1973_Exchange_of_Notes_for_US_Defense_Activities_Not_Connected_with_AFET....pdf

No. 12703

UNITED KINGDOM OF GREAT BRITAIN

AND NORTHERN IRELAND

and

UNITED STATES OF AMERICA

Exchange of notes constituting an agreement concerning facilities for United States Forces on Ascension Island. London, 30 March 1973

Authentic text: English.

Registered by the United Kingdom of Great Britain and Northern

Ireland on 28 August 1973.

ROYAUME-UNI DE GRANDE-BRETAGNE

ET D'IRLANDE DU NORD

et

ÉTATS-UNIS D'AMÉRIQUE

Échange de notes constituant un accord relatif x aux installations destinées aux forces armées des États- Unis dans l'île de l'Ascension. Londres, 30 mars 1973

Texte authentique: anglais.

Enregistré par le Royaume-Uni de Grande-Bretagne et d'Irlande du Nord le 28 août 1973.

188 United Nations — Treaty Series • Nations Unies—Recueil des Traités 1973

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT 1

BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM

OF GREAT BRITAIN AND NORTHERN IRELAND AND THE

GOVERNMENT OF THE UNITED STATES OF AMERICA

CONCERNING FACILITIES FOR UNITED STATES FORCES

ON ASCENSION ISLAND

I The Ambassador of the United States of America to the Secretary of State for Foreign and Commonwealth Affairs

EMBASSY OF THE UNITED STATES OF AMERICA

LONDON

No. 9 March 30, 1973

Sir, I have the honor to refer to the Agreement signed at Washington on June

25, 1956 2 between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the Extension of the Bahamas Long Range Proving Ground by the Establishment of Additional Sites in Ascension Island, as supplemented and amended by the Agreement ejected by an exchange of notes dated August 24, 1959, and August 25, 1959, 3 regarding administrative arrangements, which take into account the limited resources and the geographical position of Ascension Island, and the Agreement effected by an exchange of notes on August 29, 1962,4 regarding the use of Wideawake Airfield by United Kingdom military aircraft. I have the further honor to refer to recent discussions between the representatives of our two Governments pertaining to the advisability of enlarging the scope of the Agreement of June 25, 1956, as amended and supplemented, to permit the United States Government to conduct U.S.

defense activities not connected with Air Force Eastern Test Range (AFETR) programs on Ascension Island. Based on the agreement in principle reached in those discussions, I have the honor to propose the following:

1. Provided that the Government of the United Kingdom, after consultation with the Government of St. Helena, agrees, the Government of the United States shall have the right to construct, operate and maintain facilities for non-AFETR activities of United States Forces and to conduct such activities on Ascension Island under the terms and conditions set forth in the aforesaid Agreement of June 25, 1956, as supplemented and amended. Non-AFETR activities may be conducted by U.S. Forces pursuant to this paragraph both within sites which have already been provided to the Government of the United States and within other areas made available by the Government of the United Kingdom, after consultation with the Government of St.

Helena.

2. A. Under paragraph 1 above, the agreement of Her Majesty's Government shall be deemed to exist for flight operations conducted by or on behalf of United

1 Came into force on 30 March 1973, the date of the note in reply, in accordance with the provisions of the said notes.

2 United Nations, Treaty Series, vol. 249, p. 91.

> Ibid., vol. 351, p. 438.

Ibid., vol. 449, p. 177.

12703

1973 United Nations—Treaty Series • Nations Unies—Recueil des Traités 189

States Forces for non-AFETR purposes, unless within 72 hours following submission by the United States station commander on Ascension to the Administrator of Her Majesty's Government there of a clearance request, the former is notified by the latter of any objections to the proposed flights.

B. Similarly, with respect to other non-AFETR activities or use by United States Forces of areas not presently available to the Government of the United States, the agreement of Her Majesty's Government shall be deemed to exist unless within 30 days from the date the United States station commander requests permission from the Administrator of Her Majesty's Government, the latter notifies the former of any objection to the proposed activity or use.

3. In the event that the Administrator raises objections pursuant to paragraph 2 above, the matter will be taken up by the United States Government with Her Majesty's Government through diplomatic channels with a view toward reviewing the United States request promptly.

4. The validity of the Agreements referred to in the opening paragraph of this note remains unaffected by this Agreement.

If the foregoing proposal is acceptable to the Government of the United Kingdom of Great Britain and Northern Ireland, I have the honor to suggest that the present note, together with your reply, should be regarded as constituting an agreement between the two Governments in this matter, which shall enter into force on the date of your reply.

Accept, Sir, the renewed assurances of my highest consideration.

W. H. ANNENBERG

II

The Secretary of State for Foreign and Commonwealth Affairs to the Ambassador of the United States of America

FOREIGN AND COMMONWEALTH OFFICE

LONDON, S.W.I

30 March, 1973 Your Excellency, I have the honour to acknowledge receipt of your note No. 9 of 30 March 1973, which reads as follows:

[See note I] In reply, I have the honour to inform Your Excellency that the foregoing proposal is acceptable to the Government of the United Kingdom of Great Britain and Northern Ireland, who therefore agree that your note, together with this reply, shall constitute an agreement between the two Governments in this matter which shall enter into force on this day's date.

I have the honour to be, with the highest consideration, Your Excellency's obedient Servant

(for the Secretary of State)

N. B. J. HUUSMAN

12703