article 4. In each fishing sector there shall be an Inspection that will operate as the
Government may determine; but it may be provided for the personnel in one Inspection
to render its services in another sector.
Article 5. The Ministry of Finance and Public Credit shall determine the Customs House
or Houses to which the collection of the product of the pearls’ revenue and the payment
of its services corresponds.
Article 6. The fishing of pearls in the seas of the Republic shall be carried out exclusively
by the personnel and elements the Government holds; and only national divers (uncivilized
indigenous people) will be permitted to perform the labor, in accordance with the
special provisions regulating the fishing carried out by them.
Article 7. Persons wishing to export pearls of those freely caught by uncivilized indigenous
divers are under the obligation to pay a monthly tax, in the manner hereinafter
determined.
Article 8. The Ministry of Finance and Public Credit shall subdivide the sectors in zones,
pursuant to Article 2, and shall determine with convenient anticipation the sectors and
zones where fishing must be carried out.
Frauds, jurisdiction and procedure
Article 9. The following acts are considered as frauds to the pearls’ revenue:
b) Fishing in violation of the stipulations of article 6 of this Decree;
(...)
Hygiene and sanitation
Article 16. The Government shall organize through the fishing Inspections, the indispensable
medical service for each sector, in accordance with climate requirements. Only
persons who have undertaken professional studies and bear the diploma that so attests
may perform the medical services.
384
Personnel
Article 17. As of the entry into force of the present Decree, the fishing Inspections in
each sector shall have the following personnel with the stated monthly salaries:
One Inspector .........................................................................$500..
One Assistant Secretary.............................................................200..
One Statistics Official...............................................................150..
One Physician............................................................................200..
One Chief of Camp....................................................................300..
One Sub-chief of Camp.............................................................120..
Two Corporals of Camp (each)...................................................70..
Twenty Guards (each)..................................................................50..
An auditor...................................................................................250..
On the buyers and exporters of pearls
Article 42. Any person or entity that buys and exports pearls of those freely caught by
uncivilized indigenous persons, is under the obligation to pay a monthly tax, in accordance
with the categories hereinafter stated:
First: Comprises transactions carried out for amounts not exceeding $200.
Second: Comprises transactions carried out from $200 until $600 per month.
Third: Comprises transactions between $600 and $1,200 per month.
Fourth: Comprises transactions for amounts over $1,200 and not exceeding $2,500.
Fifth: Comprises buyers that carry out monthly transactions from $2,500 until $5,000;
and
Sixth: Comprises buyers or exporters that negotiate with a capital of over $5,000.
Article 43. The value of the monthly license granting the right to trade pearls caught by
the indigenous persons, shall be as follows:
First category: From $5 to $10, as deemed fit by the majority of the Board.
Second category: $20.
Third category: $40.
Fourth category: $80.
Fifth category: $100.
Sixth category: $250.
(...)
On bills
Article 54. The pearls acquired by the buyers and exporters shall be written down
according to their weight and classification in the statistical books of the Inspection; and
385
it is forbidden to remove them from the general fishing camp without the bill that the
Inspector shall issue in three copies to cover the amounts described therein within the
territory of the country. When export is desired, the Fishing Inspector shall notify the
Customs Administrator, providing details on the pearls and the name of the person making
the request for such purpose, in order for that office to grant the corresponding permit.
The bill issued by the inspection does not grant the right to export the pearls.
(...)
General provisions
Article 64. No vessel can embark on fishing for fish without written permit given by the
pearl Fishing Inspector.
(...)
Article 70. Until the Government acquires the elements required for the direct exploration
and fishing of pearls in the second, third and fourth sectors, the system implemented
by Decree numbers 625 of 1925 shall continue to be in force.
Article 71. This Decree shall enter into force as of the date of its promulgation.
Be it copied and published.
Done at Bogota, on 7 May 1926.
PEDRO NEL OSPINA - The Minister of Finance and Public Credit,
Jesus M. MARULANDA.
386
ANNEX 110
RESOLUTION OF THE MINISTRY OF INDUSTRIES TERMINATING A
CONTRACT FOR GUANO EXPLOITATION IN THE ARCHIPELAGO OF
SAN ANDRÉS, 16 DECEMBER 1926
(Diario Oficial N° 20.384, Bogotá, 30 December 1926, pp. 537-539)
MINISTRY OF INDUSTRIES
RESOLUTION
Ministry of Industries - Legal Administrative Section - National Office of Mines -
Bogota, 16 December 1926
Honorable Senators and Representatives:
On 19 March 1915 a contract concluded between the National Government and Mr.
Manuel Uscategui T. was formalized, regarding guano exploitation on the Cays of
Roncador, Serranilla, Quitasueño and South West Cay, in the Archipelago of San Andrés
and Providencia.
In clause 3 of that contract, that was issued in a public deed under number 546 of 24
March 1915, at the 2nd Notary Public’s office of Bogota, and published in the Official
Journal number 15458 of 6 April 1915, the following provision was made:
“The Contractor undertakes to establish the guano extraction works within a term that
shall not exceed two years, as of the date on which this contract is definitively
approved.”
Now, then: Since the contract was definitively approved, as mentioned, on 19 March
1915, it is evident that the exploitation works had to be initiated before 19 March 1917
at the latest, date on which the two years of the term fixed in the contract lapsed.
However, in a memorial dated 7 May 1916 and addressed to the Ministry of Finance, the
Contractor requested the Government to postpone such term, arguing that the European
war had not allowed him to garner the capital required to develop the enterprise.
In the alluded memorial, among other things, the Contractor stated the following:
“It is my intention, Mr. Minister, as you shall understand, to request the Government,
387
through you, to postpone that term. But I do not now wish, as upon signing the contract,
to undertake commitments that causes beyond my control could turn impossible to fulfill,
and thus formulate my request in a more practical manner, to wit:
“I respectfully request that Ministry to declare as suspended, with the approval of the
President of the Republic, following a report of the Council of Ministers, the term fixed
by the contract of 25 March (it should have said 19) of the year 1915, regarding the
exploitation of the guano of the Cays of Roncador, Quitasueño, South West Cay and
Serranilla, of the Archipelago of San Andrés and Providencia, to begin the exploitation
works, for as long as the state of war in the European continent lasts; and, consequently,
the date of the peace treaty that is concluded, or that of the international act that puts an
end to the war and therefore opens the European market, is to be taken as the initial date
from which the two years that the contract states are to be counted.
“That the current European war is sufficient cause, is borne out of this consideration
alone: The guano exploitation of those islets demands a large capital that it is necessary
to try and garner abroad. Thus, the war has made the guano exploitation, and hence the
immediate fulfillment of the contract, difficult, if not impossible.”
Due to this memorial by the Contractor, Mr. Uscategui, the Minister of Finance issued
the Resolution of 16 May 1916, the operative part of which reads as follows:
The two-year term stated in the aforementioned clause, shall begin elapsing from the
date on which the Government officially recognizes the reestablishment of peace in
Europe.
This resolution is to be subjected to the consideration of the President of the Republic
and the Council of Ministers.
Be it notified, the Minister, Diego MENDOZA
That Resolution having been subjected to the study of the Council of Ministers, that
body approved the following proposal, dated 27 May 1916:
“The Council of Ministers is of the opinion that the Resolution of the Minister of
Finance, dated 16 May of the current year, regarding the contract concluded with Mr.
Manuel Uscategui on guano exploitation, is equitable.”
However, at the Ministry of Industries where the file regarding this contract is now held,
or in the aforementioned file, or in the Resolution whose original lies therein, or in the
notes that were sent by the General Secretariat of the Presidency to the Ministry of
Finance regarding the issue, or anywhere else, there is no record of the President of the
Republic having approved that decision, despite the fact that it was sent with that purpose
to the Office of the Head of State, by virtue of having been so provided in the same
Resolution in question.
388
It must be added, to what has been stated up to now, that the Contractor, Mr. Uscategui,
in memorial registered with this Office on 22 October of the current year, states that he
has not initiated the exploitation works and requests that it be declared that he is still
within the term fixed in the contract for the initiation of those works.
The mentioned memorial states, among other things, the following:
“Reasons that have their grounds in the world war have prevented the formation of a
Company to take under its charge the exploitation of the guano, that the undersigned cannot
embark on without the support of foreign capital, and without sufficiently safeguarding
the permanent national interests. I am now in a condition to initiate those preparatory
works, in an exploitation that is rational from every standpoint. Therefore, I have
addressed the Government, through the Minister of Foreign Affairs, to request the certificate
that serves as grounds to the request that I end this memorial with.’
“I enclose herewith my memorial to the Ministry of Foreign Affairs and the opinion of
that Ministry’s Advisory Commission with regard to the official declaration of the
Government of Colombia concerning the reestablishment of peace in Europe. As Mr.
Minister can see, the official declaration of this fact has not been made by the
Government, as the initial date from which the two-year term to initiate the exploitation
would be calculated.’
“This means that I am within the term that was granted to me by the aforementioned contract,
given that the terms of the Resolution of the Ministry of Finance are so clear, ‘from
the date on which the Government officially recognizes the reestablishment of peace in
Europe’ that it is not possible to disregard that literal sense to consult their spirit, according
to elementary hermeneutic rule.
“Due to all of the above, I respectfully request that Ministry to declare, by administrative
resolution, that in my capacity as contractor for the exploitation of the guano on the
Cays of Roncador, Quitasueño, Serranilla and South West Cay of the Archipelago of San
Andrés and Providencia, I am within the term that was granted to me by the contract, to
establish the exploitation works.”
To complete the recollection of facts that is being done, it is pertinent to transcribe the
report approved by the Advisory Commission of the Ministry of Foreign Affairs dated
14 October of the current year, and some of the reasons on which that report is based. It
reads:
“Your Sub-commission has no knowledge that the Government of Colombia has officially
declared the reestablishment of peace in Europe, nor did it have any reason to make
such a declaration with regard to a war that the Republic took no part in. What can be
considered as evident is that the formal state of war ceased with the peace Treaty signed
at Paris on 28 June 1919, between the allied powers and Germany.
389
“In light of the above, your Sub-commission proposes the following:
“The Secretary in charge of the Office of Foreign Affairs is to be informed that the
Advisory Commission is of the opinion that an authenticated certificate may be issued
to Mr. Manuel Uscategui T., to the effect that the Government has not made any official
declaration regarding the reestablishment of peace in Europe. However, the state of war
ceased, as is evident, with the peace Treaty signed at Paris on 28 June 1919, between the
allied powers and Germany.”
Having thus narrated the main facts regarding this issue, Mr. Uscategui’s request is now
decided upon, based on the following considerations:
It has been shown how the Contractor was obligated, by virtue of clause 3 of the contract,
to begin the exploitation works prior to 19 March 1917 at the latest, and it has also
been shown that the contractor has not complied with that contractual stipulation to date,
as is borne out of the express statement of non-compliance made by him in the memorial
of October last, statement that is not contradicted by any positive act of exploitation,
given that the Government is not aware of such works having been started.
Against this evident conclusion it is futile to argue, as the Contractor does, that the
Government had postponed the term of the two years fixed in the contract to initiate the
exploitation by means of the Resolution issued by the Ministry of Finance on 16 May
1916, the operative part of which was transcribed above, since that Resolution never had
any effect whatsoever, nor could it have had any, for the following reasons:
1. Because according to number 16 of article 120 of the National Constitution, it is
for the President of the Republic as the “supreme administrative authority” to “conclude
administrative contracts for the rendering of services and the execution of public works
in accordance with fiscal laws” and because according to article 31 of the Tax Code “all
contracts concluded on behalf of the State require the approval of the President of the
Republic with the signature of the corresponding Minister.”
2. Because pursuant to article 59 of the Constitution “the President of the Republic
and the Ministers, and in each particular matter the President with the Minister of the
corresponding sector, constitute the Government.”
3. Because the Government being, consequently, the entity that represents the State
in the conclusion of all kinds of contracts, it is the Government that can modify them,
postpone their terms, extend their terms, suspend them, or declare their compliance or
non-compliance.
4. Because no Minister, on his own and to the exclusion of the Head of State, can
conclude contracts, or modify those already concluded, or extend or suspend their terms;
and
390
5. Because there is no official record showing that the Resolution that the
Contractor relies on was approved by the President of the Republic, as it should have
been in compliance with the constitutional and legal provisions that have been quoted,
and in light of having been so provided in the very same Resolution of the Ministry of
Finance, and the Contractor’s request in saying: “I respectfully request that Ministry to
declare as suspended, with the approval of the President of the Republic ...” whereby the
Contractor himself recognized that any decision that was issued regarding the postponement
of the term to initiate the exploitation works would lack legal force if it was not
signed by the Head of the Executive Branch.
It is absolutely clear then, that the aforementioned Resolution was left without effect or,
in other words, that it did not amount to more than a mere project that never came to
legally exist and that, therefore, the original term of two years fixed in the contract was
in no way suspended, but continued to elapse until the oft cited 19 March 1917 expired.
From the above, arises the evident conclusion that the contractor was in arrears as of that
date as to the contract’s compliance. But since he invokes that purported Resolution in
order to maintain that the term was suspended and that, even today, seven years after the
European war has ended, the two-year term has not begun to elapse, the Ministry now
proceeds to examine these contentions of the Contractor, to broaden this study and
regardless of the fact that, as stated, it in no way concedes that the referred-to Resolution
ever had any legal effects.
The Resolution that has been discussed reads:
“The two-year term stated in the aforementioned clause, shall begin elapsing from the
date on which the Government officially recognizes the reestablishment of peace in
Europe.”
The Contractor holds that the two-year term for the initiation of the exploitation contracts
has not begun elapsing, because the Government of Colombia has not officially
declared the termination of the European war. This train of thought is unacceptable from
every standpoint and its admission would lead to absurdity. Indeed: Assuming, for argument’s
sake, that that Resolution had ever legally existed, it is clear that it could only be
understood in the undisputable sense that its spirit and precedents indicate, that is, that
the European war had ended, because it was the abnormality in the European markets the
circumstance that, according to what the Contractor stated, had prevented him from
attaining in the Old World the capital needed to develop the enterprise.
As shall be recalled, the Contractor stated in May 1916, upon requesting the suspension
of the term:
“That the European war is sufficient cause, is borne out of this consideration alone: The
guano exploitation of those islets demands a large capital that it is necessary to try and
garner abroad. Thus, the war has made the guano exploitation, and hence the immediate
391
fulfillment of the contract, difficult, if not impossible.”
The Minister of Finance, in issuing the Resolution the scope of which is being examined,
stated in one of the considerations of the section on motives:
“In order to decide, the Ministry acknowledges that the war is and has been an obstacle
to attain the capital necessary for such guano exploitation enterprise.”
And the Minister of Agriculture and Trade, upon reporting on the Resolution of the
Finance Minister, said:
“The reasons explained by the concessionary may be summarized in that the situation of
war in Europe makes the attainment of capital to explore the concession that was granted
to him currently impossible, and that it is fair to allow time for that situation to cease
before the term within which the exploitation works are to begin starts elapsing.”
“The undersigned considers that that situation of war in the European continent effectively
constitutes a fortuitous case that should be taken into consideration to extend the
term stated in the contract’s clause transcribed above.”
Therefore, the thought that inspired that Resolution was that of waiting for the European
war to end, in order for the Contractor to be able to obtain in Europe the capital that was
indispensable to fund the enterprise.
And if that is so, as it seems evident, it is not possible to accept the contractor’s contention
that the term has not begun elapsing because the Government has not officially
declared the termination of the war, despite the fact that it ended since 1919.
This theory would lead to the outrageous absurdity that the Nation would be eternally
chained to a contract, with the obligations and responsibilities inherent to it, whereas the
Contractor is not under the obligation to ever comply with it, but being able to do so
when the complying with it is out of his own volition.
And it is said that such absurdity would be reached because, Colombia not having taken
part in the war, there would be no reason, nor could there be any at any time, for the
Colombian Government to make an official declaration as to the fact that the European
peace has been re-established.
In this regard, it is pertinent to recall again the following opinion of the Advisory
Commission of the Ministry of Foreign Affairs:
“Your Sub-commission has no knowledge that the Government of Colombia has officially
declared the reestablishment of peace in Europe, nor did it have any reason to make
such a declaration with regard to a war that the Republic took no part in. What can be
considered as evident, is that the formal state of war ceased with the peace Treaty signed
392
at Paris on 28 June 1919, between the allied powers and Germany.”
Thus, the only rational and fair scope that that Resolution could have, would be that the
two-year term fixed in the contract, would start elapsing on the date on which the
European war ended, which took place, as is known, on 28 June 1919.
Lastly, in setting the true meaning of the Resolution that is being discussed, it is pertinent
not to forget the rules that the Civil Code enshrines as to the interpretation of contracts
in its articles 1618 and 1620, that read, respectively:
“The intention of the parties being clearly known, more authority should be given to it
than to the literal sense of the words.”
“In a clause, the sense that can produce an effect should be favored over that in which it
is incapable of producing any effect.”
And since the clear intention of the Ministry of Finance in issuing that Resolution, and
the Contractor’s in requesting it, was that the term would begin elapsing upon the
reestablishment of European peace, as has been fully shown; and since the resolution is
only capable of producing effects if interpreted as the Ministry has done so, it is mandatory
to conclude that the Contractor’s claims in the to the effect that the term has not
begun to lapse are inadmissible and unfounded.
From what has been said up to this point, it is deduced that the Contractor has not complied
with clause 3 of the contract.
Now then: Clause 12 of the same contract stipulated the following:
“This contract may be declared administratively terminated, through the corresponding
Ministry, in any of the following events:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
“c) If the works are not initiated within the term included in clause 3.”
And since pursuant to Decree number 1704 of 1923 the matter that it concerns is
ascribed to this Ministry, it is resolved:
The contract concluded between the Government and Mr. Manuel Uscategui T., dated 19
March 1915, published in the Official Journal number 15458 of 6 April 1915 and issued
as a public deed under number 546 of 24 March of the same year, at the 2nd Notary
Public’s Office of Bogota, is declared terminated.
This Resolution shall be subjected to the approval of the Executive Branch.
393
Be it copied, published and notified.
Salvador FRANCO
__
Republic of Colombia - Executive Branch - Bogota, 20 December 1926.
Approved - MIGUEL ABADIA MENDEZ - The Minister of Industries,
Salvador FRANCO.
394
ANNEX 111
CABLE N° 81, FROM THE COLOMBIAN MINISTER IN WASHINGTON TO
THE FOREIGN MINISTER, IN REPLY TO THE LATTER’S CABLE N° 28 OF
31 AUGUST 1927, 8 SEPTEMBER 1927
(Archives of the Ministry of Foreign Affairs of Colombia)
Washington, 8th of September 1927
Number 81-
I refer to your [Nº] 28. Yesterday and today I have conferred at the Department of State.
Arbitration formula does not carry through since they insist considering scant value [of
the] cays makes direct settlement preferable. Formula [of] cession to Nicaragua and
transfer by the latter to the United States received coldly because they say Nicaragua has
not held rights over the cays. Furthermore it is obvious that it has considerations not to
accept it deriving from the current state of its general policy. Another formula that may
be successful would be to sign in Managua with the friendly cooperation of the United
States which they would accord by the intermediary of their Legation there, a Treaty
between Colombia and Nicaragua leaving the Corn Islands, Mosquitia to Nicaragua, San
Andrés and Providencia to Colombia and simultaneously to sign between Colombia and
the United States regarding the cays a statement or certificate that would read more or
less: “United States and Colombia, aiming to regulate the situation of the Cays of
Roncador, Quitasueño and Serranilla, over which each of the two Governments claims
rightful possession, they agree to keep the current statu-quo between them, that is to say,
the United States shall continue to manage the services that they have established there
for navigational purposes and Colombian nationals shall continue to enjoy the right of
fishing in those cays just as they have been doing until now.” If this new procedure were
to be accepted by Colombia I could do the task in that sense.
Olaya Herrera
Bogota, 13 September 1927
Lecolombia
395

ANNEX 112
NOTE N° 530 FROM THE COLOMBIAN MINISTER IN MANAGUA TO THE
COLOMBIAN MINISTER IN WASHINGTON, 20 NOVEMBER 1927
(Archives of the Ministry of Foreign Affairs of Colombia)
LEGATION OF COLOMBIA IN CENTRAL AMERICA
Number 530.
Managua 20 November 1927
Mr. Minister:
I received yesterday from Bogotá the following cable:
“Lecolombia.- Managua.-
Doctor Olaya Herrera wishes to know your impressions pending matters. Please transmit
them to him.- Foreign Affairs”
I am pleased to fulfill your expectation by informing you about the relevant developments
on the territorial matter pending with this Republic and my views on the current
status of the said question.
A little before the government of Don Diego Manuel Chamorro came to an end, due to
the passing away of this distinguished citizen, and acting upon the instructions I brought
from Bogotá, in my second diplomatic mission in Central America, I presented a proposal
for direct and friendly settlement, consisting in Colombia relinquishing, in favor of
Nicaragua, its rights of dominion over the Mosquito Coast and the Mangle islands, that
is, Great Corn Island and Little Corn Island, as well as Nicaragua relinquishing, in favor
of Colombia, its alleged rights over the islands of San Andrés, Providencia and Santa
Catalina and the other islands, islets and cays that constitute the Archipelago of San
Andrés.
This proposal failed to be considered by the government of Mr. Chamorro and was
renewed before the government of the Vice-President, Don Bartolomé Martínez and -
later on- before the government of President Don Carlos Solórzano. The latter official
found it acceptable and he conveyed as much to me in a very firm manner during a personal
interview. But his weakness of character, which made him subject to all kinds of
influences and innuendos, moved him to reject it in an official note, under the influence
of his Foreign Minister, Mr. Andrés Urtecho, who was of a negative opinion.
397
The political position of the current President of the Republic, Mr. Adolfo Díaz and his
influence on the executive branch made him consider the settlement proposal, which he
found acceptable, because it was fair and decorous, according to entirely reliable information
I gathered.
I appraised of this circumstance to the Colombian Government when I communicated
the news that Mr. Díaz had taken over the government of Nicaragua in October last. I
now have obtained full confirmation, because since my first meeting with him, when I
returned at the end of July last, he expressed his intention to settle the dispute in a friendly
manner, making me understand with clarity that such dispute had not and has not any
reason of being, because Colombia has always been in possession of the Archipelago.
This representation has been reiterated to me in subsequent occasions.
Similar declarations on the commitment to a friendly settlement have been conveyed to
me by the Minister of Foreign Affairs.
But since the first moment I was warned, confidentially, that given the dependant state
from the United States that Nicaragua finds itself in, they deemed it convenient to consult
with the Government of Washington the settlement proposal.
In order to appease public opinion the Government decided to appoint two lawyers, one
of them a liberal and the other a conservative, in order that they provide advise to the
Ministry in the study and settlement of the matter.
The readiness of President Diaz and the Minister of Foreign Affairs, doctor Cuadra
Pasos, with regard to the termination of the dispute in the manner I proposed, as known
before and confirmed now, allows one to believe that had it not been for the need to consult
with Washington, or if the United States Government had limited to express its consent
to the settlement in this form, this will be carried out in due course. But it is clear
that, taking into account that relationship of dependence, if the United States
Governments indicates a different formula this will be adopted by the Nicaraguan
Government.
On 9 August last I received a cable from Bogota transmitting me the summary of your
cables to the Ministry of 30 July, 1st and 4th of August last, where you forwarded the suggestion
from the United States concerning the division of the disputed territories, including
their taking the cays of Roncador, Quitasueño and Serranilla, over which the
Government of that Republic claims rights of dominion, and their commitment to recommend
to the Government of this Republic the conclusion of a treaty in which
Nicaragua recognizes Colombia’s ownership over the islands of San Andrés and
Providencia.
Subsequently, Bogota sent me copy of the telegraphic correspondence exchanged
between the Ministry and yourself, starting on 30 July and up to 16 September and of the
minutes of the sessions of the Foreign Affairs Advisory Commission and the Foreign
398
Affairs Commissions of the Senate and the Chamber of Representatives of 22, 26 and 29
August.
Upon imposing myself of the contents of these documents I sent the following telegram
to the Ministry:
“Managua, 30 October 1927.- Foreign Affairs.- Bogota.-
Imposed interesting information territorial question Nicaragua United States STOP
According to express representations President Diaz prior to consultation Washington
current Government has had undoubted willingness to settle dispute following transaction
proposed by me STOP It now will adopt formula indicated from there STOP Allow
myself express desire in settlement with US according to formula suggested by doctor
Olaya in cable 81 of 8 September STOPAs Nicaragua has been claiming dominion over
all of the Archipelago I consider treaty must include Nicaragua renouncing alleged rights
over San Andrés Providencia Santa Catalina and cays STOP If latter were omitted they
would maintain contested nature and it would be irregular for Colombia and US to conclude
agreement over them. LECOLOMBIA”.
I consider that the express renunciation by Nicaragua, in the treaty with Colombia, of its
claims of dominion over the cays of Roncador, Quitasueño and Serranilla [sic], is indispensable,
because in the note of the Foreign Ministry of Nicaragua to that of Colombia
of 20 March 1917, where it formalized its claim, it requested in clear terms the restitution
of the Archipelago of San Andrés and -as you are aware of- this Archipelago is
formed by the islands of San Andrés, Providencia, Santa Catalina, Great Corn Island and
Little Corn Island, and the cays of Alburquerque, Cowton [Courtown], Roncador,
Quitasueño, Serrana, Serranilla, Bajo Nuevo and Morrison. If in this treaty the cays that
the United States Government claims were to be excluded, as it is now demanding, they
would maintain their contested nature and it would be anomalous that in regard to them
Colombia and the United States would conclude any agreement.
With regard to that agreement, the solution that would be better for the moral interests
of the Republic would be arbitration and, failing this, due to the United States rejection,
the formula suggested by yourself to the Ministry in your telegram number 81 of 8
September last.
Were this formula rejected, I think that perhaps a transaction could be adopted, similar
to that used in the Colombian-Nicaraguan dispute.
The United States claims dominion of the cays of Roncador, Quitasueño and Serranilla
and Colombia asserts the same rights over them. As the Government of Colombia considers
convenient to pay heed to the United States claim, the agreement could consist in
Colombia renouncing in favor of the United States of its rights of dominion over two of
those cays (or even over only one) and the United States renouncing, in its turn, in favor
of Colombia, of the rights it claims over the other and, additionally, granting to the
399
inhabitants of the islands the right to fish in the territorial waters of those cays. In this
way the objection of lack of constitutionality found by the Foreign Affairs Commissions
with regard to the cession of the cays to the United States would be sorted out.
It would be highly satisfactory for me if this information and these appreciations would
be of any use for you in the intelligent and patriotic work that you are carrying out, in
order to finish in the most decorous manner for Colombia the nasty affair that has arisen
out of the curious claim of rights of property that the United States makes in our archipelago.
I avail myself of this opportunity to renew to you the assurances of my highest consideration
and personal esteem.
(signed)
Manuel Esguerra
400
Annex 113
ANNUALADDRESS BY THE PRESIDENT OF THE REPUBLIC OF
COLOMBIAAT THE START OF THE 1928 ORDINARY SESSIONS OF
CONGRESS
(Diario Oficial, N° 20.885, Bogotá, 4 September 1928, pp. 553, 560-561)
REPUBLIC OF COLOMBIA
OFFICIAL JOURNAL
Year LXIV - NUMBER 20885
Bogota, Tuesday 4 September 1928
(…)
As a result of the difficult and extended negotiations in which our country had been
involved for a long time with the aim of solving in a friendly manner the longstanding
territorial dispute with the Republic of Nicaragua, a Treaty between the two sovereign
entities was signed through which Colombia recognizes to that Republic sovereignty and
full control over the Mosquito Coast, in the portion comprised within cape Gracias a
Dios and the river San Juan, as well as over the Mangle islands (big and little) in the
Atlantic Ocean (Great Corn Island and Little Corn Island); and the Republic of
Nicaragua, for its part, recognizes the sovereignty and full control of Colombia over the
islands of San Andrés, Providencia, Santa Catalina and all the other islands, islets and
cays that form part of the archipelago of San Andrés. This Treaty was signed in Managua
on the 24 March of this year by the Colombian Plenipotentiary, doctor Manuel Esguerra,
and the Undersecretary of Foreign Affairs of that Republic, doctor José Bárcenas
Meneses, duly authorized to that end, and shall be submitted to you in the appropriate
occasion by the Minister of Foreign Affairs, for the constitutional effects.
This negotiation establishes incontestably the sovereignty of Colombia over the
Intendancy of San Andrés and Providencia, and ends a situation so anomalous and inconvenient
that, when a short time ago was requested the extradition of a Colombian
employee who had stolen in San Andrés funds belonging to the Public Treasury and
sought asylum in Nicaragua, the Supreme Court of that country denied it, alleging that
the offence had been committed in Nicaraguan territory.
The Treaty with Nicaragua does not comprise the Roncador, Quitasueño and Serrana
401
cays, being their possession in dispute between Colombia and the United States of
North-America; and since on the other hand Great Britain has always alleged that those
cays are located in open sea and have no owner, the Government of Colombia had to sign
an arrangement concluded by exchange of notes between our Legation in Washington
and the Department of State, the 4th April this year, and by virtue of which it was decided
to preserve the statu quo in the matter, and, in consequence, the Government of
Colombia shall abstain form objecting to the maintenance by the United States of the
services the latter has established or may establish in those cays to aid navigation, and
the Government of the United States shall abstain from objecting the use by the nationals
of Colombia of the waters appurtenant to the cays, for fishing purposes.
With these two arrangements, Colombia’s situation in the Archipelago of San Andrés is
thus defined, and its sovereignty and ownership of the islands [are] explicitly and perpetually
recognized.
402
Annex 114
1928 REPORT TO CONGRESS BY THE COLOMBIAN FOREIGN MINISTER
(Informe del Ministro de Relaciones Exteriores al Congreso, Bogotá, Imprenta
Nacional 1930, p. 54)
[T.N.: The texts of the Notes of 10 April 1928 from H.E. Enrique Olaya Herrera,
Colombian Minister at Washington, and H.E. Frank B. Kellogg, Secretary of State of the
United States of America, respectively, are transcribed.]
Since in the Treaty with Nicaragua, that is discussed in the relevant part of this report,
the cays were not [considered to be] included, the aforesaid agreement culminates the
definition of our situation in the Archipelago, since it ‘perpetually’ enshrines the right of
our nationals to continue to exploit the waters adjacent to them, the only advantage that
those reefs [sic] can provide, and avoids any other dispute with regard to property over
those cays.
403

Annex 115
TELEGRAM FROM THE INTENDENTE OF SAN ANDRÉS TO THE
MINISTERS OF GOVERNMENT AND INDUSTRIES OF COLOMBIA,
26 JULY 1929
(General Archives of Colombia)
I inform you [that] on [the] 26[th of the] current [month] the commission of agronomists
Mocco, Toro left for the Roncador, Quitasueño, Serrana Cays [to] study guano deposits
STOP Undersigned decided [to] send along engineer Dastan, photographer Philips and
intern Robert Hecker [at the ] Intendancy’s expense [with the] purpose [of] drawing
charts [and] bring back [from] visits[,] all of which I deem important even internationally
given situation [with the] Nicaragua treaty STOP Commission sent [by] Ministry
[of] Industries has been furnished full support here. - Your servant.
Jorge Tadeo Lozano
Intendente
405

Annex 116
MEMORANDUM FROM THE COLOMBIAN FOREIGN MINISTRY TO THE
COLOMBIAN MINISTER IN MANAGUA, IN REPLY TO THE LATTER’S
CABLE OF 8 FEBRUARY 1930, 11 FEBRUARY 1930
(Archives of the Ministry of Foreign Affairs of Colombia)
REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS
LONGITUDES’ OFFICE
MEMORANDUM.
Replying to the cable of the Minister of Colombia in Central America dated 8 February
1930.
- - - - - - - - - -
To prevent possible mistake eighty-second meridian, it must be quoted and letter
enclosed where it is mentioned, adding that in any case the description made by said letter
regarding situation islands, cays, rocks, etc. must be respected.
Bogota, 11 February 1930.
Managua, 8 February 1930
Translation: I don’t know complete report Senate’s Commission because it has not yet
been submitted. It ends by requesting the approval of the Treaty with the clarification
that the western limit of the archipelago shall be the 82 Greenwich meridian. According
to sketch given to me by Longitudes’ Office Bogotá all the islands and cays forming the
Archipelago are located to the east of that meridian, that is, within the extension over
which Nicaragua recognizes Colombia’s sovereignty, except for Morrison Cay located
very close to the Mosquito coast and Cape Gracias a Dios over the same meridian as the
Corn Islands. Treaty, with this explanation that I judge insignificant, is absolutely
assured in the course of two weeks.
Lecolombia.
407

Annex 117
LAW 47 OF 11 APRIL 1931
(Diario Oficial N° 21.664, Bogotá, 15 April 1931)
Law 47 of 1931
(April 11)
“By means of which an authorization is granted to the Executive Branch concerning
the Archipelago of San Andrés and Providencia and other measures are taken”
The Congress of Colombia
DECREES:
Article 1. The Executive Branch is authorized to proceed, at the earliest possible time, to
send to the Archipelago of San Andrés and Providencia a Scientific Commission, in
order for it to prepare separate geographical and geological charts of the islands and cays
that form that Archipelago and belong to Colombia; and to study its population, its ways
of communication and its administrative needs and assets; as well as its current resources
and its economic prospects.
Article 2. The above mentioned Commission will be composed by those officials from
the Office of Longitudes, dependant from the Ministry of Foreign Affairs, and from the
Geological Commission, dependant from the Ministry of Industries that may be required
in order to carry out the survey referred to in the previous Article.
Article 3. In order to integrate the above mentioned Scientific Commission, the
Executive Branch will be able to make use of the power conferred upon it by Article 4
of Law 133 of 1928. The Government is further authorized to contract all the additional
credits which may be required in order to execute the present Law.
(…)
Article 8. This Law will enter into force on the date it is signed by the President.
Given in Bogotá on the 7th of April 1931.
409
The President of the Senate,
JOSE JOQUIN HERNANDEZ
The President of the Chamber of Deputies,
HERNANDO GUERRERO
The Secretary of the Senate,
Antonio Orduz Espinosa
The Secretary of the Chamber of Deputies,
Fernando Restrepo Briceño
Executive Branch - Bogotá, 11 April 1931
To be published and executed.
ENRIQUE OLAYA HERRERA
The Minister of Government, Carlos E. RESTREPO
The Minister of Foreign Affairs, Raimundo RIVAS
The Minister of Finances and Public Credit, Francisco de P. PEREZ
The Minister of Industries, Francisco Jose CHAUX
The Minister of National Education, Abel CARBONELL
410
Annex 118
REPORT OF THE COLOMBIAN SENATE’S SPECIAL COMMISSION THAT
STUDIED THE MEMORIAL OF MR. ERNESTO RESTREPO GAVIRIA, IN
RELATION TO THE CAYS OF RONCADOR AND QUITASUEÑO,
16 NOVEMBER 1934
(General Archives of Colombia)
SENATE OF THE REPUBLIC OF COLOMBIA
REPORT BY THE SPECIAL COMMISSION THAT STUDIED THE MEMORIAL
OF Mr. ERNESTO RESTREPO GAVIRIA, IN RELATION TO THE CAYS OF RONCADOR
AND QUITASUEÑO
Honorable Senators:
On 6 October of the current year Mr. Ernesto Restrepo Gaviria, Colombian citizen resident
in Manizales, addressed the Legislative Chambers with a well-thought memorandum
requesting action that induces the Executive branch to claim from the United States
the restoration of the cays of Roncador and Quitasueño to our country’s sovereignty.
Mr. Gaviria included in his Memorandum a very detailed summary of the historical and
legal elements on which our rights over the above mentioned cays rest, as well as the
developments on this question up to the year 1891. From then onwards other events and
interventions of no less importance have taken place, as it will be seen in the present
Report.
We summarize in the following way the critical facts of this matter:
I
Geographically, the cays of Roncador and Quitasueño and la Serrana can and must be
considered as an integral part of the Archipelago of San Andrés and Providencia. The latter
lands are those which are closer to the islets in question and the natives of our archipelago
are those who, since immemorial times, have exercised acts of dominion and possession
over them, consisting mainly of turtle and tortoise fishing.
411
II
The royal Cédulas (provisions) that established, first the Reino de Tierra Firme and then
the province of Veraguas (1537); the Cédula that incorporated the province of Veraguas
to the Reino de Tierra Firme (1680) and the Cédula that set up the Viceroyalty of New
Granada (1739); all assigned the Archipelago of San Andrés and Providencia as belonging
to these dominions, according to the limits laid down in those documents and, naturally,
the islets, islands and cays that form part of the said archipelago.
III
As a consequence of this allotment, the Viceroys of the New Granada exercised acts of
power and administration over the said Archipelago, as it is attested in their reports and
by the expeditions sent to San Andrés and Providencia by the successive Governors of
Cartagena, who were the officials entrusted with the effective administration of these
islands.
IV
The continuity of this dominion by the Viceroyalty of New Granada was only interrupted
in years 1792 to 1803, a time when the administration of the Archipelago was entrusted
to the General Captaincy of Guatemala. However, by Royal Decrees of 1803 and
1805, issued by the King Carlos IV, the archipelago was made once again part of the
Viceroyalty of New Granada.
V
Once the independence from the Viceroyalty was completed and the Republic was instituted,
the Archipelago of San Andrés and Providencia, along with all the islands and cays
that form part of it, became part of our territory, under the same title than any other of
our provinces (departamentos, intendencias or comisarias).
VI
Since 1869 there have been three incidents of limited importance in themselves that have
made necessary for us to stress the fact of Colombia’s sovereignty over the islets of
Roncador, Quitasueño and La Serrana.
VII
The first of these was the discovery in 1869 of deposits of guano in the cays of Roncador
and Quitasueño by a Mr. J. W. Jennet, an American citizen, a fact that was reported by
the said person to his government. The United States Government, basing itself on a
1856 Act of Congress that authorized it to consider as belonging to that nation any cay
or island in which any of its nationals discovered deposits of guano, in so far as the said
412
island or cay was not under the jurisdiction of any other government, and ignoring -very
likely, in good faith- our ancient jurisdiction over Roncador and Quitasueño, granted Mr.
Jennet authorization to exploit the said deposits of guano. In addition, in October 1871
an agency of the Department of the Treasury included Roncador and Quitasueño in the
official list of guano islands belonging to the United States.
In passing, we would note that the American citizen J.W. Jennet never exploited the
guano in our cays or, at least, there is no evidence that he did.
VIII
A period of no less than 20 years appears to have passed without any protest or claim by
our governments against the inclusion of those insular possessions in the official list of
islands belonging to the American Union. It is likely that no report or news concerning
this arbitrary and baseless declaration by the United States ever reached our Ministry of
Foreign Affairs.
IX
In the year 1891, on 19 January, our plenipotentiary in Washington, Mr. Julio Rengifo
M., addressed the Secretary of State, Mr. James G. Blaine, a well reasoned communication
where he wondered how could it be that Mr. J. W. Jennet had been extracting guano
from the cays of Roncador and Quitasueño under a written permission issued by the
Government of the United States, as if those cays were under its sovereignty and not
under that of the Republic of Colombia, to which they belonged since immemorial times.
The Secretary of State, Mr. Blaine, replied to our Minister Mr. Rengifo in a note of the
same day, expressing him that indeed Mr. Jennet had been licensed by its Government
to exploit the deposits of guano of the cays of Roncador and Quitasueño. In the same
note he informed Mr. Rengifo about the notification of the guano deposits produced by
Mr. Jennet in 1869; about the United States legislation incorporating to its dominion the
above mentioned cays; about the inclusion of the same territories in the official list of
American possessions, issued by the Department of the Treasury in 1871; and, finally,
about the fact that over that period -from 1871 to 1891, i.e. twenty years- there had been
no protestation at all with regard to sovereignty of the cays. The Secretary of State Mr.
Blaine added also, with the aim of countering Colombia’s claim, unreasonable arguments
such as the lack of territorial continuity between the cays and the rest of our country
and the lack of knowledge on the part of the United States of any previous act of
occupation or possession on our part.
X
The Report by the Ministers of Foreign Affairs to the Legislative Chambers corresponding
to the year 1932 states about this matter as follows: “the government of the republic
made, as it was only to be expected, the required reservations and protestations in several
occasions; but notwithstanding that the Government of the United States appeared
to acknowledge Colombia’s dominion over the cays in two solemn occasions, in 1919
413
President Wilson issued two proclamations (5 February and 5 July), declaring the cays
of Quitasueño and La Serrana, in the first, and that of Roncador, in the second, to be
under the ownership of the United States.
XI
These events were connected to the second incident of those mentioned above. That was
the shipwreck of a Swedish vessel in the vicinity of the cays of Quitasueño and La
Serrana, occurring at the beginning of 1919. Because of this, several protests by different
governments were raised concerning the need to install a lighthouse on any of those
locations in order to avoid endangering navigation. It has to be presumed that our government
did not know or did not pay enough attention to these demands and this provided
a pretext for the drastic -and in every aspect unjustified- measures taken by President
Wilson in February and July 1919, to which one must add the installation of one or more
lighthouses in those islets aimed at avoiding the danger they posed to navigation in those
latitudes.
We will not fail to record, even in passim, how strange was this attitude coming from
that great Man of State, whose high conceptions in favor of world peace and the rights
of the weak constitute a legacy of the purest international morals. To Colombia befell the
fate of enduring in its own flesh and body the consequences of error or weakness present,
as a necessary compensation, in the noblest of spirits, such as that of President
Wilson. Perhaps Mr. Wilson’s continuators will be able to pride themselves of repairing
this injustice, which could tarnish the memory of one of the greatest men that the country
of Washington, Franklin and Lincoln has produced.
XII
The third incident in this process was the imprisonment, by order of our authorities in
the Archipelago, of some British fishermen who had devoted their industry to fish in the
vicinity of those cays without any permission. This happened in the years subsequent to
1919 and gave rise to a diplomatic dispute between the Ministry of Foreign Affairs and
Great Britain, during which the latter advanced the strange thesis that Roncador,
Quitasueño and La Serrana were not islets or even cays, but simple reefs and, as such,
could not belong to the territorial domain of any nation.
In order to appreciate for what is worth this position by Great Britain it will be enough
to recall that some islets or cays where tortoises and other precious species are caught
regularly and where large deposits of guano exist cannot be considered as simple breakers
with no intrinsic value whatsoever. Besides, it is not impossible that a reef can
acquire a certain value in given circumstances, whether as a station for the supplying of
oil for navigation or as a place of high military importance. Geologically the rock of
Gibraltar or that of Helgoland would not be worthy more than those Colombian cays;
nevertheless, neither England nor Germany will never consider excessive the efforts and
sacrifices they have had to made in order to retain them under their respective power.
414
XIII
Later on, as can be read in the report of our Foreign Ministry of 1932, already quoted,
our representative to Washington proposed to the United States Government to submit
this matter to arbitration. The Department of State replied that the scarce commercial
value of those cays was not worthy that mechanism.
XIV
In the year 1928, on 10 April, an exchange of notes took place between our Legation in
Washington, then headed by Dr. Enrique Olaya Herrera and the Secretary of State, Mr.
Kellogg. In these communications our Legation proposed and the Department of State
accepted the following basis for a statu quo concerning the situation of the cays of
Serrana, Quitasueño and Roncador: 1o.- On the part of Colombia there will be no objection
to the continuing operation of the services that the United States have installed or
will install in the above mentioned cays in order to provide aid to navigation.- 2o.- On
the part of the United States there will be no objection to Colombian nationals using the
waters of those cays for fishing purposes.
The exploitation of guano deposits is not mentioned in those notes and with regard to the
question of sovereignty the only mention is in the reasoning section, where it is said that
“both governments have claimed rights of sovereignty over said cays”. The statu quo
established by virtue of these notes is governing at the time of writing.
XV
Subsequently, in 1932, our Legation to Washington, headed then by a fellow Senator,
attempted to activate this question in order to promote a solution more comprehensive
and more in agreement with justice and tradition, for the statu quo consecrated in the
exchange of notes of 1928 left undefined the crucial point of the sovereignty over the
cays of Serrana, Roncador and Quitasueño. The matter could have advanced in a satisfactory
manner, because the climate to bring it to fruition was propitious, as it could be
explained in detail, if the Honorable Senate whishes so, by the undersigned Senator
Lozano. But at that moment the conflict with Peru started and for reasons that are easily
ascertained all other matters were postponed, particularly those that by their special
nature were liable to create friction and differences with friendly nations.
XVI
From this exhaustive narrative and the comments there included, the Honorable Senators
may have taken notice that two major circumstances are of note during this process,
namely:
First our clear and ancient rights of sovereignty over Roncador, Quitasueño and La
Serrana, which are an integral part of the Archipelago of San Andrés and Providencia
415
and, as such, unquestionably form part of our territory.
Second That it is necessary, legitimate and urgent that we obtain universal recognition of
that sovereignty, which has been put into question in a transitory manner due to small
incidents with scarce worth in the international plane that cannot create any right or title
for a nation other than Colombia.
The current moment appears to be particularly proper to reach a clear and just definition
of this question, due to the circumstance, rightly underlined by the author of the memorandum,
M. Restrepo Gaviria, that President Franklin Roosevelt has shown a high and
courageous spirit of equity in his dealings with international questions where the reputation
of his great country could be at stake and has demonstrated so with measures and
positions that will enhance his name before History.- Colombia, as a party to a dispute -
if we could call it so- with titles as clear as those on the cays, could not be an exception
to these norms practiced by Mr. Roosevelt. So that the present time could very well be a
big opportunity for our country to reach an equitable and satisfactory settlement of its
claim.
XVII
To conclude, we propose: to transmit the memorandum by Mr. Ernesto Restrepo Gaviria
and the present report to the Ministry of Foreign Affairs in order that it deals with the
matter to which they refer, if it considers it proper.
The Senate trusts that a full vindication of Colombian sovereignty over the cays of
Roncador, Quitasueño and La Serrana is achieved soon.
To be copied, along with the closing proposition, for Mr. Ernesto Restrepo Gaviria, who
will be commended by the Senate for his patriotic memorandum.
Honorable Senators.-
FABIO LOZANO T. --- MIGUEL JIMENEZ LOPEZ
-----
SENATE OF THE REPUBLC - Secretariat - Bogotá, 14 November 1934
During the session taking place on the above date the preceding report was read and the
Senate approved the following proposition.
“Let the consideration of this report be suspended until its authors are present and produce
a certified copy of the note and the report referred to by H.S. Vasquez Cobo.
ORDUZ ESPINOSA
416
SENATE OF THE REPUBLIC - Secretariat.- Bogotá, 16 November 1934.
During the session taking place today the closing proposition of this report was
approved, changing only the words “vindication of Colombian sovereignty” for “settlement
of the problem”.
To be copied, notified and published.
ENRIQUE VELEZ
417

