United States Bases Agreement

UNITED STATES BASES AGREEMENT

TEXT OF AGREEMENT OF THE 27TH MARCH, 1941,
BE TWEEN THE GOVERNMENTS OF THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA RELATING TO THE BASES LEASED TO THE UNITED STATES OF AMERICA TO GETHER WITH ANNEXES AND EXCHANGES OF NOTES,
TO THE EXTENT OF THEIR APPLICATION TO BERMUDA.

WHEREAS the Government of the United Kingdom of Great Britain and Northern Ireland, in consultation with the Government of Newfoundland, are desirous at this time of further effectuating the declarations made on their behalf by his Excellency the Most Honourable the Marquess of Lothian, C.H., His Majesty's Ambassador Extraordinary and Plenipoten tiary, in his communication of the 2nd September, 1940, to the Secretary of State of the United States of America, a copy of which is set out in An nex l hereto and made a part hereof;

AND WHEREAS it is agreed that leases in respect of the naval and air bases to be leased to the United States of America in Newfoundland, Bermuda, Jamaica, St. Lucia, Antigua, Trinidad and British Guiana, re spectively, shall forthwith be executed substantially in the forms of the leases set out in Annex II hereto, which are hereby approved, and that a similar lease in respect of a base in the Bahamas shall be executed as soon as possible;

AND WHEREAS it is desired to determine by common agreement certain matters relating to the lease of the said bases, as provided in the com munication of the 2nd September, 1940, and the reply thereto of the same date from the Honourable Cordell Hull, Secretary of State of the United States, set out in Annex I and made a part thereof;

AND WHEREAS it is desired that this Agreement shall be fulfilled in a spirit of good neighbourliness between the Government of the United Kingdom and the Government of the United States of America, and that details of its practical application shall be arranged by friendly co-opera tion;

The Undersigned, duly authorised to that effect, have agreed as fol lows:

ARTICLE I

General Description of Rights

(1) The United States shall have all the rights, power and au thority within the Leased Areas which are necessary for the establish ment, use, operation and defence thereof, or appropriate for their con trol, and all the rights, power and authority within the limits of territorial waters and air spaces adjacent to, or in the vicinity of, the Leased Areas, which arc necessary to provide access to and defence of the Leased Ar eas, or appropriate for control thereof

(2) The said rights, power and authority shall include, inter alia, the right, power and authority—

(a) to construct (including dredging and filling), maintain, operate, use, occupy and control the said Bases;

(b) to improve and deepen the harbours, channels, en trances and anchorages, and generally to fit the premises for use as naval and air bases;

(c) to control, so far as may be required for the efficient op eration of the Bases, and within the limits of military ne cessity, anchorages, moorings and movements of ships and water-borne craft and the anchorages, moorings, landings, take-offs, movements and operations of air craft;

(d) to regulate and control within the Leased Areas all com munications within, to and from the areas leased;

(e) to install, maintain, use and operate under-sea and other defences, defence devices and controls, including detecting and other similar facilities.

(3) In the exercise of the above-mentioned rights, the United States agree that the powers granted to it outside the Leased Areas will not be used unreasonably or, unless required by military necessity, so as to interfere with the necessary rights of navigation, aviation or
communi cation to or from or within the Territories, but that they shall be used in the spirit of the fourth clause of the Preamble.

(4) In the practical application outside the Leased Areas of the foregoing paragraphs there shall be, as occasion requires, consultation between the Government of the United States and the Government of the United Kingdom.

ARTICLE II

Special Emergency Powers

When the United States is engaged in war or in time of other emergency, the Government of the United Kingdom agree that the United States may exercise in the Territories and surrounding waters or air spaces all such rights, power and authority as may be nec essary for conducting any military operations deemed desirable by the United States, but these rights will be exercised with all possible regard to the spirit of the fourth clause of the Preamble.

