January 06, 1971

EXCHANGE OF NOTES BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE UNITED STATES OF AMERICA CONCERNING THE INSTALLATION OF SUBMARINE CABLE FROM TAIWAN TO SAN MIGUEL, ZAMBALES

Note: The Agreement entered into force, January 6, 1971.

Reference: This Agreement is also published in 22 UST 363.

No. 798

The Embassy of the United States of America presents its compliments to the Department of Foreign Affairs of the Republic of the Philippines and has the honor to refer to Article III, sub-paragraphs 2 (d) and 2 (e) of the Philippines-United States Military Bases Agreement setting forth the right of the United States to acquire rights of way for, and to construct, communications facilities including submarine and subterranean cables at United States bases, and to discussions which have taken place between representatives of our two Governments regarding the installation of a submarine cable from Southern Taiwan, Republic of China, with a terminal facility at the United States Navy Communications Station, San Miguel, Zambales, and to confirm the understandings reached as a result of these discussions as follows:

1. In its approach to the shore at San Miguel Communications Station, the cable will remain on or under the floor of the sea and will not interfere with fishing, navigation, or public access to the beach;

2. The cable communications system shall not be utilized for any private or commercial purpose, or for any purpose other than defense communications, without the prior approval of the Philippine Government;

3. In accordance with the spirit of Article XXV of the Philippine-United States Military Bases Agreement, the United States shall not transfer its rights and interests in the cable communications system to any third power or to any private person, entity or commercial concern without the prior consent of the Philippine Government;

4. The right of the United States to use the cable communications system shall be co-terminus with the Philippine-United States Military Bases Agreement, or any revision or replacement thereof, unless sooner terminated or extended by mutual agreement;

5. Upon termination of the United States' rights to use the cable communications system, all rights and interests of the United States in the system shall, to the extent not covered in Article XVII of the Philippine-United States Military Bases Agreement, be the subject of talks between the two Governments.

If the foregoing is acceptable to the Government of the Republic of the Philippines, the Embassy proposes that this note and the Department's reply indicating concurrence shall constitute an agreement between the two Governments.

The Embassy avails itself of this opportunity to renew to the Department the assurances of its highest consideration.

EMBASSY OF THE UNITED STATES OF AMERICA
Manila, December 21,1970.

The Philippine Department of Foreign Affairs to the
American Embassy

REPUBLIKA NG PILIPINAS
KAGAWARAN NG SULIRANING PANLABAS
MAYNILA

No. 71-61 The Department of Foreign Affairs presents its compliments to the Embassy of the United States of America and has the honor to refer to the Embassy's note No. 798 dated 21 December 1970 which reads as follows:

"The Embassy of the United States of America presents its compli-ments to the Department of Foreign Affairs of the Republic of the Philippines and has the honor to refer to Article III, subparagraphs 2 (d) and 2(e) of the Philippine-United States Military Bases Agreement setting forth the right of the United States to acquire rights of way for, and to construct, communications facilities including submarine and subterranean cables at United States bases, and to discussions which have taken place between representatives of our two Governments regarding the installation of a submarine cable from Southern Taiwan, Republic of China, with a terminal facility at the United States Navy Communications Station, San Miguel, Zambales, and to confirm the understandings reached as a result of these discussions as follows:

"1. In its approach to the shore at San Miguel Communications Station, the cable will remain on or under the floor of the sea and will not interfere with fishing, navigation, or public access to the beach;

"2. The cable communications system shall not be utilized for any private or commercial purpose, or for any purpose other than defense communications, without the prior, approval of the Philippine Government;

"3. In accordance with the spirit of Article XXV of the Philippine-United States Military Bases Agreement, the United States shall not transfer its rights and interests in the cable communications system to any third power or to any private person, entity or commercial concern without the prior consent of the Philippine Government;

"4. The right of the United States to use the cable communications system shall be co-terminus with the Philippine-United States Military Bases Agreement, or any revision or replacement thereof, unless sooner terminated or extended by mutual agreement;

"5. Upon termination of the United States' right to use the cable communications system, all rights and interests of the United States in the system shall, to the extent not covered in Article XVII of the Philippine-United States Military Bases Agreement, be the subject of talks between the two Governments.

"If the foregoing is acceptable to the Government of the Republic of the Philippines, the Embassy proposes that this note and the Department's reply indicating concurrence shall constitute an agreement between the two Governments.

"The Embassy avails itself of this opportunity to renew to the Department the assurances of its highest consideration."

The Department wishes to inform the Embassy that the United States proposal is acceptable to the Philippine Government and that the Embassy's note and this reply shall constitute an agreement on the matter.

The Department avails itself of this opportunity to renew to the Embassy the assurances of its highest consideration.

Manila, 6 January 1971

Source: Supreme Court e-Library