Annex 119
EXECUTIVE RESOLUTION N° 90, 1 JUNE 1937
(Diario Oficial N° 23.547, Bogotá, 5 August 1937)
MINISTRY OF FOREIGN AFFAIRS
EXECUTIVE RESOLUTION No. 90 OF 1937
(1 June)
By virtue of which certain foreign consuls are recognized
The President of the Republic of Colombia
by virtue of his legal powers
RESOLVES :
Single Article- Having seen the corresponding Consular Letters Patent, Mr. Felix
Tripeloury is hereby recognized as German Consul at Barranquilla, with jurisdiction in
the Departamentos of Atlántico, Magdalena and Bolívar; Comisaria of La Guajira;
islands of San Andrés, Providencia and Roncador; the part of the Departamento of
Antioquia comprised between the Cordillera Occidental and the Rivers Atrato and
Arquía, and the part of the Intendencia of Chocó comprised between the Gulf of Urabá,
up to Latitude 5° North; and Mr. John J. O’Keefe is recognized as Viceconsul of the
United States of America un Buenaventura.
To be notified.
Given in Bogotá, on the 1st. June 1937
ALFONSO LOPEZ
The Minister for Foreign Affairs,
JORGE SOTO DEL CORRAL
419

Annex 120
REPORT BY AN OFFICIAL OF THE COLOMBIAN MINISTRY OF FOREIGN
AFFAIRS REGARDING THE CAYS OF RONCADOR, QUITASUEÑO AND
SERRANA IN THE ARCHIPELAGO OF SAN ANDRÉS, 31 AUGUST 1937
(Archives of the Ministry of Foreign Affairs of Colombia, August 1937, pp. 88-122)
Bogota, 31 August 1937
Mr.
Minister of Foreign Affairs
At your Office
I am honored to render to H.E. the report on the expedition to the Cays of Roncador,
Quitasueño and Serrana and to the island of Jamaica that your Office ordered to me by
Decree No. 988 dated 17 May of the current year.
EXPEDITION.- In the Commission that visited the cays, I had the pleasure of being
accompanied by Mr. Lt. Colonel Ananias Tellez, designated by the Joint Chiefs of Staff,
and by Lt. Com. Francisco Robinson, designated by the Cartagena Naval Base.
The maritime trip was made in the “Gunship” JUNIN, of the Colombian War Navy, a
small coastguard of a little over a hundred tons, commandeered by Lt. John Suarez and
with a crew of 26 men between machinists, steersmen, sailors and servicemen.
...
ITINERARY.- We left this city by air on 4 June and boarded the Junín in the morning of
the 6th. It sailed from the Naval Base of Cartagena at noon. After 48 hours of a hard journey
we arrived at the Island of San Andrés, where we were well cared for by the
Intendente. I gathered as much information as I was able to obtain regarding the cays and
their scant trade by the islanders, and we tried to rent a schooner to make the exploration
of the aforementioned cays more comfortable, as per your Office’s instructions, but none
was available, so I decided to carry it out in the Junín itself up to where it could be
anchored and afterwards on the motorboat that the ship carried. From San Andrés, we
went to the Island of Providencia, making that trip in 7 hours during the night of the 10th
to the 11th. At Providencia I was barely able to obtain the information regarding the tortoiseshell
taken to that island from the cays, and we had to stay there for four days due
to certain problems with the crew of the Junín, despite the urgency to continue the journey
conveyed by the undersigned, since I was aware that there was a schooner from
Jamaica at Serrana.
421
I shall inform of three issues regarding the Intendancy of San Andrés and Providencia
later on, since they refer to matters of interest to the Ministry of Foreign Affairs.
We left Providencia at 6 a.m. on the 15th on a 12° NE course and arrived at Quitasueño
at 4 p.m. having travelled the distance of 72 miles in 10 hours. The ship was anchored a
mile and a half away from the lighthouse located on the north of the bank and along with
Lt. Robinson we went on the motorboat to observe the reefs that form that bank and then
to the lighthouse...
As I had already noticed what the banks of Quitasueño were, we left this point on the
following morning heading on a 70° SE course, and we travelled the 45 miles to the
southern edge of the bank of Serrana in six hours, arriving at noon on the 16th. The ship
being anchored at a regular distance, we saw that the schooner “G. Taylor” property of
Messrs. Whiteside and Ritch, of which a photograph is enclosed, had also cast anchor
close to the same cay. We immediately called the schooner’s Captain, Mr. Teofilo Ritch,
one of the parties in the company that exploits our cays, onboard the Junín.
I there interrogated Mr. Ritch in the manner I now transcribe as accurately as possible:
Q.- Do you know that these cays are Colombian?
A.- I did not know that.
Q.- Did you also not know that a destroyer of the Colombian Government was here last
year?
A.- I was here when that ship came.
Q.- Then you were aware that the cays belong to Colombia, because Lt. Fallon so
informed you.
A.- Yes sir, I know the cays belong to Colombia and I have always recognized so, but
the Lieutenant did not tell me that I could not fish, or remove the eggs and the guano.
Q.- (I explained what the Olaya Herrera-Kellogg status quo was about, and how
Colombian law considers as smugglers those who remove products from its territory
without permission and I presented the penalties he would face.)
A.- To this, Mr. Ritch replied that he has been in this business for 20 years and that since
1932, he has been in a fifty-fifty partnership with the Mr. Whiteside, an American
citizen. That they had requested permission from their respective Governments
(Jamaica and the United States) to exploit the cays and that both had told the that
they must respect whatever the Government of Colombia said and abide by its laws;
that if there were Colombians there, they were not to obstruct their business, but that,
if there weren’t any, they could exploit their products without prejudicing any
Colombian citizen and that their Governments offered protection in case they should
be apprehended. He added, now on a friendly and confidential note, that he was
familiar with the correspondence exchanged between Mr. Whiteside and his
Government and that, from it all, it was evidenced that the United States recognized
Colombian ownership over the cays.
Q.- But we have reports that you have harassed Colombians who come to these cays.
A.- That is not true, because I have never laid an obstacle to the Colombian fishermen,
422
although all of those who come require my permission.
Q.- I officially notify you that you may not exploit these cays without permission from
the Government of Colombia, who would have no problem in granting it to you, as
long as you abide by its laws and regulations.
A.- I am very pleased to comply with the laws of Colombia, but since there is no
Colombian authority on these cays, there is no one to authenticate my papers, etc. I
shall arrive at Kingston in about ten days and shall then address the Consulate of
Colombia to request the corresponding permit.
Q.- The Consulate shall receive your request and consult it with the Colombian
Government.
Immediately following this conversation, Colonel Tellez, Lt. Robinson and the undersigned,
accompanied by Mr. Ritch, took the motorboat and went to the South-west Cay
which is the only one of considerable size as we shall see later on, we visited it at length,
we walked it on every direction, I took several photographs and asked several questions
and information from Mr. Ritch. We were able to appreciate the general shape of the
bank and that of the other cays, which coincided with the information gathered in San
Andrés. The inspection of the bank was completed in light of the departure for Roncador
having been set for the following day.
The schooner left for Roncador at 9 p.m. and the Junín weighed anchor on the following
morning and on a 22° SE course we reached Roncador at 12 noon on the 17th.
We likewise visited the small Roncador Cay where we stayed all day and on the following
day when we repeated the visit, I took several photograph and requested new information
from Mr. Ritch.
At dawn on the 19th we left Roncador and arrived at Kingston bay at midnight on the
20th. The ship anchored there and entered the port on the next morning, facilitated by the
authorities in all respects. The Colombian Consul, Mr. Aquiles Arrieta, appeared on the
ship in person and from then on, provided us help and collaboration, with utmost interest,
both regarding the mission that I was entrusted with, as well as with the various
efforts that it was necessary to carry out with regard to the Junín’s anomalous situation
and the attitude of the crew that I reported on separately. Also, for obtaining fuel, water,
parts and food on credit to be paid later by the Cartagena Naval Base, since the funds
they were carrying were gone.
Having finished the dealings in Jamaica, we returned to Cartagena aboard the Junín and
from that city to this capital, by air.
(...)
THE CAYS
I now go on to describe the three cays the visit of which was ordered to me by your
423
Office. This description and the sketch maps enclosed herewith, are based on the following:
Their general lines are taken from those for large shoals by the Admiralty Charts and
the data provided by the “West Indies Pilot”, corrected with the reports furnished to me
by certain islanders who are very familiar with them and later verified in person by the
undersigned in situ. What I say about the cays proper (the portions of firm land above
the surface of the sea) is the result of my personal observation alone.
Situation.- The air trip did not allow me to carry engineering devices with which I could
have been able to determine a more accurate position of the cays, although this is not
necessary for the purpose intended by the Government. However, since we were carrying
out a loxodromic (in a straight line) navigation, I was careful to calculate the courses
given by the Admiralty Charts and make notes of the distances by means of the log
line, which gave me a very close verification of the position of such cays.
QUITASUEÑO.-
(...)
Its coordinates in the northernmost end are: Latitude 14° 29' north and Longitude 81° 08'
W of Gr.
(...)
On this base stands the American lighthouse, made up of a pyramidal red tower with a
structure of iron staffs, the frame of which is formed by Saint Andrews’ crosses [xshaped
beams] and tie beams with tensors joining them to make up the structure holding
the lantern (see photograph). The light, some 45 feet (13.7 m.) high, is fuelled by gas, of
which there is a reservoir on the base and it sheds an intermittent light in flashes.
On the lower part of the lighthouse there is a metal plate with the following inscription:
“U.S. LIGHTHOUSE SERVICE
All persons are warned not to [sic] this structure or interfere with it in any way. Violators
assume all risk and will be prosecuted. By order of the Commissioner of Lighthouses”
This lighthouse and those on the cays of Serrana and Roncador are refueled by the
United States Navy every six months, using 500 ton tugboats.
(...)
SERRANA.- The contours of the bank of Serrana, quite dangerous, are irregular and steep in
all places, but the western one is not a s dangerous since sounding shall not exceed 10 to 15
fathoms. The bank is approximately 20 miles long on a northeast to southeast direction, by
nearly 8 miles wide at the centre. Its southwest end is almost pointed-shaped.
All around, except on the western and south-western sides, there is a solid barrier reef
424
with three breakers on the edge of the bank. There is a series of teeth-shaped steep breakers
near the 100 fathom line, about 5 miles long across the eastern front, over which the
sea breaks with such force that these breakers are visible before the cays themselves
from 3 or 4 miles away to the east. The most serious danger of this Serrana bank is the
steepness of its outer edge since after not finding bottom a ship may run aground at a
very short distance.
On the western and south-western sides, over the edge of the bank, there are numerous
coralliferous spikes with just few feet of water over them. The central bank is filled with
pronounced and steep shallows that are 5 to 10 fathoms deep and where only small vessels
may anchor.
The North Cay (Latitude 14° 28' N and Longitude 80° 17' Wof Gr.) located at the northwestern
end of the reef, is about 270 meters long by about 135 meters wide. It is formed
by broken corals, sand, shells and driftwood piled atop the reef by the waves’ violent
action and the tide, to a height of 4 to 5 feet. Some 400 meters off the western side of the
cay, there are depths of 12 fathoms but no safe place for anchorage is found due to the
heavy tide running around the cay.
From that cay, the reef spreads out 3 miles to the southwest and it surfaces only with the
north winds or the strong breezes from the trade winds.
The rocks of the northwest, located about half a mile within the western edge of the
bank, and nearly halfway between the north and southwest cays, are two patches of rock
and sand, separated by a vacuum of a mile and nearly 2 feet high, over which the sea
breaks in stormy weather.
The bank between the southwest cay and the north cay is unfit for navigation by any sort
of ship, except for the small boats destined to fishing.
South Cay and channel. Nearly halfway on the south side of the Serrana bank, there is
an opening in the reef, that has an area of about one kilometer on an east to west line,
whereas the other side, the one facing the opening, has nearly 1300 meters to the north.
A narrow cay, the westernmost one, is a narrow band of broken coral about one kilometer
long.
South Cay and Small Cay are smaller and are formed by sand covered with pastures,
none of them over 3 feet high...
In the channel of South Cay, the depths are from 7 to 5 fathoms near the narrow cay and
up to 300 meters away from the South Cay; and with 4 to 5 fathoms one can navigate to
the east within the reef, avoiding the dark and shallow patches of coral. In that channel,
to the northwest, between the Small and Narrow Cays, the depths are only 2 and-a-half
to 3 fathoms.
425
Eastern Cay and channel.- On the western side of the aforementioned channel is the
Eastern cay, made up of coralliferous blocks and sand, of an approximate height of 3 feet
and steep. About half a mile to the north-northeast of this cay, there is a rock formation
above water, and about a kilometer and-a-half away from it is a dry sand bank.
The channel of the Eastern cay has an entrance about half a mile wide, with depths of 7
to 120 fathoms where only small ships may enter, avoiding the coralliferous heads that
are steep.
There is no perceptible current from the western side of the bank, but there are strong
inward and outward moving currents across the channels in the reefs.
From the South Cay a solid reef extends to the east for 3 miles, until it breaks again and
with the southwest end of the eastern reef forms the channel of this Eastern Cay.
Southwest Cay This is the largest of all the cays in the large Serrana bank... It is located
close to the south-western end of the bank. It is about 1 kilometer long from east to west
and has some 280 meters of maximum width. At the centre, there is a small hill, 32 feet
high at its vortex, but since 1932 to this date, according to reports from Mr. Ritch, the
cay has grown some 100 meters in length and has narrowed a lot.
A coralline reef lies only a small distance away from the westernmost end of the cay, but
from the eastern end, a barrier reef extends to the northeast for 9 miles, which is dry on
some places, steep and, being protected against the wind by reefs to a certain extent, it
is not always visible. On the edge of this reef, some 6 miles off the cay to the northeast,
there is another rock reef half-a-mile long and 2 feet high, and half-a-mile farther in the
same direction, there is a dry sandbank.
The cay in question is made up of sand covered with grass patches. On the southwest
end, large masses of broken coral, rich in crustaceous remains and mollusks shells, calcareous
algae, white coral, etc. that have washed up on the beach up to 3 or 4 feet high.
On this cay is the Serrana lighthouse, at a height of 72 feet on a pyramidal tower of a
structure similar to that described for Quitasueño, initially erected on the end of the western
summit of the same cay, that has gradually expanded as explained above, in such a
way that it is now more than 100 meters away from that end.
On the base of the lighthouse there is a plaque with an inscription identical to that on
Quitasueño transcribed above.
The cay is completely surrounded by calm waters with no cover and in stormy weather
the only feasible quay is on the northern side through a channel near the western end;
and provisional anchorage over 7 to 9 fathoms of white sand is located half-a-mile to the
northwest of the cay.
(...)
426
Semi-potable water can be obtained on the cay, by draining wells at a short distance
from the beach as in fact there is a small well used by the guards that live there.
...
Serrana Cay is the cay that produces the most guano and marine birds eggs. Several hundreds
of booby birds (Mr. Ritch estimates them to be a million) land on it . These are
marine birds the size of a pigeon, palm footed, of long, robust and pointy beaks, and
shuttered noses. The booby bird belongs to the same family as the pelicans, lives on clifffilled
coasts and rocky islands; during the breeding season they form immense colonies
such as that of Serrana. They are ichthyophagous, that is, they only feed on fish and
squids.
During the day, the males fly around the cays, some times going several miles away, on
search of small fish and at sunset, they return and bring nourishment to the females that
are nesting.
They are extremely docile and are not scared away by the presence of man. As we circled
the cay, covered with booby offspring and others, some covered and some under the
females’ wings, the females would rise with a strident ruckus, flying over our heads,
forming a solid winged cloud, only to stand on the exact spot they were, as soon as we
had passed.
Close to nearly a million booby birds, there are some 15,000 “nardings”, bigger birds of
a different ornithological species.
All of these are the birds that deposit the eggs and the guano that make up the sole trade
of the cays.
Each female lays three eggs every month if they are left for incubation, but if removed,
they lay more often. These eggs are somewhat smaller than hen eggs, of a light green
colored shell and, though a bit oily, they are tasteful. We ate several of them raw, boiled
and in punch.
Serrana produces somewhere between 500 and 600 thousand eggs a year, of which about
half are left for incubation and, consequently, preservation of the species. Others serve
for the guards’ nourishment, and the rest are exported to Jamaica, packed in small cartons
made to that effect, and those in turn, in wooden boxes. Last year, during the first
five months, they took 130 thousand eggs, of which a large percentage is damaged upon
arrival at Kingston, and the rest is sold at 32 shillings (USD $8.oo) per thousand.
Disembarking amounted to £ 50 and customs duty for eggs is 20% ad valorem.
(Evidence of the accuracy of the data furnished to me by Mr. Ritch is the fact that I was
informed by him that he had taken 130 thousand eggs to Jamaica in 1936, and the same
amount was reported to the undersigned and the Colombian Consul, by Mr. Arthur
Jacobs, a high official of Kingston’s Customs.)
427
Guano is a highly appreciated fertilizer for agriculture and, although the National
Agronomy Official says that in Roncador and Quitasueño (there is none there) “there are
abundant residues of marine birds excrements that form a famous guano, very rich in
nitrogen”, I must differ from that appreciation, because that official must have been led
by what is known of the guano in Peru, which is indeed rich in nitrogen, but this particularity
of the Peruvian product, which makes it superior to that of anywhere else in the
world, is due to the fact that it never rains in that country’s coastline, since it is known
that rainwater deprives guano of its nitrogen.
This is the reason why the guano from Peru does not need any care, whereas that of the
Colombian cays needs to be collected, piled up and covered to protect it from the water.
Some times, the tide is very high flooding a good portion of the guano deposited on the
edges of the cay, whereupon it is rendered useless.
The guano produced in Serrana amounts to 3 tons a month, which are sold in Jamaica,
where it is duty-free, at £ 3 per ton.
As for tortoiseshell turtles, they are very scarce on this cay, and only seldom is one
caught. The tortoiseshell on these chelonians only amounts to a dorsal layer of the shell,
which has to be removed immediately in hot water, since it quickly goes bad shortly after
the animal is dead. A large turtle produces 4 kilograms of tortoiseshell, which sells at
USD $2.50 per kilogram.
Generally, turtle fishermen usually take this product to the island of Providencia, where
the meat is sold and the tortoiseshell is transported to Jamaica. At the Customs house on
that island, I obtained the following information regarding the turtles sacrificed there
lately, to wit: in 1936, 126 heads and in the course of the current year, 87. I do not know
the customs duties charged for tortoiseshell, but presumably it is also ad valorem.
(...)
Close to this cay is the Eclipse Rock, which is an isolated coralliferous patch, under 2
and-a-half fathoms of water, 7 to 9 fathoms deep, very close to the edges. It lies some
750 meters to the west-southwest of the westernmost end of the cay under discussion.
The rock is of deep greenish color and not visible except from very close.
RONCADOR.- This is a pear-shaped coralliferous bank, 7 miles long from northwest to
southeast, and 3 and-a-half miles wide at its centre, ending almost in a tip at its northwest
end.
A barrier reef extends for nearly 3 and-a-half miles from the northern end, where certain
dry rocks emerge from the water, and from then one it slightly curves to the south, until
it reaches the southeast end of the bank, without showing any openings. Half a mile away
from the cay, exactly within the edge of the reef, there is a small sandbank, and almost
a mile away, to the southeast, there is another. There are two more of these sandbanks,
428
one, half-a-mile away and the other, three-quarters of a mile away from the south-east
end of the bank.
The northeast side of the reef is flanked by a bank nearly half a mile wide, with varying
depths between 5 and 20 fathoms, over sand and dark coral. On the south end, however,
the edge is only about half a mile away. The western side of the reef is, as usual, replete
with pronounced shallows up to two miles away from it.
On the western edge of the bank, there is good anchorage over 5 to 7 fathoms, with the
usual trade winds, but easily discernible coralline patches must be avoided.
There are no perceptible tide currents and the general current strongly moves towards the
northwest.
Water can be obtained on the Cay by drilling wells near its centre, but it is brackish water
and only used by the fishermen for cooking purposes.
Roncador Cay. (Southern tip: Latitude 13° 34' and Longitude 80° 06' W. of Gr.) Nearly
half a mile inward from the northern end of the bank lies Roncador Cay, measuring some
350 meters long by nearly 270 meters wide, made up of sand and coralline blocks piled
up in a “wall” on the north-eastern side, with an approximate height of 5 meters. There
are no trees or bushes of any species on the cay and the sole vegetation is grass.
On the cay stands a lighthouse 52 feet high, on a red pyramidal tower of iron structure,
atop a gas reservoir erected on the cay.
The name Roncador given to the whole bank, is justified by the permanent roar of the
sea waves upon crashing violently against its reefs.
As seen, Roncador Cay is much smaller than that of Serrana and a violent storm in 1932
reduced it by nearly 200 meters.
No more than some 2,000 booby birds and some nardings can be seen there, all of which
produce nearly 25,000 eggs per year, left entirely for breeding and for the guards’ nourishment.
The guano cannot be exported yearly, since it is necessary to let it infiltrate
within the blocks of calcareous algae first in order to extract it later.
Last year, 60 tons of guano were extracted from Roncador, and in the current year the
cay has produced nearly 100 tons so far, but according to Mr. Ritch’s data, which he
explained to me in technical terms but the accuracy of which I am not certain of, it is
now necessary to leave the guano untouched for thirty years in order to let it form by the
passage of time and the aforementioned infiltrations. The guano of Roncador is of lesser
quality than that of Serrana and its price only amounts to £ 2 per ton.
(...)
429
The tortoiseshell in the vicinity of the bank of Roncador appears to have been destroyed
by a hurricane in 1932.
(...)
CONCLUSIONS
International situation.- There is not the slightest doubt that these cays have been under
Colombia’s sovereignty ever since the territory of “Veraguas” was part of the
Viceroyalty of Santa Fe, having belonged to the Kingdom of Tierra Firme and later, to
the Audiencia of Panama. “Veraguas” was the coast discovered by Christopher
Colombus on his fourth trip and granted to the Admiral by the Catholic Kings. These
titles were always respected to the point that, in the title as Captain General of Castilla
de Oro granted to Pedrarias in 1513, the Province of Veraguas was excluded. The possession
of the Nueva Granada over this Province having been confirmed by the Royal
Order of 30 November 1803, there is no room for any dispute over it.
430
Annex 121
PRESIDENTIAL DECREE N° 487 ESTABLISHING THE NAVAL GARRISON
ON SAN ANDRÉS, 8 MARCH 1940
(Archives of the Colombian Navy)
DECREE NUMBER 487 OF 1.940
(8 March 1940)
Determining the composition of the General Directorate of the Navy, the Command of
the Navy Forces and Navy Base M.C. “Bolivar”, the Command of the War Fleet of the
Putumayo and Riverside Base of Puerto Ospina, the Riverside Base of Santa Clara and
the Navy Infantry Battalion; allocating the respective resources and adopting other provisions.
THE PRESIDENT OF THE REPUBLIC,
in exercise of his legal powers, in particular those extraordinary powers granted to him
by Law 54 of 1.939
DECREES:
FIRSTARTICLE.- The General Directorate of the Navy will be composed of the following
sections:
1).- General Director
2).- Assistant
3).- Staff
4).- Legal affairs
5).- Inspector of the Navy
SECOND ARTICLE.- The wages of the staff of the sections mentioned in the previous
article will be:
(…)
ARTICLE THREE.- The Command of the Navy Forces and Navy Base M.C. “Bolivar”
will be composed of the units and sections mentioned in Article sixth of Decree 50 of
1937 and, in particular, of the following sections:
431
1).- Command
2).- Chiefs of Staff
3).- Staff
4).- General affairs
5).- Inspector
6).- Technical Department
7).- Health services
8).- Resources
9).- Working force
ARTICLE FOUR.- The wages of the staff of the sections mentioned in the previous article
will be:
(…)
ARTICLE EIGHT.- The Navy Infantry will be formed by a Battalion and three
Companies in order to cover the necessities of the Garrisons of the Navy Base M.C.
Bolivar, the Riverside Base of the Putumayo and that of San Andrés and Providencia. It
will have the following staff:
1 Battalion Commander, Major, s.s.g $ 245.00
2 Lieutenants, s.s.g. each $ 150.00 300.00
For each of the Companies:
1 Captain, s.s.g 210.00
2 Lieutenants, s.s.g., each $ 150.00 300.00
2 Petty Officers, s.s.g., each $130.00 260.00
1 First Sergeant, s.s.g 75.00
4 Second Sergeants, s.s.g., each $55.00 220.00
6 First Privates, s.s.g., each $40.00 240.00
9 Second Privates, s.s.g., each $20.00 180.00
100 corporals, s.s.g., each $4.50 450.00
1 First Treasurer, s.s.g 55.00
1 First Cook, s.s.g 55.00
1 Second Armament Officer, s.s.g 55.00
1 Second Cook, s.s.g 40.00
1 First Assistant Cook, s.s.g 25.00
2 First Adjunct s.s.g., each $25.00 50.00
1 Second Assistant Cook, s.s.g 20.00
(…)
ARTICLE TWELVE.- The General Director of the Navy is hereby empowered to
appoint and assign the staff (officials and rank-of-file), the naval employees having a
432
monthly salary lower than $50.00 and the troop personnel of the Navy Infantry. He is
also empowered to decide accordingly on the retirement or decommissioning of the said
personnel.
ARTICLE THIRTEEN.- The provisions contrary to those of the current Decree are derogated
as of the 1st. of the current month.
TO BE NOTIFIED AND EXECUTED.
Given in Bogotá, on 8 March 1940
(signed)
EDUARDO SANTOS, President of the Republic
(signed)
THE MINISTER OF WAR
433