ARTICLE III

Non-user

The United States shall be under no obligation to improve the Leased Ar eas or any part thereof for use as naval or air bases, or to exercise any right, power or authority granted in respect of the Leased Areas, or to maintain forces therein, or to provide for the defence thereof; but if and so long as any Leased Area, or any part thereof, is not used by the United States for the purposes in this Agreement set forth, the Govern ment of the United Kingdom or the Government of the Territory may take such steps therein as shall be agreed with the United States to be desir able for the maintenance of public health, safety, law and order, and if necessary, for defence.

ARTICLE IV^*

[^*The present provisions of this Article were agreed to be substituted for the original Article IV on the 1st August, 1950, by way of an Exchange of Notes between His Majesty's Ambassador at Washington and the United States Secretary of State.]

Jurisdiction

(1) The Government of the United States of America shall have the right to exercise the following jurisdiction over offences committed in the Territory—

(a) Where the accused is a member of a United States force—

(i) if a state of war exists, exclusive jurisdiction over all offences wherever committed;

(ii) if a state of war does not exist, exclusive juris diction over security offences wherever commit ted and United States interest offences commit ted inside the Leased Areas; concurrent jurisdiction over all other offences wherever committed;

(b) Where the accused is a British subject or a local alien and a civil court of the United States is sitting in the Territory, exclusive jurisdiction over security offences committed inside the Leased Areas.

(c) Where the accused is not a member of a United States force, a British subject or a local alien, but is a person subject to the United States military or naval law—

(i) if a state of war exists, exclusive jurisdiction over security offences committed inside the Leased Areas; and United States interest of fences committed inside the Leased Areas; con current jurisdiction over all other offences wher ever committed;

(ii) if a state of war does not exist and there is no civil court of the United States sitting in the Ter ritory, exclusive jurisdiction over security of fences which are not punishable under the law of the Territory; concurrent jurisdiction over all other offences committed inside the Leased Ar eas;

(iii) if a state of war does not exist and a civil court of the United States is sitting in the Territory, exclusive jurisdiction over security offences committed inside the Leased Areas; concurrent jurisdiction over all other offences wherever committed.

(d) Where the accused is not a member of a United States force, a British subject or a local alien, and is not a per son subject to United States military or naval law, and a civil court of the United States is sitting in the Territory, exclusive jurisdiction over security offences committed inside the Leased Areas; concurrent jurisdiction over all other offences committed inside the Leased Areas and, if a state of war exists, over security offences committed outside the Leased Areas.

(2) Wherever, under paragraph (1) of this Article, the Govern ment of the United States of America has the right to exercise exclusive jurisdiction over security offences committed inside the Leased Areas, such right shall extend to security offences committed outside the Leased Areas which are not punishable under the law of the Territory.

(3) In every case in which under this Article the Government of the United States of America has the right to exercise jurisdiction and the accused is a British subject, a local alien or, being neither a British subject nor a local alien, is not a person subject to United States military or naval law, such jurisdiction shall be exercisable only by a civil court of the United States sitting in the Territory.

(4) In every case in which under this Article the Government of the United States has the right to exercise exclusive jurisdiction, the fol lowing provisions shall have effect—

(a) The United States authorities shall inform the Govern ment of the Territory as soon as is practicable whether or not they elect to exercise such jurisdiction over any alleged offences which may be brought to their attention by the competent authorities of the Territory or in any other case in which the United States authorities are re quested by the competent authorities of the Territory to furnish such information.

(b) If the United States authorities elect to exercise such ju risdiction, the accused shall be brought to trial accord ingly, and the courts of the Territory shall not exercise jurisdiction except in aid of a court or authority of the United States, as required or permitted by the law of the Territory.

(c) If the United States authorities elect not to exercise such jurisdiction, and if it shall be agreed between the Gov ernment of the Territory and the United States authori ties that the alleged offender shall be brought to trial, nothing in this Article shall affect the exercise of juris diction by the courts of the Territory in the case.

(5) In every case in which under this Article the Government of the United States of America has the right to exercise concurrent juris diction, the following provisions shall have effect—

(a) The case shall be tried by such court as may be ar ranged between the Government of the Territory and the United States authorities.

