127 United States Department of State to Legation in Washington

Memorandum WASHINGTON, 14 March 1946

SECRET

The Department of State would be happy to enter into informal conversations with representatives of the Australian Government at an early convenient opportunity with respect to the desire of the United States to obtain in the Admiralty Islands long-term base rights to be shared jointly with Australia.

The United States has taken note of Australia's expressed intention of placing the mandated territory of New Guinea within the Trusteeship System of the United Nations. The United States assumes that it is the intention of the Australian Government that Australia shall be designated the administering authority over the whole mandated territory of New Guinea in any trusteeship arrangements worked out in accordance with the United Nations Charter. The United States regards itself as a state directly concerned in the negotiation of any trusteeship agreement or agreements covering the mandated territory of New Guinea.

In line with the foregoing, there are attached two documents which express certain views with reference to long-term base rights in the Admiralty Islands, both of which documents are informal working papers and are not to be considered as expressing at this time the final views of the United States Government.

The first such document is a preliminary draft of a proposed base agreement between Australia and the United States relative to base rights in the Admiralty Islands.

The second document is a draft of certain clauses which the United States feels should be included in any trusteeship agreement covering the Admiralty Islands. These clauses, it will be noted, relate primarily to security matters. The United States, of course, reserves the right to express its views with reference to any aspects of any proposed trusteeship agreement or agreements for the mandated territory of New Guinea.

The Department of State will welcome an early expression of the views of the Australian Government concerning the foregoing questions. It will be glad to discuss these matters informally with representatives of Australia whenever convenient.

Attachment I The Governments of the United States and the Commonwealth of Australia, taking note of the expressed intention of the Government of Australia to take appropriate steps for placing the mandated territory of New Guinea within the trusteeship system in accordance with Article 77 of the United Nations Charter, and deeming it desirable in the interests of international peace and security that the Government of the United States should share jointly with Australia the rights and obligations specified in Annex A of this agreement with respect to military bases and facilities in the Admiralty Islands agree:

1. That under the terms of the Trusteeship agreement to be negotiated by the states directly concerned in accordance with Articles 79 and 81 of the Charter, Australia shall be designated as administering authority of the trust territory and that Australia shall have authority to establish and erect such military installations in the Admiralty Islands as may be agreed upon by the Governments of Australia and the United States, to make provision for the security of such installations, and to conclude such agreements with the United States as may be necessary for the exercise by the United States of the rights and obligations specified in Annex A of this agreement.

2. That under the terms of such Trusteeship agreement the areas containing these bases and facilities shall be declared a strategic area; the bases and facilities therein may be made available to the Security Council by Australia as administering authority, with the approval of the United States in each instance, in accordance with any agreement or agreements Australia may make under Article 43 of the United Nations Charter.

3. That the Australian Government will expedite the negotiation of such Trusteeship agreement.

4. That the Government of the United States, in view of its direct concern, will take such steps as may be appropriate to further the prompt conclusion of such Trusteeship agreement.

5. That the two Governments will reach agreement on the terms of such Trusteeship agreement, and, having done so, will agree not to consent to the termination, alteration, or amendment of such Trusteeship agreement without prior agreement between themselves.

6. That the present agreement shall enter into force upon ratification by the United States and the Commonwealth of Australia, in accordance with their respective constitutional processes, and shall continue in force for 99 years and for such further time as may be mutually agreed upon, unless previously altered, amended, or terminated by mutual consent.

Annex A:

In order that the United States and Australia may share responsibility for the defense of the Admiralty Islands and for the establishment, utilization and maintenance of military bases thereon, it is mutually agreed between the two Governments that:

1. The Admiralty Islands are to be declared a strategic area; the geographic limits of such area are: latitude 1( 30' South and 3( 10' South and longitude 145( 50' East and 148( 10' East.

2. Except as provided in paragraph 2 of this agreement, the area defined in paragraph 1 of Annex A and the facilities thereon shall not be made available to the armed forces of another government without the consent of Australia and the United States.

3. The United States, jointly with Australia, possesses rights (a) to occupy, maintain, improve, operate and control the naval base presently established on Manus, a military air base (Momote) on Los Negros, military air facilities at Pitylui, Ponani, and Lombrun, and military bases at such other sites on Manus Island, Seeadler Harbor, and the adjacent land areas as may from time to time be mutually agreed upon;

(b) to install, maintain, operate and control at locations within the Admiralty Islands to be mutually agreed upon, facilities for defense, including warning systems, weather reporting, communication and aids to navigation;

(c) to operate military craft, including aircraft, vessels, and vehicles into, through, over, and away from the Admiralty Islands without restriction except as mutually agreed upon; and (d) to utilize the port, transportation and communication facilities in the Admiralty Islands required in the exercise of the rights accorded, and to install and improve such as may be mutually agreed upon.

4. The United States possesses rights (a) to import, station, store in or remove from the Admiralty Islands, personnel, material and supplies required in the exercise of the rights accorded, free of customs, duties and taxes, and imposts of any kind (b) to have exclusive jurisdiction over United States military personnel present in the Admiralty Islands in the exercise of the rights accorded. (In the United States view, this point would be covered by United States rights under international law, but the inclusion of this specific provision might be desirable.) 5. With respect to the already existing military installations in the Admiralty Islands, all of which have been built by the United States with the approval of the Australian Government at the expense of the United States, the Australian Government undertakes to maintain at its own expense such of these existing military installations as are necessary in the opinion of the appropriate military authorities of the two countries; with respect to any additional military installations and facilities in the Admiralty islands, the two Governments undertake to establish and maintain any such installations and facilities in accordance with plans mutually agreed upon, the costs of establishment and maintenance to be borne by the Government proposing the construction of the installation or facility concerned, except as otherwise agreed upon.

6. The Government of the United States shall have the right, if in its judgment conditions at the time make such action necessary, to assume control upon due notification to the Australian authorities, of any or all of the military installations and facilities in the Admiralty Islands, such control to continue for such time as the United States considers necessary; the United States undertakes to pay the expense of the maintenance of such installations and facilities during such periods of temporary control by the United States.

7. The United States is not hereby committed to maintain military forces or facilities in the Admiralty Islands when in its judgment such military forces or facilities are not necessary.

Attachment II 1. Definition of Admiralty Islands as a strategic area with boundaries:

1( 30' and 3( 10' south latitude, 145( 50' and 148( 10' east longitude.

2. Designation of Australia as administering authority of the trust territory.

3. A clause or clauses giving Australia full legislative and administrative control in the trust territory subject only to the provisions of the Charter of the United Nations and the terms of the Trusteeship agreement. The clause or clauses should be so drawn as to make it clear that the United States possesses no responsibilities, rights, or powers with respect to the administration of the territory and its inhabitants.

4. The administering authority may establish, maintain, and control such bases, facilities, and forces, and take such measures for their security, as it may deem necessary or desirable in the trust territory.

5. Nothing in this Trusteeship agreement shall preclude the administering authority from maintaining existing agreements and entering into such additional agreements as it may deem necessary or desirable with another member of the United Nations with respect to sharing rights of occupation and operation, and responsibility for the establishment, maintenance and control of existing or additional military bases and facilities in the trust territory (i.e. the Admiralty Islands strategic area), provided, however, that no such agreements shall preclude the offer of such bases and facilities to the Security Council of the United Nations on its call.

6. The amendment, alteration, or termination of this Trusteeship agreement shall be only by unanimous agreement of the signatories (i.e. the states directly concerned), subject to the approval of the Security Council.

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