Annex 122
NOTE N° LF99/458, FROM THE COLOMBIAN FOREIGN MINISTER TO
THE COLOMBIAN CHARGÉ D’AFFAIRES IN WASHINGTON,
21 OCTOBER 1943
(Archives of the Ministry of Foreign Affairs of Colombia, 21 October 1943,
pp.119-121)
Bogotá, 21 October 1943
Mr.
Alberto Vargas Nariño,
Charge d’Affaires of Colombia.
Washington
Mr. Charge d’Affaires:
I have the honor to inform you that the firm “Rand McNally & Company” from Chicago,
has issued a work called “Current Events World Atlas” where a map of “Central
America” appears with a mistake that it is necessary to correct.
In effect, in the said map the features Serranilla Bank, Quita Sueño Bank, Serrana Bank
and Roncador Cay appear with the following legend at the foot of each one of them:
(U.S.A.). (underlined in the original)
As you are aware, over these cays there is in existence the Olaya Herrera-Kellogg agreement
on statu quo, of 10 April 1928, which in its relevant part provides the following:
“Whereas both Governments have claimed rights of sovereignty over these cays;
“Whereas the interest of the United States lies primarily in the maintenance of aids to
navigation on those cays;
“Whereas Colombia shares the desire that such aids shall be maintained without interruption
and furthermore is especially interested that her nationals shall uninterruptedly
possess the opportunity of fishing in the waters adjacent to those cays;
“They resolve to preserve the status quo in respect to the matter, and, consequently, the
Government of Colombia will refrain from objecting to the maintenance by the United
435
States of the services which it has established or may establish on said cays to aid navigation,
and the Government of the United States will refrain from objecting to the utilization,
by Colombian nationals, of the waters appurtenant to the cays for purposes of
fishing.”
Thus, those cays are not under the exclusive sovereignty of the United States and the legend
referred to above must be modified in order that it includes at least a double bracket,
namely: (Colombia) (U.S.A.).
I hereby request that you approach the company in order that a future new edition of this
Atlas includes that modification, for which I am thankful in advance.
From the Charge d’Affaires, truly yours,
(Signed - illegible)
436
Annex 123
NOTE N° 938/DIN FROM THE GENERAL MARINE DIVISION TO THE
COLOMBIAN MINISTER OFWAR, 21 JANUARY 1946
(Archives of the Colombian Navy)
GENERAL MARINE DIVISION
Number 000938-DIN
Bogota, 21 January 1946
COPY
Mr.
Minister of War
Having learned this office about the budgetary allocations for the National Navy during
the year 1946, with all due respect I take the liberty of informing you that the sum destined
for the maintenance and conservation of the Gas Plants, Lighthouses and Buoys in
both oceans (Chapter 40, Article 432) is insufficient.
(…)
I beg you to give due consideration to the draft budget that follows, which covers the
maintenance and improvement of these services. They require a flawless performance
with a view to avoid the serious consequences that all ships would have to face in case
of failure or absence of light signals.
BUDGET FOR THE URGEN INSTALATION OF
LIGHTHOUSES AND BUOYS IN THE ATLANTIC COAST
(…)
PACIFIC COASTLINE
(…)
ACETILENE PRODUCTION - Raw materials
(…)
LIGHTHOUSES IN THE ARCHIPELAGO
Lighthouse Catalina Island Installed and working 23.692.50
Lighthouse of Providencia " " " 18.095.80
Lighthouse Alburquerque Cay " " " 20.094.75
437
Lighthouse Quitasueño Cay " " " 19.234.80
(…)
This budget has been drafted taking into account the most pressing needs for the normal
navigation and the requests made by the Maritime Navigation Companies, as well as
those of river and air transport.
(…)
(signed)
CAPTAIN AURELIANO CASTRO
Director General - Marine Division
438
Annex 124
COLOMBIAN NAVY INTERNAL MEMORANDUM ON STATUS OF
LIGHTHOUSES, INCLUDING TWO IN THE ARCHIPELAGO OF
SAN ANDRÉS, 3 MAY 1946
(Archives of the Colombian Navy)
From: Sub Lt. Mario A. Salcedo
To: Mr. Captain, Naval Director-General
Subject: Report.
Date: Bogotá, 3 May 1946
F.C.R.
I respectfully address my superior, to inform you of the result of the inspection carried
out by the undersigned, over the Atlantic Lighthouses and Buoys materials.
(…)
General state of the lighthouses
In general terms, it can be said that all the lighthouses need the following repairs: change
of 30% of rivets; change of the pipe systems; scraping and overall paint.
In addition to that, I will note the special works that must be done and are immediately
required:
(…)
Lighthouse of Providencia
It is in good state but presents similar problems like the two former ones: Santa Marta
and Cabo de la Vela.
Lighthouse of Bolivar Cay
Four tensing wires of 5/8" must be placed on it to revert the existing danger that it might
collapse due to the fact that its structure is so narrow, that a strong gust of wind might
be enough to produce its fall.
During wintertime the sheds of the [gas] accumulators are flooded with the resulting
439
deterioration of the latter and of all the metallic structure. In order to remedy this anomaly
the slates of the roofs of the aforementioned sheds must be changed.
The slates and rails of the watchtower are very deteriorated, as are the handrails on the
steps and 30% of the rivets. All this material should be changed.
(…)
Estimated budget to begin indispensable works in the various units pertaining to the
“Lighthouses and Buoys” Division
(…)
Acquisition of special tools for the Atlantic section …… 8,600.oo
(…)
Repair of the lighthouse of Bolivar Cay ……………… 2,800.oo
Repair of the lighthouse of Providencia,
with the construction of a pulley-driven slide…………. 7,400.oo
(…)
Note: The photographs taken on the Atlantic coasts, unfortunately were overexposed due
to a malfunction of the picture camera.
Sincerely,
(Signed)
Sub Lt. Mario A. Salcedo
Resp. “Lighthouses and Buoys” Div.
440
Annex 125
REPORT BY THE GEOLOGICAL COMMISSION SENT TO THE
ARCHIPELAGO OF SAN ANDRÉS BY THE COLOMBIAN MINES AND
OIL MINISTRY, OCTOBER 1947
(A. Sarmiento, J. Sandoval, “Comisión Geológica del Archipiélago de San Andrés y
Providencia, Estudios de Fosfatos, Inf. N° 626”, Boletín Geológico, N° 11 y 12,
Año I, 1953, pp. 26-42)
REPUBLIC OF COLOMBIA
MINISTRY OF MINES AND OIL
NATIONAL GEOLOGICAL SERVICE
GEOLOGICAL COMMISSION OF THE ARCHIPELAGO OF
SAN ANDRÉS AND PROVIDENCIA
STUDY ON PHOSPHATES
REPORT # 626
By
ALBERTO SARMIENTO ALARCON
Geologist
and
JOSE SANDOVAL
Geologist-Petrographer
Bogota, October 1947
441
SUMMARY
---------------
This Report summarizes the tasks carried out by the geological commission sent by the
Ministry of Mines and Oil, with the participation of the Institute for Industrial
Development, in order to study the possibilities of phosphate exploitation in the
Archipelago of San Andrés and Providencia.
The petrography of each of the islands studied is described, as well as their stratigraphy.
On the Island of San Andrés strata belonging to the Miocene (median to high) can be
found; the Island of Providencia is formed by igneous rocks likely from the Tertiary; and
the emergences of the Bank of Serrana are from the Quaternary.
The surveys carried out on the South-west Cay of the Bank of Serrana, where loose sand
with traces of phosphates were found, are laid out in detail, and are also supplemented
by some economic considerations. In view of the result of the analysis, according to
which the percentage of P2O5 is between 7.82% and 0%, the study concludes by recommending
not to undertake any exploitation.
442
GEOLOGICAL COMMISSION OF THE ARCHIPELAGO OF
SAN ANDRÉS AND PROVIDENCIA
INTRODUCTION
Purpose of the study
------------------------
The main consideration for the geological survey of some of the islands and cays of the
Archipelago of San Andrés and Providencia was to verify certain data acquired by the
Geological Service and by the Institute for Industrial Development. When in the continent,
the natives of the islands had informed about the existence of large volumes of
guano in the Archipelago and, perhaps on their own suggestion, there were some time
ago certain publications stating that there was an unexplored wealth for the nation in the
Archipelago, which could solve the problem of the scarcity of phosphates needed to fertilize
crop land.
On several occasions, the Colombian Society of Agriculture Producers had requested to
the Geological Service that this body carry out the above mentioned study, with a view
to determine whether the existence of guano could solve one pressing problem for our
agriculture. Indeed our agriculture producers have to import phosphates of every kind at
high prices, because it is a product with great demand in international markets.
Location
-----------
The Archipelago of San Andrés and Providencia is located some 740 kilometers straight
from the northwest of the city of Cartagena. The islands that were studied are located
between parallels 12 and 15 of the Northern hemisphere and meridians 80 and 82 West
of Greenwich.
Industry
----------
1. Island of San Andrés
It can be said that the only real industry in this island is that of coconut, which is exported
to Cartagena and to Panamá, where the factories of vegetable oils are in high demand
for this product. Apart from this, while there is a sizeable commerce in the city of San
Andrés, it can be stated that close to 95% of the inhabitants work in the coconut business.
443
2. Island of Providencia
In contrast with the Island of San Andrés, there is no cultivation of a single product.
Apart from coconut, the island produces also oranges, limes, lemon, mangoes, avocado
and other. They are sold in the markets of Cartagena and Panamá as well as in Central
America in general.
For domestic consumption there is a small production of corn, beans, banana, mandioca
and sugar cane.
3. Cay Northeast of the Bank of Serrana
This Cay is uninhabited because it lacks drinking water. Its vegetation is limited to a
grass plant that does not grow more than five centimeters high.
But given the large colony of “sula” birds that nest there and produce sizeable quantities
of eggs, Jamaican citizens establish there during certain times of the year with the aim
to collect the said eggs.
In the Cay there is also tortoise fishing and while they are not abundant the income they
generate appears to be steady, because both its meat and its shell are usable.
GEOLOGY
Given that each of the islands visited is a unit completely different from the others, a separate
description of every one will be given in the following sections, dealing with
Geography, Stratigraphy, Work performed, etc.
Physiography
-------------
1. Island of San Andrés
(…)
2. Island of Providencia
(…)
3. Bank of Serrana
The Bank of Serrana is located between parallels 14 16' and 14 29' and meridians 80 08'
and 80 24' west of Greenwich. It is formed in its larger portion by submerged coral banks
444
and banks or sand shoals, also submerged, that are not very deep in feet; from this large
bank the following Cays surface: Southwest, Southeast, Northwest and North. They are
to a large extent small features among which the biggest one is Southwest Cay. The latter
is approximately 900 meters wide at its wider section, in the Northwest section. It is
formed by loose sand (un-consolidated) and thus its vegetation is very low, growing up
to five centimeters from the surface.
The maximum height is a hill which emerges 6 meters above water level.
In these banks there are no water currents, so that all topographic features derive from
the action of the waves, which in certain parts -like its southwest corner- have piled up
masses of broken coral, a few limestone and madrepore that have been thrown on the
beach. In this part a wall of sorts has been formed with an approximate height of one
meter.
The North Cay of the Bank of Serrana is a very small oval-shaped surface whose maximum
length in a northwest direction is some 30 meters and with a maximum width of
more or less 21 meters, running in perpendicular to the former.
(…)
Stratigraphy
---------------
1. Island of San Andrés
(…)
2. Island of Providencia
(…)
3. Bank of Serrana
As it was expressed in the section on physiography, the bank of Serrana presents four
features which are, in a west-to-east direction, the following: Southwest Cay, North Cay,
South Cay and East Cay. All of them are alike but only Southwest Cay and North Cay
were visited, the former because it is the largest and the latter in order to decide whether
the visit to the other cays would be of interest.
Southwest Cay.- Southwest Cay is the largest of them all; it is some 370 meters long in
a northern direction and in the widest section of a northwest direction.
This cay is composed mainly of a sand shoal save from the southeast corner, where large
fragments of coral can be found. It appears that this shoal bank lies in its entirety on the
south-western corner of a big coral reef which is submerged.
445
The shape of this cay changes over time, which is explainable due to the fact that sea
currents change their course over the year, thus transferring loose sand materials from
one place to the other. For this reason it has been deemed to be from the Quaternary age.
(…)
North Cay
North Cay is located at coordinates 14 28' and 80 17' W, on the northwestern end of the
Bank of Serrana. It is currently formed of broken coral and shells. It is approximately 33
meters long in a northeast direction and 20 meters wide in a north-west direction.
It would appear that this cay is destined to disappear, because persons who have visited
in the past have reported that its surface was larger than the one we found. In addition,
according to a publication by the Hydrographic Office U.S. Navy, based on a British survey
carried out in 1844, the total area was 28,240 square meters. According to the survey
carried out by the Commission, its current area is just 520 square meters.
For a better understanding, the reader is referred to the chart of North Cay of the Bank
of Serrana attached to the present Report.
PHOSPHATES FINDINGS
---------------------------------
Work Performed
--------------------
All the existing roads in both the Island of San Andrés and the Island of Providencia
were surveyed and samples were taken with totally negative results. It is to be noted that
in these islands there are no favorable conditions for the actual accretion of guano,
because the animals that produce it do not nest there. This is only natural if one takes
into account that these islands have a high population density and guano-producing birds
look after uninhabited places.
On the Southwest Cay of the Bank of Serrana conditions for the accretion of guano were
found, because several thousands of birds of the genus Sula Leucogaster nest there. They
are the size of a dove, web-footed, with a long, thick and pointed beak and plugged nasal
bones noses. They eat fish and squid exclusively.
As no banks of guano were found but merely scratches of it, a mining lamplight was used
to make tests over night in order to generate phosphorescence in the sands in case they
had any contents of phosphorus. All the tests thus effected on several sections of the bank
gave positive results.
(…)
446
Since the beginning, it was ruled out to visit the Bank of Roncador, because, while
according to the reports obtained it has an area of 7 by 0.5 miles, most of it is covered
by water and the only section emerging above water is where the lighthouse lies. This
lighthouse was built there for navigation safety purposes.
The Bank of Roncador is located between parallels 13 28' and 13 35' and meridians 80
00' and 80 05'. Its large part is composed of sand shoals and corals and is submerged. So
the only emerging section is located in its northwestern end. See the chart enclosed of
the Bank of Roncador. Another reason for not visiting this Bank was that the destroyer
used by the Commission was not available.
Economic Considerations
-------------------------------
From the previous considerations it is concluded that the only place where guano or
phosphate material can be found is in the Southwest Cay of the Bank of Serrana, because
it is the only area of those visited where the samples taken gave a positive result and
where colonies of guano-producing birds can be found.
(…)
Wages in the islands are scarce and therefore high. They are between $3.00 and $4.00 a
day, with the disadvantage that the production rate is approximately half of that of one
of our workers in the interior. These data was provided to us by learned persons in the
Intendancy itself.
If transportation of this material was intended, it would have to be carried out by
schooners or small boats of short draft and their loading would be extremely difficult
because they could not approach the coast, so a skiff or something similar would have to
be used in order to transport the material from the land to the ship. If ships of larger draft
were to be used, this additional transportation would have to cover at least six miles,
which is the distance at which ships can anchor out of danger.
When starting exploitation account should be taken of providing shelter, food and drinking
water to the members of the labor force, at least for their most pressing needs. It is
clear that both the food and the water should have to be transported from the continent.
Conclusions
---------------
In the light of the previous considerations, the conclusion is that in the visited places
there are no banks of guano and in those not visited it is not realistic to expect to find
that element either. This is because of the weather conditions and the fact that the conditions
of the places where that might exist are nor favorable for guano accretion.
447
In the Southwest Cay of the Bank of Serrana some loose sands were found with traces
of phosphate material. This is the product of the colonies of birds existing there that has
been deposited on the surface. The sands have suffered the effect of the sea water at
stormy times and their contents of phosphorus has been largely dissolved by atmospheric
precipitation.
(…)
In view of the above, it is our considered opinion that the sands impregnated with phosphate
material found in the Southwest Cay of the Bank of Serrana are not apt for economic
exploitation.
(signed)
ALBERTO SAMIENTO ALARCON
Geologist
(signed)
JOSE SANDOVAL
Geologist - Petrographer
/mml.-
448
Annex 126
PRESIDENTIAL DECREE N° 2966-BIS ISSUUED IN SAN ANDRÉS, ISLAND
OF SAN ANDRÉS, 13 NOVEMBER 1953
(Diario Oficial N° 28367, 10 December 1953, p. 1025)
PUBLIC POWER
NATIONAL EXECUTIVE BRANCH
San Andrés and Providencia Declared A Free Port
DECREE NUMBER 2966-BIS of 1953
(November 13)
Declaring the Territory of San Andrés and Providencia a free port and creating the
Pro-Tourism post stamp
The President of the Republic of Colombia,
in exercise of the powers granted to him by Article 121 of the National Constitution
and
WHEREAS:
By Decree No. 3518 of 9 November 1949 a disturbance in the public order was registered
and the territory of the Republic was declared to be in a state of emergency.
DECREES:
First article.- As of the date of the issuing of the present Decree, all the products imported
to the territory of the Intendancy of San Andrés and Providencia are declared free of
tariffs, exception made of those whose import is subject to control by Public Health
authorities.
Paragraph. The freedom of tariffs for imports referred to in this article does not extend
to consular charges and does not replace the requirement concerning the consular certification.
449
Second Article. The goods of foreign provenance that according to this Decree enter the
territory of the Intendancy of San Andrés and Providencia free of tariffs will not be considered
as nationalized. In case they are sent to any port or place in the country outside
the said territory, they should pay the corresponding tariff.
Article Three. In conformity with the provisions of the previous article, all the cargo,
baggage and similar goods that leave the territory of San Andrés and Providencia having
as a destination any other customs zone in the country, shall be covered by a certification
issued by the Intendente. This certification will have the same effects as the consular
certification with regard to foreign goods. The customs officers will require this certification
for every cargo shipment that has to go through any customs agency in the country
and the goods not mentioned in the certification will be considered contraband.
Paragraph. The provisions of this article are not applicable to the agriculture and industry
products of the Intendancy of San Andrés and Providencia, being as they are national
products which are circulating and being transported through the territory of the
Republic.
Article four.- The National Intendente of San Andrés and Providencia is hereby authorized
to charge a consumer tax of three cents ($ 0.03) by each peso with regard to those
goods of foreign provenance that are offered for sale in the territory of the Intendancy
that have a value higher than one peso ($ 1.00).
Paragraph. This tax will be made effective by means of stamps and will be included in
the Budget of the Intendancy, destined to pubic works which are needed urgently.
Article five.- The Intendente will sent to the Ministry of Finance a monthly report detailing
all imports and exports taking place within the territory of his District.
Article six.- As of the 1st of January 1954 the National Post Stamp Pro-Tourism is established.
The Government will issue the stamp in due course.
Article seven.- This stamp will be issued as fiscal goods by the National Finance Tax
Collectors agencies and its product will be directly incorporated in the national income.
Article eight.- The owners or administrators of hotels and pensions registered with the
National Department of Tourism and whose daily charge is higher than $ 10.00 daily, are
bound to adhere the Pro-Tourism Stamp to the copy of the invoice remaining at the premises
at a rate of ten cents ($ 0.10) by each ten pesos ($ 10.00) of the cost of each invoice.
Paragraph. The stamp will be added to each invoice at a visible spot. The Government
will issue regulations concerning the manner to make this requirement binding and providing
for sanction in case of lack of compliance.
Article nine.- The total income obtained under this Decree will be taken into consideration
in order to fix the yearly budget of the National Department of Tourism, Ministry of
Development.
450
ARTICLE TEN.- This Decree enter into force on the date it is issued and abrogates all
provisions contrary to it.
To be notified and published.
Given in San Andrés, Intendancy of San Andrés and Providencia, on the thirteenth day
of the month of November 1953.
Lieutenant General GUSTAVO ROJAS PINILLA
The Minister of Government
LUCIO PABÓN NUÑEZ
The Secretary-General of the Ministry of Foreign Affairs, Acting Minister
DANIEL HENAO HENAO
451

Annex 127
NOTE N° 060 CG-EMG-SJ832 FROM THE COLOMBIAN MINISTER OF
WAR TO THE FOREIGN MINISTER, 4 MARCH 1955
(Archives of the Colombian Navy)
4 March 1955
0060 CG-EMG-SJ-832
Diplomatic Action.-
Mr.
MINISTER OF FOREIGN AFFAIRS
I write to you, Mr. Minister, in order to kindly request that the Ambassador of Colombia
in Washington is imparted the appropriate instructions in order to obtain from the
Government of the United States of America the rescission of the agreement concluded
between the two countries in April 1928 with regard to the service of the lighthouses and
buoys in the Banks of Serrana, Quitasueño and Roncador Cay, located in the western
portion of the Caribbean Sea.
The Command of the National Navy suggests two options in this regard, as follow:
1.- In case that the rescission of the agreement is obtained, the Government of Colombia
would proceed to change the existing Lighthouses and Buoys and would replace them
with more modern items, with a view to assure that the height and cabotage navigation
that takes place in those areas is more efficient and safe. The modernization plan
includes new installations in the above mentioned banks, according with the technical
specifications found in the attachment to the present letter.
The National Navy would be in charge of maintaining the new projected installations, as
part and parcel of the integrated light system for the Archipelago of San Andrés and
Providencia.
2.- In the event that the Government of the United States would wish to maintain in force
the whole of the agreement of April 1928, it would be necessary to obtain that that
Government undertakes on its own the modernization of the Lighthouses that have been
operative in the above mentioned locations. In this alternative, it would be advisable that
453
the former action conforms to the technical specifications attached to the present letter.
Additionally, the National Navy of Colombia would be in charge of the general maintenance
of the Service. In this fashion, this would also contribute to the general plan for
the modernization of the Lights and Buoys of Colombia.
This Office would see with pleasure a prompt and favorable response to the action I have
just suggested.
(signed)
BRIGADIER GENERAL GABRIEL PARIS
Minister of War
454
Annex 128
NOTE N° 142/COFB-57-M-107 FROM THE CHIEF OF THE LIGHTHOUSES
AND BUOYS DIVISION OF THE COLOMBIAN NAVY TO THE COASTS AND
MERCHANT MARINE, 22 OCTOBER 1959
(Archives of the Colombian Navy)
Bogotá, D.E., 22 October 1959
Nº 142 - COFB - 57 - M - 107.
Subject: Report to incoming Coasts and Merchant Marine Director .
To: Mr. Commander [Frigate Captain]
Coasts and Merchant Marine Director Gn.
In accordance to the orders of that Directorship, I herby submit to Mr. Commander, the
report of the current state of the Lighthouses and Buoys Division.
(…)
- Modernization Plan
(…)
c) Works: The works that must be executed, estimated at approximately $6,532,229.94
are: 14 in the Pacific and 30 in the Atlantic, without taking into account those 3 of the
Colombian Archipelago’s lighthouses that are still under the property of the United
States of America in Colombian territory, despite the actions of the Lighthouses and
Buoys division several years ago, and the various reports submitted to the Command of
the Navy on the inconvenience of these lighthouses’ being under the care of the U.S.
(…)
d) Constructions plan: The constructions plan that is intended for a period of 3-4 years,
the duration of which will depend on the amount of the budgetary provisions allotted
yearly, implies activities in 44 different places in the Colombian coast, to wit:
14 in the Pacific coasts
24 in the Atlantic Coasts
6 in the Colombian Archipelago.
For each of these sections, the following investments have been assessed:
Works in the Pacific $2’650,145.82
Works in the Colombian Archipelago $ 554,727.85
Works in the Atlantic $2’327,356.27
Construction Machinery and Equipment $1’000,000.oo
Total $6’532,229.94
455
(…)
f) The Colombian Archipelago: The broadening of the illumination service of the
Colombian Archipelago was foreseen in the Signaling Plan of 22 March 1955, and in
earlier studies.
This Plan foresaw the modernization of the lighthouses of Quitasueño, Serrana bank and
Roncador Cay, for an initial amount of US $61,789.35 that was later re-calculated to US
$54,504.90.
These three lighthouses being the property of the U.S.A. in Colombian territory and considering
that presently they provide a deficient service to international navigation in
these locations, the Lighthouses and Buoys Division carried out the following actions:
22 October 1954: Report rendered by DIADMON, under directions from
Lighthouses and Buoys.
4 November 1954: Draft notes addressed to the Chief of the U.S.A. Naval Mission in
Colombia.
7 December 1954: Draft request of diplomatic action vis-à-vis the U.S.A., from Mr.
Minister of War to Mr. Minister of Foreign Affairs.
18 February 1955: Idem.
22 February 1955: Submission of final draft letter to Mr. Minister of War.
4 March 1955:Letter from Mr. Minister of War to Mr. Minister of Foreign Affairs
requesting diplomatic action vis-à-vis the USA for cession of the three current lighthouses.
To date, the result of the actions aimed at obtaining the cession of the 3 currently disputed
lighthouses from the USA is not known, and therefore, the completion of the
Signaling Plan as it was foreseen in its entirety was not achieved.
The Lighthouses and Buoys Division, aware of the need for these lighthouses to be the
property of the National Government, has addressed its superior authorities on several
occasions in order to dispose and favorably resolve this problem.
(…)
Sincerely,
(Signed)
Lieutenant-Commander Carlos Vasquez A.
Chief Lighthouses and Buoys Div.
456
Annex 129
NOTE N° 11700R/COARMADA-DMMC, FROM THE MERCHANT MARINE
DIRECTOR OF THE COLOMBIAN NAVY TO THE
GENERAL COMMAND, 1 OCTOBER 1964
(Archives of the Colombian Navy)
DIRECTION OF THE MERCHANT MARINE
Bogota, D.E., 1 October 1964
No. 011700R/COARMADA-DMMC
REF.: Report
TO: Rear Admiral
COMMANDER OF THE NATIONAL NAVY
JUDGE OF FIRST INSTANCE
With regard to the Note No. 291700R-COMDEARC-749 of 29 September 1964, I kindly
inform you as follows:
1.- The maintenance of the service of the Lighthouse of Bolivar Cay is assigned to the
Sub-division of Lighthouses and Buoys of the Naval Base ARC “Bolivar” in Cartagena.
By the date that the wreckage of the Frigate ARC “Almirante Padilla” took place, that
is, on 26 June 1964, the Direction of the Merchant Marine had not received any communication
informing it that the above mentioned Lighthouse were out of service.
2.- As no information was received concerning any novelty on the said Lighthouse, no
action was ordered or taken.
3.- No “Notice to Sailors” was issued with regard to the Lighthouse of Bolivar Cay
because the Sub-division of Lighthouses and Buoys, which is under the direct orders of
the Command of the Naval Base at Cartagena has not reported any news in that regard.
4.- The Lighthouse of Bolivar Cay was recharged for the last time on the 1st. December
1963 and its charge is supposed to last for over one year under normal working conditions.
457
Cordially,
(signed)
Captain MANUEL A. GARCIA BERNAL
Director
Colombian Merchant Marine
458
Annex 130
PERIODIC REPORT N° 8 OF THE COMMAND OF THE ATLANTIC
NAVAL FORCE, 31 AUGUST 1968
(Archives of the Colombian Navy)
(stamped)
RESERVED COPY No. 1 of 2
Atlantic Naval Force Command
Cartagena
31 August 1968
PERIODIC REPORT OF OPERATIONS No. 8
Period covered: 1-31 August 1968
1. OPERATIONS CARRIED OUT DURING THIS PERIOD
1. [Mission Description]
1. (…)
2. (…)
3. (…)
4. (…)
5. (…)
6. (…)
7. (…)
8. (…)
9. (…)
10. (…)
11. Departure of ARC “ANTIOQUIA” in patrol mission in the territorial waters
appurtenant to the Islands of San Andrés and Providencia, and the Cays Quita Sueño,
Serrana and Roncador.
12. (…)
13. (…)
459
2. [Location]
1. (…)
2. (…)
3. (…)
4. (…)
5. (…)
6. (…)
7. (…)
8. (…)
9. (…)
10. (…)
11. Cartagena - San Andrés and Providencia - Cartagena
12. (…)
13. (…)
3. [Results]
1. (…)
2. (…)
3. (…)
4. (…)
5. (…)
6. (…)
7. (…)
8. (…)
9. (…)
10. (…)
11. Good
12. (…)
13. (…)
2. ALERT LEVEL
(…)
3. PUBLIC ORDER
(…)
4. CIVIC-MILITARY ACTIONS
(…)
5. PERSONNEL NEWS
(…)
6. GENERAL REMARKS
(…)
460
Annex 131
NOTE Nº 03308/MIDSG-A-559 FROM THE COLOMBIAN DEFENSE
MINISTER TO THE COLOMBIAN FOREIGN MINISTER,
18 NOVEMBER 1968
(Archives of the Ministry of Foreign Affairs of Colombia)
MINISTRY OF WAR
OFFICE OF THE MINISTER
Bogotá, 18 November 1968
03308/MIDSG-A-559
SUBJECT: Jurisdiction Banks of Serrana, Quita Sueño and Cay Roncador
TO: Mr.
ALFONSO LOPEZ MICHELSEN
MINISTER OF FOREIGN AFFAIRS
Bogotá
Mr. Minister,
Last 11 November, at 07:00 hrs., the Commander of the Naval Station of San Andrés -
Port Captain- found the vessel ‘Geminis’ of US flag, fishing in Colombian waters in
Quita Sueño Bank, at the geographical position of 14º04'N and 81º20'W, under the command
of Captain Clarence E. Fisher who exhibited a departure sailing clearance from
Pascagoula-Mississippi, dated 23 September of the current year.
The Port Captain reports that the ship has been fishing in that area for two weeks, that it
has a cargo of 60 tons and a crew of 8 persons of American nationality and that it belongs
to the Fishing Company of Pascagoula-Mississippi.
The vessel was sequestered at the harbor of San Andrés at the disposal of the Port
Captain. An administrative investigation is currently carried out by that body in order to
determine whether there was an infringement of the Colombian territorial waters as well
as Legislative Decree No. 375 of 1957, concerning fishing.
According to the exchange of notes of 3 April 1928 between the Envoy Extraordinary
and Minister Plenipotentiary of the Republic of Colombia Doctor Enrique Olaya Herrera
and Mr. Frank B. Kellogg, Secretary of State of the United States of America, these
banks and cay are in a “STATU QUO” situation, in the sense that the United States
461
Government will maintain uninterruptedly the navigation aids and the Colombian citizens
will be able to fish free of interferences in the waters adjacent to those Banks and
Cay.
After enquiring by phone with the Navy Lieutenant Guillermo Sarmiento R., Head of the
Legal Services of the Direction of the Colombian Merchant Navy, Doctor Fernando
Ruan Ruan, Head of the Natural Resources Division of the Ministry of Agriculture was
of the view that Colombian nationals have the exclusive right to exploit the fishing
resources of the area and that for any foreigner to do the same a written authorization by
that Division was required.
As Article 34 of the Legislative Decree No. 376 of 1957 provides that the National Navy
is tasked with the watching and inspecting of maritime fishing, that Command whishes
to know the position of Colombia with regard to jurisdiction over those Banks and Cay
and over the adjacent waters.
This request is also founded on the criterion set by the Head of the Diplomatic Division
of that Ministry, according to Note No. 1658 of 22 August of last year, where mention is
made to an authorization granted to the National Historical Maritime Society of the
United States in order to carry out a submarine archeological survey in the “STATU
QUO” area.
Truly yours,
(signed)
GENERAL GERARDO AYERBE CHAUX
MINISTER OF NATIONAL DEFENSE
462
Annex 132
PERIODIC REPORT N° 11 OF THE COMMAND OF THE ATLANTIC NAVAL
FORCE, CARTAGENA, 30 NOVEMBER 1968
(Historical Reports, DIMAR 2008, p. 1-133 a 1-134)
RESERVED
COPY NO. 1 OF 2 COPIES
COMMAND OF THE ATLANTIC NAVAL FORCE
Cartagena, 30 November 1968
PERIODICAL REPORT OF OPERATIONS NO. 11
Period comprised between the 1st and 30th of November 1968
1. OPERATIONS CARRIED OUT DURING THE PERIOD
a. 1. Transportation of fuels.- 2. Operation of the ARC Units. “Ltn. HERNANDO
GUTIERREZ”, ARC. “Ltn. JUAN LUCIO” and ARC. “Ltn. CARLOS GALINDO”,
under the Operational Control of the Commands of the 4th and 5th Brigade.- 3. Set sail
of the ARC. “20 DE JULIO” with the aim of verifying the degree of enlistment of the
Unit.- 4. Set sail of the ARC Destroyers. “ANTIOQUIA” and ARC. “7 DE AGOSTO”
in compliance with the Order of Operations - No. 144-CFNA-68, with the aim of escorting
the ARC. “GLORIA” during its - approach to the port of Cartagena on the occasion
of its arrival during its inaugural journey.- 5. Transportation of personnel on board the
Yacht ARC. “CALM. BELLSALTER”, according to OROPER No. 145-CFNA-68.- 6.
Set sail of the ARC. “MAYOR MARIO SERPA” in compliance with the Order of
Operations No. 146-CFNA-68, copy sent to JEMN.- 7. Arrival to Cartagena of the ARC.
Transportation Destroyer “ALMIRANTE TONO” coming from Boston USA., for its
incorporation into the Naval Force of the Atlantic. (Oroper No. 105-CFNA-68) 8. Set
sail - of the ARC. “PEDRO DE HEREDIA” and ARC. “GORGONA” in compliance
with the Order of Operations No. 151-CFNA-68 with the purpose of carrying out the
compensation of the Magnetic Compass of the ARC. “GORGONA”.- 9. Set sail of the
ARC. “7 DE AGOSTO” according to Oroper No. 147-CFNA-68, with the aim of verifying
the degree - of enlistment of the Unit.- 10. Set sail of the ARC. “GORGONA” in
compliance with the Order of Operations No. 149-CFNA-68 transporting personnel and
material of Lighthouses and Buoys for works in the lighthouse of Bolivar Cay and
inspecting the navigational aids in the area of San Andrés and Providencia, and the
Banks of Serrana, Quitasueño and Roncador.- 11. Set sail of the ARC. “ANTIOQUIA”
463
according to Oroper No. 150-CFNA-68 with the aim of carrying out the Operation
“COLOMBRITEX II” by means of the execution of combined training naval exercises
with the British Destroyer “CAPRICE” during the operational visit of the said Unit to
the Island of San Andrés, from the 29th November to the 2nd December-68.- 12. Set sail
of the APD “ARC. “ALMIRANTE BRION” according to Oroper No. 152-CFNA-68,
with the aim of carrying out machinery tests - during its activation phase. 13. Set sail of
the ARC. “7 DE AGOSTO” with - the aim of carrying out the training of the Unit Level
according to Oroper No. 155-CFNA-68.- 14. Set sail of the ARC. “CAPITAN FRITZ
HAGALE” according to Oroper No. 154-CFNA-68 with the purpose of relaying the
ARC. “Ltn. HERNANDO GUTIERREZ”, which returned to BN1 to undergo minor
repairs.- 15. Continuation of the repairs of the Units Afloat.-
b. 1. Cartagena-Buenaventura, on board of the ARC. “SANCHO JIMENO”.- 2.
Zone of Barrancabermeja following orders from the Commands of the 4th and 5th
Brigades.- - 3. 8. 9. 12. 13. BN1 - Area of Operations- BN1.- 4. Bocachica-Cartagena.-
5. Cartagena-Bocachica, to the President of the Republic and its retinue with the goal of
embarking the School Sailing Ship ARC. “GLORIA”.- 6. From Cartagena to the hamlets
located in the Cauca River Branch.- 7. Boston-Cartagena.- 10. Cartagena-San
Andrés Islands-Cartagena.- 11. Cartagena-San Andrés-Cartagena.- 14. Cartagena-
Barrancabermeja.- 15. Major repairs in BN1: ARC. ARC. “CIUDAD DE QUIBDO”.-
Minor repairs: ARC. “MAMONAL”, ARC. “ESPARTANA”.-
c. 1. 2. 4. 5. 8. 9. 13. Good.- 3. Negative. 6. 10. 11. 12. 15. In development.- 7. 14.
No News.
RESERVED -2-
2. DEGREE OF ENLISTMENT:
a. The personnel continue its education and training on board of the Units.
b. Agreement on Educational Plans and training of each Unit.-
c. GOOD.-
3. ORDEN PUBLICO:
a. None.
b. None.
c. None.
4. CIVIC MILITARY ACTION:
a. The programs of Civic Naval Action continue with the ARC Units “SOCORRO”
and ARC. “MAYOR MARIO SERPA” in coordination with the Health Section of the
464
Department of Bolivar, in the hamlets of Canal del Dique and the Zones of the Rivers
Magdalena, Cauca and Sinú.-
b. Agreement on Programs.-
c. Very Good.-
5. NEWS ABOUT PERSONNEL: Deaths by:
a. None.
b. On November 23-68, CPIM. MEJIA PEREZ Nepomuceno, member of the Naval
Infantry Battalion No. 1., and in ST in the River Fleet, (ARC. “Ltn. HERNANDO
GUTIERREZ”).-
c. None.-
6. GENERAL OBSERVATIONS:
None
465

Annex 133
RESOLUTION N° 206 FROM THE COLOMBIAN INSTITUTE FOR
AGRARIAN REFORM (INCORA), 16 DECEMBER 1968
(La Isla de San Andrés - Contribuciones al conocimiento de su ecología, flora, fauna y
pesca, Instituto de Ciencias Naturales, Facultad de Ciencias, Universidad Nacional,
1969, pp. 129-142)
RESOLUTION No. 206 OF 1968
(16 December)
By virtue of which the lands in the Archipelago of San Andrés and Providencia are
excluded from the territorial reserve of the State and certain sectors therein are
declared as special reserves.
THE BOARD OF DIRECTORS OF THE COLOMBIAN INSTITUTE FOR AGRARIAN
REFORM,
In exercise of its legal and statutory powers, especially those conferred upon it by
Article 1, 3 and 39 of Law 135 of 1961 and Article 13 of Law 2 of 1959, and
CONSIDERING:
Under the provisions of Article 3 of Law 135 of 1961, the Institute issued Resolution No.
03465 of 9 April 1968, ordering to start the necessary administrative action for the clarification
of the legal situation of the lands comprising the Archipelago of San Andrés and
Providencia;
Upon the expiration of the time-limit fixed in that Resolution for the production of the
required evidence, the Board of Director takes the following considerations into account
in order to make its decision:
1. Historical background.
The colonization of the Archipelago was started by Englishmen, approximately during
year 1629. Since that date the islands were disputed by the British, the Dutch and the
French, who converted them in a piracy center for the Caribbean. Around year 1640 the
Spanish started making incursions in the Archipelago, with the aim of expelling the
pirates, but it was only in 1786 that a Convention between the courts of Madrid and
London “put an end to these usurpations with the eviction of the British subjects from
467
these parts of the Spanish realm…and those settled in the island of San Andrés were put
in ships dispatched to that effect in the following year of 1797 (SIC)” (Poblaciones
varias, Vol. II, Folios 471 to 479, Historical National Archive).
In year 1792, by order of the Spanish King, Viceroy Ezpeleta authorized those occupying
the islands of San Andrés and Providencia to remain there with the status of vassals
and in 1809 that authorization was ratified, on condition that the islanders would build a
Catholic church, would keep the priest that was going to be sent, would learn the Spanish
language and would refrain from trading with foreigners.
Despite that in 1810 the islands of San Andrés and Providencia had more than 1.300
inhabitants, the ownership over the islands belonged exclusively to Spain and the
islanders were authorized to remain there only on condition that they swore allegiance
to the King.
In 1822 the islanders expressed their adherence to the Constitution of Cúcuta and from
that time the Archipelago was considered as part of Gran Colombia. In 1853 it is clearly
established that the islands form part of the Canton of Cartagena.
The National Intendancy of Providencia was created and organized by means of Law 52
of 26 October 1912. Currently, it comprises the municipalities of San Andrés and Santa
Isabel, as well as several Police Inspections.
2. Geographic, geological and climate features of the Archipelago.
The Archipelago of San Andrés and Providencia is located some 650 kilometers from the
northern coast of Colombia; it has a total area of approximately 55 square km. and a population
of 16.731 inhabitants, according to the census carried out in 1964.
The Archipelago is composed of the islands of San Andrés, Providencia and Santa
Catalina, and by a group of cays, islets and banks extending from North to South, staring
at Pedro Banck [sic] (Jamaica) and ending south and south-east of San Andrés, for
over some 500 km. Essentially, these cays are formed by calcareous sand and are to wit:
Johnny Cay, Rose Cay, Rocky Cay, Haynes Cay, Cotton Cay, East Southeast,
Albuquerque Cay, Grunt Cay, Grasey Cay, Roncador Bank, Serrana Bank, Serranilla
Bank, Serranilla Cay and Quitasueño Bank.
(…)
The average temperature in the islands is not subject to drastic change. The hotter month
is August, with 27.80° Celsius and the coldest is February, with 26.20° C.
The privileged location of the islands precludes that they are hit by the frequent hurricanes
that are a feature of the Caribbean Sea.
(…)
468
3. Biological and ecological aspects.
(…)
4. Fauna and flora.
In the Archipelago there is a large variety of native birds. There are also several species
of crab, including some species of hermit crab and black crab, very sought after because
of its meat.
(…)
Apart from fish, in the coral shelf several types of sea birds are found.
In the cay of Albuquerque the “Bobby” (Sula sula) nests and in the cays of Serranilla,
Roncador and Quitasueño there are sizeable colonies of nesting of booby birds, which
are exploited for eggs, without any control whatsoever, by Jamaican fishermen, during
the months of June to August.
5. Other aspects.
(…)
6. Legal aspects.
(…)
Article 878 of Law 106 of 1873 (Tax Code) establishes a presumption that the lands
located in the islands in both seas of the Republic belong to no one, on the condition that
they were not occupied by organized populations or by particular populations holding a
valid title, prior to the enactment of that Law.
(…)
Subsequently (…) Article 45, letter b) of the Tax Code of 1912 (Law 110) classified the
sea islands as “special lands belonging to no one” and Article 107 of the same Law
reserved them and precluded them from being adjudicated by providing that “The territorial
reserve of the State is composed of the following lands, which are not to be transferred
or sold under any circumstance: a) The national islands, in both seas of the
Republic…”
(…)
Given that there is no evidence that there is any valid original title issued by the State
over any part of the Archipelago of San Andrés and Providencia and prior to the date of
that legislation, it is to be concluded that the regime of territorial reserves set up by article
919 of Law 106 of 1873 and 107 of Law 110 of 1912, has operated over the islands,
cays and banks that compose the Archipelago of San Andrés and Providencia.
(…)
RESOLVES:
Article One: To declare that the islands, islets, cays and banks forming the Archipelago
of San Andrés and Providencia have not been taken out of the national patrimony and
469
are, therefore, lands belonging to no one and constituting territorial reserve of the State.
Article Two: To exclude from the Territorial Reserve of the State the islands of San
Andrés, Providencia and Santa Catalina, the cays [of] Sucre (Johnny), Acuario (Rose),
Rocoso [Rocky], Algodón [Cotton], Alburquerque, E-SE [East-Southeast], Córdoba,
Santander, Casabaja, Hermanos [Brothers], Del Valle, Cangrejo [Crab] and Serrana; the
banks [of] Roncador, Serranilla, Quitasueño, Bajo Nuevo and Alicia, and the other islets,
cays and banks that are part of the Archipelago of San Andrés and Providencia and constitute
the national Intendancy by the same name.
Article Three: To declare as special reserve zones, with the purpose of preserving the
flora, fauna, lake levels, the creeks and natural scenic beauties, the following sectors of
the Archipelago of San Andrés and Providencia.
(…)
CAYS AND BANKS
Preservation Zones
(…)
b) The Cay of Serrana and the banks of Roncador, Quitasueño, Serrana, Serranilla, Bajo
Nuevo and Alicia
Article Four: To declare as special reserve zones for tourism purposes the following sectors
of the Archipelago of San Andrés and Providencia:
Cays and banks
All of the cays and banks that form part of the Archipelago of San Andrés and
Providencia, excluding Cangrejo and Serrana Cays as well as the banks of Roncador,
Quitasueño, Serranilla, Bajo Nuevo and Alicia, comprised within the intangible preservation
zones dealt with in the previous article and the cay Casabaja, which will be devoted
to scientific purposes.
Article five: Within the intangible preservation zones described in Article 3 of the present
Resolution it is forbidden to occupy the land, to hunt or to fish. All kinds of activity
in industry, cattle or agriculture that is incompatible with the preservation of the flora,
fauna, water sources and scenic nature beauties is also forbidden.
Paragraph. The only activities that may be carried out within those zones are those of a
scientific nature, overviewed by the INDERENA in accordance to the provisions of
Decree 2420 of 1968.
Article six: Within the preservation zones established in Article 3, the natural resources
can be exploited only in accordance with the regulations issued to that effect by INDERENA.
(…)
470
To be copied, communicated, published and obeyed.
Given in Bogota, D.E., on 16 December 1968.
The Chairman of the Board,
(signed) ENRIQUE PEÑALOZA CAMARGO
The Secretary
(signed) GABRIEL CAMACHO MACIAS
471

Annex 134
COLOMBIAN RESOLUTION N° 092 FROM THE COLOMBIAN INSTITUTE
FOR AGRARIAN REFORM (INCORA), 30 JUNE 1969
(La Isla de San Andrés - Contribuciones al conocimiento de su ecología, flora, fauna y
pesca, Instituto de Ciencias Naturales, Facultad de Ciencias, Universidad Nacional,
1969, pp. 143-148)
RESOLUTION No. 92 OF 1969
(30 June)
By virtue of which Resolution No. 206 of 1968, concerning the Archipelago of San
Andrés and Providencia, is modified
THE BOARD OF DIRECTORS OF THE COLOMBIAN INSTITUTE FOR AGRARIAN
REFORM,
In exercise of its legal and statutory powers, and
CONSIDERING:
(…)
Article One: Article second of Resolution No. 206 of 1968 is amended so that it reads:
To exclude from the Territorial Reserve of the State the islands of San Andrés,
Providencia and Santa Catalina.
Continuing in the same reserve regime are the Cays [of] Sucre (Johnny), Acuario (Rose),
Rocoso [Rocky], Algodón [Cotton], Alburquerque, E-SE [East-Southeast], Córdoba,
Santander, Hermanos [Brothers], Del Valle, Cangrejo [Crab] and Serrana; the banks of
Roncador, Serranilla, Quitasueño, Bajo Nuevo, Alicia, and the other islets, cays and
banks that are part of the Archipelago of San Andrés and Providencia.
Article Two: Articles three, four, five, six, seven and eight of Resolution No. 206 of 1968
are hereby derogated.
(…)
Article five: This Resolution enters into force on the date of its issuance.
To be copied, communicated, published and obeyed.
473
Given in Bogotá, D.E., on 30 June 1969.
The Chairman of the Board,
(signed) ENRIQUE PEÑALOSA CAMARGO
The Secretary
(signed) GABRIEL CAMACHO MACIAS
474
Annex 135
PERIODIC REPORT N° 8 OF THE COMMAND OF THE ATLANTIC NAVAL
FORCE, CARTAGENA, 31 AUGUST 1969
(Archives of the Colombian Navy)
(stamped)
RESERVED COPY No. 1 of 2
Atlantic Naval Force Command
Cartagena
31 August 1969
PERIODIC REPORT OF OPERATIONS No. 8
Period covered: 1-31 August 1969
1. OPERATIONS CARRIED OUT DURING THIS PERIOD:
1. Sovereignty and surveillance
(…)
2. Joint Operations
1. Mission description
1. ARC “PEDRO DE HEREDIA” leaves port in compliance with Operation Order
No. 106-CFNA-69, in a search and rescue mission of the towboat “ROSE MARY”,
which went adrift and subsequently was lost in the route Turbo-San Andrés.
2. ARC “GORGONA” leaves port in compliance with Operation Order No. 107-
CFNA-69, in a search and rescue mission of the towboat “ROSE MARY”.
3. Aerial reconnaissance with units of the Squadron for Aerial and Navy Tactical
Support in order to provide support to the towboat “ROSE MARY”, in coordination with
units afloat of the Atlantic Naval Force and other forces taking part in the Search and
Rescue Operation.
4. (…)
5. Participation of ARC “PEDRO DE HEREDIA” and airplane CATALINA FAC-
263 in the Search and Rescue Operation of the motorboat “WAVE CREST”, which went
475
adrift in the zone of San Andrés and Providencia.
2. Location
1. Cartagena - San Andrés - Providencia - Cartagena
2. Cartagena - San Andrés - Cartagena
3. Area of Cape Tiburón - Coast of Nicaragua, Corn Island, San
Andrés and Providencia
4. (…)
5. Area comprised between San Andrés, Providencia and
Quitasueño, Corn Island and the Coast of Nicaragua - Providencia
3. Results
1. Good
2. Good
3. Good. - The towboat “ROSE MARY” was located by ARC
“GORGONA” at 10 miles SW of Albuquerque Cay - It was escorted by
the same unit up to San Andrés S/N.
4. (…)
5. Good. - The motorboat “WAVE CREST” was located by the fishing
boat “EL CHIQUITA”, and was towed up to Puerto Azul in
Quitasueño. They remained in the area until the arrival of ARC “PEDRO
DE HEREDIA” in order to provide assistance.
3. Combined Operations
(…)
4. Training Operations
(…)
5. Transportation
(…)
6. Miscellanea
(…)
2. ALERT LEVEL
(…)
3. PUBLIC ORDER
(…)
4. CIVIC-MILITARY ACTIONS
(…)
5. PERSONNEL NEWS
(…)
6. GENERAL REMARKS
(…)
476
Annex 136
FILE N° 001/71 OF THE PORT CAPTAINCY OF SAN ANDRÉS, OFFICE OF
INVESTIGATION, 30 OCTOBER 1971
(Archives of the Colombian Navy)
MILITARY FORCES OF COLOMBIA
NATIONAL NAVY
San Andrés, 30 October 1971
REF.: Expert opinion
TO: Frigate Captain
COMMANDER ARC “20 OF JULY”
I write in compliance with the Order for the Appointment of An Expert, in order to report
in the inspection carried out with regard to the equipment and telegraph of the Steamship
M.S. ‘NICODEMUS”, which ran aground in the shoal of Serrana. The following actions
were pursued accordingly:
1.- GENERAL SITUATION
a.- The Steamship M.S. ‘NICODEMUS” ran aground on 30 September 1971 in the shoal
of Serrana at approximately 02:00 hours. The ship’s hull is now broken in the bow’s
crutch tanks and holds 1 and 2 are partly flooded, for the bow is resting on the shoal.
Starting at the Master Section the ship is in good condition and without problems in the
hull.
b.- The machinery room is located in Section “C” of the ship. The propeller plant has
an engine of the brand “NORDBERG”, built in the U.S.A. in year 1945 (…).
c.- The electrical generator has two main generators and one auxiliary generator, the
three of them using diesel engines (…)
2.- INSPECTION
I went in the company of Mr. TZANAVARAS ELIAS, who is the Head of Machinery
477
since 15 months ago. I carried out a visual inspection on the machines, most of which
are insured. (…)
3.- CONCLUSIONS
The running aground did not occur because of any fault in the machinery. As the Captain
of the Steamship relates, at the time of departure the engine was stopped without any
problem. (…)
Truly yours,
(signed)
Navy Lieutenant MIGUEL RAMIREZ ARIAS
Registered Naval Expert
478
Annex 137
NOTE N° 71/33, FROM THE COLOMBIAN CONSULATE IN KINGSTON,
JAMAICA, TO THE COLOMBIAN FOREIGN MINISTER, 4 AUGUST 1972
(Archives of the Ministry of Foreign Affairs of Colombia)
CONSULATE OF COLOMBIA
KINGSTON, JAMAICA
4 August 1972
No. 71-33
Mr.
Minister of Foreign Affairs
Bogotá
Subject: Request of permission to fish in the Cays of Serrana and Roncador.-
Mr. Minister,
In order that the required measures are taken, I am pleased to inform you that the US citizen,
born in Jamaica, Mr. Louis Elliott, Manager and CEO of the company Epco Fishing
Industry Limited, from this city, is requesting from the Government of Colombia permission
to fish lobster and scaly fish in the Cays of Serrana and Roncador.
The fishing operation would start in the 15th of January next, comprising six vessels of
55 tons (78 tons gross), each of them having a Captain and a crew of eight men. The
product of the fishing will be brought to Jamaica in order that it is transported by sea to
the markets of the United States.
The person in question has presented at this Consulate a communication from the State
Department of the United States where the US Government grants him permission to fish
in the above mentioned areas, within a 12 mile zone measured from the low-water mark
of the said Cays. In the third paragraph of the communication from the US Department,
a photocopy of which is attached for better understanding of that Ministry, the following
can be read: “You will also be informed that the Cays of Roncador and Serrana are also
claimed by the Government of the Republic of Colombia. However, that Government
479
has agreed not to interfere with the fishing of the citizens and vessels of the United States
in the waters appurtenant to those Cays.”
Mr. Elliot mentioned to me, and confirmed it in writing, that he intends to build a wooden
hut with a zinc roof in one of the Cays, so that in cases of heavy rain or hurricane the
sailors have a place to shelter.
The written request presented to this Consulate by this person is attached.
I remain from the Minister, truly yours,
(signed)
FRANCISCO FANDIÑO SILVA
Minister Plenipotentiary
Enclosed:
Communication by Mr. Elliott
Communication from the US Department of State
480
Annex 138
COLOMBIAN NAVY RESOLUTION N° 282, 10 JULY 1975
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENSE
NATIONAL NAVY
MARITIME AND PORT DIRECTORSHIP OF THE COLOMBIAN NAVY
RESOLUTION NUMBER 000282 OF 10 JULY 1975
By virtue of which Resolutions Nos. 0039 of 1972 and 066 of 1974 are amended and
jurisdictional limits are established for the Port Captaincies.
THE MARITIME AND PORT DIRECTOR-GENERAL,
in exercise of his legal powers, in particular those granted to him under Legislative
Decree No. 2349 of 1971, and,
WHEREAS:
It is necessary to determine the limits of the territorial jurisdiction of the Port Captaincies
and to identify those Captaincies of Second Degree, which will depend from Captaincies
of the First Degree.
RESOLVES:
ARTICLE 1o.- The Port Captaincies along the Atlantic coastline will exercise their jurisdiction
within the territory comprised by the following limits, in the manner indicated
below:
1. PORT CAPTAINCY OF “PUERTO LOPEZ”
(…)
2. PORT CAPTAINCY OF ‘MANAURE’
(…)
481
3. PORT CAPTAINCY OF ‘RIOACHA”
(…)
4. PORT CAPTAINCY OF “SANTA MARTA”
(…)
5. PORT CAPTAINCY OF “BARRANQUILLA”
(…)
6. PORT CAPTAINCY OF “CARTAGENA”
(…)
7. PORT CAPTAINCY OF “COVEÑAS”
(…)
8. PORT CAPTAINCY OF “TURBO”
(…)
9. PORT CAPTAINCY OF “SAN ANDRÉS”
In the Island of San Andrés, the Cays of Alburquerque and those of East-Southeast
(Bolívar)
10. PORT CAPTAINCY OF “PROVIDENCIA”
In the Island of Providencia, the Cays of Roncador and Quitasueño, the Cays of Serrana
and Serranilla, the Alicia Bank, Bajo Nuevo and the Bank of Rosalinda.
(…)
ARTICLE 4o.- The Port Captaincies will exercise their powers and duties in the jurisdictional
waters, boundary rivers usable for navigation, coasts, shores and Ports of the
Republic within the geographical limits laid down in the present Resolution.
ARTICLE 5o.- For the purposes of Chapter V of Legislative Decree No. 2349 of 1971,
the Port Captaincies of Second Degree will depend from the Port Captaincies of First
Degree in the following manner:
(…)
b) To the Port Captaincy of Cartagena the Port Captaincies of:
482
Coveñas
San Andrés
Providencia
Carreño
(…)
ARTICLE 6o.- In case of conflicting jurisdictions, the Maritime and Port Directorship
will decide.
ARTICLE 7o.- The maritime areas defining the limits of this Resolution are those established
by the geographic coordinates shown in Nautical Chart N.O. 24036 for the
Atlantic and N.O. 21033 for the Pacific.
ARTICLE 8o.- This Resolution is applicable as of the time it is issued.
TO BE COPIED, PUBLISHED AND EXECUTED.
Given in Bogotá, D.E., on 10 July 1975
(signed)
Rear Admiral GUIDBERTO BARONA SILVA
Maritime and Port Director-General
(signed)
CARMEN ELENA DE ANZOLA
Secretary-General
Maritime and Port Directorship
CHM./gcs.
483