(b) Where an offence is within the jurisdiction of a civil court of the Territory and of a United States military or naval court, conviction or acquittal of the accused by one such court shall not exclude subsequent trial by the other, but in the event of such subsequent trial the court in awarding punishment shall have regard to any pun ishment awarded in the previous proceedings.

(c) Where the offence is within the jurisdiction of a civil court of the Territory and of a civil court of the United States, trial by one shall exclude trial by the other.

(6) Notwithstanding anything contained elsewhere in this Arti cle, when a state of war exists in which the Government of the United Kingdom is, and the Government of the United States of America is not, engaged, then in any case in which the Government of the United States of America would, but for this paragraph, have exclusive jurisdiction, that jurisdiction shall be concurrent in respect of any of the following of fences against any part of His Majesty's dominions committed outside the Leased Areas or, if not punishable by the Government of the United States of America in the Territory, inside the Leased Areas—

(a) treason;

(b) any offence of the nature of sabotage or espionage or against any law relating to official secrets;

(c) any other offence relating to operations, in the Territory, of the Government of any part of His Majesty's domin ions, or to the safety of His Majesty's naval, military or air bases or establishments or any part thereof' or of any equipment or other property of any such Government in the Territory.

(7) Nothing in this Article shall give the Government of the
United States of America the right to exercise jurisdiction over a member of a United Kingdom, Dominion or Colonial armed force, except that, if a civil court of the United States is sitting in the Territory and a state of war does not exist or a state of war exists in which the Government of the United States of America is, and the Government of the United King dom is not, engaged, the Government of the United States of America shall have the right, where the accused is a member of any such force, to exercise concurrent jurisdiction over security offences committed inside the Leased Areas.

(8) Nothing in this Article shall affect the jurisdiction of a civil court of the Territory except as expressly provided in this Article.

(9) In this Article the following expressions shall have the meanings hereby assigned to them—

(a) "British subject" shall not include a person who is both a British subject and a member of a United States force.

(b) "Local alien" means a person, not being a British sub ject, a member of a United States force or a national of the United States, who is ordinarily resident in the Ter ritory.

(c) "Member of a United States force" means a member (entitled to wear the uniform) of the naval, military or air forces of the United States of America.

(d) "Security offence" means any of the following offences against the United States and punishable under the law thereof—

(i) treason;

(ii) any offence of the nature of sabotage or espi onage or against any law relating to official se crets;

(iii) any other offence relating to operations, in the Territory, of the Government of the United States of America, or to the safety of the United States naval or air bases or establishments or any part thereof or of any equipment or other property of the Government of the United States of America in the Territory.

(e) "State of war" means a state of actual hostilities in which either the Government of the United Kingdom or the Government of the United States of America is engaged and which has not been formally terminated, as by sur render.

(f) "United States interest offence" means an offence which (excluding the general interest of the Government of the Territory in the maintenance of law and order therein) is solely against the interests of the Government of the United States of America or against any person (not be ing a British subject or local alien) or property (not being property of a British subject or local alien) present in the Territory by reason only of service or employment in connexion with the construction, maintenance, opera tion or defence of the bases.

ARTICLE V

Security Legislation

The Government of the Territory will take such steps as may from time to time be agreed to be necessary with a view to the enactment of legislation to ensure the adequate security and protection of the United States naval and air Bases, establishments, equipment and other property, and the operations of the United States under the Leases and this Agreement and the punishment of persons who may contravene any laws or regulations made for that purpose. The Government of the Territory will also from time to time consult with the United States Authorities in order that the laws and regulations of the United States and the Territory in relation to such matters may, so far as circumstances permit, be similar in charac ter.

ARTICLE VI^*

[^*The present provisions of this Article were agreed to be substituted for the original Article VI on the 1st August, 1950, by way of an Exchange of Notes between His Majesty's Ambassador at Washington and the United States Secretary of State.]

Arrest and Service of Process

(1) No arrest shall be made and no process, civil or criminal, shall be served within any Leased Area except with the permission of the Commanding Officer in charge of the United States forces in such Leased Area; but should the Commanding Officer refuse to grant such permis sion he shall (except where under Article IV, jurisdiction is to be
exer cised by the United States or is not exercisable by the courts of the Ter ritory) forthwith take the necessary steps to arrest the person charged and surrender him to the appropriate authority of the Territory or to serve such process, as the case may be, and to provide for the atten dance of the server of such process before the appropriate court of the Territory or procure such server to make the necessary affidavit or decla ration to prove such service.