Annex 139
RESOLUTION N° 16 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 12 JANUARY 1977
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENSE
NATIONAL NAY
MARITIME AND PORT DIRECTORSHIP OF THE COLOMBIAN NAVY RESOLUTION
NUMBER 000016 OF 12 JANUARY 1977
By virtue of which permission is granted to Doctor ALEJANDRO LONDOÑO
GARCÍA to carry out operations of scientific, experimental and commercial fishing
with a vessel under a foreign flag in Colombian waters and a security is provided for.
THE MARITIME AND PORT DIRECTOR-GENERAL,
in exercise of his legal powers, and,
WHEREAS:
Doctor ALEJANDRO LONDOÑO GARCÍA, Fishing Biologist registered under No.
009 with the Institute for the Development of Natural Renewable Resources (INDERENA)
has requested authorization in order to conduct scientific, experimental and commercial
fishing activities of lobster in Colombian waters appurtenant to the Island of San
Andrés and Providencia and adjacent areas with Motor ship “MISS GENELLE”, flying
the Nicaraguan flag;
The particulars of the said Motor ship are as follows:
NAME: MISS GENELLE
TYPE: FISHING BOAT
Gross Tonnage: 70 T
Net Tonnage: 50 T
LENGTH: 64 feet and 5"
WIDTH: 18 feet and 6"
STANCHION: 9 feet and 6"
DRAFT: 8 feet
485
HULL: STEEL
ENGINE: CARTERPILLAR MODEL D 342 2 HP
RADIOTELEPHONE: S.S.B.
REGISTER: Nicaraguan
FLAG: Nicaraguan
The fishing program is divided into six areas corresponding to the Islands of San Andrés,
Providencia, Bank of Serrana and Serranilla, Roncador and Quitasueño, Cays of
Alburquerque East and Southeast, comprised between latitudes 12 N and 15 N and longitudes
80 W and 82 W.
The Institute for the Development of Natural Renewable Resources (INDERENA)
issued Resolution No. 1420 of 22 December 1976, authorizing Fishing Biologist Doctor
ALEJANDRO LONDONO GARCIA the use of the Motor ship of Nicaraguan flag
“MISS GENELLE” for a period of ninety days.
The Port of Operation of the Motor ship “MISS GENELLE” will be the Island of San
Andrés and its Maritime Agent is Mr. WISTON FRANCIS BERNARD, holder of
License No. 0043 issued by the Maritime and Port Directorship.
The Head of the Oceanography Division of the Maritime and Port Directorship gave a
favorable opinion on Fishing Biologist Dr. ALEJANDRO LONDONO GARCIA’s
request.
The legal and procedural requirements have been complied with and the Maritime and
Port Directorship is empowered by Decree No. 2349 of 1971 to issue this type of permissions.
RESOLVES:
ARTICLE 1o.- TO GRANT permission to Doctor ALEJANDRO LONDOÑO GARCÍA,
to undertake operations for scientific, experimental and commercial fishing with the
Motor ship “MISS GENELLE”, of Nicaraguan flag and with the particulars listed above,
in the described areas of the Archipelago of San Andrés and Providencia, with the exception
of the Island of San Andrés, for ninety (90) days.
ARTICLE 2o.- At the expiry of the said permission, doctor ALEJANDRO LONDOÑO
GARCÍA is to deliver to this Directorship a copy of the results obtained.
ARTICLE 3o.- Whenever it considers it convenient, the Maritime And Port Directorship
may send an Inspector on board of the Motor ship “MIS GENELLE” and in that event
doctor ALEJANDRO LONDOÑO GARCÍA will be responsible for the costs involved
with tickets, per diem, lodging and nourishment.
ARTICLE 4o.- To demand from doctor ALEJANDRO LONDOÑO GARCÍA, with
486
Registry Card No. 009 and Colombian ID No. 17.102.220 from Bogotá, a security
payable to the Maritime And Port Directorship for the amount of THREE HUNDRED
THOUSAND PESOS ($ 300.000.00), in order to cover the operation while the Motor
ship “MISS GENELLE”, of Nicaraguan flag, remains in Colombian waters, in compliance
with the legal provisions applicable to the Colombian Merchant Navy.
ARTICLE 5o.- This Resolution will be notified by the Secretariat of the Maritime And
Port Directorship, which will also forward a copy to the Institute for the Development of
Natural Renewable Resources (INDERENA), to the Port Captaincy of San Andrés,
Providencia. A copy will also be sent to the Archives of the Maritime and Port
Directorship.
ARTICLE 6o.- This Resolution is applicable as of the time it is issued.
TO BE COPIED, PUBLISHED AND EXECUTED.
Given in Bogotá, D.E., on 12 January 1977
(signed)
Rear Admiral MIGUEL CEDIEL NAVARRO
Maritime and Port Director-General
(signed)
Navy Captain JORGE GUERRERO ECHEVERRY
Secretary-General
487

Annex 140
RESOLUTION N° 169 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 29 MARCH 1977
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENSE
NATIONAL NAY
MARITIME AND PORT DIRECTORSHIP OF THE COLOMBIAN NAVY
RESOLUTION NUMBER 0000169 OF 29 MARCH 1977
By virtue of which the permission referred to in Resolution No. 00016 of 12 January
1977 is extended
THE MARITIME AND PORT DIRECTOR-GENERAL,
in exercise of his legal powers, and,
WHEREAS:
By means of a request dated 24 March 1977, Doctor ALEJANDRO LONDOÑO
GARCÍA, Fishing Biologist registered under No. 009 with the Institute for the
Development of Natural Renewable Resources (INDERENA), has requested an extension
of the permission granted under Resolution No. 00016 of 12 January 1977 to the
Motor ship “MISS GENELLE”, of Nicaraguan flag, until 11 June 1977, due to unforeseen
factors, in particular the bad weather registered in the research areas in San Andrés
and Providencia and appurtenant areas.
The legal and procedural requirements have been complied with and the Maritime and
Port Directorship is empowered by Decree No. 2349 of 1971 to issue this type of permissions.
RESOLVES:
ARTICLE1o- TO EXTEND until 11 June 1977 the permission granted to Doctor ALE-
489
JANDRO LONDOÑO GARCIA referred to in Resolution No. 00016 of 12 January
1.977, to undertake scientific, experimental and commercial fishing operations with the
Motor ship “MISS GENELLE” of Nicaraguan flag.
ARTICLE 2o.- This Resolution will be notified by the Secretariat of the Maritime and
Port Directorship, which will also forward a copy to the Institute for the Development of
Natural Renewable Resources (INDERENA), to the Port Captaincy of San Andrés,
Providencia. A copy will also be sent to the Archives of the Maritime and Port
Directorship.
ARTICLE 3o.- This Resolution is applicable as of the time it is issued.
TO BE COPIED, PUBLISHED AND EXECUTED.
Given in Bogotá, D.E., on 29 March 1977
(signed)
Rear Admiral MIGUEL CEDIEL NAVARRO
Maritime and Port Director-General
(signed)
Frigate Captain GUSTAVO ANGEL MEJÍA
Secretary-General
490
Annex 141
RESOLUTION N° 580 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 4 OCTOBER 1977
(Archives of the Colombian Navy)
Republic of Colombia
Ministry of National Defense
National Navy
Maritime and Port General Directorship
Resolution number 000580 of 4 Oct. 1977
Whereby a permit is granted to the “Compagnie Generale de Geophysique” to carry
out oil prospection works in Colombian jurisdictional waters, in areas of the
Archipelago of San Andrés and Providencia with the ship “Dauphin de Cherbourg”.
The Maritime and Port Director-General, in his legal capacity and those conferred by
Decree-Law 2349 of 1971, and
Considering:
That Mr. Francisco Soto Berardinelli, in his capacity as legal representative of the
“Compagnie Generale de Geophysique” has requested a permit in order for the Company
he represents to be able to carry out oil prospection works in Colombian jurisdictional
waters in areas of the Archipelago of San Andrés and Providencia, with the ship
“Dauphin de Cherbourg”, bearing the French flag.
That these oil prospection works will be carried out pursuant to an association agreement
with the Colombian Oil Company (ECOPETROL), in an area of thee thousand one hundred
(3,100) kilometers, in Colombian jurisdictional waters in areas of the Archipelago
of San Andrés and Providencia.
That the ship’s characteristics are the following:
(…)
That the National Institute of Renewable Natural Resources and Environment (INDERENA),
the Hydrocarbons Division of the Ministry of Mines and Energy and the
Oceanography Division of the Maritime and Port General Directorship have rendered
favorable opinions on the oil prospection works to be carried out.
491
That those works shall have a duration of two (2) months as of 3 October of the current
year.
Decides:
Article 1. To authorize, as he indeed authorizes, the “Compagnie Generale de
Geophysique”, to carry out the oil prospection works that the motive section of this resolution
describes, for the term of two (2) months as of 3 October 1977.
Article 2. The ship “Dauphin de Cherbourg”, of French flag, is also authorized to navigate
between the Ports of Providencia, San Andrés (Island), Cartagena, and the area of
operation within the authorized period.
Article 3. The “Compagnie General de Geophysique”, undertakes the following obligations:
1. To strictly comply with the provisions on this matter enshrined in Decree-Law 2349
of 1971 and other concordant provisions.
2. To strictly comply with the provisions of Decree No. 1895 of 1973 with regard to seismic
explorations at sea.
3. To provide transport, per diems, room and board for the officials designated by the
National Navy -Maritime and Port General Directorship, and the National Institute of
Renewable Natural Resources and Environment (INDERENA), to inspect the works.
4. To furnish authentic copies of the charts submitted with the request to the representatives
of the national entities, for controlling navigation.
5. To facilitate the inspectors’ access to all the information gathered on the ship and all
the ship’s locations.
6. To provide the Ministry of Mines and Energy all the information obtained from the
exploration.
7. To inform the National Institute of Renewable Natural Resources and Environment
(INDERENA), the Ministry of Mines and Energy and the Maritime and Port General
Directorship of the date of the arrival of the ship to the work area as well as of the start
of the works.
8. To indemnify the Nation and/or individuals for damages that might be caused as a
result of the works.
9. To submit a guarantee deposit in favor of the Maritime and Port General Directorship
in the amount of one million pesos (1’000,000.oo) legal tender, to account for cases of
492
contamination whether from the works or the ship the operation of which is hereby
authorized.
10. To inform the Captain of the ship and other persons involved in the operations on
the compliance with this resolution and norms of the Colombian Merchant Marine.
11. The authorized ship must have the adequate equipment for controlling oil contamination
in case a spill occurs during the operations.
Paragraph: In case of non-compliance or breach of some of the rules quoted above, the
penalty shall be the immediate cancellation of the present permit, without prejudice to
fines and other penalties ordered by law.
Article 4. In the absence of the inspector that supervises the works on behalf of the
Maritime and Port General Directorship, the Port Captains, as maritime authorities, shall
perform the respective controls.
Article 5. The Documenting Secretary shall notify the present resolution and send copies
thereof to the Ministry of Foreign Affairs, the Ministry of Mines and Energy, the
National Institute of Renewable Natural Resources and Environment (INDERENA), the
Port Captaincies of San Andrés and Providencia (Island), and the Customs General
Directorship.
Article 6. The present resolution is effective as of the date of its execution.
Be it copied, notified and complied with,
Issued in Bogotá, D.E., on 4 Oct. 1977
(Signed)
Rear Admiral Fernando Camacho Landinez
Maritime and Port Director-General
Lieutenant Alfonso Calero Espinosa
Secretary-General
Maritime and Port General Directorship
493

Annex 142
COLOMBIAN LAW N° 10 ON MARITIME SPACES, 4 AUGUST 1978
(Diario Oficial N° 34077, 18 August1978. p. 57)
Law 10 of 1978
(August 4)
whereby rules on Territorial Sea, Exclusive Economic Zone and Continental shelf are
set, and other provisions are issued
The Congress of Colombia
Decrees:
Article 1. The territorial sea of the Colombian Nation over which it exercises full sovereignty
extends beyond its mainland and insular territory and its internal waters up to a
breadth of 12 nautical miles or 22 kilometers 224 meters.
The national sovereignty also extends to the space situated above the territorial sea, as
well as to the seabed and subsoil of this sea.
Article 2. The ships of any State enjoy the right of innocent passage through the territorial
sea, pursuant to the rules of international law.
Article 3. The outer limit of the territorial sea is determined by a line drawn so that its
points are located at a distance of 12 nautical miles from the nearest points of the baselines
referred to in the following article.
Article 4. The normal baseline for measuring the breadth of the territorial sea shall be
the low-water mark along the coast. In places where the coast has deep openings or
indentations, or where there is a fringe of islands along the coast located in its immediate
vicinity, the measurement shall be taken from the straight baselines joining the relevant
points. The waters located between the baselines and the coast shall be considered
as internal waters.
Article 5. In gulfs and bays the natural entrance points of which are at a distance under
24 miles, the territorial sea shall be measured from a demarcation line joining the
referred-to points. The waters enclosed by that line shall be considered internal waters.
If the mouth of the gulf or bay exceeds 24 nautical miles, a straight baseline of that
495
length may be drawn within it, enclosing the maximum possible area of water.
Article 6. In rivers flowing directly into the sea, the baseline shall be a straight line
drawn across the mouth of the river between the points on the low-water line of its banks.
Article 7. Adjacent to the territorial sea, an exclusive economic zone the outer limit of
which shall extend up to 200 nautical miles, measured from the baselines from which the
breadth of the territorial sea is measured, is established.
Article 8. In the zone established in the preceding article, the Colombian Nation shall
exercise sovereign rights for the purpose of sovereign rights for the purpose of exploring
and exploiting, conserving and managing the natural resources, whether living or
non-living, of the seabed and its subsoil, and of the waters superjacent [to the seabed];
also, it shall exercise exclusive jurisdiction for scientific research and for the preservation
of the marine environment.
Article 9. Pursuant to this Law, the Government shall proceed to state the lines referred
to in the preceding articles on its mainland territory, on the Archipelago of San Andrés
and Providencia and other insular territories. They shall be published in the official nautical
charts, in accordance with the rules of international law on the matter.
Article 10. The sovereignty of the Nation extends to its continental shelf for the purpose
of exploring and exploiting the natural resources.
Article 11. The National Government is granted powers, for the term of twelve months,
as of the signing into law of this Law, to issue the provisions, reorganize the national
administrative entities and dependencies, or to create those which might be necessary, to
provide for the surveillance and defense of the Colombian maritime areas and achieve
the due use of the living and non-living natural resources located in them, for the benefit
of the needs of the Colombian people and the economic development of the country.
By virtue of these powers the National Government shall be enabled to contract loans,
make the necessary budgetary provisions and transfers that it deems fit.
Article 12. The provisions contrary to the present Law are derogated.
Article 13. This Law shall rule as of [the date of] its promulgation.
Issued in Bogotá, D.E., on 25 July 1978.
The President of the honorable Senate, Guillermo Plazas Alcid. The President of the honorable
Chamber of Representatives, Jorge Mario Eastman. The Secretary-General of the
honorable Senate, Amaury Guerrero. The Secretary-General of the honorable Chamber
of Representatives, Jairo Morera Lizcano.
496
Republic of Colombia - National Government
Bogotá, D.E., 4 August 1978.
Be it published and executed.
Alfonso López Michelsen
The Minister of Foreign Affairs, Indalecio Liévano Aguirre.
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Annex 143
COLOMBIAN MARITIME AND PORT GENERAL DIRECTORSHIP STUDY
OF MARITIME SIGNALING SYSTEM FUELED BY SOLAR ENERGY,
INCLUDING LIGHTHOUSES IN THE ARCHIPELAGO OF SAN ANDRÉS,
3 DECEMBER 1980
(Archives of the Colombian Navy)
National Defense Ministry
National Navy
Bogotá, 3 December 1980
Nº 031207R - DIMAR - DIVOC - 637
Subject: Study of Maritime Signaling System fueled by solar energy.
To: Mr. Rear Admiral
Maritime and Port Director-General
With regard to the study of the maritime signaling systems fueled by solar energy, I submit
to Mr. Rear Admiral, Maritime and Port Director-General, the analysis of the information
that this Division possesses in that respect:
(…)
II. Comparative study of the solar energy proposals submitted by the companies AGA
and TIDELAND.
(…)
Recommendation: Following a thorough study of all the aspects of the Solar Energy
Lighthouses and Buoys equipment, on the basis of the offers submitted by the companies
AGA of Sweden and TIDELAND of the United States, and based on the comparative
study attached hereto, it is suggested that the Maritime and Port General
Directorship should acquire the equipment offered by Tideland Signal Corporation.
Sincerely,
(Signed)
Lieutenant-Commander Gustavo Fajardo Mendez
Chief of the Oceanography Division
499
… [Comparative chart follows] …
Notes and explanations on the chart “Comparative study of the proposal for lighthouses
and buoys using solar energy, offered by the companies AGA of Sweden and TIDELAND
SIGNAL Co. of the United States”
The explanations refer to the letters and numbers shown on the chart.
(1) AGA-Lighthouses
Solar panels: For Bolivar Cay, 8 “Lucas” K-1219 solar panels, with crystal on both sides
are offered.
For the island of Providencia, 3 “Lucas” K-1219 solar panels.
For Low Cay, one “Lucas” K-1219 solar panel.
For Roncador and Bajo Nuevo, one “Lucas” K-1219 solar panel.
For Quitasueño and Serrana, 2 “Lucas” K-1219 solar panels.
For Serranilla, 6 Lucas solar panels, without specifying model.
For Alburquerque, 4 “Lucas” K-1219 solar panels.
(2) Tideland - Lighthouses
For Bolivar Cay, ten MG 650/6 solar panels with Pyrex glass on both sides.
For the rest of the lighthouses, six MG 650/6 solar panels, wired and fastened to a galvanized
base with its corresponding pedestal.
(3) AGA
For Bolivar Cay and Alburquerque a lead calcium battery of 24 volts D.C.
For the rest of the lighthouses, a lead calcium battery of 12 volts D.C.
(4) Tideland
For Bolivar Cay, 8 batteries of 6 volts D.C. V6CR with its corresponding galvanized
steel box.
500
For the rest of the lighthouses, 6 batteries for each one, of 6 volts V6CR type with its
corresponding galvanized steel box.
(5) AGA
For Bolivar Cay and Alburquerque, a PRB-46 type lamp, with VAZ light bulbs, sealed,
rotating without using gears.
For Providencia Island, LBEA-250 duplex lamp, with transistor-operated flash and double-
filament light bulb.
(6) Tideland
For Bolivar Cay, double ML-300 type lamp with six 12-volt light bulbs, 3 amperes for
each lamp with automatic lamp-changing system and transistor-operated flash. For the
rest of the lighthouses, ML-300 lamps with six 12-volt light bulbs, 3 amperes for each
lamp, with automatic lamp-changing system and transistor-operated flash
(…)
(16) Tideland
Offers for each device as a whole, a 1-year guarantee that can be extended to three, given
the weather conditions prevailing in the area of the cays. Individually, they assure us that
the batteries last for ten years and the set of six light bulbs for two years.
(17) AGA
The light reach of the AGA devices is the following:
Bolivar Cay: 26.8 nautical miles
Providencia Island: 16.3 " "
Low Cay: 9.5 " "
Roncador: 11.7 " "
Quitasueño: 14.0 " "
Serrana: 12.6 " "
Serranilla: 17.8 " "
Bajo Nuevo: 12.4 " "
Alburquerque: 20.7 " "
501
(18) Tideland
The light reach of the Tideland devices is the following:
Bolivar Cay: 18.0 nautical miles
Providencia Island: 15.0 " "
Low Cay: 15.0 " "
Roncador: 15.0 " "
Quitasueño: 15.0 " "
Serrana: 15.0 " "
Serranilla: 15.0 " "
Bajo Nuevo: 15.0 " "
Alburquerque: 15.0 " "
(…)
502
Annex 144
RESOLUTION N° 788 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 3 DECEMBER 1982
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENSE
NATIONAL NAVY
MARITIME AND PORT GENERAL DIRECTORSHIP
RESOLUTION No. 0788 OF 3 DECEMBER 1982
Authorizing GEOSOURCE EXPLORATION COMPANY to carry out seismic exploration
operations in Colombian waters
THE MARITIME AND PORT DIRECTOR-GENERAL
In exercise of his legal powers and,
CONSIDERING :
That Dr. ANDRÉS RODRÍGUEZ PIZARRO, acting as legal representative of the society
GEOSOURCE EXPLORATION COMPANY, has, by means of a written application
filed before this Directorship, requested authorization in order that the above mentioned
firm carries out seismic exploration works in several sectors of the Colombian coasts,
both Atlantic and Pacific, in the coordinates described in folios 7-40 of the dossier.
That the same person also requests authorization to operate the Motor-ship ‘GEOMAR
II”, flying the United States flag, in order to carry out the exploration work described
(…)
That the operations of seismic exploration will be conducted in three (3) sectors called:
1) Cays; 2) Caribbean and c) Pacific, which are described in the corresponding annexes,
covered by association contracts signed with the Colombian Oil Enterprise
“ECOPETROL” (Folios 80-83).
503
That the estimated term for these operations is twelve (12) months.
(…)
RESOLVES :
Article 1. Dr. ANDRÉS RODRIGUEZ PIZARRO is hereby recognized as the legal representative
of the firm GEOSOURCE EXPLORATION COMPANY.
Article 2. The society GEOSOURCE EXPLORATION COMPANY is authorized to
carry out exploration works on the Colombian coasts on the Atlantic and Pacific Oceans,
within the coordinates described in annexes 1, 2 and 3, which form an integral part of
the present Resolution, for a term of twelve (12) months.
Article 3. The society GEOSOURCE EXPLORATION COMPANY is authorized to
operate the M/N “GEOMAR II”, flying the United States flag, in the same authorized
areas and in between Colombian ports of the Atlantic and Pacific Oceans, for a term of
twelve (12) months.
Article 4. The society GEOSOURCE EXPLORATION COMPANY undertakes to comply
with the following:
(…)
5. To refrain from carrying out any operation or to place any installation to the west of
meridian 82 W, in the area of the cays of the Archipelago.
(…)
7. To subject itself to the military regulations in force in the area of the Archipelago of
San Andrés and Providencia.
8. To report to the Commander of the Special Command of San Andrés and Providencia,
based on San Andrés Island, about the installation of stations in Providencia and
Roncador, in the understanding that they are of a temporal nature.
(…)
Article 6. In addition to the other commitments it has entered into, the society
GEOSOURCE EXPLORATION COMPANY shall inform the Port and Maritime
Directorship, with five (5) days of notice, the date of arrival of the ship to Colombian
waters, in order to appoint the Inspector who will oversee the operations.
Article 7. The present Resolution will be notified, via the Secretary-General, and copies
of the same will be passed onto: Command of the Naval Force of the Atlantic, Command
of the Naval Force of the Pacific, Special Command of San Andrés and Providencia, Port
Captaincies of San Andrés, Providencia, Bahia Portete, Riohacha, Santa Marta,
Barranquilla, Coveñas, Turbo, Buenaventura, Tumaco, Guapi, Bahía Solano, the
National Institute of Renewable Natural Resources and the Environment “INDERENA”,
504
the Ministry of Mining and Energy and the National Division of Customs.
Article 8. The present Resolution will be in force on the date it is notified and is subject
to appeal and revision. The latter proceedings that may be instituted in writing within
five (5) working days following its notification.
TO BE NOTIFIED AND EXECUTED.
Given in Bogotá, on 13 December 1982
(signed)
Rear Admiral JUAN PABLO HERRAN HERNANDEZ
Port and Maritime Director-General
(signed)
JOSE VICENTE CUARTAS VALENCIA
Secretary-General (acting)
Maritime and Port General Directorship
505

Annex 145
HISTORICAL LOG, ARC PEDRO DE HEREDIA, JULY 1983
(Archives of the Colombian Navy)
22-July-1983
Set sail
The unit sets sail to Albuquerque Cay to relay the marine infantry personnel; at
2212:00R begins the search and rescue of the motorboat “Marenostrum”, which is drifting.
2219:00 R the tow maneuver starts and the cove is initiated.
507

Annex 146
HISTORICAL LOG, ARC CALDAS, JUNE 1986
(Archives of the Colombian Navy)
4-June-1986
Oroper (Order of Operation) S&R
The unit heads to Quitasueño to carry out the search and rescue the sailboat It is a
Paradise. Two castaways are rescued: Donald Campbell and Brigitte Campbell.
509

Annex 147
RESOLUTION N° 1162 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 14 NOVEMBER 1986
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY MARITIME AND PORT GENERAL DIRECTORSHIP
Resolution Number 1162 of 19-- (14 NOV. 1986)
By means of which operation permit is granted for fishing expeditions in Colombian
jurisdictional waters to the fishing motorboat called “CASAO NAO” of North-
American flag.
THE MARITIME AND PORTS DIRECTOR-GENERAL
In use of his legal faculties and,
CONSIDERING:
That according to the exchange of notes between the Government of Colombia and that
of the United States of America, related to the latter’s fishing rights in Colombian territorial
waters, based upon the Vázquez-Saccio treaty of 1972 (September 8) that entered
into force since the 1st of May 1984. The Border Division of the Ministry of Foreign
Affairs, has requested from this General Directorship the issuance of an operation permit
for fishing expeditions of the motorboat “CASAO NAO”, of North-American flag,
in the zone of Quitasueño, Roncador and Serrana.
That the National Institute for Natural Renewable Resources and the Environment
INDERENA has granted the fishing patent No. 1497 valid through the 31st of December
1986.
That the Law Decree 2324 of 1984 submits to the jurisdiction of the Maritime and Port
General Directorship all the ships that navigate Colombian jurisdictional maritime
waters.
RESOLVES:
ARTICLE 1 - Authorize the operation in the zone of the Quitasueño, Roncador and
Serrana Cays, of the fishing motorboat called “CASAO NAO” of North-American flag.
ARTICLE 2 - The present operation permit is valid through the 31st of December 1986,
511
date of validity of the fishing patent No. 1497 issued by the INDERENA.
ARTICLE 3 - The owner of the fishing motorboat called “CASAO NAO” of North-
American flag, is responsible for the fulfillment of the rules of the Colombian Merchant
Navy, as well as those established for the prevention and conservation of the maritime
environment, while the aforementioned ship remains in Colombian jurisdictional waters.
ARTICLE 4 - In case of violation of the aforementioned rules, the Maritime and Port
General Directorship shall proceed to the immediate cancellation of the present permit.
ARTICLE 5 - The Ministry of Foreign Affairs shall be commissioned for the notification
and fulfillment of this ruling, a copy of the present resolution shall be sent to the
Captaincy of the Port of Cartagena, to the Navy Command in the Atlantic, to the Specific
Command of San Andrés and Providencia, to the Captaincies of the Ports of San Andrés
and Providencia and to the National Institute for Natural Renewable Resources and the
Environment INDERENA.
ARTICLE 6 - This Resolution is in force since the date of its issuance and against it proceeds
the revision appeal which may be requested in written form during the five (5)
working days following its notification.
BE IT KNOWN TO ALL AND COMPLIED WITH
Issued in Bogota D.E., on 14 NOV. 1986
(Signed)
Rear-admiral GUSTAVO ÁNGEL MEJÍA
General Maritime and Port Director
(Signed)
Captain JESUS A. CORTES RINCON
Secretary-General
Maritime and Port General Directorship
512
Annex 148
RESOLUTION N° 1039 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 11 AUGUST 1987
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY
MARITIME AND PORT GENERAL DIRECTORSHIP
Resolution Number 1039 of 19-- (11 AUG. 1987)
By means of which operation permit is granted for fishing expeditions in Colombian
waters to the fishing motorboat called “LUCAS” of Panamanian flag.
THE MARITIME AND PORTS DIRECTOR-GENERAL
In use of his legal faculties and,
CONSIDERING:
That the Food and Fishing Company Ltd. -COAPESCA LTDA.-, has requested from this
General Directorship authorization to operate the fishing motorboat called “LUCAS” of
Panamanian flag in the zone of the Atlantic Ocean, in San Andrés and Providencia, only
in the Rosalinda Cay, Serranilla Bank and Bajo Nuevo.
That the National Institute for Natural Renewable Resources and the Environment
“INDERENA” has granted the fishing patent No. 0007 valid through the 30th of June
1988, to practice lobster fishing, only in the islands located to the north of the
Archipelago of San Andrés and Providencia.
That the characteristics of the fishing motorboat are the following:
NAME: “LUCAS”
FLAG: Panamanian
LENGTH: 13.72 meters
BREADTH: 4.27 meters
DEPTH: 1.52 meters
HULL: Fiberglass
GROSS TONNAGE: 28.74 tons
513
NET TONNAGE: 16.34 tons
PROPULSION: Engine Diesel Detroit-400 HP.
LICENSE No.: 15984-87
That Decree 1862 of 1967 (4th October) in its article 4º states that in order to carry out
fishing expeditions in Colombian jurisdictional waters the requirements established by
the Legislation of the Colombian Merchant Navy must be fulfilled.
That the Law Decree 2324 of 1984 submits to the jurisdiction of the Maritime and Port
General Directorship all the ships that navigate Colombian jurisdictional maritime
waters.
That taking into account the activities to develop it is considered that there is no legal
impediment to agree to what’s requested by granting an operation permit for the same
duration as the established in the fishing patent No. 0007 issued by the National Institute
for Natural Renewable Resources and the Environment INDERENA.
RESOLVES:
ARTICLE 1 - Authorize the Food and Fishing Company Ltd. -COAPESCA LTDA.-, to
operate the fishing motorboat called “LUCAS”, of Panamanian flag in the zone of the
Islands located to the north of the Archipelago of San Andrés and Providencia, for lobster
fishing.
ARTICLE 2 - The present operation permit is valid until the 30th of June 1988, date of
validity of the fishing patent No. 0007 issued by the INDERENA.
ARTICLE 3 - The Food and Fishing Company Ltd. -COAPESCA LTDA.-, is responsible
for the fulfillment of the rules of the Colombian Merchant Navy while the fishing
motorboat called “LUCAS”, of Panamanian flag stays in jurisdictional Colombian
waters. To guarantee the aforesaid it shall constitute a banking guarantee or insurance
policy in the amount of FIVE HUNDRED THOUSAND PESOS ($500.000.00), on
behalf of the Maritime and Port General Directorship valid through the 30th of
September 1988.
ARTICLE 4 - The Food and Fishing Company Ltd. -COAPESCA LTDA.-, shall constitute
a banking guarantee or insurance policy on behalf of the Maritime and Port General
Directorship, in the amount of FIVE HUNDRED THOUSAND PESOS ($500.000.00),
valid through the 30th of September 1988, to respond for the damages caused by the possible
contamination that may appear during the operation authorized to the fishing
motorboat called “LUCAS” of Panamanian flag in Colombian jurisdictional waters.
PARAGRAPH. - The policies referred to in articles 3 and 4 above, must be presented in
the Captaincy of the Port of Cartagena, no later than ten (10) days after the date of execution
of this ruling, attaching the receipt of payment of the corresponding premium, in
514
case of failure to the latter the Port Captain shall abstain from issuing the corresponding
sail permit.
ARTICLE 5 - In case of violation of the aforementioned rules it shall be submitted to the
respective sanctions among which the immediate termination of the present permit.
ARTICLE 6 - For its notification and fulfillment a copy of the present resolution shall
be sent to the Captaincy of the Port of Cartagena, as well as another copy to the Navy
Command in the Atlantic, to the Specific Command of San Andrés and Providencia, to
the Captaincies of the Ports of San Andrés and Providencia and to the National Institute
for Natural Renewable Resources and the Environment INDERENA.
ARTICLE 7 - This Resolution is in force since the date of its issuance and against it proceeds
the revision appeal which may be requested in written form during the five (5)
working days following its notification.
BE IT KNOWN TO ALL AND COMPLIED WITH
Issued in Bogota D.E., on 11 AUG. 1987
(Signed)
Rear-admiral GUSTAVO ÁNGEL MEJÍA
General Maritime and Ports Director
(Signed)
Captain ALBERTO CHARRY SAMPER
Secretary-General
515

Annex 149
HISTORICAL LOG, ARC INDEPENDIENTE, OCTOBER 1988
(Archives of the Colombian Navy)
Monday, 3rd October 1988
The unit anchors in the Bay of El Cove for the time of the operation. Meanwhile, the
search and rescue of the motorboat “Lianett” was carried out with positive results but in
the end, a tow maneuver was not needed because the motorboat had its failure almost
repaired and informed not to need it.
The motorboat “Captain Wilson”, which, according to their own statement, had been
stolen by two Nicaraguan crewmembers to escape from the said country, was seized.
By order Sr CESYP the motorboat was released and escorted towards Honduras up to
the 82 W Meridian.
Support for the repair and maintenance of the equipments was given in the cays.
517

Annex 150
RESOLUTION N° 1565 OF INDERENA, 29 DECEMBER 1989
(Archives of INDERENA, under custody of IDEAM)
INDERENA
[Colombian National Institute for Renewable Natural Resources and the Environment]
Resolution No. 1565 of
(29 Dec. 1989)
Whereby the permit granted by Resolution 1097 of 1987 is extended.
The General Manager of INDERENA, in his legal and statutory capacities,
Considering:
That Mr. Armando Basmagi Pérez, identified with citizen’s ID No. 15.242.050 of San
Andrés Island, in his capacity as proprietor of the company called “Pesquera King Crab”,
as accredited by the certificate issued by the Chamber of Commerce of San Andrés and
Providencia Islands attached to the file, in written request submitted to INDERENA asks
for the extension of the permit to carry out capture, processing and commercializing
activities, granted by Resolution 1097 of 8 October 1987.
(…)
That with the purpose of processing the request, the Secretariat of the Legal Office, by
memorandum 596 of 7 September 1989, submitted the file 064-87 to the Sub-management
of Fishing and Land Fauna - Fishing Development Administrative Division, in
order for it to render the corresponding technical opinion.
That the aforesaid Dependency, issued the technical report contained in pages 195 to 198
of the file 064-87, considering that it is feasible to grant the requested permit, within the
parameters established by the same opinion, which are set out in the operative part of this
Resolution.
(…)
Article 1. To extend within the parameters set by this decision, the permit granted by
Resolution 1097 of 1987, to Mr. Armando Basmagi Pérez, identified with citizen’s ID
519
No. 15.242.050 of San Andrés Island, proprietor of the company called “Pesquera King
Crab”.
In the same terms, the activities plan submitted is ratified.
(…)
Article 3. Type of fishing
Basic: Lobster, conch and white fishing.
Collateral: Does not have any.
(…)
Article 5. Fishing Crafts and Methods
For the activity of white fishing, it [the company] can use hydraulic rods for the use of
lines with 15 to 20 bass-type hooks, each.
(…)
For conch fishing, it shall use the method of free diving. Each vessel shall be able to
employ up to 15 divers.
(…)
Article 8. Capture quota
In accordance with the report submitted by the permit holder on the fishing production
during its initial term, it was considerably under the quota initially granted.
In view of the above, the yearly capture quota per motor-vessel assigned for the permit’s
extension is the following:
White fishing Fifty (50) tons/year
Lobster (tail) Twenty (20) tons/year
Conch (meat) Twenty (20) tons/year
(…)
Article 9. Fishing Area.
It [the company] may carry out fishing activities in the area of the lesser islands of the
north of the Archipelago of San Andrés and Providencia. It shall not fish in the zones of
natural parks, natural reserves, zones reserved for artisanal fishing, or in Alburquerque,
Bolivar Cay, Santa Catalina, Providencia and San Andrés.
In Quitasueño, it may not fish for conch (Agreement 028 of 1987); moreover, it must
comply with the provisions of Agreement 085 of 1988 and other rules in force.
(…)
Article 11. Processing
The permit holder may process the product captured with his motor-vessels and that
bought from artisanal fishermen or extracting companies with current permits from
520
INDERENA at his plant, following the methodology described in the activities plan
(pages 44 to 50, file 064-87). In addition to the species authorized in Article 4 of this
Resolution, he may process shrimp, of the Penaeus family, that are bought from companies
with current permits from INDERENA to fish for shrimp in shallow waters.
(…)
Article 13. Reports
The holder of the present permit must submit to INDERENA’s San Andrés Section and
Bolivar Regional Office’s Fishing Project in Cartagena, a quarterly report on the activity,
with regard to the production of each authorized species that has been obtained and
processed. When an extension of the permit is requested, he must annex a general report
containing the aforesaid parameters, referred to the term of the same.
Article 14. INDERENA reserves the right to assign one or more officials aboard the
authorized vessels, in order for them to supervise the fishing activities, with the purposes
of verifying the compliance with the approved activities plan, or this Resolution’s provisions
and other rules in force concerning fishing.
The captains of the vessels are under the obligation to admit aboard, the official or officials
authorized by INDERENA for that action.
(…)
Article 15. The permit holder must keep an inventory book, duly registered with
INDERENA (Article 98 of Decree 1681 of 1978).
Article 16. Any change or addition to the activities plan must be submitted to
INDERENA’s consideration and approval.
Article 17. The permit granted as well as the quota assigned, are non-transferable.
Therefore, the permit holder must notify INDERENA of his decision to forfeit them
(Article 151 of Decree 1681 of 1978).
Article 18. The present permit is granted for a term of two (2) years, as of the date of
this Resolution’s entry into force and is subject to extension, following a request in writing,
delivered to INDERENA in person by its holder or his representative, within two (2)
months prior to its expiration and taking into account the provisions of Article 13 of this
Resolution.
Article 19. The permit holder must deposit at INDERENA’s General Treasury, the
amount of the fee for the extended permit (Agreement 94 of 1988) and submit the corresponding
receipt for it to be annexed to the file; indispensable requirement to make use
of the permit hereby granted.
Article 20. Causes for revoking the present permit are non-compliance with the provisions
of this Resolution, and those established in Article 194 of Decree 1681 of 1978,
521
without prejudice to the imposition of other applicable penalties, pursuant to the same
Decree.
Article 21. Through the Secretariat of the Legal Office, copy of this Resolution is to be
submitted to the San Andrés Islands Section, to the regional Directorship of Bolivar and
to the Chief of the Fishing Project of the same Regional, to verify its strict compliance.
Also, for their information, copies are to be sent to the Sub-Management of Fishing and
Land Fauna, to the Fishing Development Administrative Division, Maritime and Port
General Directorship - DIMAR, to the Port Captaincy of Cartagena and to the Health
Section of San Andrés Islands.
(…)
Be it notified and complied with.
29 Dec. 1989
(Signed) (Signed)
Germán García Durán Sergio Octavio Gaviria Trespalacios
General Manager Secretary-General
File 064-87 - Armando Basmagi Pérez “Pesquera King Crab”
NCA.leaa -
522
Annex 151
RESOLUTION N° 140 OF INDERENA, 27 JUNE 1990
(Archives of INDERENA, under custody of IDEAM)
REPUBLIC OF COLOMBIA
MINISTER OF AGRICULTURE
Executive Resolution no. 0140 June 27th 1990
“By means of which is approved the Agreement no. 0017 of the 8th May 1990 of the
Directive Board of the National Institute for Natural Renewable and Environmental
Resources - INDERENA”
The President of the Republic of Colombia in use of the legal and statutory faculties contained
in subsection c) of the Class A functions of Article 14 of the Agreement no. 45 of
1977, approved by Decree no. 2683 of 1977 and
CONSIDERING:
That the Directive Board of the National Institute for Natural Renewable and
Environmental Resources - INDERENA -, EXERCISING THE FUNCTIONS
BESTOWED UPON IT BYTHE Article 14, functions Class Aof the Statutes of INDERENA
and those conferred by subsections i) and f) of article 134 of the Decree 501 of
1989, approved the Agreement no. 0017 of the 8th May 1990, “by means of which regulatory
measures for the fishing activities in the Archipelago of San Andrés and
Providencia and in special in the Area of the Vázquez-Saccio Treaty of 1972 are established”
RESOLVES:
Article 1st.- Approve the Agreement no. 0017 of the 8th May 1990 of the directive board
of the National Institute for Natural Renewable and Environmental Resources - INDERENA-,
whose text is as follows:
“REPUBLIC OF COLOMBIA
MINISTER OF AGRICULTURE
523
NATIONAL INSTITUTE FOR NATURAL RENEWABLE AND ENVIRONMENTAL
RESOURCES INDERENA
AGREEMENT No. 0017 of May 8th 1990
“By means of which regulatory measures for the fishing activities in the Archipelago of
San Andrés and Providencia and in special in the Area of the Vázquez-Saccio Treaty of
1972 are established”
The Directive Board of the Institute for the Development of Natural Renewable
Resources, INDERENA in use of its legal and statutory faculties, and
CONSIDERING
That in conformity with subsections i) and f) of Article 134 of the Decree 501 of 1989,
in accordance with Article 3 of the Decree 1681 of 1978, competence was assigned to
the INDERENA for the administration and management of the hydro-biological
resources.
That subsection s) of Article 5 of the Agreement 45 of 1977 approved by the Decree
2683 of 1977, states among the functions of the Institute, the issuance of the regulations
needed for the rational use, protection and management of the natural resources.
That subsection c), of the class A functions, of Article 14 of the Agreement 45 of 1977,
establishes that it corresponds to the Directive Board of the INDERENA, to reserve a
part or the whole of the natural renewable resources of an area to perform restructuring,
conservation or preservation programs of those resources and the environment.
That Law 52 of 1973 approved the Treaty between the Government of the Republic of
Colombia and the Government of the United States of America, relative to the situation
in Quitasueño, Roncador and Serrana.
That in the meeting of consultation on the matters relative to the Vázquez-Saccio Treaty
of 1972, concluded in the city of Washington during the days of 5 and 6 October 1989,
the Government of Colombia explained to the Government of the United States of
America the scientific grounds of the measures of conservation for the fishing resources
of the waters of the Treaty, established by the Government of Colombia through the
Agreement No. 0085 of 1988.
That in the Joint Statement of the Governments of the Republic of Colombia and the United
States of America on the measures of conservation of the fisheries in the areas of the treaty
adjacent to Quitasueño, signed during the meeting held in the city of Washington during the
days of 5 and 6 October 1989, it was decided to continue with the ban on the fishing of the
Queen Conch Strombus Gigas agreed upon by the governments on 23 January 1987, which
had been established through the Agreement No. 0028 of 5 May 1987.
524
That the said measures were revised jointly by the delegates of the two governments,
who made the adjustments they found appropriate.
That the delegates of the two governments agreed through the Act and Joint Statement
to apply, indiscriminately, the measures of conservation of the fisheries in the waters of
the Treaty.
That the mollusks known by the following vernacular names in Spanish: cobo, caracol
de pala, carrucho, caracol; and in English: conch, pink-conch, queen conch, bull conch
and broad leaf conch and whose scientific name is Strombus (Tricornis) gigas, Linneaus,
has been subject to excessive commercial use in the area of the Archipelago of San
Andrés and Providencia, a scarcity of this resource being detected.
That the biological studies performed have demonstrated that the conch is an organism
with a slow growth, lasting approximately three and a half (3 ½) years to get to its state
of sexual maturity.
That according to the existing knowledge about the species Strombus (Tricornis) gigas,
Linneaus, it has been established that for the Archipelago of San Andrés and
Providencia, the period of higher spawning occurs between the months of July and
September.
That the decapod crustaceans known by their vernacular name in Spanish as langosta
espinosa and in English as “spiny lobsters” correspond to the species Panulirus argus,
Latreille and Panulirus Laevicauda, Latreille, are organisms of slow growth and late
sexual maturity.
That in the light of the motives just mentioned a regulation to avoid the overfishing of
these species is needed.
That by not establishing regulatory measures for the use of the said species, their fishery
could collapse in the short term, with the pursuant biological and socioeconomic effects.
That the use of equipments for autonomous and semi-autonomous scuba diving would
reduce even more the populations of conch and lobster in the Archipelago of San Andrés
and Providencia and would increase the risks of social security of the diver who carries
out the activity with the said equipments.
That the habitat of the aforementioned species is formed by isolated banks and coral
reefs.
That regardless the impression of abundance that may indicate the little exploited stocks,
the density of the resources is relatively low in the area and its ecological balance is quite
fragile.
525
AGREES:
TITLE FIRST
PROVISIONS ON THE MANAGEMENT OF THE QUEEN CONCH
Strombus (Tricornis) gigas, Linnaeus
ARTICLE FIRST: To continue with the fishing ban of the queen conch in the area of the
Quitasueño Bank in an extension of 4.189 Km2 which shall be determined by the following
coordinates: 81°0' to 81°30' longitude West and 14°0' to 14°40' Latitude North.
PARAGRAPH: The period of the ban shall be extended until the scientific studies
demonstrate a comprehensive recovery of this species.
ARTICLE SECOND: The fishing ban for the Queen Conch established in the area of the
Archipelago of San Andrés and Providencia, different from the established in Article 1
of the present Agreement, shall be executed during the period comprised between the 1st
July and the 30th September of every year.
ARTICLE THIRD: Forbid the catch, the possession on board of the vessels, in the processing
plants and/or in the stores, of juvenile specimens of the queen conch, whose
weight is less than 225 grams without cleaning or 10 grams once cleaned; weight that
corresponds to the animal’s muscle (meat).
TITLE SECOND
PROVISIONS ON THE MANAGEMENT OF THE SPINY LOBSTER
Panulirus argus and P. Laevicauda, Latreille
ARTICLE FOURTH: Forbid the extraction, processing and commercialization of specimens
of the spiny lobster which have a tail shorter than 14 centimeters.
PARAGRAPH: The measure of the tail shall be taken from the higher front border of the
first abdominal metameter (segment) until the rear border of the telson, including the
swimming membrane.
ARTICLE FIFTH: Forbid the catch, possession and/or commercialization of females
carrying eggs, or females whose eggs have been removed by force, of the spiny lobster.
TITLE THIRD
GENERAL PROVISIONS
ARTICLE SIXTH: Forbid the use of autonomous and/or semi-autonomous scuba diving
equipment (tanks and/or air hoses), as well as the use of gill nets and/or trammel nets of
monofilament nylon (or other similar synthetic materials), for the extraction of the
hydro-biological resources.
526
PARAGRAPH: It is equally forbidden to have on board the equipment and fishing
devices to which the present Article refers.
ARTICLE SEVENTH: Any company that gets a permit wherever its headquarters may
be, shall report to the Sectional San Andrés Island, the fishing information that refers to
the regulated area, according to what’s established in the annexed forms, which are an
integral part of the present Agreement.
ARTICLE EIGHTH: The reports on the fishing activity carried out by the American vessels
under the Vázquez-Saccio Treaty of 1972, shall be registered in the annexed list of
journey reports. The lists shall be filled and forwarded to the competent authority of the
Colombian Government, the 31st December of the year of validity of the fishing patent
to the latest.
ARTICLE NINTH: Forbid the operation of any factory vessel, which is understood to be
a vessel that process, transforms and/or packs on board the hydro-biological resources.
ARTICLE TENTH: The failure to comply with the provisions of the present Agreement,
shall entail the confiscation of the products, instruments and equipments used in the
extraction of the resource and in the revocation of the sanctions foreseen in the legal
rules that regulate the matter.
PARAGRAPH: The failure to comply with the provisions of the present Agreement, by
the vessels with a flag of the United States of America, that operate under the Vázquez-
Saccio Treaty, shall motivate the application of the measures foreseen in the Law 52 of
1973 and an annexed note about fishing rights.
ARTICLE ELEVENTH: The present Agreement abrogates in all its contents the
Agreements 0028 of the 5th May 1987 and 0085 of the 1st December 1988.
ARTICLE TWELFTH: This Agreement for its validity requires the approval of the
National Government and is in force since the date of the publication of the Executive
Resolution in the Official Journal.
BE IT KNOWN TO ALL, PUBLISHED AND COMPLIED WITH
PRESIDENT OF THE DIRECTIVE BOARD
SECRETARY OF THE DIRECTIVE BOARD
Article 2nd.- The present Resolution is in force since the date of its publication in the
Official Journal.
527
BE IT KNOWN TO ALL, PUBLISHED AND COMPLIED WITH
Made in Bogota, D.C. on the 27th June 1990
GABRIEL ROSAS VEGA
Minister of Agriculture
Published in the Diario Oficial N° 39.444 of 28 June 1990.
528
Annex 152
HISTORICAL LOG, ARC PEDRO DE HEREDIA, AUGUST 1990
(Archives of the Colombian Navy)
5 August 1990
Set sail
The unit sets sail to the west of Alburquerque to assist the crew of the motorboat Kunda
of Nicaraguan flag, which reported having run aground.
According to Oroper N° 44 CESYP/
529

Annex 153
RESOLUTION N° 1368 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 26 SEPTEMBER 1990
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY
MARITIME AND PORT GENERAL DIRECTORSHIP
Resolution Number 1368
(26 SEP. 1990)
By means of which operation permit is granted for fishing expeditions to the motorboat
“STAR CHIEF” bearing a flag of the United States of America in waters within
the scope of the 1972 Vázquez-Saccio Treaty.
THE MARITIME AND PORT DIRECTOR-GENERAL
In use of his legal faculties and,
CONSIDERING:
That by virtue of what has been established regarding the fishing rights of the United
States of America in the 1972 Vázquez-Saccio Treaty, in the Exchange of Notes of the
same year that is a part of it and in the exchange of Notes of 1983 statutory of the same
Instrument, in force since the 1st of March 1984, the Ministry of Foreign Affairs has
requested from this General Directorship and from the National Institute for Natural
Renewable Resources and the Environment “INDERENA”, the issuance of the corresponding
certificates (operation permit and fishing patent) for the motorboat “STAR
CHIEF” of North-American flag, with the aim of practicing fishing expeditions in the
waters comprised in the range of the Treaty that are adjacent to Quitasueño, Roncador
and Serrana.
That the National Institute for Natural Renewable Resources and the Environment “INDERENA”
has granted the fishing patent No. 65 valid through the 31st of December 1990.
That the Law Decree 2324 of 1984 submits to the jurisdiction of the Maritime and Port
General Directorship all the ships that navigate Colombian jurisdictional maritime waters.
531
RESOLVES:
ARTICLE 1 - Authorize the operation of the fishing motorboat called “STAR CHIEF”
of North-American flag, in the waters adjacent to Quitasueño, Roncador and Serrana, as
established by section 5 of the 1983 Exchange of Notes.
ARTICLE 2 - The operation permit is valid through the 31st of December 1990, date of
validity of the fishing patent No. 65 issued by the INDERENA.
ARTICLE 3 - The owner of the fishing motorboat called “STAR CHIEF” is responsible
for the fulfillment of the rules of the Colombian Merchant Navy, as well as the conservation
measures applied in conformity with the terms and statutory rules of the aforementioned
Treaty, while remaining in its waters.
ARTICLE 4 - In case of violation of the aforementioned rules, the Maritime and Port
General Directorship shall proceed in conformity with what has been established in the
Treaty on the matter.
ARTICLE 5 - The Ministry of Foreign Affairs shall be commissioned for the notification
and fulfillment of this ruling, a copy of the present resolution shall be sent to the Port
Captaincies of San Andrés and Providencia Islands, to the Navy Command in the
Atlantic, to the Specific Command of San Andrés and Providencia and to the National
Institute for Natural Renewable Resources and the Environment INDERENA.
ARTICLE 6 - The present resolution is in force since the date of its issuance and against
it proceeds the revision appeal which may be requested in written form during the five
(5) working days following its notification.
BE IT KNOWN TO ALL AND COMPLIED WITH
Issued in Bogota D.E., on
26 SEP. 1990
(Signed)
Vice-admiral MIGUEL GUILLERMO RUAN TRUJILLO
General Maritime and Port Director
(Signed)
Captain RAFAEL STEER RUIZ
Secretary-General
Maritime and Port General Directorship
532
Annex 154
DECISION OF THE COLOMBIAN MARITIME AND PORT GENERAL
DIRECTORSHIP OF 27 SEPTEMBER 1990
(Archives of the Colombian Navy)
Maritime and Port General Directorship of the Colombian Navy
Bogotá, D.E., 27 September 1990
WHEREAS:
A request has been received for reconsideration of the judgment delivered by the Port
Captaincy of San Andrés on 25 May 1990, supplemented by an order of 12 July 1990,
concerning the investigation concerning the wreckage on Roncador Cay of the ship M/N
NORDFELS, flying the Singapore flag. The above mentioned decision declared that the
M/N NORDFELS ran aground on 7 October 1989 at 03:30 hours on Roncador Cay, at
position Latitude 13°26 N Longitude 08°02 West[T.N.] [sic], in jurisdiction of San Andrés
and made a finding on the responsibility by fault of its Captain NABIL MANSI and its
Second Officer SIMUNKOVIC VICKO for the occurrence of the wreck, both of them
being bound to respond for the damages and costs resulting from the investigation and
defined as stated above.
THE FACTS:
The narrative of the facts can be extracted from the expert opinion filed by the Captains
Court, where the following description can be found: “The motor-ship NORDFELS left
Port-au-Prince (Haiti) on 4 October 1989, headed for Puerto Limon (Costa Rica). On 7
October at 00:00 hours the Second Officer, Mr. SIMUNKOVIC VICKO took over the
guard shift in the following conditions: Satellite navigator out of service - Radar in Stand
by - Good visibility - Status of the sea 3 - Intensity of the wind 3 - Estimated velocity
12,5 knots - Estimated position: Latitude 14° 06.5 North, Longitude 79° 02.5 West.
Direction 224. At 02:20 hours, he noticed two lights by the ship’s prow, one of them
fixed and the other blinking. Having consulted the list of lighthouses, he recognized the
lighthouse of Roncador.
[T.N.] This is clearly a typo. In paragraph A) of the reasoning section, the following coordinates are
given for the place where this incident took place, on Roncador Cay: Latitude 13° 31.50 North and
Longitude 80° 02.43 West.
533
At 02:30 hours he fixed the actual position with the radar and lighthouse markings, taken
with rotation repeater, and compared it with that of the radar, finding himself at 12 miles
by the 228° of the same. He then changed the direction to 210°. At 03:00 hours, he took
another position with the radar, using the lighthouse as a point of reference, finding it by
the 252 at 6 miles. He did not make any other change of direction and at 3:30 hours the
ship ran aground at Latitude 13° 31.56 North, Longitude 80° 02.43 West.
THE PROCEEDINGS:
Having regard to the protest submitted by Mr. NABIL MANSI, Captain of the M/N
NORDFELS (Page 6) the Port Captaincy of San Andrés, by an Order that can be found
in Pages (17) and (18) ordered the opening of an investigation and the production of the
necessary evidence in order to determine the facts.
In the same Providence the Captains Court was established, composed of Captain
JORGE EDGAR MENDOZA VELASQUEZ, Lieutenant LUIS GUTIERREZ
CALDERON and Captain JAIME ARTURO BARBOSA SANCHEZ.
The Act of the initial hearing conducted can be found in pages (21) to (26) of the case
dossier. In the first place, a statement by Mr. NABIL MANSI, Captain of M/N NORDFELS
is received (…).
Subsequently, a statement by the Second Officer onboard the M/N NORDFELS, Mr.
SIMUNKOVIC VICKO is received (…).
A statement is also received from Mr. IBEAITO ATANATI, sailor onboard the NORDFLES
(…)
In Pages (35) to (79) certain documentation pertaining to the ship are included (…)
In Pages (81) and (82) a preliminary report on the wreckage, presented by the Captains
Court can be found (…)
In Page (90) the Report by the Captains Court on the estimated damages and costs
involved can be found (…)
In Pages (107) to (111) an Expert Report on the wreckage of M/N NORDFELS, presented
by the Captains Court can be found. In this Report, after a detailed analysis of the circumstances,
the irregularities and flaws encountered and the position and location of the
ship, the Captains Court finds as follows on the responsibility for the wreckage: “There
can be no doubt as to that the responsibility for the wreckage lies in two persons. In the
first place, in the Captain Mr. NABIL MANSI, due to negligence, as evidenced by the
following elements: in the navigation log of its ship, having departed Port-au-Prince
(Haiti) on 5 October 1989, there is only one estimated position recorded on the 6th, without
indication as to the time when it was registered; to navigate with a general chart, in
534
circumstances that the required publications containing all the detailed information of
dangerous areas like the Archipelago of San Andrés and Providencia with its Islands and
Cays can be found in the general market; to allow having the radar in Stand by, instead
of maintaining careful vigilance with such a valuable equipment for navigation, and not
having operative the navigator by satellite; he was bound to keep permanently the ship’s
position by other means (at least at dawn, at noon and at sunset). The other person
responsible is Mr. SIMUNKOVIC VICKO, Second Officer on board (…)
Other documents annexed to the dossier can be found in Pages (112) to (129).
(…)
THE REASONING:
From the evidence produced the following facts can be clearly underlined:
1. On 7 October 1989, at 03:00 hours approximately, the ship M/N NORDFELS,
having left Port-au-Prince (Haiti) en route towards Puerto Limon (Costa Rica), ran
aground on Roncador Cay at a latitude 13° 31.50 North and Longitude 80° 0.2.43 West.
2. At the moment of the wreckage the guard was kept by the Second Officer in the
vessel, Mr. SIMUNKOVIC VICKO.
3. The ship M/N NORDFELS had a cargo of 2.331 metric tons of iron and general
cargo, including 7 metric tons of chemicals.
4. The fishing ships NAVEGANTE II and MARBELS gave assistance and support
to the M/N NORDFELS during the wreckage. The corresponding expenses were
acknowledged by the owners of the ship, as recorded in a Transaction Contract signed
by both parties, to an agreed amount of three million one hundred and eighty-eight thousand
and two hundred and four pesos with twenty cents ($ 3.188.204,20).
5. The transfer of the oil and the chemicals aboard the ship NORDFELS was carried
out in due course, without producing any contamination.
When considering the responsibility in the present case, this Court finds that the fault of
both the Captain and the Second Officer for the wreckage of the M/N NORDFELS has
been sufficiently proved.
With regard to the former, Mr. NABIL MANSI, it is possible to infer recklessness by
allowing navigation with an outdated chart where the dangerous zones were not detailed
and with the radar on stand by and the satellite navigator out of service. These devices
could have allowed him to detect with precision the existing hazards and obstacles in the
area where the wreckage took place.
535
With regard to the Second Officer, Mr. SIMUNKOVIC VICKO, who was on guard at
the moment of the incident, it is also necessary to register his lack of diligence by carrying
out a wrong maneuver with the purpose of free-crossing through Roncador Cay. The
technical aspects of this maneuver were examined and clearly determined by the
Captains Court. Additionally, he failed to inform in a timely manner to the Captain of the
ship the hardship situation in which he found himself and therefore was precluded from
obtaining guidance and direction in the operation of the ship.
On the basis of the above, this Court is of the opinion that it is not required to proceed
further to examine the matter. The decision taken by the Port Captaincy of San Andrés
in regard to the present investigation is therefore hereby confirmed.
It is also to be underlined that the sum which is owed to the Naval Atlantic Force for
services rendered with the Towboat ARC PEDRO DE HEREDIA has not yet been cancelled.
For the above reasons, the Maritime and Port Director-General
DECIDES:
ARTICLE 1.- In the light of the above considerations and reasoning, to confirm in its
entirety the Judgment of 25 May 1989 issued by the Port Captaincy of San Andrés.
ARTICLE 2.- To confirm in its entirety the Order of 12 July 1990, issued by the Port
Captaincy of San Andrés, supplementing the already mentioned Judgment.
ARTICLE 3.- This decision will be notified by the Secretariat and will be sent to the Port
Captaincy to be archived.
To be copied, sent, notified and obeyed,
27 September 1990
(signed)
Vice-Admiral MIGUEL GUILLERMO RUAN TRUJILLO
Maritime and Port Director-General
(signed)
Captain RAFAEL STEER RUIZ
Secretary-General
536
Annex 155
HISTORICAL LOG, ARC ALMIRANTE PADILLA, APRIL 1992
(Archives of the Colombian Navy)
09. April 1992
S&R Operation.
The unit initiates the search and rescue operation of the motorboat “RAZIMAN”, which
declared itself in state of emergency in position - Lat. 11°16' N Long. 79°05' W.
537

Annex 156
RESOLUTION N° 42 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 29 JANUARY 1993
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY
MARITIME GENERAL DIRECTORSHIP
Resolution Number 0042
(29 ENE. 1993)
By means of which operation permit is granted for fishing expeditions to the motorboats
“MISS IRENE” and “MEFAS ADVENTURER” bearing an American flag in
waters of the 1972 Vázquez-Saccio Treaty.
THE MARITIME DIRECTOR-GENERAL
In use of his legal faculties and,
CONSIDERING:
That by virtue of what has been established regarding the fishing rights of the United
States of America in the 1972 Vázquez-Saccio Treaty, in the Exchange of Notes of the
same year that is a part of it and in the exchange of Notes of 1983 statutory of the same
instrument, in force since the 1st of March 1984, the Ministry of Foreign Affairs has
requested from this General Directorship and from the National Fishing and Aquiculture
Institute, the issuance of the corresponding certificates (operation permit and fishing
patent) for the fishing motorboats called “MISS IRENE” and “MEFAS ADVENTURER”
of American flag, with the aim of practicing fishing expeditions in the waters comprised
in the range of the Treaty, adjacent to Roncador, Serrana and the Quitasueño
Bank.
That the waters adjacent to Quitasueño have a special regime by virtue of article 2 of the
1972 Vázquez-Saccio Treaty and that in compliance with what was agreed on the 23rd
January 1987, both Governments agreed to a temporary fishing ban for the conch
(Strombus gigas), in the area of the Quitasueño Bank, in an extension of approximately
4,189.3 square km, which is determined by the coordinates: 81° 0 minutes to 81° 30 min-
539
utes West longitude and 14° and 0 minutes to 14° and 40 minutes North latitude.
That the 6th of October 1989, the contracting parties agreed to continue with the
Caribbean queen conch (Strombus gigas) ban accepted by both Governments in 1987
and to further forbid the catch in the area of the Treaty of spiny lobsters (Panulirus,
Latreille and P. laevicuda) which have a tail shorter than 14 cm of length, as well as the
catch or possession of females carrying eggs or of females whose eggs have been
extracted by force.
That in the Joint Declaration of the 6th of October 1989, the use of autonomous or semiautonomous
scuba diving equipments (tanks or air hoses) for the extraction of hydro-biological
resources was also forbidden, as well as the use of nylon monofilament meshes
or synthetic materials; furthermore the use in the zone of factory ships, that is to say, any
ship that processes, transforms or packs hydro-biological resources on board.
That the National Fishing and Aquiculture Institute -INPA-, has granted them fishing
patents, valid through the 31st of December 1993, Numbers: 0040 SP and 0041 SP
respectively.
That the Law Decree 2324 of 1984 submits to the jurisdiction of the MARITIME GENERAL
DIRECTORSHIP all the ships that navigate Colombian jurisdictional maritime
waters.
RESOLVES:
ARTICLE 1 - Authorize the operation in fishing expeditions of the fishing motorboats
called “MISS IRENE” and “MEFAS ADVENTURER” bearing American flag, in the
waters adjacent to Quitasueño, Roncador and Serrana, as established by section 5 of the
1983 Exchange of Notes.
PARAGRAPH - The motorboats “MISS IRENE” and “MEFAS ADVENTURER”, shall
fully comply with the conservation measures within Treaty waters, as agreed upon in the
joint declarations signed by the representatives of the Governments of the United States
of America and Colombia on the 23rd of January 1987 and the 6th of October 1989.
ARTICLE 2 - The present operation permit is valid through the 31st of December 1993,
date of validity of the fishing patents No. 0040 SP, 0041 SP, issued by the INPA.
ARTICLE 3 - The owners of the fishing motorboats called “MISS IRENE” and “MEFAS
ADVENTURER” are responsible for the fulfillment of the rules of the Colombian
Merchant Navy, as well as the conservation measures applied in conformity with the
terms and statutory rules of the aforementioned Treaty, while remaining in its waters.
ARTICLE 4 - In case of violation of the aforementioned rules, the MARITIME GENERAL
DIRECTORSHIP shall proceed in conformity with the established in the
540
Diplomatic Note of 1983, and the Joint Declarations of 1987 and 1989.
ARTICLE 5 - For its notification and fulfillment, a copy of the present resolution shall
be sent to the Ministry of Foreign Affairs, to the Port Captaincies of San Andrés and
Providencia, to the Navy Command in the Atlantic, to the Specific Command of San
Andrés and Providencia and to the National Fishing and Aquiculture Institute -INPA-.
ARTICLE 6 - The present resolution is in force since the date of its issuance and against
it proceeds the revision appeal which may be requested in written form during the five
(5) working days following its notification.
BE IT KNOWN TO ALL AND COMPLIED WITH
Issued in Bogota D.E., on 29 JAN. 1993
(Signed)
Rear-Admiral GILBERTO ENRIQUE RONCANCIO SARMIENTO
Maritime and Port Director-General
(Signed)
Captain JAIME SANCHEZ RODRIGUEZ
Secretary-General
541

Annex 157
RESOLUTION N° 46 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 3 FEBRUARY 1993
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY
MARITIME GENERAL DIRECTORSHIP
Resolution Number 0046
(03 FEB. 1993)
By means of which the Corporation THE PACIFIC GEOGRAPHIC SOCIETY is
authorized to perform tasks of Exploration of Sunken Antiquities in the area of San
Andrés, Roncador, Serrana, Quitasueño, Serranilla and Bajo Nuevo.
THE GENERAL MARITIME DIRECTOR
In use of his legal faculties and,
CONSIDERING:
That by written note dated May 22nd 1992 submitted to this General Directorship by
Mister DAVID RENZI in his capacity as President of the Corporation THE PACIFIC
GEOGRAPHIC SOCIETY, authorization was requested to perform in the area of San
Andrés and Providencia the exploration and salvage of several sunken galleons, offering
the Colombian Government forty per cent (40%) of the rescued goods.
That by note No. 2511 DIMAR - OFJUR of June 30th 1992 the MARITIME GENERAL
DIRECTORSHIP returned the application stating that the submitted request was not
viable in the envisaged conditions and made a summary of the legal provisions regarding
sunken antiquities so that the petitioner, if he found it suitable, would adapt his note
based on the legal rules in place.
That by note dated July 28th 1992 this Directorship received a new request submitted by
the Corporation THE PACIFIC GEOGRAPHIC SOCIETY through its President Mister
DAVID RENZI, by means of which he requests authorization to explore sunken antiqui-
543
ties in the archipelago of San Andrés and Providencia and in particular in the areas that
are discriminated in the following coordinates:
a. SAN ANDRÉS
Lat 12º 20' N Long 81º 30 W
Lat 12º 50' N Long 82º 00' W
b. RONCADOR
Lat 13º 15' N Long 79º 55' W
Lat 13º 45' N Long 80º 00' W
c. SERRANA
Lat 14º 00' N Long 79º 40' W
Lat 14º 45' N Long 80º 30' W
d. QUITASUEÑO
Lat 14º 00' N Long 80º 50' W
Lat 14º 45' N Long 81º 30' W
e. SERRANILLA
Lat 15º 40' N Long 79º 40' W
Lat 16º 05' N Long 80º 10' W
f. BAJO NUEVO
Lat 15º 40 N Long 78º 30' W
Lat 16º 00' N Long 79º 55' W
That in the documents annexed to the application, it is indicated that the Corporation
THE PACIFIC GEOGRAPHIC SOCIETY was established in the year 1923 and incorporated
in the year 1929 as a scientific research group under the laws of the State of
California, cancelled its activities due to World War II and was reactivated again in the
year 1977.
544
That after the General Secretariat of the Presidency of the Republic was consulted
regarding the request by note 3129 DIMAR - OFJUR of August 21st 1992, it was decided
that the documentation of the Corporation THE PACIFIC GEOGRAPHIC SOCIETY
would be studied by the Sunken Antiquities’ Commission, which in its meeting of
September 2nd 1992 considered it necessary to obtain a statement from the Ministry of
Foreign Affairs about the location of the requested areas.
That by note VP. BT 36111 of November 20th 1992 the Vice-Minister of International
Political Affairs stated that from a territorial sovereignty point of view, the Ministry of
Foreign Affairs finds no inconvenient to grant the Corporation THE PACIFIC GEOGRAPHIC
SOCIETY authorization to explore in the areas described above but with the
limitations established in the RAMIREZ CONTRERAS Treaty signed by the
Governments of Colombia and Honduras on maritime delimitation in 1986. The aforementioned
note is an integral part of the present resolution.
That the Embassy of the United States of America by note No. 950 of December 29th
1992 and of the Honduran Institute of Anthropology and History by written certificate
of December 18th 1992 accredited the establishment of the Corporation THE PACIFIC
GEOGRAPHIC SOCIETY and its experience in submarine research and exploration
works respectively.
That in a meeting held on the tenth (10th) of December 1992, the Sunken Antiquities’
Commission authorized the MARITIME GENERAL DIRECTORSHIP to elaborate the
Resolution that clearly defines the authorization of exploration to the Corporation THE
PACIFIC GEOGRAPHIC SOCIETY.
That on the 20th of January 1993, a technical coordination meeting was held between the
personnel of the MARITIME GENERAL DIRECTORSHIP and the representatives of
the Corporation THE PACIFIC GEOGRAPHIC SOCIETY in which a chronogram of
activities was revealed, the geographic, historic and technical motivations of the project
were explained, and the areas subject to the exploration permit were confirmed and clarified.
That on January 20th 1993 mister LUIS EDUARDO MENDOZA Vice-president of
Internal Affairs of the Corporation THE PACIFIC GEOGRAPHIC SOCIETY presented
to this Directorship the document 6M-LE-01- 93, which contains the description of the
chronogram of the exploration works indicating the program of activities, the description
of the number and characteristics of the equipments that will be used in the operation
including the characteristics of the M/N EGABRAG II, the account of the personnel, the
confirmation of the areas and different matters that have to do with the development of
the exploration works. This document is an integral part of the present resolution.
That as well in the technical meeting of coordination as in the document specified in the
previous motive section, the coordinates of the area of Roncador and Bajo Nuevo were
made clear, modifying the request initially submitted and adjusting them to the areas
545
marked in the chart INT 402 joint to the said initial request as follows:
a. RONCADOR
Long 80º 15' W and Long 80º 00' W
b. BAJO NUEVO
Long 79º 00' W and Long 79º 55' W
That the areas over which the Corporation THE PACIFIC GEOGRAPHIC SOCIETY
requests authorization for exploration have not been authorized to any other natural or
legal person for any similar works.
That once the legal procedures provided for in the single chapter of the Title X of the
Law Decree 2324 of 1984 and in particular the first subsection of article 191 are fulfilled,
RESOLVES:
ARTICLE 1 - Authorize the Corporation THE PACIFIC GEOGRAPHIC SOCIETY,
with the M/N EGABRAG II, to carry out tasks of exploration of sunken antiquities in
the Archipelago of San Andrés and Providencia, in the areas that are indicated with their
corresponding geographic coordinates as follows:
a. AREA No. 1 SAN ANDRÉS
Lat 12º 20' N Long 81º 30 W
Lat 12º 50' N Long 82º 00' W
b. AREA No. 2 RONCADOR
Lat 13º 15' N Long 79º 55' W
Lat 13º 45' N Long 80º 15' W
c. AREA No. 3 SERRANA
Lat 14º 00' N Long 79º 40' W
Lat 14º 45' N Long 80º 30' W
546
d. AREA No. 4 QUITASUEÑO
Lat 14º 00' N Long 80º 50' W
Lat 14º 45' N Long 81º 30' W
e. AREA No. 5 SERRANILLA
Lat 15º 40' N Long 79º 40' W
Lat 16º 05' N Long 80º 10' W
f. BAJO NUEVO
Lat 15º 40 N Long 78º 30' W
Lat 16º 00' N Long 79º 00' W
ARTICLE 2 - It is understood that the authorization hereby granted is limited solely and
exclusively to the works of exploration of sunken antiquities within the authorized areas
and thus, such authorization does not generate any right or privilege to the Corporation
THE PACIFIC GEOGRAPHIC SOCIETY regarding the possible recovery of the sunken
antiquities that might be reported.
ARTICLE 3 - The works of exploration hereby authorized, comprise:
a) A preliminary phase with a duration of two (2) months which shall start on the
20th of February 1993 and shall end on the 20th of April 1993, in which the Corporation
THE PACIFIC GEOGRAPHIC SOCIETY shall develop the administrative, legal and
reconnaissance tasks indicated in the document GM-LE-01-93 of January 28th 1993
signed by Mister LUIS EDUARDO MENDOZA Vice-president of Internal Affairs.
b) An exploratory phase with a duration of seven (7) months that shall start since
the first (1st) of May 1993, shall be suspended when the cyclonic and strong winds season
starts, and shall recommence at the end of it. During this exploratory phase, the
Corporation THE PACIFIC GEOGRAPHIC SOCIETY shall undertake all the necessary
activities related to the search and finding of sunken antiquities in the areas described in
article first of this Resolution, pursuing if possible the order of priorities established in
Article 1st of the present Resolution.
c) A phase of demobilization with a duration of one (1) month that shall start the
following day to the end of the exploratory phase, during which the Corporation THE
PACIFIC GEOGRAPHIC SOCIETY shall carry out the activities necessary to the settlement
of the project.
547
PARAGRAPH FIRST: During the cyclonic and strong winds season forecasted in the
exploratory phase, the crew of the M/N EGABRAG II will not be able to carry out the
works of exploration and its task shall be limited to the confirmation of the gathered data.
To that end, the M/N EGABRAG II shall be docked in the ports of San Andrés and/or
Cartagena, in the docks previously authorized by the MARITIME GENERAL DIRECTORSHIP.
To that end, the Corporation THE PACIFIC GEOGRAPHIC SOCIETY shall
notify the maritime authority with at least fifteen (15) days of notice.
PARAGRAPH SECOND: The MARITIME GENERAL DIRECTORSHIP reserves
itself the right to request that the M/N EGABRAG II leaves Colombian jurisdictional
waters during the cyclonic and strong winds season forecasted in the exploratory phase.
ARTICLE 4 - The exploration permit that is hereby granted shall be in force until the
culmination of the demobilization phase or until the 31st of July 1994; whichever occurs
first.
ARTICLE 5 - The Corporation THE PACIFIC GEOGRAPHIC SOCIETY, as a beneficiary
of the present authorization engages itself to the following:
1) Comply strictly with the provisions of Decree 2324 of 1984 and the rest of the
concordant rules.
2) To negotiate with the competent authorities, the authorizations and permits relative
to the execution of the project of exploration that is hereby authorized.
3) To accept the appointment of the Inspectors that are designated by the MARITIME
GENERAL DIRECTORSHIP aboard the M/N EGABRAG II as follows: a) a
Supervision Official on Deck during the preliminary phase and b) a Supervision Official
on deck and two scuba divers during the phase of exploration.
4) Pay the transport fees of the designated inspectors, as well as their accommodation
aboard the M/N EGABRAG II.
5) Provide the Inspectors appointed by the MARITIME GENERAL DIRECTORSHIP
on board of the M/N EGABRAG II, with all the information that is gathered during
the preliminary phase and that of exploration.
6) To deliver within the two (2) months following the culmination of the exploratory
phase two (2) copies in Spanish language containing all the technical, geographical,
scientific and oceanographic information gathered during such a phase.
7) Not to perform any tasks other than those provided for in the present resolution.
8) To grant on behalf of the Nation - MARITIME GENERAL DIRECTORSHIP an
insurance policy or banking guarantee in the amount of TEN MILLION PESOS ($
10.000.000) to answer to the Nation and/or civilians for the fulfillment of the works
authorized in this decision and for the possible contamination that may eventually be
caused.
9) The policy or guarantee established in section 8 of the present article, shall be
presented in this Office in original form along with the receipt of the payment of the
respective fee, within the ten (10) days following the execution of this decision, valid
since the 20th of February 1993 and for a duration of two (2) years.
548
PARAGRAPH: It is understood that the infringement of any of the valid legal rules and
of the authorizations and conditions imposed on the SOCIETY by this Resolution, shall
allow for the Corporation THE PACIFIC GEOGRAPHIC SOCIETY to be sanctioned
with the immediate cancellation of the permit granted, without having regard to the fines
and sanctions that may be imposed.
ARTICLE 7 - In the name of the Secretary-General may this decision be notified and a
copy sent to the Secretary-General of the Presidency of the Republic, to the Legal
Secretary, to the Ministry of National Defense, to the General Command of the Military
Forces, to the Command of the National Navy in the Atlantic, to the Specific Command
of San Andrés and Providencia and the Port Captaincies of Cartagena, San Andrés and
Providencia.
ARTICLE 8 - The present Resolution is in force since the date of its realization and
against proceeds the revision appeal, which may be used in written form within the five
(5) working days following its notification.
BE IT KNOWN TO ALL AND COMPLIED WITH
Issued in Santafé de Bogota D.C., on February 3rd 1993.
(Signed)
Rear-Admiral GILBERTO ENRIQUE RONCANCIO SARMIENTO
General Maritime and Port Director
(Signed)
Captain JAIME SANCHEZ RODRIGUEZ
Secretary-General
549

Annex 158
HISTORICAL LOG, ARC CALDAS, JULY 1993
(Archives of the Colombian Navy)
28 July 1993
S&R
The unit carries out the search and rescue operation of the motorboat Reina Beatriz,
which is found on the 28th July/93 at 11:40R in Lat. N 12°26,9' and Long. W 81°31,5'.
The unit assists the motorboat pending the arrival to the area of the motorboat Navey,
which tows it to San Andrés.
551

Annex 159
COLOMBIAN NAVY RESOLUTION N° 825, 27 DECEMBER 1994
(Archives of the Colombian Navy)
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY
MARITIME GENERAL DIRECTORSHIP
RESOLUTION NUMBER 0825 OF 1994
(December 27)
By means of which are established the jurisdictional limits of the Port Captaincies.
THE MARITIME DIRECTOR-GENERAL
In use of his legal faculties and specially those conferred by article 11 section 7 of the
Law Decree 2324 of 1984,
CONSIDERING:
That it is necessary to determine the territorial limits of the jurisdiction of the Maritime
and River Captaincies and to indicate the port Captaincies of second category, that will
depend upon the Port Captaincies of First Category for the legal effects that are indicated
in Chapter V of Title IV of the Law-Decree 2324 of 1984.
RESOLVES:
ARTICLE 1st. The port Captaincies of the Atlantic Coast and the Archipelago of San
Andrés and Providencia will exercise their jurisdiction in the territory comprised within
the following limits, as indicated in each case:
1. PORT CAPTAINCY OF BOLIVAR
From the territorial limit between Colombia
and Venezuela Lat. 17º51'07" N
Long 71º19'23" W
Up to Punta Carrizal Lat. 12º01'00" N
Limit line in the direction of: 335º from Punta Carrizal
553
2. PORT CAPTAINCY OF RIOHACHA
From Punta Carrizal Lat. 12º01'00" N
Long 72º10'45" W
To Cape San Agustin Lat. 11º15'45" N
Long 73º75'30" W
Limit line in the direction of: 335º from Cape San Agustin
3. PORT CAPTAINCY OF SANTA MARTA
From Cape San Agustin Lat. 11º15'45" N
Long 73º45'30" W
To Point "D" Lat. 11º01'05" N
Long 74º36'20" W
Limit line in the direction of: 335º from Point “D”
4. PORT CAPTAINCY OF BARRANQUILLA
From Point “D” Lat. 11º01'05" N
Long 74º36'20" W
To Punta Galeras Lat. 10º48'17" N
Long 75º15'38" N
Limit line in the direction of: 335º from Punta Galeras
Magdalena River: From the mouth in Bocas de Ceniza to 27 kilometers up the river.
5. PORT CAPTAINCY OF CARTAGENA
From Punta Galeras Lat. 10º48'17" N
Long 75º15'38" N
To Punta Rincon Lat. 09º46'30" N
Long 75º38'30" W
Limit line in the direction of: 320º from Punta Rincon
Dique Channel: From its mouth in the bay of Cartagena to its mouth in the southern part
of the Barbacoas Bay.
The jurisdiction comprises the Rosario Islands, the cays and banks located in the area.
6. PORT CAPTAINCY OF COVEÑAS
To Punta Rincon Lat. 09º46'30" N
Long 75º38'30" W
To Punta Arboletes Lat. 08º53'35" N
Long 76º25'47" W
Limit line in the direction of: 318º from Punta Arboletes
Sinú River: From its mouth up to a point “G” located in latitude 9º24'30" N, longitude
75º55'02" W.
554
The jurisdiction comprises the San Bernardo Islands, the cays and banks located in the
area.
7. PORT CAPTAINCY OF TURBO
From Punta Arboletes Lat. 08º53'35" N
Long 76º25'47" W
Cape Tiburon line, border with Panama Lat. 08º40'40" N
Long 77º21'30" W
Atrato River: From its mouth in the Golf of Urabá to where the Brazo Leon begins.
8. PORT CAPTAINCY OF SAN ANDRÉS
In the area comprised within:
Point “A” Lat. 12º30'00" N
Long 78º42'00" W
Point “B” Lat. 13º15'00" N
Long 78º42'00" W
Point “C” Lat. 13º15'00" N
Long 82º00'00" W
And the delimitation with Nicaragua, Costa Rica and Panama.
The jurisdiction comprises the islands, cays and banks located in the area.
9. PORT CAPTAINCY OF PROVIDENCIA
In the area comprised within:
Point “B” Lat. 13º15'00" N
Long 78º42'00" W
Point “C” Lat. 13º15'00" N
Long 82º00'00" W
And the delimitation with Nicaragua, Honduras and Jamaica.
The jurisdiction comprises the islands, cays and banks located in the area, as well as the
Common Zone established in the delimitation Treaty with Jamaica.
ARTICLE 2nd. The Port Captaincies of the Pacific Coast shall exercise their jurisdiction
in the territory comprised within the following limits as indicated in each case
10. PORT CAPTAINCY OF SOLANO BAY
From the limit with Panama Lat. 07º12'39" N
Long 77º53'20" W
To Cape Corrientes Lat. 05º29'00" N
Long 77º32'53" W
Limit line in the direction of: 259º from Cape Corrientes
555
2. PORT CAPTAINCY OF BUENAVENTURA
From Cape Corrientes Lat. 05º29'00" N
Long 77º32'53" W
To the Mouth of the Naya River Lat. 03º13'00" N
Long 77º34'00" W
Limit line in the direction of: 270º from the Mouth of the
Naya River
The jurisdiction comprises the island of Malpelo.
3. PORT CAPTAINCY OF PUERTO GUAPI
From the Mouth of the Naya River Lat. 03º13'00" N
Long 77º34'00" W
To Punta Guascama Lat. 02º37'20" N
Long 78º24'20" W
Limit line in the direction of: 270º from Punta Guascama
The jurisdiction comprises the islands of Gorgona and Gorgonilla and the Patia river
from its mouth in point “I” located in Latitude 02º11'15" N, Longitude 78º37'08"W.
4. PORT CAPTAINCY OF TUMACO
From Punta Guascama Lat. 02º37'20" N
Long 78º24'20" W
To the limit of Colombia with Ecuador Lat. 01º25'00" N
Long 78º54'50" W
The jurisdiction comprises the Mira River from its mouth to point “J” located in latitude
01º07'25" N, longitude 78º58'50" W.
ARTICLE 3rd. The Port Captaincies located in the bordering rivers will exercise their
jurisdiction in the territory comprised within the following limits:
1. PORT CAPTAINCY OF PUERTO CARREÑO.
Comprises the Bed and the Colombian margin of the Meta River from Caño de la Virgen
near the Manati Island to Puerto Carreño and the bed and the Colombian margin of the
Orinoco River from Puerto Carreño to the torrent Maipures.
2. PORT CAPTAINCY OF PUERTO INIRIDA
Comprises the bed and the Colombian margin of the Rivers Orinoco and Atabapo from
the torrent Maipures in the Orinoco to the Mouths of Guasacabi in the Atabapo River and
in the Inirida River from Puerto Inirida to its mouth in the Atabapo River.
556
3. PORT CAPTAINCY OF SAN FELIPE
Comprises the bed and the Colombian margin of the Guainia River or Negro River from
the torrent Venado in the high Guainia to the Piedra del Cocuy in the Negro River.
4. PORT CAPTAINCY OF LETICIA
Comprises the Bed and the Colombian margin of the Amazonas River from the mouth
of the San Antonio Gully to the Mouth of the Atacuari River, alongside the bordering
zone with Peru and Brazil.
5. PORT CAPTAINCY OF PUERTO LEGUIZAMO
Comprises the bed and the Colombian margin of the Putumayo River from Puerto Asis
following the limit with Ecuador and Peru to Tarapaca in the limits with Brazil.
ARTICLE 4th. The Port Captaincies shall exercise their functions and attributions in the
jurisdictional waters, navigable bordering rivers, coasts, banks and Ports of the Republic
within the geographical limits established in this Resolution.
ARTICLE 5th. For the purposes of Chapter V, Title IV of the Law-Decree 2324 of 1984,
the Port Captaincies of Second Category shall be ascribed to the Port Captaincies of First
category in the way that is indicated as follows:
1. To the Port Captaincy of Cartagena the Port Captaincies of: Puerto Inirida and
San Felipe.
2. To the Port Captaincy of Barranquilla the Port Captaincy of: Puerto Carreño.
3. To the Port Captaincy of Santa Marta the Port Captaincy of: Riohacha.
4. To the Port Captaincy of San Andrés the Port Captaincy of: Providencia.
5. To the Port Captaincy of Buenaventura the Port Captaincy of: Solano Bay.
6. To the Port Captaincy of Tumaco the Port Captaincy of: Guapi.
7. To the Port Captaincy of Leticia the Port Captaincy of: Puerto Leguizamo.
ARTICLE 6th. The present resolution derogates resolutions 282 of the 10th of July 1975,
0285 of the 17th of March 1989, 0732 of the 29th of May 1992 and the rest that contradict
it.
ARTICLE 7th. The present resolution is in force since the date of its issuance.
BE IT KNOWN TO ALL AND COMPLIED WITH
Issued in Santafé de Bogota D.C., on the 27th of December 1994.
557
Rear-Admiral
GILBERTO ENRIQUE RONCANCIO SARMIENTO
Maritime Director-General.
Captain
RICARDO ALVARADO REYES
Secretary-General.
558
Annex 160
NOTE N° NR. 003 FROM THE CHIEF OF COLOMBIAN MARITIME
SIGNALS ON THE ATLANTIC TO THE CHIEF OF THE
NAVIGATIONAL AIDS DIVISION, COLOMBIAN MARITIME AND
PORT GENERAL DIRECTORSHIP, 2 JANUARY 1997
(Archives of the Colombian Navy)
NATIONAL NAVY
GENERAL MARINE DIVISION
MARITIME SIGNALS ON THE ATLANTIC
Cartagena de Indias, 2 January 1997
NR. 003 DRIMAR - SEMAT
REF.: Installation of new navigation aids
TO: Captain
LUIS GUILLERMO ZABALA CORREA
CHIEF OF THE NAVIGATIONAL AIDS DIVISION
Santafé de Bogota, D.C.
I allow myself to address you in order to inform that the new Lighthouse Serranilla
Island has been put in service, as well as two markers, with the following features:
● Lighthouse Serranilla Island
Focal height: 33 meters
Height of the concrete structure: 18 meters
Height of the metallic structure: 13 meters
Height above sea level: 2 meters
Aprox. Location: Lat. 15 47' 42'' N Long 79 50' 40" W
Reach: 25 miles
Rotation period 01: 30 seconds
Identification signal (Racon)[T.N.]: letter Z
[T.N.] Racon is a type of radar transponder commonly used to mark maritime navigational hazards. The
word is an acronym for RAdar beaCON.
559
Color (metallic structure): Orange
Color (concrete structure): Beige
The following light equipment was installed in the Lighthouse:
01 Gyrating lighthouse TRB - 400 Tideland
01 Racon Sea beacon 2 systems 5 Tideland
01 Lamp Tideland ML-300
04 Panels Solarex MX-60
08 Panels Solarex MX-30
28 6 volts Batteries, Exide brand, Ref. GC-4
● Marker B1
Position Lat. 10 23' 48" Long 75 32' 57"
Height from the bottom 5.6 meters
Depth 2.6
Color of structure Green
Identification number B1 in reflective material
Period 3" + 0.3 + 2.7 = 3"
● Marker B2
Position Lat. 10 19' 05" Long 75 34' 5"
Height from the bottom 4,6 meters
Color of structure Red
Identification number B2 in reflective material
Period 3" + 0.3 + 2.7 = 3"
The following light equipment was installed in the marker:
04 Panels Solarex Ref. MX-10
04 Regulators
04 Security Boxes for panels
02 Lamp ML-155 TIDELAND (full)
02 Batteries NG-31 recharged
Lieutenant JUAN CARLOS ARCILA VELASQUEZ
(acting) Chief of Maritime Signals on the Atlantic
560
Annex 161
1997 COLOMBIAN NAVY’S NOTICE TO SAILORS ON NEW LIGHTHOUSE
IN SERRANILLA, TO REPLACE THAT BUILT BY COLOMBIA IN 1977
(Archives of the Colombian Navy)
National Navy
Maritime General Directorship
Atlantic Maritime Signaling
NOTICE TO SAILORS
Name : SERRANILLA LIGHTHOUSE
Date of Installation : 09-08-77
Date of Re-Installation : 20-12-96
Latitude and Longitude : Lat. = 15º47'42" N
Long. = 79º50'40" W
Flash color : White
Flash length : FL 0.5 EC 13.5
FL 0.5 EC 5.5 = 20 sec.
Rotation frequency : 20 seconds
Focal height : 32 meters
Reach in nautical miles : 25 miles
Description of the element : Rotating TRB-400 lighthouse installed on
a 12-meter, red and white horizontallystriped
metallic tower, placed atop an 18-
meter high beige cylindrical concrete structure.
Base's height above sea level : 2 meters
Charts affected : COL-004
(Signed)
Lieutenant Gustavo Angel Sanin
Chief, Atlantic Maritime Signaling
561

Annex 162
RESOLUTION N° 287 OF THE NATIONAL INSTITUTE OF FISHERIES AND
AQUICULTURE - INPA, 7 MAY 1997
(Archives of INPA, under the custody IDEAM)
NATIONAL INSTITUTE OF FISHERIES AND AQUICULTURE
RESOLUTION No. 000287 OF 07 MAY 1997
“By means of which a permit is granted for commercial-industrial fishing to mister
DANIEL WILSON SINISTERRA QUIÑONEZ”
The Director-General of the National Institute of Fisheries and Aquiculture -INPA-, in
use of its statutory legal faculties, and
CONSIDERING:
That mister DANIEL WILSON SINISTERRA QUIÑONEZ, identified with ID No
8.364.512 of Santafé de Bogotá, has requested from this General Directorship that a permit
for commercial-industrial fishing be granted to him.
That mister DANIEL WILSON SINISTERRA QUIÑONEZ, presented the documents
demanded by Article 68 of the Statutory Decree No 2256 of 1991 and articles 1st and 7th
of the Agreement N° 0011 of 1991, issued by the Directive Board of the Institute.
That having studied the documents presented it was confirmed that they comply with the
requirements foreseen by the Law 13 of 1990, the Statutory Decree N° 2256 of 1991 and
all the other regulations issued on the matter, thus being appropriate to grant the requested
permit.
That it corresponds to the Director-General of the INPA, to be informed of and decide
over these kinds of requests, based upon the provisions of the Law 13 of 1990, and its
Statutory Decree 2256 of 1991.
RESOLVES:
ARTICLE FIRST. To grant a permit for commercial-industrial fishing to mister
DANIEL WILSON SINISTERRA QUIÑONEZ, residing in the 11th Street N° 10-40 MZ
5L.- 7 Back road of San Andrés (Islands), according to the following provisions:
563
1. Type of fishery and annual fishing quota:
Sea-Bottom Fish 25 Tons
Medium Pelagic Fish 25 Tons
PARAGRAPH. The fishing of neither Lobster nor Conch is authorized, due to the fact
that no quota for the extraction of this resource is available for new users.
2. Destination of the products and their percentage:
National Market 100%
3. Area of Operations:
Atlantic Ocean
4. Port of unload of the products:
San Andrés - Islands
5. Vessels: ONE (1)
Name DANIEL JR
Flag Colombian
Length (m) 18.85
Breadth (m) 4.50
Depth (m) 1.80
Draught (m) 2.00
Gross Tonnage (TM) 43.67
Net Tonnage (TM) 26.40
Engine Power (H.P.) 360
Hull Naval Steel
Type of fishery: Sea-Bottom and Medium Pelagic Fish
Fishing arts and methods:
The motorboat shall operate with fishing rods with manual reels with 3 to 10 hooks of
Japanese type N° 6 with nylon of 250 pounds resistance.
Location: San Andrés Islands
6. Duration of the permit:
Five (5) years.
564
7. Value of the taxes and rights:
a. Annual value of the Tax: The equivalent to 60 daily minimum legal
wages.
b. Value of the Patent: It shall be liquidated by the Office of the INPAin San
Andrés Islands.
PARAGRAPH. The issuance of the patent shall be issued showing the affreightment
agreement beforehand.
ARTICLE SECOND. The holder of the permit shall present in the Office of the INPA in
San Andrés, through a Marine Biologist or a Fishing Engineer with a valid professional
license, annual reports about the use of the permit in the terms and conditions established
by the Institute.
ARTICLE THIRD. The holder of the permit is obliged to comply with the existing provisions
about the fishing activity, especially those established by the Law 13 of 1990 and
its Statutory Decree 2256 of 1991, in case of failure to comply the present permit shall
be revoked without prejudice of all the other civil and penal actions that may arise.
ARTICLE FOURTH. The holder in the moment of the notification of the present permit,
shall pay the value of the tax settled in conformity with the established in the Agreement
N° 0012 of 1991, leaving a record of the payment after the text of the present Resolution.
In case of failure to comply the Regional Director or whoever notifies it, shall abstain
from certifying the respective copies to its holder and the Resolution shall not have any
validity until this requirement is fulfilled.
ARTICLE FIFTH. The Head of the Office of the INPA in San Andrés - Islands, shall
revise and adjust annually the value of the tax established in the present Resolution and
shall exercise permanent supervision to verify the compliance with the obligations
acquired by the holder of the permit.
ARTICLE SIXTH. Whenever the holder of the permit furnishes false or incomplete
information, or incurs in any of the grounds foreseen by Article 175 of the Statutory
Decree N° 2256 of 1991, after previously checking the facts, shall have his permit
revoked.
ARTICLE SEVENTH. The INPA reserves itself the right to embark at any time one of
its employees to control personally the development of the operation, the expenses of the
journey and his permanence on board, shall be paid by the holder of the permit.
ARTICLE EIGHTH. The present authorization does not exempt its holder from complying
with the provisions required by other official agencies.
ARTICLE NINTH. Against the present Resolution proceeds the resource of appeal,
which may be invoked in writing before the Director-General of the Institute within the
565
five (5) working days following its notification.
ARTICLE TENTH. For its notification and compliance a copy of the present Resolution
shall be sent to the Office of the INPA in San Andrés - Islands, a copy shall also be sent
to the Atlantic Regional Directorship and to the Maritime General Directorship -
DIMAR-.
BE IT KNOWN TO ALL AND COMPLIED WITH
(Signed)
OSVALDO RAFAEL PEREZ MOLINA
Director-General
File N° 037-97 “DANIEL WILSON SINISTERRA QUIÑONEZ”
HJGM/marlen
566
Annex 163
RESOLUTION N° 806 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 23 DECEMBER 1997
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY MARITIME GENERAL DIRECTORSHIP
Resolution Number 0806
(23 DEC. 1997)
By means of which operation permit is granted for fishing expeditions in Colombian
jurisdictional waters in the Atlantic Ocean to the fishing motorboat named “DON
FABIO” of Nicaraguan flag.
THE GENERAL MARITIME DIRECTOR
In use of his legal faculties and,
CONSIDERING:
That “COMERCIALIZADORA INTERNACIONAL COMPAÑÍA DE ALIMENTOS Y
PESCA S.A. - COAPESCA” has requested from the MARITIME GENERAL DIRECTORSHIP,
by the intermediary of the Captaincy of the Port of Cartagena, authorization
to operate the fishing motorboat called “DON FABIO”, of Nicaraguan flag, to practice
fishing expeditions in Colombian waters.
That the National Fishing and Aquiculture Institute -INPA-, has granted it the fishing
patent No. 2618 R.C.A. valid through the 22nd of April 1998 to fish shrimp in low
waters, in jurisdictional waters of the Colombian Atlantic Ocean.
That Law 13 of 1990 and its Statutory Decree 2256 of Oct 04/91 establishes the prohibition
of fishing within the system of national parks and areas reserved for traditional
fishing.
That by Resolution No. 0157 of March 05/93 INPA established that it is compulsory to
carry with the nets the devices for excluding turtles HARD DETS.
567
That “COMERCIALIZADORA INTERNACIONAL COMPAÑÍA DE ALIMENTOS Y
PESCA S.A. - COAPESCA”, in order to guarantee the Compliance with the rules of the
Colombian Merchant Navy while the fishing motorboat called “DON FABIO”, of
Nicaraguan flag, remains in Colombian jurisdictional waters, established the policy No.
525 of insurance company Atlas S.A., in the amount of FIVE HUNDRED THOUSAND
PESOS ($ 500,000.00) on behalf of the -NATION- MARITIME GENERAL DIRECTORSHIP,
valid through the 24th of February 1999.
That “COMERCIALIZADORA INTERNACIONAL COMPAÑÍA DE ALIMENTOS Y
PESCA S.A. - COAPESCA”, in order to guarantee civil liability for the possible contamination
that may occur as a result of the authorized activity while the fishing motorboat
called “DON FABIO” of Nicaraguan flag remains in Colombian jurisdictional
waters, established the policy No. 187 of insurance company Atlas S.A. covering four
motorboats among which the aforementioned fishing vessel, in the amount of FIVE
HUNDRED THOUSAND PESOS ($ 500,000.00) on behalf of the -NATION- MARITIME
GENERAL DIRECTORSHIP, valid through the 24th of January 1999.
That the characteristics of the fishing motorboat are the following:
NAME: “DON FABIO”
FLAG: NICARAGUAN
LICENSE NUMBER: 1116
LENGTH: 21.64 Meters
BREADTH: 5.67 Meters
DEPTH: 2.80 Meters
REGISTERED GROSS TONNAGE:114.58 Tons
REGISTERED NET TONNAGE: 56.10 Tons
PROPULSION: One (01)
Caterpillar Motor of 425 H.P.
MAXIMUM No. OF CREW MEMBERS: Six (06)
That Decree 1862 of 1967 (October 4) in its Article 4 establishes that in order to practice
fishing expeditions in Colombian jurisdictional waters the requirements provided for
in the Legislation of the Colombian Merchant Navy must be complied with.
That the Law Decree 2324 of 1984 submits to the jurisdiction of the MARITIME GENERAL
DIRECTORSHIP all the ships that navigate Colombian jurisdictional maritime
waters.
That taking into account the activity that will be performed, there is no legal impediment
to agree to the request.
568
RESOLVES:
ARTICLE 1 - Authorize the “COMERCIALIZADORA INTERNACIONAL
COMPAÑÍA DE ALIMENTOS Y PESCA S.A. - COAPESCA”, to operate the fishing
motorboat called “DON FABIO” of Nicaraguan flag, in order to fish for shrimp in low
waters, in jurisdictional waters of the Colombian Atlantic Ocean, while having to comply
with INPA’s provisions in matters related to the conservation of fishing and hydrobiological
resources of the nation.
PARAGRAPH 1 - The motorboat “DON FABIO” of Nicaraguan flag shall keep and
show the set of sail permit issued by the Captaincy of the respective port every time it
comes back from an expedition. If it doesn’t arrive to the same port it left from, notice
shall be given to the port of departure about its arrival and the unloading of the product
caught, for control purposes.
PARAGRAPH 2 - The present permit of operation is valid through the 22nd of April
1998 date of validity of the fishing patent No. 2618 R.C.A. issued by the Fishing and
Aquiculture Institute -INPA.
ARTICLE 2 - In case of violation of the rules mentioned in the motive or the operative
section of the present Resolution, the respective sanctions shall be imposed amongst
which the immediate cancellation of the present permit.
ARTICLE 3 - For its notification and compliance, a copy of the present resolution shall
be sent to the Captaincy of the Port of Cartagena, a copy sent to the Navy Command in
the Atlantic, to the Specific Command of San Andrés and Providencia, to the National
Fishing and Aquiculture Institute (INPA) and a copy filed in the respective folder.
ARTICLE 4 - The present resolution is in force since the date of its issuance and against
it proceeds the revision appeal which may be requested in written form during the five
(5) working days following its notification.
BE IT KNOWN TO ALL AND COMPLIED WITH
Issued in Santafé de Bogota D.C., on
23 DEC. 1997
569
(Signed)
Captain RICARDO ALVARADO REYES
General Maritime Director (E)
(Signed)
Captain JAIRO ORLANDO SUZUNAGA LEON
Secretary-General (E)
570
Annex 164
NOTE N° NR. 437 FROM THE CHIEF OF MARITIME SIGNALS ON THE
ATLANTIC TO THE SECRETARY-GENERAL OF THE COLOMBIAN
MARITIME AND PORT GENERAL DIRECTORSHIP, 10 DECEMBER 1988
(Archives of the Colombian Navy)
NATIONAL NAVY
GENERAL MARINE DIVISION
MARITIME SIGNALS ON THE ATLANTIC
Cartagena de Indias D.T. and C., 10 December 1998
No. 437: DIMAR SEMAT DIPLA
REF.: COSTS LIGHTHOUSE BAJO NUEVO
TO: Captain
JAIRO ORLANDO SUZUNAGA LEON
Secretary-General
General Marine Division
Santafe de Bogota, D.C.
I am pleased to send to you, enclosed to the present letter, an assessment of the costs
involved in the full and total recovery of the Lighthouse Bajo Nuevo, located in the
Archipelago of San Andrés Islands. This aid to navigation is located under our jurisdiction.
It is important to recall that after Hurricane Mitch passed through the area the said lighthouse
was inclined by approximately 40° with regard to its vertical position.
This office recommends erecting a new lighthouse in the tallest place of the cay and
destroying the existing structure. The reason for this is that in order to dismantle the
existing lighthouse with a view to repair it some workers would have to climb on it and
their life could be impaired because the whole structure could very well fall down, given
the amount of force employed to be for that purpose.
I also want to stress that in order to carry out this operation it is indispensable to have a
571
ship in the area to support the workers working on the building and installation of the
lighthouse and the said unit should remain there for at least 10 days.
It is also important to consider that in that cay there is no presence of marine infantry
and no shelter that could be used by the workers engaged in the works just described.
Truly yours,
Captain GUSTAVO ANGEL SANIN
Chief of Maritime Signals on the Atlantic
572
Annex 165
OPERATION ORDER N° 2 OF 2000 FROM THE SPECIFIC COMMAND OF
THE COLOMBIAN NAVY FOR SAN ANDRÉS AND PROVIDENCIA
(Archives of the Colombian Nay)
RESERVED
ORDER OF OPERATIONS COPY No. 03 OF 66 COPY
No. 002 CESYP - 2000 SPECIFIC COMMAND OF
SAN ANDRÉS AND PROVIDENCIA
San Andrés Island,
TIME ZONE (+5) ROMEO
REFERENCES:
PLANOPER Nr 001-CFT-COARC-98 - Plan Progress COARC/98
PLANOPER Nr 001 CFNA-96 - Plan Dolphin CFNA/98
O.P. Nr 001-CFNA-83 - Instructions for the Readiness of Unities.
O.P. Nr 00634-CARMA-EMNM3-279-JUN-83 - Sunken Species.
O.P. Nr 004-CESYP-DIC/89- Operative and Administrative Instructions.
CIRCULAR NOTE Nr 003-CFNA-805-ENE/92 - Customs Provisions.
NOTE Nr 2334-CARMA-782-APRIL 27/92 Register Instructions M/N
O.P. Nr 001-CESYP-99
ORGANIZATION OF TASKS
2. APPOINTED UNIT
3. SITUATION
4. General
5. The Specific Command of San Andrés and Providencia has a Maritime jurisdiction
of 205.000 Km2 in whose waters activities of maritime traffic, innocent passage,
573
industrial and inshore fishery of different types and species are developed.
6. The CESYP has 06 Advanced Naval Posts located between 20 and 240 nautical
miles off SAI, that require supervision and control, effective communications and regular
personal and material logistic support.
7. The jurisdictional maritime extension, the geo-strategic position of the archipelago,
the socio-economic situation of adjacent countries and the Island, are factors that
stimulate drug-trafficking illicit activities, arms-trafficking, fuel trade, unlicensed fishing
and/or outside current regulations.
8. The mission of CESYP establishes tasks in the internal and external fields in
order to preserve the public order and maintain the sovereignty in the jurisdiction.
6. Enemy forces
Smugglers, illegal fishermen, drug dealers in the area and groups that threaten the marine
environment.
7. Allied forces
All the other units of CFNA, CESYP, GACAR, DPSAI, and Security Organisms of the
State.
8. MISSION
The Appointed Unit after receiving orders sets sail from the San Andrés Departmental
Dock towards the western area of the Quitasueño bank with the aim of keeping presence
and sovereignty, patrolling and exercising maritime control in the maritime jurisdiction
of the CESYP; takes extreme control measures to detect ships that practice illegal fishing
activities, drug-trafficking, arms-trafficking and smuggling.
9. EXECUTION
10. Concept of the operation
Basically the operation consists in setting sail after getting orders from the San Andrés
Departmental Dock towards the area “Luna Verde”, to the west of the Quitasueño bank
comprised within the following points:
Point A Latitude 14º 00 N Longitude 82º 00 W
Point B Latitude 14º 59 N Longitude 82º 00 W
Point C Latitude 14º 59 N Longitude 81º 15 W
Point D Latitude 14º 00 N Longitude 81º 15 W
Where it patrols and develops maritime control in the zone, keeping presence and sovereignty;
during the operation it remains alternatively anchored and in navigation, seeking
to keep on navigating with low fuel consumption.
574
During its navigation in the area, it inspects all the motorboats to determine which units
are practicing illegal fishing or other illegal activities.
The leader of the Unit projects and performs exercises at the level of the station and task
unit during the development of the operation, to consolidate the practical knowledge,
increase the marine dexterity of the personnel and when confronted to emergencies
strengthen the coordinated response of the team and equipment in face of emergencies.
11. Itinerary
ETD ETA
Dock Day D Hour H Operation Area H+6 Hours
Departmental
Operation Area A order
3. SPECIAL INSTRUCTIONS
4. The permanent order Nr 001-CFNA-83, establishes general and particular measures,
about the enlistment of the Units, which shall be observed bearing in mind that the
security of the material and personnel prevails over any maneuver or exercise.
5. That Permanent Directive 010-CARMA-DIMAR-335 Sep/92 provides for the
updating of the Sailing Directions of the Northern Coast and the Insular Area of the
Colombian Caribbean. By signal 021033R CFNA-Mar/95, was established the annex of
reports, which will be annexed to the Journey Report.
6. The agreement No. 024 of Jun/83 and the Resolutions 1294 Aug/88 0894 Jul/92
of DIMAR, give the instructions for the control of activities of trail or industrial fishery
in the banned areas.
7. The Permanent Orders 004 CESYP Dec/89 and 005 CESYP Apr/90, establish the
administrative, operational and behavioral instructions for the units of the FNA, under
the operational command of the CESYP.
8. The Permanent Directive No. 001 CFNA-93 “Naval Intelligence and Control of
Maritime Traffic” provides the radio monitoring with the aim of detecting enemy activities
and feeding the information banks of the Unit and the FNA-N2.
9. To strictly comply with the established rules on Human Rights and IHL.
10. During the Oroper it exercises the functions of control and supervision for the
absolute compliance with the current Laws and provisions for the conservation and protection
of the marine environment.
COMMANDER OF THE APPOINTED UNIT
1. To strictly comply with the summary of permanent orders.
2. The set of sail and anchorage maneuvers in the islands of the Archipelago, will
be a logical consequence of the analysis of the wind, currents, depth, type of bottom,
adjacent area, functional distance to the Island and indications and precautions of the
575
charts of navigation. The Unit will remain anchored and safe at sea at each one of the
Islands.
3. During the navigation performs security checks and refrains from executing
maneuvers that may require forcing the material or its systems.
4. Seizes the characteristics of the design of the unity and its propulsion systems, to
obtain the best efficacy with the lowest cost and fuel consumption, which implies sailing
at economic speed.
5. The execution of any type of risky maneuver, will be a logical consequence of
the analysis of factors, response capacity of the equipments, experience and capability
and time conditions not to compromise neither the personnel nor the material.
X. COORDINATION INSTRUCTIONS
2. The Commander sets all the necessary mechanisms to avoid any entry of narcotics
to the unit, complying with the D.P. 001 CESYP/99 about anti-narcotics checkup.
Before the set of sail from San Andrés, makes a thorough inspection of the entire ship,
internally and externally, so that no space or part is left without examination and elaborates
a minute of assignment and distribution of spaces, sending copies to this Command.
During the evolution of the operation makes regular inspections with the same purpose.
3. Verifies the maritime signals and characteristics of the navigational aids and
informs the news immediately to CFNA or CCESYP to take corrective action.
4. If the seizure of a vessel were to occur or any tactical situation occurred, the corresponding
minute shall be elaborated if possible with photographs, films, documents
and fingerprint records with the aim of guaranteeing the objectivity of those evidences
by keeping them intact.
5. In the third meeting of the Vázquez-Saccio Treaty of 1982 (sic), it was decided
that the Colombian authorities may aboard and inspect the vessels that are operating
under this treaty and to verify the compliance with the measures of conservation of the
fishing resources, for which the formats contemplated in the S.O.P. will be used.
6. To apply rules and provisions of the agreement signed by the governments of
COLOMBIA and the UNITED STATES OF AMERICA to suppress illicit traffic by sea
signed on the 20th of February 1997, whose copy is in the S.O.P.
7. To inspect those vessels of Colombian flag that in the view of the Unit
Commander, by their characteristics, position, activity and attitude he considers suspicious
of activities punishable by Law.
8. To refrain from giving the positions of the Unit in Spanish, to avoid giving away
information of interest for criminal organizations. Cases of extreme emergency are an
exception. To employ the DAYTRON communication system to the fullest.
9. To inspect, retain or capture any vessel with a foreign flag outside the territorial
sea, authorization is required from the Navy Command in the Atlantic through the
Specific Command of San Andrés and Providencia.
10. The present order of operations shall be activated by signal with the following
format:
BT.- X Activate order of operations No. 002 CESYP-CFNA/00 X
576
1. Unit
2. Itinerary
3. Additional instructions
4. Supply day
4. ADMINISTRATION AND LOGISTICS
Supplies the unit according to the order.
5. COMMUNICATIONS AND COMMAND
a. Communications and Reports
6. Operational traffic according to appendix 1 and 2 of Annex “C” of the Planoper
001-CFNA-”DOLPHIN”-99, which must be strictly complied with.
7. Keeps permanent communication with the CCESYP in its jurisdiction.
8. Of all the operational communications it generates sends information to JONA,
EMNM3, COA and COFA.
9. Keeps listening to frequency 8.210.5 KHz, frequency of contact for the fishermen
in the area in order to assist them in any event.
b. Command: The Commander of the SPECIFIC COMMAND OF SAN ANDRÉS AND
PROVIDENCIA in his office.
(Signed)
Captain JOSE LUIS CUENCA FERRADA
COMMANDER OF THE SPECIFIC COMMAND OF SAN ANDRÉS AND PROVIDENCIA
Annexes: A: Monitoring report
DISTRIBUTION: ORIGINAL JONA
CFNA COPY No. 1
N3CESYP COPY No. 2
APPOINTED UNIT COPY No. 3
APPOINTED UNIT COPY No. 4
APPOINTED UNIT COPY No. 5
APPOINTED UNIT COPY No. 6
RESERVED
577

Annex 166
RESOLUTION N° 26 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 4 FEBRUARY 2000
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY MARITIME GENERAL DIRECTORSHIP
Resolution Number 0026
(04 FEB. 2000)
By means of which is authorized the stay and temporary operation in Colombian jurisdictional
maritime waters of the fishing motorboat called MISS TINA of Nicaraguan
flag.
THE GENERAL MARITIME DIRECTOR
In use of his legal faculties given by section 6 of article 5 of the Law Decree 2324 of
the eighteenth (18) of September 1984 and article 41 of the Statutory Decree 1423 of
the thirtieth (30) of June 1989, and
CONSIDERING:
That mister John Alberto Taylor Newball acting in his capacity as owner of the Trade
Facility called Transporte Taylor, as stated in the Certificate of the Chamber of
Commerce issued in San Andrés on the 6th of December 1999, has requested on the
twenty-ninth (29) of December 1999 by the intermediary of the Captaincy of the Port of
San Andrés authorization to the MARITIME GENERAL DIRECTORSHIP to operate
the fishing motorboat called “MISS TINA” of Nicaraguan flag, to practice fishing expeditions
in Colombian jurisdictional maritime waters.
That the National Institute for Fishery and Aquiculture INPA, has granted the Fishing
Patent number 2950 S.A.I. valid through the twenty-sixth (26) of June of the year 2000,
to practice white fishing in the Colombian jurisdictional maritime waters of the
Caribbean Sea, in which it is forbidden to use nets in the Archipelago of San Andrés,
Providencia and Santa Catalina.
579
That by articles 1st, 4th and 5th of the Agreement 0017 of the eighth (8) of May 1990 of
the INDERENA, approved by the INPA with Resolution number 140 of the twenty-seventh
(27) of June 1990 the fishing ban for the Caribbean queen conch in the area of the
Quitasueño bank is established, forbidding the extraction of spiny lobsters with a tail
shorter than 14 cm., and the catch of females carrying eggs.
That section 3 of article 51 of the Law 13 of the fifteenth (15) of January 1990 and article
22 of its Statutory Decree 2256 of the fourth (4) of October 1991 establish the prohibition
of practicing fishing within the areas reserved for inshore fishery in the
Caribbean Sea.
That in conformity with Article 1 of the Resolution number 170 of the twentieth (20) of
October 1998, of the Ministry of Agriculture and Article 4 of the Agreement 000012 of
the seventh (7) of November 1995, of the National Institute for Fishery and Agriculture
INPA, an inshore fishery zone is established in the area of the Guajira Peninsula and the
practice of inshore fishery at a distance of five (5) nautical miles starting from the lowest
tide in all the maritime coast of the Departments of Cordoba and Sucre, respectively.
That by means of Resolution number 0179 of the fifth (5) of May 1995 the INPA established
the ban of conch from the first (1) of June until the thirty-first (31) of October of
every year in the Colombian Caribbean Sea and the ban on the Caribbean queen conch
is confirmed in the area of the Quitasueño bank until the recovery of the species.
That in order to guarantee the compliance with the rules of the Colombian Merchant
Navy,
That mister John Alberto Taylor Newball, acting in his capacity as owner of the Trading
Facility called Transporte Taylor, in order to guarantee the compliance with the rules of
the Colombian Merchant Navy while the fishing motorboat called “MISS TINA” of
Nicaraguan flag remains in the Colombian jurisdictional waters of the Caribbean Sea has
established the Policy number 0210208862 of the insurance company La Previsora S.A.,
in the amount of five hundred thousand pesos ($500,000.00), on behalf of the Nation -
MARITIME GENERAL DIRECTORSHIP, valid through the thirteenth (13) of
December of the year 2000.
That mister John Alberto Taylor Newball acting in his capacity as owner of the Trading
Facility called Transporte Taylor, shall answer for the possible contamination that may
occur as a result of the stay and authorized operation of the fishing motorboat called
Miss Tina of Nicaraguan flag in the Colombian jurisdictional maritime waters of the
Caribbean Sea before the corresponding Environmental Authority.
That the characteristics of the fishing motorboat are the following:
NAME: Miss Tina
FLAG: Nicaraguan
580
LICENSE: 1123
LENGTH: 15.21 Meters
BREADTH: 6.10 Meters
DEPTH: 1.80 Meters
REGISTERED GROSS TONNAGE: 69.66 Tons
REGISTERED NET TONNAGE: 46.44 Tons
TYPE OF MACHINE OR ENGINE: Cummins Engine with 360 H.P.
MAXIMUM No. OF CREW MEMBERS: Six (6)
That article 4 of Decree 1862 of the fourth (4) of October 1967 establishes that in order
to practice fishing expeditions in Colombian jurisdictional waters the requirements provided
for in the Legislation of the Colombian Merchant Navy must be complied with.
That mister John Alberto Taylor Newball in his capacity as owner of the Trading Facility
called Transporte Taylor, showed all the certificates of seaworthiness and security issued
by the National Maritime Authority belonging to the fishing motorboat called Miss Tina
of Nicaraguan flag, verified by the Division of People and Vessels, which shall have to
be renewed immediately on their expiration date.
That section 6 of article 5 of the Law Decree 2324 of the eighteenth (18) of September
1984, establishes that it is a function of the General Maritime Authority, to authorize the
operation of vessels and naval artifacts in Colombian waters.
That taking into account the activity that shall be performed, there is no legal, or technical
impediment to agree to the request.
RESOLVES:
ARTICLE 1. To authorize the stay and temporary operation in the Colombian jurisdictional
maritime waters of the Caribbean Sea to the fishing motorboat called Miss Tina of
Nicaraguan flag, except in the area of the Guajira peninsula and in the five (5) nautical
miles measured from the lowest tide in the departments of Cordoba and Sucre, as well
as in the areas reserved for inshore fishery in the Colombian Caribbean Sea.
PARAGRAPH: The present Resolution of authorization, is conditioned to the compliance
with the following requirements:
1. To comply with the legal provisions, regarding the percentage of Colombian
workers that must be employed in the execution of the expeditions, for which the operation
is authorized.
2. To unload all the product of the authorized catch in a Colombian port.
3. To notify immediately the Captaincy of the Port of San Andrés in the moment
that the fishing boat Miss Tina of Nicaraguan flag is disaffiliated.
4. To pay on behalf of the Nation - MARITIME GENERAL DIRECTORSHIP a fee
581
of one dollar and eighty cents (US $ 1.80) of the United States of North-America per net
registered ton or fraction per year converted into legal Colombian currency at the representative
exchange rate of the market, informed by the Banking Superintendent’s Office
on the date the respective payment is made, in conformity with the provisions of the first
paragraph and paragraph d) of article 1 of the Decree 732 of the thirtieth (30) of March
1979, in conformity with article 1 of the decree 2771 of the sixteenth (16) of December
1991.
ARTICLE 2. The present authorization is valid through the twenty-sixth (26) of June of
the year 2000 date of validity of the Fishing Patent Certificate No. 2950 S.A.I. issued by
the National Institute for Fishery and Aquiculture - INPA.
ARTICLE 3. In case of violation of the legal provisions concerning the administrative
regime of the vessels, of the Merchant Navy and of the present Resolution the respective
sanctions shall be imposed, regardless of the sanctions that it may be incumbent upon
other authorities to impose.
ARTICLE 4. Against the present Resolution proceeds the revision appeal which must be
submitted in written form to the General Maritime Director within the five (5) working
days following its notification.
ARTICLE 6. For purposes of notification and control the Division of People and Vessels
must inform the Captaincies of the Ports of Cartagena, Barranquilla, Santa Marta, the
Navy Command in the Atlantic and the Specific Command of San Andrés and
Providencia.
ARTICLE 7. Once in force, the Captaincy of the Port of San Andrés shall send two (2)
copies of the Resolution to the Division of People and Vessels and to the Administrative
Division, to the Captaincies of the Ports of Cartagena, Barranquilla and Santa Marta, to
the Command of the Navy in the Atlantic, to the Specific Command of San Andrés and
Providencia, to the National Institute for Fishery and Aquiculture - INPA, to the Ministry
of the Environment and a copy placed in the respective file.
ARTICLE 8. The present resolution is in force since the date of its issuance.
BE IT NOTIFIED, KNOWN TO ALL AND COMPLIED WITH
Issued in Santafé de Bogota D.C., on
04 FEB. 2000
(Signed)
Rear-Admiral Jaime Jaramillo Gómez
General Maritime Director
582
Annex 167
RESOLUTION N° 440 FROM THE COLOMBIAN MARITIME AND PORT
GENERAL DIRECTORSHIP, 7 NOVEMBER 2001
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY MARITIME GENERAL DIRECTORSHIP
Resolution Number 0440
(07 NOV. 2001)
By means of which is authorized the stay and temporary operation in Colombian jurisdictional
maritime waters of the Archipelago of San Andrés and Providencia and Santa
Catalina of the fishing motorboat “MISS TINA” of Nicaraguan flag.
THE GENERAL MARITIME DIRECTOR
In use of his legal faculties given by section 6 of article 5 of the Law Decree 2324 of
the eighteenth (18th) of September 1984 and article 41 of the Statutory Decree 1423 of
the thirtieth (30th) of June 1989, and
CONSIDERING:
That mister Daniel Wilson Sinisterra Quiñonez identified with Colombian ID Card
(cédula de ciudadanía) No. 80.364.512 from Bogota and in his capacity as owner of the
Trade Facility called BARCO “DANIEL JR”., as stated in the Certificate of Registration
for Natural Person issued by the Chamber of Commerce of San Andrés and Providencia
on the twenty-seventh (27) of August 2001, has requested on the twelfth (12) of October
2001, that by the intermediary of the Captaincy of the Port of San Andrés to the MARITIME
GENERAL DIRECTORSHIP authorization to operate the fishing motorboat
called “MISS TINA” of Nicaraguan flag to practice fishing expeditions in Colombian
jurisdictional maritime waters.
That the National Institute for Fishing and Aquiculture INPA, has granted the Fishing
Patent number 5259 valid through the thirty-first (31) of December 2001, to practice the
fishing of conch and white fishing in Colombian jurisdictional maritime waters of the
Archipelago of San Andrés Providencia and Santa Catalina, in which the catch of the
583
Caribbean queen conch is forbidden between the first (1) of June and the thirty-first (31)
of October of each year, as well as the use of compressors, to practice expeditions outside
the area of the Archipelago of San Andrés, Providencia and Santa Catalina is not
authorized.
That by articles 1st, 4th and 5th of the Agreement 0017 of the eighth (8) of May 1990 of
the INDERENA, approved by the INPA by Resolution number 140 of the twenty-seventh
(27) of June 1990 the fishing ban for the Caribbean queen conch in the area of the
Quitasueño bank is established, forbids the extraction of spiny lobsters with a tail shorter
than 14 cm., and the catch of females carrying eggs.
That section 3 of article 51 of the Law 13 of the fifteenth (15) of January 1990 and article
22 of its Statutory Decree 2256 of the fourth (4) of October 1991 establish the prohibition
of practicing fishing within the areas reserved for inshore fishery in the
Caribbean Sea.
That by means of Resolution number 0179 of the fifth (5) of May 1995 the INPA established
the ban of conch from the first (1) of June until the thirty-first (31) of October of
each year in the Colombian Caribbean Sea and the ban of the Caribbean queen conch is
confirmed in the area of the Quitasueño bank until the recovery of the species.
That article 1 of the Resolution 1426 of the twentieth (20) of December 1996 of the
Ministry of the Environment, declares as an Area of Special Management the administration,
management and protection of the environment and the natural renewable
resources of the area of the Department Archipelago of San Andrés, Providencia and
Santa Catalina.
That mister Daniel Wilson Sinisterra Quiñonez identified with Colombian ID Card No.
80.364.512 of Bogota and in his capacity as owner of the Trading Facility called
BARCO “DANIEL JR”, to guarantee the compliance with the rules of the Colombian
Merchant Navy while the fishing motorboat called “MISS TINA” of Nicaraguan flag
remains in the jurisdictional maritime waters of the Archipelago of San Andrés,
Providencia and Santa Catalina, established the Policy number 1002240 of the Insurance
Company La Previsora S.A., in the amount of five hundred thousand pesos ($
500,000.00), on behalf of the Nation - MARITIME GENERAL DIRECTORSHIP, valid
through the twenty-seventh (27) of December 2002.
That mister Daniel Wilson Sinisterra Quiñonez identified with Colombian ID Card No.
80.364.512 of Bogota and in his capacity as owner of the Trading Facility called
BARCO “DANIEL JR”, shall answer for the possible contamination that may occur as
a result of the stay and authorized operation of the fishing motorboat called “MISS
TINA” of Nicaraguan flag in Colombian jurisdictional maritime waters of the
Archipelago of San Andrés, Providencia and Santa Catalina before the corresponding
Environmental Authority.
584
That the characteristics of the fishing motorboat are the following:
LICENSE: 1123
LENGTH: 15.21 Meters
BREADTH: 6.10 Meters
DEPTH: 1.80 Meters
REGISTERED GROSS TONNAGE: 69.66 Tons
REGISTERED NET TONNAGE: 46.44 Tons
TYPE OF MACHINE OR ENGINE: One Diesel 360 H.P.
MAXIMUM No. OF CREW MEMBERS: Five (5)
That article 4 of Decree 1862 of the fourth (4) of October 1967 establishes that in order
to practice fishing expeditions in Colombian jurisdictional waters the requirements provided
for in the Legislation of the Colombian Merchant Navy must be complied with.
That mister Daniel Wilson Sinisterra Quiñonez identified with Colombian ID Card No.
80.364.512 of Bogota and in his capacity as owner of the Trading Facility called
BARCO “DANIEL JR”, presented all the certificates of seaworthiness and security
issued by the National Maritime Authority belonging to the fishing motorboat called
“MISS TINA” of Nicaraguan flag verified by the Division of People and Vessels.
That section 6 of article 5 of the Law Decree 2324 of the eighteenth (18) of September
1984, establish that it is a function of the General Maritime Authority, to authorize the
operation of vessels and naval artifacts in Colombian waters.
That taking into account the activity that will be performed, there is no legal or technical
impediment to agree to the request.
RESOLVES:
ARTICLE 1. To authorize the stay and temporary operation in jurisdictional maritime
waters of the Archipelago of San Andrés, Providencia and Santa Catalina to the fishing
motorboat called “MISS TINA” of Nicaraguan flag except in the Area of Special
Management, formed by the Islands of San Andrés, Providencia and Santa Catalina, the
Cays of Albuquerque, East South-East, Roncador, Serrana, Quitasueño, Bajo Nuevo,
Serranilla and Alicia Banks, and the rest of islands, islets, cays, rocks, banks and reefs
and the territorial sea comprised within the jurisdiction of the Department Archipelago
of San Andrés, Providencia and Santa Catalina.
PARAGRAPH: The present Resolution of authorization is conditioned to the compliance
with the following requirements:
1. To comply with the provisions of Article 61 of Law 13 of 1990 and all the other
legal provisions, regarding the percentage of Colombian workers that must be employed
585
in the execution of the expeditions, for which the operation is authorized.
2. To unload all the product of the authorized catch in a Colombian port.
3. To notify immediately the Captaincy of the Port of San Andrés in the moment
that the fishing boat “MISS TINA” of Nicaraguan flag is disengaged in order to cancel
the permit authorized by the present Resolution.
4. To pay on behalf of the Nation - MARITIME GENERAL DIRECTORSHIP
every time they enter into Colombian port for the use of lighthouses and buoys, a fee of
one dollar and eighty cents (US $ 1.80) of the United States of North-America per net
registered ton or fraction per year converted into legal Colombian currency at the representative
exchange rate of the market, informed by the Banking Superintendent’s Office
on the date that the respective payment is made, in conformity with the provisions of the
first paragraph and paragraph d) of article 1 of the Decree 732 of the thirtieth (30) of
March 1979, in conformity with article 1 of the decree 2771 of the sixteenth (16) of
December 1991.
5. To comply with the provisions of the fishing Patent number 5259, in which it is
forbidden to catch the Caribbean queen conch between the 1st of June and the 31st of
October of each year, and to use compressors, it is not authorized to practice expeditions
outside the area of the Department Archipelago of San Andrés, Providencia and Santa
Catalina.
6. To request the corresponding set of sail permit every time the vessel leaves a
Colombian port due to the fact that the present resolution does not exempt it from doing
it.
ARTICLE 2. The present authorization is valid through the thirty-first (31) of December
2001 date of validity of the Fishing Patent Certificate No. 5259 issued by the National
Institute for Fishery and Aquiculture, Minister of Agriculture of the Republic of
Colombia.
ARTICLE 3. In case of violation of the legal provisions concerning the administrative
regime of the vessels, of the Merchant Navy and of the present Resolution the respective
sanctions shall be imposed, regardless of the sanctions that it may be incumbent upon
other authorities to impose.
ARTICLE 4. For its notification and compliance a copy of the present Resolution shall
be sent to the Captaincy of the Port of San Andrés.
ARTICLE 5. Against the present Resolution proceeds the revision appeal which must be
submitted in written form to the General Maritime Director within the five (5) working
days following its notification.
ARTICLE 6. For purposes of notification and control the Division of People and Vessels
must inform the Captaincies of the Ports of Cartagena, Barranquilla, Santa Marta, the
Navy Command in the Atlantic and the Specific Command of San Andrés and
Providencia.
586
ARTICLE 7. Once approved, the Captaincy of the Port of San Andrés shall send a copy
of the Resolution to the Division of People and Vessels, to the Administrative Division,
to the Ministry of Foreign Affairs, Ministry of the Environment and to the National
Institute for Fishery and Aquiculture - INPA.
ARTICLE 8. The present resolution is in force since the date of its issuance.
BE IT NOTIFIED, KNOWN TO ALL AND COMPLIED WITH
Issued in Santafé de Bogota D.C., on
07 NOV. 2001
(Signed)
Rear-Admiral CARLOS HUMBERTO PINEDA GALLO
General Maritime Director
587

Annex 168
RESOLUTION N° 474 FROM THE COLOMBIAN AND MARITIME AND
PORT GENERAL DIRECTORSHIP, 12 DECEMBER 2001
(Archives of the Colombian Navy)
REPUBLIC OF COLOMBIA
MINISTRY OF NATIONAL DEFENCE
NATIONAL NAVY
MARITIME GENERAL DIRECTORSHIP
Resolution Number 474
(12 December 2001)
By means of which is authorized the stay and temporary operation in the Colombian
jurisdictional maritime waters of the Archipelago of San Andrés and Providencia and
Santa Catalina of the fishing motorboat called “EXPLORER II” of Nicaraguan flag.
THE GENERAL MARITIME DIRECTOR
In use of his legal faculties given by section 6 of article 5 of the Law Decree 2324 of
the eighteenth (18) of September 1984 and article 41 of the Statutory Decree 1423 of
the thirtieth (30) of June 1989, and
CONSIDERING:
That mister GABRIEL JAIME AVILA TOVAR and in his capacity as owner of the
Trading Facility called PESCA ISLAS, as stated in the Certificate of Registration for
Natural Person issued by the Chamber of Commerce of San Andrés and Providencia on
the twenty-ninth (29) of October 2001, has requested on the fourteenth (14) of
November 2001, by the intermediary of the Captaincy of the Port of San Andrés to the
MARITIME GENERAL DIRECTORSHIP authorization to operate the fishing motorboat
called “EXPLORER II” of Nicaraguan flag to practice fishing expeditions in
Colombian jurisdictional maritime waters.
That the National Institute for Fishery and Aquiculture INPA, has granted the Fishing
Patent number 5261 valid through the twenty-first (21) of April 2002, to practice white
fishing in the Colombian jurisdictional maritime waters of the Archipelago of San
Andrés Providencia and Santa Catalina, in which it is forbidden to use nets, compres-
589
sors, and autonomous scuba diving equipments, it is not authorized to practice expeditions
outside the Archipelago of San Andrés, Providencia and Santa Catalina.
That by articles 1st, 4th and 5th of the Agreement 0017 of the eighth (8) of May 1990 of
the INDERENA, approved by the INPA by Resolution number 140 of the twenty-seventh
(27) of June 1990 is established the fishing ban for the Caribbean queen conch in
the area of the Quitasueño bank, is forbidden the extraction of spiny lobsters with a tail
shorter than 14 cm., and the catch of females carrying eggs.
That section 3 of article 51 of the Law 13 of the fifteenth (15) of January 1990 and article
22 of its Statutory Decree 2256 of the fourth (4) of October 1991 establish the prohibition
of fishing within the areas reserved for inshore fishery in the Caribbean Sea.
That by means of Resolution number 0179 of the fifth (5) of May 1995 the INPA established
the ban of conch from the first (1) of June until the thirty-first (31) of October of
each year in the Colombian Caribbean Sea and the ban of the Caribbean queen conch is
confirmed in the area of the Quitasueño bank until the recovery of the species.
That article 1 of the Resolution 1426 of the twentieth (20) of December 1996 of the
Ministry of the Environment, declares as an Area of Special Management for the administration,
management and protection of the environment and the natural renewable
resources the area of the Department Archipelago of San Andrés, Providencia and Santa
Catalina.
That the only paragraph of article 1st of the Resolution 1426 of the twentieth (20) of
December 1996, of the Ministry of the Environment, specifies that the Area of Special
Management is formed by the Islands of San Andrés, Providencia and Santa Catalina,
the Cays of Albuquerque, East South-East, Roncador, Serrana, Quitasueño, Bajo Nuevo,
Serranilla and Alicia Banks, and the rest of islands, islets, rocks, cays, banks and reefs
and the territorial sea comprised within the jurisdiction of the Department Archipelago
of San Andrés, Providencia and Santa Catalina.
That mister GABRIEL JAIME AVILA TOVAR and in his capacity as owner of the
Trading Facility called PESCA ISLAS, to guarantee the compliance with the rules of the
Colombian Merchant Navy while the fishing motorboat called “EXPLORER II” of
Nicaraguan flag remains in the jurisdictional maritime waters of the Archipelago of San
Andrés, Providencia and Santa Catalina, established the Policy number 1002392 of the
Insurance Company La Previsora S.A., in the amount of five hundred thousand pesos ($
500,000.00), on behalf of the Nation - MARITIME GENERAL DIRECTORSHIP, valid
through the twenty-fifth (25) of January 2003.
That mister GABRIEL JAIME AVILA TOVAR and in his capacity as owner of the
Trading Facility called PESCA ISLAS, shall answer for the possible contamination that
may occur as a result of the stay and authorized operation of the fishing motorboat called
“EXPLORER II” of Nicaraguan flag in Colombian jurisdictional maritime waters of the
590
Archipelago of San Andrés, Providencia and Santa Catalina before the corresponding
Environmental Authority.
That the characteristics of the fishing motorboat are the following:
LICENSE: 1.577
LENGTH: 20.37 Meters
WIDTH: 6.50 Meters
DEPTH: 2.00 Meters
DRAFT: 1.04 Meters
REGISTERED GROSS TONNAGE:110.28 Tons
REGISTERED NET TONNAGE: 73.52 Tons
TYPE OF MACHINE OR ENGINE:One GM Detroit/ 12V71 365 H.P.
MAXIMUM No. OF CREW MEMBERS: Seven (7)
That article 4 of Decree 1862 of the fourth (4) of October 1967 establishes that in order
to practice fishing expeditions in Colombian jurisdictional waters the requirements provided
for in the Legislation of the Colombian Merchant Navy must be complied with.
That mister GABRIEL JAIME AVILA TOVAR and in his capacity as owner of the
Trading Facility called PESCA ISLAS, showed all the certificates of seaworthiness and
security issued by the National Maritime Authority belonging to the fishing motorboat
called “EXPLORER II” of Nicaraguan flag verified by the Division of People and
Vessels.
That section 6 of article 5 of the Law Decree 2324 of the eighteenth (18) of September
1984, establishes that it is a function of the General Maritime Authority, to authorize the
operation of vessels and naval artifacts in Colombian waters.
That taking into account the activity that it will undertake, there is no legal or technical
impediment to agree to the request.
RESOLVES:
ARTICLE 1. To authorize the stay and temporary operation in jurisdictional maritime
waters of the Archipelago of San Andrés, Providencia and Santa Catalina to the fishing
motorboat called “EXPLORER II” of Nicaraguan flag except in the Area of Special
Management, formed by the Islands of San Andrés, Providencia and Santa Catalina, the
Cays of Albuquerque, East South-East, Roncador, Serrana, Quitasueño, Bajo Nuevo,
Serranilla and Alicia Banks, and the rest of islands, islets, rocks, cays, banks and reefs
and the territorial sea comprised within the jurisdiction of the Department Archipelago
of San Andrés, Providencia and Santa Catalina.
591
PARAGRAPH: The present Resolution of authorization is conditioned to the fulfillment
of the following requirements:
a) To comply with the provisions of Article 61 of Law 13 of 1990 and all the other
legal provisions, regarding the percentage of Colombian workers that must be employed
in the execution of the expeditions, for which the operation is authorized.
b) To unload all the product of the authorized catch in a Colombian port.
c) To notify immediately the Captaincy of the Port of San Andrés in the moment
that the fishing boat “EXPLORER II” of Nicaraguan flag is disaffiliated in order to cancel
the permit authorized by the present Resolution.
d) To pay on behalf of the Nation - MARITIME GENERAL DIRECTORSHIP
every time they enter into Colombian port for the use of lighthouses and buoys, a fee of
one dollar and eighty cents (US $ 1.80) of the United States of North-America per net
registered ton or fraction per year converted into legal Colombian currency at the representative
exchange rate of the market, informed by the Banking Superintendent’s Office
on the date that the respective payment is made, in conformity with the provisions of the
first paragraph and paragraph d) of article 1 of the Decree 732 of the thirtieth (30) of
March 1979, in conformity with article 1 of the decree 2771 of the sixteenth (16) of
December 1991.
e) To comply with the provisions of the fishing Patent number 5261, by which it is
forbidden to use nets, compressors, and autonomous scuba diving equipments, it is not
authorized to practice expeditions outside the Archipelago of San Andrés, Providencia
and Santa Catalina.
f) To request the corresponding set of sail permit every time the vessel leaves a
Colombian port due to the fact that the present resolution does not exempt it from doing
it.
ARTICLE 2. The present authorization is valid through the twenty-first (1) of April 2002
date of validity of the Fishing Patent Certificate No. 5261 issued by the National Institute
for Fishery and Aquiculture - INPA, Minister of Agriculture.
ARTICLE 3. In case of violation of the legal provisions concerning the administrative
regime of the vessels, of the Merchant Navy and of the present Resolution the respective
sanctions shall be imposed, regardless of the sanctions that it may be incumbent upon
other authorities to impose.
ARTICLE 4. For its notification and compliance a copy of the present Resolution shall
be sent to the Captaincy of the Port of San Andrés.
ARTICLE 5. Against the present Resolution proceeds the revision appeal which must be
submitted in written form to the General Maritime Director within the five (5) working
days following its notification.
ARTICLE 6. For purposes of notification and control the Division of People and Vessels
must inform the Captaincies of the Ports of Cartagena, Barranquilla, Santa Marta, the
592
Navy Command in the Atlantic and the Specific Command of San Andrés and
Providencia.
ARTICLE 7. Once in force, the Captaincy of the Port of San Andrés shall send a copy
of the Resolution to the Division of People and Vessels, to the Administrative Division,
to the Ministry of Foreign Affairs, Ministry of the Environment and to the National
Institute for Fishery and Aquiculture - INPA.
ARTICLE 8. The present resolution is in force since the date of its issuance.
Be it notified, known to all and complied with
Issued in Santafé de Bogota D.C., on
12 DEC. 2001
(Signed)
Rear-Admiral Carlos Humberto Pineda Gallo
General Maritime Director
593

Annex 169
OPERATION PERMIT FROM THE COLOMBIAN MARITIME GENERAL
DIRECTORSHIP, 24 APRIL 2002
(Archives of the Colombian Navy)
MINISTRY OF DEFENSE - NATIONAL NAVY
THE GENERAL MARITIME DIRECTORSHIP
NOTIFIES:
THAT THE SHIP CAPITANA
WITH LICENSE NO. 1214 FLAG: NICARAGUA
WITH A GROSS TONNAGE OF 120.00 Tons. AND NET TONNAGE OF 85.00 Tons.
AFFILIATING COMPANY C.I. ANTILLANA S.A.
Once verified the fulfillment of the requirements that to that end stipulate the rules of the
Merchant Navy, grants the present:
OPERATION PERMIT FOR FOREIGN FISHERMEN
In jurisdictional waters of SAN ANDRÉS, PROVIDENCIA and SANTA CATALINA
To develop the type of fishing ……: WHITE and LOBSTER
With the following observations and/or operational restrictions:
It is forbidden: To capture lobster eggs, with a tail shorter than 14 cm, the use of compressors,
diving tanks and the use of nets, fishing expeditions outside the Archipelago of
San Andrés, Providencia and Santa Catalina are not allowed. The present authorization
is granted until the expiry date of the Safety and Seaworthiness Certificates issued by the
General Maritime Directorship - DIMAR.
The present Authorization is conditioned to:
595
● Comply with the provisions of article 61 Law 13/1990, on the percentage of
Colombian crewmembers on board.
● Unload the full content of the captured goods in a Colombian port.
● Immediately notify the Port Captaincy about the disaffiliation of the ship.
● Pay the Nation-Dimar for (the use of) lighthouses and buoys US$ 1.80 cents per
TRN every time the ship enters a Colombian port.
● Request from the Captaincy an authorization to set sail every time the ship leaves
a Colombian port.
● Accept the inspection performed by the Legitimate Authority (National Navy)
without any restriction to all the equipments and compartments of the ship every
time it’s needed.
● To have on board the national Colombian cartography and the rest of the pertinent
rules.
DATE OF ISSUE: 24/04/2002 VALID THROUGH: 10/04/2003
(Signed)
Rear-Admiral Carlos Humberto Pineda Gallo
GENERAL MARITIME DIRECTOR
1150010000006-SINFAD 000691
IT IS FORBIDDEN TO LAMINATE THIS DOCUMENT
596
Annex 170
RESOLUTION N° 128 OF CORALINA, THE ENVIRONMENTAL
AUTHORITY IN THE ARCHIPELAGO OF SAN ANDRÉS,
27 FEBRUARY 2006
(Archives of the Colombian Navy)
CORALINA
Corporation for the Sustainable Development of the Archipelago of San Andrés,
Providencia and Santa Catalina
Resolution No. 128
(27 Feb. 2006)
Whereby a request is resolved
The undersigned Director-General, in charge of the Corporation for the Sustainable
Development of the Archipelago of San Andrés, Providencia and Santa Catalina -
Coralina, in his legal capacities conferred by agreement No. 001 of 24 February 2006
and his respective act of taking office, Law 99 of 1993 and other concordant rules, and
Considering
That by note No. 2743 of 30 November 2005, Mr. Lieutenant-Commander Abel
Francisco Villadiego Caballero, in his capacity as Port Captain of San Andrés, Island,
submitted a request of Environmental Feasibility for the construction of lighthouse keeper’s
quarters on the Cays of Roncador and Serrana, of the Archipelago of San Andrés.
That having submitted the request to the Subdivision of Environmental Management, it
issued the Technical Opinion No. 010 of 20 January 2006, wherein it is assessed that it
is viable to grant the Environmental Feasibility, under certain conditions, as it will be
detailed in the operative part of the present instrument.
That out of the aforesaid Technical Opinion, the following excerpts are transcribed:
“(…)
Evaluation of the project
By Resolution No. 107 of 27 January 2005, the Ministry of the Environment, Housing
597
and Territorial Development declared as Protected Marine Areas (AMPs) of the
Seaflower Biosphere Reserve, the area of the Archipelago of San Andrés, Providencia
and Santa Catalina, due to its particular ecological, economic, social and cultural importance.
By Agreement 021 of 2005 the Corporation set the internal limits of the AMPs,
and by Agreement 025 of 2004, the Protected Marine Area was zoned and the General
Regulation of uses and other provisions are issued. A map with the internal delimitation
of the Protected Marine Areas of the Seaflower Biosphere Reserve, according to
Agreement 021 of 9 June 2005.
The zoning agreements of the Protected Marine Areas have been signed, with their
respective delimitations, uses, regulations, the main purpose of which is the adequate
management of the Marine Areas, aiming at minimizing the impact of human activities
and harmonizing these with the principles of conservation.
(…)
The demolition and reconstruction of the structures on the cays of Serrana and Roncador
could entail impacts on the fauna associated with the area, particularly avian fauna and
nesting and egg-breaking locations of marine turtles, both due to the presence of persons
as well as because of the noise and transit generated by the works.
Although there is the presence of the marine infantry personnel on these cays, they do
not relevantly influence the preservation of resources, since they currently only take part
in turtle-watching outings by agreement with Coralina.
Analysis of general impact on resources:
Taking into account that the works are being projected for two cays of the Biosphere
Reserve with a small emerging area, fragile ecosystems and environmental importance
for endemic and migratory species, an analysis of the possible impact of this type of
works on the insular environment is hereafter described.
(…)
Fauna
The Archipelago contains around 155 species of birds, between resident, migratory and
occasional. Out of these marine birds, seven (7) families (Procellaridae, Pelicanidae,
Sulidae, Phalacrocoracidae, Fregatidae, Laridae and Stercordiae) with 22 species,
where 6 of them nest forming colonies, particularly in the northern cays of Serrana,
Roncador and Serranilla (Garcia 2005).
The emission of noises during times of fauna activity in loud levels can alter the surroundings
of the avian fauna, crustaceans, turtles and other species associated to the
ecosystem of the cays.
(…)
Avian fauna and reptiles represent the species where the most impact could be caused,
these banks (Serrana, Roncador and Serranilla) being the most important area for the
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nesting and egg-breaking of marine birds and turtles of the Archipelago, declared as Area
of Importance for the Preservation of Birds -AICAS, 2005 (García, 2005) and integrated
to the Network of Preservation of Sea Turtles of the Greater Caribbean Region -
WIDECAST, 2005.
Landscape
For several years, structures of this type have existed on the cays. Therefore, this project
does not entail new landscape alterations, if the dimensions and amount of existing structures
remains the same. And although the impacts due to noise, personnel presence and
materials management is evident, the magnitude of the work also allows for mitigation
measures to be implemented that could be effective, such as defining schedules for the
labors, adequate debris management and adequate solid waste management.
(…)
In particular, in Roncador Cay there is a high beach dynamics, disadvantageous to
marine birds and sea turtles. Physical phenomena have progressively deposited coral and
rock remains that, while not reducing the length of the beach, becomes an obstacle for
the female at the time of digging the nest and for newborns in emergency.
The slight incline of the only available beach on Roncador is due to the presence of a
reef protecting the zone and enabling the arrival of crawling turtles; the ascent on other
sides of the islet, other than those facing this beach is very difficult due to the presence
of rocks and dead coral remains.
During the wintertime, internal lagoons are formed in Roncador Bank, coinciding with
the migration of certain flocks of birds (see photograph records No. 1 and 3), these small
wetlands serve as stop-over and nesting places, particularly for brown and red-footed
booby (Sula Leucogaster and S. dactylatra). On the cay, the only beach suitable for the
nesting of sea turtles is 90 m. long, to the north of the internal lagoons, therefore, any
disturbance of these habitats could generate irreversible impacts on the populations of
these species, that are included in Appendix I of CICTES (endangered species).
(…)
Opinion
Taking into account that the project is planned within the Seaflower Biosphere Reserve,
in a land area of environmental and strategic importance for the species, both endemic
and migratory, associated to the marine and coastal ecosystems, particularly during the
periods for reproduction and feeding, the works demand the implementation of measures
and sustainable practices that harmonize the conservation and preservation activities for
the species of fauna and flora. Due to the above, the Sub-division of Environmental
Management considers it is environmentally feasible to carry out the project, as long as
a it strictly complies with the following obligations and recommendations.
(…)
That in accordance with paragraph 2 of article 31 of Law 99 of 1993, following the
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favorable declaration of environmental feasibility by the corresponding Autonomous
Regional Corporation, the DIMAR has the duty to grant authorizations, concessions and
permits for the temporary occupation of beaches and low-tide terrains.
That the Ministry of the Environment, Housing and Territorial Development, through
Resolution 107 of 27 January 2005 declared an marine zone within the Archipelago
Department of San Andrés, Providencia and Santa Catalina, as a Protected Marine Area
-AMP- of the Seaflower Biosphere Reserve, due to its particular ecological, economic,
social and cultural importance.
That in view of the above, Coralina
Decides
Article One: To grant the environmental feasibility to DIMAR, requested by Mr.
Lieutenant-Commander Abel Francisco Villadiego Caballero, in his capacity as Port
Captain of the island of San Andrés, for the construction of lighthouse keeper’s quarters
on the cays of Roncador and Serrana, in accordance with what was stated in the section
of motives of this instrument.
Paragraph: The beneficiary of this environmental feasibility shall comply with the following
obligations:
To submit to the Corporation, prior to the start of the works, the dimensions of the existing
works on each cay, compared to the dimensions and locations of those proposed, in
order for the environmental authority to be clearer on the dimensions of the projected
works vis-à-vis the existing ones, and make recommendations in that regard.
To define, in the case of Serrana, prior to stating the works, which of the recommendations
of the consulting firm, in accordance with the two alternatives presented, will be
adopted; whether it be 1) the modification, improvement of distribution and loads on the
out-facing walls of the current structure, posing the possibility of reinforcing the foundation
structure or reconstructing it, or 2) the complete reconstruction of the structure
using the design to be implemented on Roncador Cay.
(…)
To indicate the source and method of transport of the granular material (sand) to be used
in the masonry works, taking into account that in accordance with environmental regulations
in force for the Archipelago, pursuant to Resolution 151/1998 issued by Coralina,
the Archipelago’s beaches were declared as areas of special management.
To indicate to the Corporation, what measures for using rainwater or other practices will
be used to reduce the volume of underground water extracted from the underground
water wells present on the cays, in the construction and operation of the works, to prevent
processes of marine intrusion into the existing water lenses.
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(…)
Article Four: Coralina may verify, at any time, the compliance with the obligations contained
in the present administrative act, and Coralina may modify the conditions of the
same when needs so demand it. The non-compliance with the provisions contained in
the present act will give rise to the application of preventive measures and penalties,
foreseen in Law 99 of 1993.
(…)
Article Seven: The present resolution may be recurred in appeal before Coralina’s
Director-General; it shall be done in person, and in writing, within five working days following
its notification.
Be it notified, published and complied with.
Issued in San Andrés Island, on 27 Feb. 2006
(Signed)
Rixcie D. Newball Stephens
Director-General (Deputy)
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OTHER DOCUMENTS
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Annex 172
1820 SAILING DIRECTIONS OF THE SPANISH NAVY
(Armada de España, Derrotero de las islas antillanas, de las costas de tierra firme, y
de las del seno mexicano, formado en la Dirección de Trabajos Hidrográficos para
inteligencia y uso de las cartas que ha publicado. 2nd ed. Corregida y aumentada con
noticias muy recientes y con un apéndice sobre las corrientes del Océano Atlántico,
Madrid, Imprenta Nacional, 1820, pp. 393-397)
(…)
Having described the coasts, the cays and reefs… to the east, at a distance of 20 leagues,
we will now say something about the islands and shoal bordering vis-à-vis that coast that
are beyond sounding depth.
The cays of Alburquerque or of SSW. are the southernmost and westernmost of all: there
are three of them with a good sandbank where one can cast anchor, and they are clean,
and there is no need to be at guard from anything other tan what is in plain sight, since
although there are certain rocks around them, they are very close to them.
To the N. 18° E. of these cays, and at a distance of seven leagues is the island of San
Andrés, the location of which is well known and safe enough for navigation. All the
shores of this island are generally rocky, the most protruding tips to the W. are clean of
soboruco, and all the W. coast is so steep that half-a-mile off it, it is almost impossible
to reach bottom. The E. coast is cut off by a reef that makes it inaccessible, and that in
some places protrudes for over a mile. The length of this island is seven leagues from
N. to S., and two from E. to W. at its widest. On the W. part, at the anchoring place, there
are two mountains protruding from the rest of the island, that is rugged in general, but it
does not form streams or cliffs, its slopes being very moderate; these mountains can be
seen on clear days from 10 to 12 leagues off. On the whole island there is no river or
creek, nor any spring is known; which is why its inhabitants use shallow wells that provide
thick and salty water. To reach this island there is no need of someone with practical
skills, since staying away from the E. coast, that in no case should be passed along
at a distance under three or four miles, one can head carefree to any point on the W.
coast. But if one is inclined to drop anchor, the prow should be directed to the southernmost
part of the island, without fear of coming up to half-a-cable’s length if desired. And
after seeing the so-called West inlet that is formed by the westernmost tip of the island,
one heads towards it and drops anchor at 10 or less fathoms of water over sand: the ten
fathoms are reached at one and a half cable’s lengths from land. This anchorage place
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is very sheltered from the breezes, but in the season of Northern [winds] one must be
very alert to set sail at the slightest indication of a storm.
Cays of the ESE [East-Southeast]. At about E.¼ SE. from this island there are three cays
called ESE., that are about six leagues off its southernmost part. These cays are surrounded
by reefs and shallow sandbanks; and although there is an anchoring place on it
for small vessels, it is necessary to have practical skills to approach it. These cays have
loose rocks to the N. and NNE., out to seven miles from them, as can be deduced by the
following occurrence told by the first pilot Don Miguel Patiño, Commander of the gunboat
Concepción, that went to explore the Mosquito coast in 1804. ‘Sailing around
12°35' latitude and 4°55' longitude W. of Cartagena de Indias, at half past eight in the
morning, on a clear day and clear water, the helm of the gunboat of the gunboat with a
draft of six feet and three inches Burgos [measure] jumped about a foot, without any
crash or scraping being felt in any other part of the hull. The speed was six miles, but
neither the sailor that was on the topmast, nor those of us who were on deck saw any
spot, breaker or other sign underneath. No reconnaissance could be carried out since it
was not possible to cross with the small canoe that was the only small vessel we carried.
At nine, the ESE. Cays were sighted to the S. from the topmast, and at 10 the island of
San Andrés was sighted amidst fog.
Islands of Santa Catalina and Providencia. The islands of Santa Catalina and
Providencia, which are separated by a small channel, can be considered as a single
island. They are located at N. 20° E. of San Andrés, some 18 leagues [off]…
Important notice. Of all the other shoals and islands drawn on the chart, we are only able
to provide detailed data on Bajo Nuevo, given that, although those of Serranilla, Serrana
and Roncador were recognized and located, we have no additional data other than their
situation; and although their positions have been rectified on the chart, we include the
data on them for further information for sailors.
Roncador
Its northernmost part is located at latitude 13°35'7" and longitude 4°36'3" west of
Cartagena de Indias. It is five miles wide in the following direction N. 28' W. and S. 28°
W. There is an islet on its northern part and a cay to the south of the islet.
Serrana
Its northernmost part is at latitude 14°18'46" and its southernmost part at 14°18'72". Its
eastern part is at longitude 4°35'3" west of Cartagena de Indias and the western part is at
4°54'54".
Serranilla
Its eastern part is at latitude 15°45'20" and longitude 4°21'20" west of Cartagena de
Indias. This shoal or its breakers extend 15 miles long from E to W.
Bajo Nuevo. Bajo Nuevo is a shoal that may be some 7 miles long from N to S and 14
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from E to W. On the Eastern part it is completely surrounded by a very steep reef and,
on the contrary, on the western part the bottom recedes smoothly. At one and-a-half
miles from its northernmost end there is a sand cay, located at latitude 15°52'20" and longitude
3°10'58" west of Cartagena de Indias to the WNW, at some 3 to 4 miles of which
it is possible to drop anchor. Nevertheless, care must be taken to avoid entering this
shoal at under 10 fathoms deep, because to the WNW of the cay, at a distance of 2 anda-
half miles a rock under only 7 feet of water has been located. And to the S¼ SE from
it, at a distance of one mile, another was located under only four feet of water. Both
rocks are over five fathoms of water. They are very steep and no larger than a ship.
(…)
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Annex 173
NOTE FROM THE COMMODORE AT THE BRITISH COLONIAL OFFICE
TO THE GOVERNOR OF JAMAICA, 29 DECEMBER 1874.
INCLUDES, AS ENCLOSURE, REPORT SUBMITTED BY CAPTAIN
ERSKINE TO THE COMMODORE, 26 DECEMBER 1874.
(British Public Record Office, Reference N° CO 137/479)
Documents on pages to follow
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Annex 174
NOTE N° 20 FROM THE GOVERNOR OF JAMAICA TO THE BRITISH
COLONIAL OFFICE, 9 FEBRUARY 1875
(British Public Record Office, Reference N° CO 137/479)
Documents on pages to follow
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Annex 175
NOTE N° 340, AND ENCLOSURES, FROM THE UNITED STATES MINISTER
IN BOGOTÁ TO THE DEPARTMENT OF STATE, 4 MAY 1892
(Department of State Archives, Microfilms, T33, Rolls 42-50, Despatches from US
Ministers to Colombia. National Archives, College Park, MD)
Documents on pages to follow
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650
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Annex 176
NOTE N° 76 FROM THE DEPARTMENT OF STATE TO THE UNITED
STATES MINISTER IN BOGOTÁ, 26 NOVEMBER 1894
(Department of State Archives, Microfilms, M77, Rolls 45-48, Diplomatic instructions
of DOS to Legation at Bogota. At the National Archives,
College Park, MD)
Documents on pages to follow
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671
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673
Annex 177
NOTE N° 91 FROM THE UNITED STATES MINISTER IN BOGOTÁ TO THE
DEPARTMENT OF STATE, 19 JANUARY 1895
(Department of State Archives, Microfilms, T33, Roll 52, Despatches from US
Ministers to Colombia. National Archives, College Park, MD)
Documents on pages to follow
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675
676
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Annex 178
NOTE N° 267 FROM THE DEPARTMENT OF STATE TO THE UNITED
STATES MINISTER IN BOGOTÁ, 14 APRIL 1897
(Department of State Archives, Microfilms, T33, Roll 54, Despatches from US
Ministers to Colombia. At the National Archives, College Park, MD)
Document on page to follow
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679
Annex 179
MEMORANDUM FROM THE FRENCH FOREIGN MINISTER, MR.
DELCASSÉ, TO THE FRENCH PRESIDENT, MR. LOUBET,
13 OCTOBER 1900
(Copie Certifiée Conforme á l´Original Conservé aux Archives du Ministère des
Affaires Etrangères de la République Française.
Paris, le 09 avril 2002. Le Directeur des Archives, Yvon ROE d´Albert)
By a Note sent to the Foreign Ministry on 22nd September last, the representative of the
Republic of Nicaragua at Paris has stated the rights that his government would be in
capacity to uphold over the Mangle Chico and Mangle Grande [Little and Great Corn]
islands mentioned in the arbitral award rendered on 11 September of the same year
between Colombia and Costa Rica.
Mr. Crisanto Medina has on this occasion, invoked the treaty concluded by both States
on 20 January 1886, with a view to their respective delimitation and to the terms thereof
according to which the arbitration in question may not affect the rights that a third
party might claim as to the property of the territory in dispute.
It seems possible to formulate, in response to this note, the following observations:
Taking that convention into account, as well as the general rules of ius gentium, in designating
the islands listed in his Award in a nominative manner, the Arbiter has intended
nothing but to state that the territory of those islands does not belong to Costa Rica.
Not having to make a statement over the question of limits pending between that State
and the Colombian State, he [the Arbiter] had no documents allowing him to exclude, on
behalf of any third Power, the Mangle Chico and Mangle Grande [Little and Great Corn]
islands from the groups of San Andrés, Providencia, Alburquerque, etc… to which they
are expressly linked in the text of the Bogota treaty of 30 March 1865 and over which
Colombia, through this action, reserved its rights towards Costa Rica.
In these circumstances, the dispute that may arise between Nicaragua and Colombia
relating to the possession of these islands, is unaffected as heretofore, not having the
Arbiter set out to, in any way, settle a question between the latter two States that had not
been submitted to him.
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If the Arbiter approves the conclusions of the present note, written jointly with the
Department’s Jurisconsult, the Minister of Foreign Affairs shall address a note in that
sense to the Minister of Nicaragua in Paris.
13 October 1900.
I entirely approve the conclusions of the note above.
Paris 20 October 1900
(Signed) Émile Loubet
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Annex 180
NOTE N° 34429 FROM THE BRITISH FOREIGN OFFICE TO THE COLONIAL
OFFICE, 24 OCTOBER 1906, AND ENCLOSED MEMORANDUM
DATED 18 OCTOBER 1906
(British Public Record Office)
Documents on pages to follow
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683
684
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687
Annex 181
NOTE FROM THE DEPARTMENT OF THE NAVY TO THE DEPARTMENT
OF STATE, 27 FEBRUARY 1913
(Department of State Archives, National Archives, College Park, MD)
Document on page to follow
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689
Annex 182
NOTE FROM THE GOVERNOR OF THE ARCHIPELAGO OF SAN ANDRÉS
TO THE CAPTAIN OF THE W.E. HURLSTON, 2 APRIL 1913
(The Searchlight, Newspaper, San Andrés, 21 April 1913)
Document on page to follow
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Annex 183
NOTE FROM THE DEPARTMENT OF THE NAVY TO THE DEPARTMENT
OF STATE, 9 APRIL 1914
(Department of State Archives, National Archives, College Park, MD)
Document on page to follow
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693
Annex 184
NOTE Nº 109/271 FROM THE COMMISSIONER OF THE CAYMAN ISLANDS
TO THE COLONIAL SECRETARY AT JAMAICA,
13 JUNE 1914
(Jamaica Archives)
Documents on pages to follow
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697
Annex 185
NOTE Nº 30613/14 FROM THE BRITISH FOREIGN OFFICE TO THE
UNDERSECRETARY OF STATE FOR THE COLONIES, 10 JULY 1914
(General Archives of Colombia)
Document on page to follow
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699
Annex 186
NOTE FROM THE SECRETARY OF STATE FOR THE COLONIES TO THE
GOVERNOR OF JAMAICA, 23 JULY 1914
(Jamaica Archives)
Document on page to follow
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701
Annex 187
NOTE FROM THE GOVERNOR OF JAMAICA TO THE SECRETARY OF
STATE FOR THE COLONIES, 14 NOVEMBER 1914
(Jamaica Archives)
Document on page to follow
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703
Annex 188
NOTE FROM THE DEPARTMENT OF THE NAVY TO THE DEPARTMENT
OF STATE, 3 FEBRUARY 1915
(Department of State Archives, 811.0141C19/12. At the National Archives,
College Park, MD)
Document on page to follow
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Annex 189
LETTER FROM MR. EDWARD A. ALEXANDER, COUNSELOR AT LAW,
NEW YORK, TO THE DEPARTMENT OF STATE, 19 JULY 1915
(Department of State Archives, 811.0141/18. At the National Archives,
College Park, MD)
Document on page to follow
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Annex 190
NOTE FROM MR. WILLIAM PHILLIPS, THIRD ASSISTANT SECRETARY,
FOR THE SECRETARY OF STATE, TO MR. ALEXANDER, 27 JULY 1915
(Department of State Archives, 811.0141/18. At the National Archives,
College Park, MD)
Document on page to follow
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709
Annex 191
TELEGRAM FROM THE UNITED STATES MINISTER IN BOGOTÁ TO THE
DEPARTMENT OF STATE, 17 SEPTEMBER 1919
Papers relating to the Foreign Relations of the United States, 1919, Vol. I
(Washington, United States Government Printing Office, 1934), p. 798.
Documents on pages to follow
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Annex 192
TELEGRAM FROM THE UNITED STATES MINISTER IN BOGOTÁ TO THE
DEPARTMENT OF STATE, 4 OCTOBER 1919
Papers relating to the Foreign Relations of the United States, 1919, Vol. I
(Washington, United States Government Printing Office, 1934), pp. 800-801.
Documents on pages to follow
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715

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Annex 193
TELEGRAM FROM THE SECRETARY OF STATE TO THE UNITED STATES
MINISTER IN BOGOTÁ, 16 OCTOBER 1919
Papers relating to the Foreign Relations of the United States, 1919, Vol. I
(Washington, United States Government Printing Office, 1934), p. 801.
Document on page to follow
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Annex 194
NOTICE Nº 21 ISSUED BY THE BRITISH COMMISSIONER OF THE CAYMAN
ISLANDS, 22 MAY 1924
(Enclosure to Jamaica Confidential Despatch dated June 1924. British National
Archives. Reference N° FO 371/9529)
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Annex 195
BRITISH FOREIGN OFFICE’S INTERNAL DOCUMENT OF
29 NOVEMBER 1926
(British National Archives, Reference N° FO 371/11129, Registry N° A6245/21/11)
Documents on pages to follow
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Annex 196
OFFICIAL OPINION OF THE NICARAGUAN GOVERNMENT ON THE END
OF THE DISPUTE WITH COLOMBIA, 22 SEPTEMBER 1928
(La Gaceta, Diario Oficial N° 216, Managua, D.N. 22 September 1928,
pp. 1629-1631)
Editorial Note
Official Opinion on the end of the Dispute with Colombia
During the present and past week, the press of this capital has been dealing with the
Agreement that put an end to the controversy that for many years Nicaragua held with
the sister Republic of Colombia, on the issue of sovereignty over the Mosquito Coast,
over the Mangle Grande and Mangle Chico islands in the Atlantic Ocean, and over the
Islands of San Andrés and Providencia, and other islets that are known by the name of
Archipelago of San Andrés.
It is true that the present Government, through its Plenipotentiary, Mr. José Bárcenas
Meneses, concluded a Treaty with the Government of Colombia, represented by its
Plenipotentiary, Mr. Manuel Esguerra; a Treaty the complete text of which is published
in other columns of this same number of La Gaceta. Until now, a certain confidence had
been observed with regard to the clauses of that agreement, not out of any wish to shroud
it in mystery, but because the circumstances of a diplomatic process so demand; and it
was easy to comply with it because the time at which the above mentioned Treaty could
be submitted to the approval of the Sovereign Congress, that is to crown this act of
friendly transaction, was still far off.
All citizens are well acquainted with the dispute referred to. For almost a century, it was
the substance of one of the issues which disturbed us in the purpose of integrating our
territory on the Atlantic side, to give our country the geographical form that has characterized
its special importance in the Continent. The last stage of this dispute, that has
been the most intense one in the discussion of the rights and claims of both Republics,
started in February of the year 1916 [sic], when the Government of Colombia sent a note
of protest to the State Department in Washington, due to the conclusion of the Chamorro-
Bryan Pact. In this document, the Colombian Foreign Ministry stated that our Atlantic
Coast is Colombian territory, and that it does not belong to the geographical circumscription
of Central America; moreover, it claimed its dominion over the Mangle Islands, the
lease of which was an integral part of the aforementioned Chamorro-Bryan Pact. We
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contradicted their demands and, based on documents, advanced a claim to Colombia
over the islands of San Andrés and Providencia, occupied and governed by its administration.
The discussions and efforts of our Ministry of Foreign Affairs have been long and interesting;
they pulsed between serenity in judgment and firmness in the intention of maintaining
the integrity of our territory.
We will not follow step by step the incidents of such an interesting process; but undoubtedly,
the main subject, the core of this issue for Nicaragua, was to clarify its dominion
over the Atlantic Coast, called the Mosquito Coast, and over the Mangle Islands, that
constitute an essential terrain for the construction of our canal, the desideratum of our
national aspirations since before Independence; that is to say, ever since Nicaragua lived
under the empire of the Motherland.
Every country has its marked geographical destiny that is like the mold in which its
nationality and its history are formed.
The geographical destiny of Nicaragua has been made up of its lakes, bringing the two
big oceans nearer to one another and offering the possibility of an easy and magnificent
canal linking them both. When we became independent from the Motherland, we
received our territorial circumscription diminished on the Atlantic Coast, and overshadowed
by doubts regarding our titles of dominion. The obstacles posed by this geographical
deficiency for attaining the canal have not been small. More than once they altered
the trends favoring the work, to the benefit of others and to our present’s detriment, postponing
until a distant future that coveted reality held as a promise of our geography.
Since the conclusion of the Chamorro-Bryan Pact, year after year the realization of the
magna idea has become visibly closer and today, palpable circumstances start turning
hope into a near and prolific reality. It was necessary, therefore, to set aside impediments,
cleanse our titles, fix our rights, so that when the time comes no foreign protests can
again delay that which can be the fruit of this generation.
This criterion has inspired the Government to conclude the Treaty that we briefly examine
in this editorial. Moreover, the Executive has considered that Colombia is a sister
nation with whom was reconciling interests was worthwhile, even reducing just claims,
to harmoniously resolve a problem that seemed unsolvable throughout the whole century
of both Republics’ existence as independent nations.
Our Government being so motivated, the cooperation that was prudently afforded to us
by Washington’s State Department was an important part in facilitating a definitive and
friendly understanding. The public statements of the current President of the United
States, Mr. Calvin Coolidge, in which he expresses his desire to leave all the territorial
questions that could pose obstacles to continental harmony resolved, if possible, during
his administration, no doubt led the State Department to lend us its intelligent, reason-
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able and friendly cooperation, at the opportune moment to settle the existing discord by
mutual concessions and with a fraternal spirit.
Encouraged by the publications in the press, we break a confidence that is no longer necessary
and we deliver the Treaty to the Nicaraguan public, so that it may calmly study
and discuss it and prepare the general views that the Sovereign Congress shall find. The
Congress, representing the true public opinion, will sanction the agreement on [the basis
of] which the Executive has intended to found the clean integrity of our Atlantic territory.
[T.N.: Entire text of the 1928 Treaty and Nicaraguan Presidential approval and submission
to Congress follow under heading: “Executive Branch, Ministry of Foreign
Affairs”]

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Annex 197
NOTE N° 1316 FROM THE UNITED STATES CHARGÉ D’AFFAIRES A.I. AT
MANAGUA, TO THE SECRETARY OF STATE OF THE UNITED STATES, 11
FEBRUARY 1930
(Department of State Archives, 717.2114/98. At the National Archives,
College Park, MD)
Documents on pages to follow
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Annex 198
RECORD OF SESSION XLVIII OF THE CHAMBER OF THE SENATE
OF THE NICARAGUAN CONGRESS, 4 MARCH 1930
(La Gaceta, Diario Oficial N° 94, Managua, D.N., 1 May 1930, pp. 746-747)
CHAMBER OF THE SENATE
Session XLVIII of the Chamber of the Senate in its ordinary meeting of the eighteenth
constitutional period, held at ten in the morning, on Tuesday, 4 March 1930.
Presidency of Senator Román
Senators Present: Hodgson, Castellón (Trinidad), López Irías, Somarriba, Pereira,
Trejos, Krause, Víquez, Pérez, Cuadra (J. D.), Callejas, Paniagua Prado, Ocón, Collado,
Genie, Amador, Velásquez, Pastora, Arcia and Secretaries of the Senate: Altamirano and
Cajina Mora, Senators Mora and Tapia Moncada were absent with permission.
[T.N. Pertinent Excerpt follows.]
7°--The report of the Commission, signed by Senators Paniagua Prado, Pérez and
Amador, that had studied the initiative of the Executive Branch, submitting the border
Treaty between Nicaragua and Colombia for the consideration of this High Body, was
read. The aforesaid were of the opinion that the Treaty entered into between these two
Republics on 24 March 1928, approved by the Executive Branch on 27 of the same
month and year, should be ratified. The Treaty brings to an end, the question pending
between both States regarding the Archipelago of San Andrés and Providencia and the
Nicaraguan Mosquitia; understanding that the Archipelago of San Andrés mentioned in
the first clause of the Treaty does not extend west of Greenwich meridian 82 of the chart
published in October 1885 by the Hydrographic Office of Washington under the authority
of the Secretary of the Navy of the United States of North America.
Having taken the report into consideration and having subjected it to general discussion,
Senator Paniagua Prado, Reporting member, took the floor to explain the causes which
gave rise to the dispute between Colombia and Nicaragua over the rights alleged by both
parties to the islands of San Andrés and Providencia and those of the Corn Island [sic]
and the Mosquitia Coast, whose origin was in the alarm generated in Colombia by the
Byran[sic]-Chamorro Treaty. He said more: that there being no ground whatsoever for
the pretensions [of Nicaragua] over the disputed territories, the best solution that can be
given to this dispute from a patriotic standpoint, is to approve the Treaty under discussion
and which has been submitted for the consideration of the Legislative Branch in the
manner indicated in the report.
Senator Cuadra (J. D.) spoke at length of the reasons Colombia had for its pretensions
734
over Great Corn Island and Little Corn Island and also regarding the Treaty which is now
being dealt with by this Honorable Chamber.
Senator Paniagua Prado again took the floor to reinforce his arguments and he
tried to show the advisability and need to approve the Treaty which is being dealt with.
The discussion continued between Senator Paniagua Prado and Senator Cuadra
(J. D.) and Senator Ocón.
At the request of Senator Paniagua Prado, it was decided to invite the Minister of
Foreign Affairs to the session of tomorrow 5, at 10 a.m., for him to illustrate certain
points regarding the said initiative of the Treaty between Colombia and Nicaragua.
For this reason, the President, Senator Román, adjourned the discussion of this
Draft to be continued on the following day at the time when the Honorable Minister of
Foreign Relations was present.
8°--The same President, Senator Román, called upon the Senators to commence
the next session on the following day, Wednesday, fifth of this month at the regulatory
time. 9°--The session was adjourned.
Signature V. M. Román, President of the Senate, Vicente F. Altamirano, Secretary of the
Senate and J. Cajina Mora, Secretary of the Senate
735
Annex 199
RECORD OF THE XLIX OF THE CHAMBER OF THE SENATE OF THE
NICARAGUAN CONGRESS, 5 MARCH 1930
(La Gaceta, Diario Oficial N° 98, Managua, D.N., 7 May 1930, pp. 777-779)
CHAMBER OF THE SENATE
Session XLIX of the Chamber of the Senate in its ordinary session of the eighteenth constitutional
period, held at nine forty-eight in the morning on Wednesday, five March
nineteen thirty.
President: Senator Román.
Senators Present: Pereira, López Irías, Trejos, Collado, Krause, Castellón (Trinidad),
Velásquez, Hodgson, Arcia, Callejas, Genie, Víquez, Amador, Paniagua Prado, Pérez,
Cuadra (J. D.), Somarriba, Tapia Moncada, Ocón, Pastora, and Secretaries Altamirano
and Cajina Mora. Senator Mora was absent with permission.
[T.N. Pertinent Excerpt follows.]
3°--At ten in the morning and in response to the invitation of this High Body at
the request of Senator Paniagua Prado, the Honorable Minister of Foreign Affairs,
Doctor Manuel Cordero Reyes, was present.
The President of the Senate, Senator Román, immediately submitted again for
discussion, the regulatory report that comprises the initiative of the Executive Branch on
the Treaty between Colombia and Nicaragua, which had been suspended during the previous
session to await the presence of the Honorable Minister of Foreign Affairs, invited
to today’s session.
Under authorization by the President, Senator Román, Senator Paniagua Prado
addressing the Honorable Minister and the Honorable Chamber, stated in the following
terms:
That since the Honorable Senator Don Demetrio Cuadra had stated during yesterday’s
session his fears that the Colombian Government would not accept the amendment to the
Treaty with Nicaragua on the disputed [sic] over the islands of San Andrés and
Providencia, that the Study Commission proposed. Since he therefore considered that
addition or amendment to the Treaty not to be convenient, and His Excellency the
Minister of Colombia [in Managua], Mr. Esguerra having declared to me in my capaci-
736
ty as Senator of the Republic, that his Government was willing to accept the agreed
delimitation, he had asked for the Minister of [Foreign] Affairs to be called in order to
learn whether our Ministry of Foreign Affairs is officially aware of that decision of the
Colombian Government regarding the clarification or demarcation of the dividing line
of the waters in dispute; as he understands that such demarcation is indispensable for the
question to be at once terminated for ever.
The Minister replied: that he understood that he had been called to hear the opinion of
the Executive Branch regarding the matter of the Colombian question: that during an
interview at the Ministry of Foreign Affairs with the Honorable Senate Commission on
Foreign Affairs, it was agreed between the Commission and the advisors of the
Government to accept the 82º West Greenwich meridian and of the Hydrographic
Commission of the Ministry of the Navy of the United States of 1885, as the boundary
in this dispute with Colombia; that on that occasion, Senator Paniagua Prado stated his
fear that by making that amendment or clarification, it would be submitted for the
approval of the Colombian Congress and would act as a hindrance for its approval and,
therefore, for the termination of this troublesome matter, but that he had conversed with
the Honorable Minister of Colombia [in Managua] and he in turn with his Government,
who manifested that he begged not to alter the Treaty because it would have to be submitted
again to the Congress consideration; having insinuated to H. E., Minister
Esguerra, to discuss this issue again with his Government, and after obtaining a reply, he
had manifested to him that his government had authorized him to declare that such
Treaty would not be submitted for the approval of the Colombian Congress, by reason
of the clarification which marked the dividing line, that he could therefore, even though
there was nothing in writing, assure the Honorable Chamber, on behalf of the
Government, that the Treaty would be approved without the need for it to be submitted
again for the approval of the [Colombian] Congress.
The Minister added that the clarification did not revise the Treaty, as its only purpose
was to establish a boundary between the archipelagos which had been the reason
for the dispute and that the Colombian Government had already accepted that clarification
according to what was expressed by their Minister Plenipotentiary [who had] solely
manifested that this clarification [should] be made in the protocol of [exchange] of ratification
of the Treaty; that this clarification was a need for the future of both nations, as
it came to establish the geographical boundary between the archipelagos in dispute,
without which the question would not be completely defined; and that he therefore
requested the Honorable Chamber to approve the Treaty with the proposed clarification.
Senator Cuadra (Demetrio) then took the floor and stated: Honorable Minister,
all of us here agree to approve the Treaty with Colombia with all its terms, but some of
us, myself included, have differed over the approval of the explanation or addition establishing
boundaries to the Archipelago of San Andrés that the Study Commission proposes.
Without entering a discussion as to the advisability of that clarification, I consider it
to be a complete amendment of the Treaty and therefore should be returned for the consideration
of the Colombian Congress where everything is done with legal formality. It
737
is urgent for us to clarify our rights over the Mosquito territory and over the islands
granted by the Bryan-Chamorro Treaty as belonging to Nicaragua for the construction of
the Canal. That amendment, I repeat, will necessarily have to be returned for the consideration
of that Congress, which would delay that clarification [of our rights], now so
necessary because the question of the canal is on the international table.
Therefore, and for other reasons which I would mention if this discussion were
being held, as is the custom in these cases, in a secret session, I have believed and maintained
that the proposed amendment should not be approved by the commission, but the
Treaty should be approved in the form in which it was approved by the Colombian
Congress.
The President, Senator Román, with the consent of the Honorable Chamber,
directed the debate to be continued in a secret session, and ordered the High Official, Mr.
Lacayo S. to take precautions regarding the public for the said purpose.
Having ended the debate in a secret session, the report [of the Study
Commission] was declared to have been sufficiently discussed. Once voted, it was
approved in general and with no amendment whatsoever.
The treaty having also been voted upon in general, it was likewise approved and
thus the Project was approved in the first debate.
4°--In response to a motion of the Secretary, Senator Altamirano, the Honorable
Chamber agreed to hold a session at three in the afternoon of today.
5°--The session was adjourned.
Signature V. M. Román, President of the Senate, Vicente F. Altamirano, Secretary of the
Senate and J. Cajina Mora, Secretary of the Senate.

739
Annex 200
FULL POWERS GRANTED BY THE PRESIDENT OF NICARAGUA TO THE
NICARAGUAN FOREIGN MINISTER, 9 APRIL 1930
(C. Moyano, El Archipiélago de San Andrés y Providencia, Estudio Histórico -
Jurídico a la luz de derecho internacional, Bogotá, Ed. Temis Librería,
1983, p. 152.)
That having the greatest confidence in the zealousness, enlightenment and probity of Mr.
Julián Irías, Minister of Foreign Affairs of my Government, I have come to confer upon
him, as I indeed hereby confer, full powers to effect the Exchange of ratifications of the
treaty concluded between Colombia and Nicaragua, on 24 March 1928, to put an end to
the question pending between both Republics concerning the Archipelago of San Andrés
and Providencia and the Nicaraguan Mosquitia. In witness whereof [the President] issues
these, signed by his hand, stamped with the Great Seal of the Nation and corroborated
by the Minister of Development, entrusted with the Ministry of Foreign Affairs to this
effect, in the palace of the executive [branch], at Managua, on 9 April 1930.
The Minister of Development The President of the
momentarily in charge of the Republic,
Ministry of Foreign Affairs,
signed, A. Flores V. signed, J.M. Moncada

741
Annex 201
1930 REPORT TO CONGRESS BY THE NICARAGUAN FOREIGN
MINISTER, CONCERNING THE 1928/1930 TREATY
(Memoria presentada por el Secretario de Estado en el Despacho de Relaciones
Exteriores, Dr. Julián Irías al Congreso Nacional 1930, Managua, D.N., Imprenta
Nacional, 1931, p. 17)
TREATY OF LIMITS WITH COLOMBIA
On 5 May of the current year, His Excellency Mr. Manuel Esguerra, Envoy
Extraordinary and Minister Plenipotentiary of Colombia to Nicaragua, and the undersigned,
in my capacity as Minister of Foreign Affairs, proceeded to exchange the ratifications
of the Treaty of limits concluded with Colombia on 27 [sic] March 1928 in order
to put an end to the question pending between both republics concerning the Archipelago
of San Andrés and Providencia and the Nicaraguan Mosquitia, Treaty that was approved
by law of 5 April of the current year.
In the protocol of exchange, copy of which is enclosed, the declaration indicated in the
aforesaid law was made, to the effect that the Archipelago of San Andrés and
Providencia, mentioned in the first clause of the referred-to Treaty does not extend west
of the 82 Greenwich meridian.

743
Annex 202
NOTE FROM THE NATIONAL GEOGRAPHIC SOCIETY TO THE COLOMBIAN
LEGATION IN WASHINGTON, 11 JUNE 1935
(Archives of the Ministry of Foreign Affairs of Colombia)
Document on page to follow
744
745
Annex 203
DESPATCH N° 145 FROM THE UNITED STATES CONSUL IN KINGSTON
TO THE DEPARTMENT OF STATE, 11 SEPTEMBER 1935
(Department of State Archives, 811.0141 C19/114 H-TH. At the National Archives,
College Park, MD)
Documents on pages to follow
746
747

749
Annex 204
NOTE FROM THE DEPARTMENT OF STATE TO THE AMERICAN GEOGRAPHICAL
SOCIETY, 16 JUNE 1941
(Department of State Archives, 810.014/111. At the National Archives,
College Park, MD)
Documents on pages to follow
750
751

753
Annex 205
NOTE FROM MR. ENRIQUE ANCÍZAR, LEGAL REPRESENTATIVE OF
THE AMERICAN GAS ACCUMULATOR COMPANY, TO THE NAVY
GENERAL DIVISION OF THE COLOMBIAN MINISTRY OFWAR,
15 OCTOBER 1944
(Archives of the Colombian Navy)
ENRIQUE ANCIZAR
CARRERA 6a. No. 12-15
BOGOTA - COLOMBIA, S.A.
15 October 1944
Lieutenant
BELARMINO VARGAS MARIÑO
Navy General Division
Ministry of War
The City
Distinguished Lieutenant,
Following up on our meeting of yesterday, where the most pressing needs that the
Service of Lighthouses and Buoys of Colombia face today were discussed, as well as the
future needs concerning an enlargement of that service, I am pleased to enclose herewith
the following folders -to be returned- which you have offered to study on the ground,
during your next trip along the coasts of the nation:
FOLDER No. 1
Containing studies on: PACIFIC COAST
(…)
754
FOLDER No. 2
Containing studies on: ATLANTIC COAST AND ARCHIPELAGO
1 Lighthouse for ISLA CATALINA in Providencia
1 Lighthouse for JOHONY (SIC) CAY in San Andrés.
1 Lighthouse for the SHOALS OF ALBUQUERQUE
1 Lighthouse for QUITA SUEÑO BANK
1 Lighthouse for SERRANA BANK
(…)
FOLDER No. 3
Containing studies on Cartagena and its approaches
(…)
FOLDER No. 4
Containing specific details of RADIO LIGHTHOUSE for:
BOCACHICA
PUNTA GALLINAS
BUENAVENTURA
(…)
I want to express to you that once the world situation goes back to normal, the company
that I represent, Messrs. AMERICAN GAS ACCUMULATOR COMPANY, will be willing
to finance the execution of any work in their field, to be reimbursed later on under
very convenient conditions for the Government, just as we have done it in previous occasions
in Cuba, Costa Rica and other countries.
I remain, truly yours,
(signed)
ENRIQUE ANCIZAR
755
Annex 206
OFFICE MEMORANDUM OF THE DEPARTMENT OF STATE FROM MR.
HUSSEY - DRA (DIVISION OF AMERICAN REPUBLICS) TO MR. WRIGHT -
ARA (AMERICAN REPUBLIC AFFAIRS),
9 SEPTEMBER 1947
(Department of State Archives, 810.014 C19/9-947. At the National Archives,
College Park, MD)
Documents on pages to follow
756
757

759
Annex 207
OFFICE MEMORANDUM OF THE DEPARTMENT OF STATE FROM MR.
WOODWARD, DEPUTY DIRECTOR OF ARA (AMERICAN REPUBLIC
AFFAIRS) TO THE FILES, 1 DECEMBER 1947
(Department of State Archives, 810.014. At the National Archives,
College Park, MD)
Document on page to follow
760
761
Annex 208
NOTE DIR.GE/LG FROM THE SWEDISH COMPANYAGA TO THE
GENERAL COMMAND OF THE COLOMBIAN NAVY, 4 DECEMBER 1954
(Archives of the Colombian Navy)
AGA SVENSKAAB GASACCUMULATOR
DIR.GE/Lg Dec. 4, 1954
Command of the National Navy
Bogota
Colombia
Dear sirs,
We are pleased to offer you hereby the following materials:
1. For the lighthouse Quita Sueño Bank
[A detailed list of items follows, totaling $ 28.774.30]
Technical data
Operational autonomy: 4 sets 6 months
20 accumulators 12 months
Intensity of the white light: 13.440 cd with Dalen burner of 15 1/h
Optical scope with T = 0.88: 26,3 naut. miles
Luminous features: 0.43 + 9.57 = 10 sec.
2. For the lighthouse Serrana Bank
[A detailed list of items follows, totaling $ 22.333.40]
Technical data
Operational autonomy: 4 sets 6 months
20 accumulators 12 months
Intensity of the white light: 8.600 cd with Dalen burner of 15 1/h
Optical scope with T = 0.88: 24,2 naut. miles
Luminous features: 0.29 + 2.21 + 0.29 + 7.21 = 10 sec.
762
3. For the lighthouse Roncador Cay
[A detailed list of items follows, totaling $ 11.178.65]
Technical data
Operational autonomy: 17 accumulators 12 months
Intensity of the white light: 1250 cd with Dalen burner of 120 1/h
Optical scope with T = 0.88: 16 naut. miles
Luminous features: 0.5 + 4.5 = 5 sec.
(…)
All the prices are in U.S. Dollars CIF port in Colombia, with the exception of the buoys,
whose price are CIF Cartagena.
(…)
We hope to hear from you in the near future and remain, truly yours,
(signed)
SVENSKAAKTIEBOLAGET GASACCUMULATOR
Dep.3
763
Annex 209
NOTE FROM THE ASSISTANT LEGALADVISER OF THE DEPARTMENT
OF STATE TO MR. W.R. CRIPPEN, JR., 2 MARCH 1965
(Department of State Archives, POL 32-1 COL-US. At the National Archives,
College Park, MD)
Document on page to follow
764
765
Annex 210
NOTE FROM THE ASSISTANT LEGALADVISER OF THE DEPARTMENT
OF STATE TO MR. W.R. CRIPPEN, JR., 13 APRIL 1965
(Department of State Archives, POL 32-1 COL-US. At the National Archives,
College Park, MD)
Document on page to follow
766
767
Annex 211
NOTE FROM THE ASSISTANT LEGALADVISER OF THE DEPARTMENT
OF STATE TO MR. W.R. CRIPPEN, JR., 12 OCTOBER 1965
(Department of State Archives, POL 32-1 COL-US. At the National Archives,
College Park, MD)
Document on page to follow
768
769
Annex 212
CABLE FROM THE UNITED STATES EMBASSY IN BOGOTÁ TO THE
DEPARTMENT OF STATE, 10 MAY 1967
(Department of State Archives, POL 33-1 COL-US. At the National Archives,
College Park, MD)
Document on page to follow
770
771
Annex 213
CABLE FROM THE DEPARTMENT OF STATE TO THE
UNITED STATES EMBASSY IN BOGOTÁ, 16 MAY 1967
(Department of State Archives, POL 33-1 COL-US. At the National Archives,
College Park, MD)
Documents on pages to follow
772
773

775
Annex 214
NOTE E.O. 11652N/A, FROM THE UNITED STATES EMBASSY IN BOGOTÁ
TO THE DEPARTMENT OF STATE, 25 MAY 1973
(Department of State Archives, POL 33-4 COL-US. At the National Archives,
College Park, MD)
Documents on pages to follow
776
777

779
Annex 215
BACKGROUND OF THE DECLARATION OF NULLITY AND INVALIDITY
OF THE BÁRCENAS MENESES-ESGUERRA TREATY, 4 FEBRUARY 1980
(Nicaraguan Foreign Ministry, 1980)
Foreign Ministry
White Paper
On the Case of San Andrés and Providencia
Managua, 4th February 1980
INTRODUCTION
THE “NICARAGUAN ELEVATION” OR “NICARAGUAN RISE”
In the maps of the “National Geographic Institute”, as well as in the “Tectonic Map of
the United States Geodesic Service”, and in the same way it is shown in other maps, or
as authors Avdeev and Belouseev put it, referring to the geomorphological structure of
the Caribbean Sea, with the name of “NICARAGUAN ELEVATION” or
“NICARAGUAN RISE” is identified the system of submarine crests which shape the
bottoms of the Caribbean Sea.
This “NICARAGUAN ELEVATION” is located between two deep basins, Yucatan’s to
the North, and the Colombian basin to the South. The latter basin, with a breadth of hundreds
of nautical miles, has a clearly defined abyssal bottom, forming an enormous abyss
that separates the submarine territories of Nicaragua and Colombia. Observing the map
with the sea bottoms of the Caribbean Sea, we can ascertain at first glance that
Colombia’s statement that it shares with Nicaragua a “COMMON CONTINENTAL
PLATFORM” is an obvious distortion of the geomorphological reality of the marine bottoms
in the Caribbean Sea. It is easy to verify that, in the same way that between
Colombia and Nicaragua are inserted the Republics of Panama and Costa Rica, between
both nations exist an enormous marine trough that separates the submerged territories of
Nicaragua and Colombia, as if they were two separate and different Continents.
From within this ‘NICARAGUAN RISE’ emerge a series of islands, islets, cays and
banks, the same way mountains, peaks, mountain ranges and volcanoes rise from the
continental mass of a State. Elevations or geographical features of the ‘Nicaraguan Rise’
are the island of San Andrés, located only one hundred and five nautical miles off the
Atlantic Coast of Nicaragua and three hundred and fifty-six nautical miles off Colombia;
780
the island of Providencia, one hundred and twenty-three and three hundred and eighty
miles off, respectively, not to mention the cays of Roncador, Quitasueño and Serrana,
which are located one hundred and forty and two hundred and ten miles off Nicaragua,
and around five hundred miles off the Colombian coasts.
Hence, in geographical terms, there is no doubt that all those territories are an integral
part of Nicaragua’s Continental Shelf, which is the submarine extension of its main or
continental territory, or as it has been already defined, the formations we refer to ‘are one
with the Central American continental mass, undoubtedly attached -geographically and
geomorphologically- to Nicaragua’s Atlantic or Caribbean Coast.
781
Annex 216
LETTER FROM THE FISHING COMPANY
EMPACADORA DE CASTILLA S.A. DE C.V.
TO THE COLOMBIAN FOREIGN MINISTRY, 22 SEPTEMBER 1980
(Archives of the Ministry of Foreign Affairs of Colombia)
EMPACADORA DE CASTILLA S.A. DE C.V.
APARTADO 938
TEGUCIGALPA - HONDURAS
Bogotá, D.E., 22 September 1980
Mr.
JULIO LONDOÑO PAREDES
Secretary-General
MINISTRY OF FOREIGN AFFAIRS
Bogotá, D.E.
Mr. Secretary-General:
Following the advice of doctor José Joaquín Caicedo Perdomo I kindly allow myself to
express to you that I have the intention of creating in Colombia a Partnership of
Colombian Nationality with the aim of fishing in the Maritime Zones appertaining to the
Colombian Archipelago of San Andrés and Providencia, particularly in the Zone of the
Cays of Roncador, Quitasueño, Serrana and Serranilla.
This company would be established in the following days in conformity with the respective
current laws, as well as the provisions of the Decisions of the Cartagena Agreement
Commission incorporated to the Colombian Internal Law, by means of Decree number
170 of 1977. Since the capital given by the Honduran Partnership would not be higher
than twenty per cent of this Company’s Share Capital and the eighty per cent would be
provided by National Investors, this new Partnership would have Colombian Nationality
in all legal aspects.
Furthermore I allow myself to inform that I would be willing to nationalize four fishing
vessels and place them under Colombian flag. Eight vessels would continue to fish under
an affiliation contract with this new Partnership and their nationalization would be made
782
on a step by step basis within the period of five years indicated by Decree number 1681
of 1978.
These vessels would be assigned to lobster fishing, white and conch fishing outside the
Areas designated by the National Government for Traditional Fishing, reason why the
establishment of this Partnership would benefit the Republic of Colombia and more
specifically the Islands of San Andrés and Providencia, where we would have our
Headquarters.
I thank you in advance for the attention that you may give to the establishment of this
new Entity, and I avail myself of the opportunity to express to you my respectful regards.
EMPACADORA DE CASTILLA S.A. DE C.V.
T. RAMIREZ DE ARELLANO
783
Annex 217
STATEMENT GIVEN BY MR. GONZALO J. FACIO, COSTA RICAN SIGNATORY
OF THE 1977 TREATY WITH COLOMBIAAND FORMER FOREIGN
MINISTER, AT THE COSTA RICAN FOREIGN MINISTRY, 27 AUGUST 1998
(Archives of the Colombian Embassy in San José, Costa Rica)
Conference of Ambassador Gonzalo J. Facio (former Foreign Minister), addressed to
the Diplomatic Corps in Costa Rica.
Casa Amarilla, seat of the Costa Rican Foreign Ministry, at 09:00 hrs., on 27 August
1998.
“The ‘Fernández-Facio’ Treaty of 1977 on Delimitation of Maritime Areas between
Colombia and Costa Rica in the Atlantic Ocean, and Nicaragua’s purported sovereignty
over the Archipelago of San Andrés and Providencia”
Mr. Foreign Minister
(…)
I do not believe that the Government of President Aleman will dare to repeat now the
main argument that the Sandinistas used to declare, unilaterally, the nullity of a duly concluded
bilateral treaty, such as the Bárcenas-Esguerra Treaty, on the basis that the United
States forced “the puppet government at the time” to cede to Colombia the purported
rights of sovereignty over the Archipelago of San Andrés that Nicaragua has never had.
In any case, the nullity of a treaty cannot be declared unilaterally, just as there is no way
to unilaterally annul any kind of contract, public or private, duly concluded by the parties.
To achieve the nullification of the Bárcenas-Esguerra Nicaragua would have to
resort to the International Court of Justice, or to an arbitral or world tribunal to request
it to declare that nullity provided of course, that the Colombian counterpart is heard.
Due to the reasons I have explained, I do not believe that Nicaragua would have had or
has the slightest possibility of succeeding in its attempt to properly nullify the Bárcenas-
Esguerra Treaty.
In view of the above, there is no reason whatsoever why the Legislative Assembly
should not approve the ‘Fernández-Facio’ Treaty that duly delimited the maritime
784
boundaries in the Atlantic Ocean between the Republics of Colombia and Costa Rica, on
the premise that the San Andrés Archipelago belonged to Colombia.
Nor should our Legislative Assembly refrain from granting its approval of the
“Fernández-Facio” Treaty of 1977, because the Government of Nicaragua, that violates
our rights to free navigation on the San Juan River, holds that such an approval would
constitute a violation of its invented and non-existent sovereignty over the Archipelago
of San Andrés.
On the other hand, to declare, unilaterally, the nullity of a Treaty, arguing that it is the
result of the United State’s imposition (that was and is a third party with respect to that
Treaty), or else, to argue that such a Treaty is contrary to the Nicaraguan Constitution in
force at the time of its signature and ratification, has no effect whatsoever, either for the
international community or -much less- for Colombia.
That republic has no reason to abide by the statement of the Nicaraguan Government,
declaring the nullity of a valid treaty and, with or without it, Colombia will continue to
exercise the sovereignty it has always exercised over the San Andrés Archipelago, for
over a century prior to the recognition of that legal fact by the Government of Nicaragua
by the “Bárcenas-Esguerra” Treaty.
Consequently, the Government of Nicaragua cannot reproach us with anything since, on
signing the Fernández-Facio Treaty of 1977, we acted in accordance with the existing
legal situation that has the San Andrés Archipelago as an integral part of the Colombian
territory.
785
Annex 218
CERTIFICATION N° SGN/031075 ISSUED BY THE SERVICE DE GÉODÉSIE
ET DE NIVELLEMENT OF THE INSTITUT GÉOGRAPHIQUE NATIONAL
OF FRANCE, 12 NOVEMBER 2003
(Archives of the Ministry of Foreign Affairs of Colombia)
National Geographic Institute
Saint-Mandé, 12/11/03
SGN/031075
GC/gc
Issue followed by G. CANAUD
Tel: 01 43 98 83 17
Fax: 01 43 98 84 50
e-mail: [email protected]
The S.G.N.
To
Colombian Embassy
Mr. Ambassador Miguel Gomez Martinez
22, rue de l’Elysée
75008 - Paris
Subject: Position of the Paris meridian
Ref: Your letter No. MGM/PL/2154 of 23/10/03
Following our last week’s interview, I have the honor to transmit to you the official
response of the Geodesic and Leveling Service of the IGN, regarding the problem posed
by the longitudes measured in reference to the Paris meridian.
Without any other indication, meridian 84º30'W is generally the meridian that presents a
difference of longitude of 84º30'W with Greenwich. It passes much further to the West
than Colombia’s land territory. If your meridian refers to the Paris meridian, you should
retreat 2º20'14'', 025 (to the East), and the place passes now at 82º09'45", 975 W of
Greenwich. It is situated in the Caribbean Sea, between the Nicaraguan coast (approximately
83ºW) and the Colombian islands of San Andres (approximately 81º42'W) and
786
Providencia. This corresponds to respective distances of 50 Km approximately to the
West of San Andrés and 75 Km approximately to the East of the Nicaraguan islands.
On the other hand, the coordinates, no matter which, coming from works of the beginning
of the XX century may have changed by a few meters or decameters for several reasons,
and by decreasing order of priority:
● Change of ‘datum’ or geodesic reference system.
● Modes of acquisition and tools for much more precise current calculations.
● Movements of the Earth’s crust.
I am at your disposal for any additional information and renew to you, Mr. Ambassador,
the assurances of my distinguished esteem.
The Chief of the Geodesic and Leveling Service
F. DUQUENNE
Copies:
PMA
PMC
Souche