(2) In cases where the courts of the United States have juris diction under Article IV, the Government of the Territory will on request give reciprocal facilities as regards the service of process and the arrest and surrender of alleged offenders.

(3) In this Article the expression "process" includes any process by way of summons, subpoena, warrant, writ or other judicial document for securing the attendance of a witness, or for the production of any documents or exhibits, required in any proceedings civil or criminal.

ARTICLE VII

Right of Audience for United States Counsel

In cases in which a member of the United States forces shall be a party to civil or criminal proceedings in any court of the Territory by reason of some alleged act or omission arising out of or in the course of his official duty, United States counsel (authorised to practise before the courts of the United States) shall have the right of audience, provided that such counsel is in the service of the Government of the United States and ap pointed for that purpose either generally or specially by the appropriate authority.

ARTICLE VIII

Surrender of Offenders

Where a person charged with an offence which falls to be dealt with by the courts of the Territory is in a Leased Area, or a person charged with an offence which falls under Article IV to be dealt with by the courts of the United States is in the Territory but outside the Leased Areas, such person shall be surrendered to the Government of the Territory or to the United States Authorities, as the case may be, in accordance with special arrangements made between that Government and those Authorities.

ARTICLE IX

Public Services

The United States shall have the right to employ and use all utilities, services and facilities, roads, highways, bridges, viaducts, canals and similar channels of transportation belonging to, or controlled or regu lated by, the Government of the Territory or the Government of the United Kingdom, under conditions comparable to and no less favourable than those applicable from time to time to the Government of the United Kingdom.

ARTICLE X

Surveys

(1) The United States shall have the right, after appropriate notification as been given to the Government of the Territory, to make topographic and hydrographic surveys outside the Leased Areas in any part of the Territory and waters adjacent thereto. Copies, with title and triangulation data, of any surveys so made will be furnished to the Gov ernment of the Territory.

(2) Notification and copies will be given to the United States Authorities of any such surveys carried out by the Government of the United Kingdom or the Government of the Territory.

ARTICLE XI

Shipping and Aviation

(1) Lights and other aids to navigation of vessels and aircraft placed or established in the Leased Areas and the territorial waters adja cent thereto or in the vicinity thereof shall conform to the system in use in the Territory. The position, characteristics and any alterations thereof shall be notified in advance to the appropriate authority in the Territory.

(2) United States public vessels operated by the War or Navy Department, by the Coastguard or by the Coast and Geodetic Survey, bound to or departing from a Leased Area shall not on entering or leaving the Leased Area or the territorial waters in the vicinity thereof be subject to compulsory pilotage or to light or harbour dues in the Territory. If a pilot is taken pilotage shall be paid for at appropriate rates.

(3) British commercial vessels may use the Leased Areas on the same terms and conditions as United States commercial vessels.

(4) It is understood that a Leased Area is not a part of the ter ritory of the United States for the purpose of coastwise shipping laws so as to exclude British vessels from trade between the United States and the Leased Areas.

(5) Commercial aircraft will not be authorised to operate from any of the Bases (save in case of emergency or for strictly military pur poses under supervision of the War or Navy Departments) except by agreement between the United States and the Government of the United Kingdom; provided that in the case of Newfoundland such agreement shall be between the United States and the Government of Newfound land.

ARTICLE XII

Motor Traffic

(1) Standard and test types of motor vehicles as determined by the United States shall not be prevented from using roads in a Territory by reason of non-compliance with any law relating to construction of motor vehicles.

(2) No tax or fee shall be payable in respect, of registration or licensing for use in a Territory of motor vehicles belonging to the Gov ernment of the United States.

ARTICLE XIII

Immigration

(1) The Immigration laws of the Territory shall not operate or apply so as to prevent admission into the Territory, for the purposes of this Agreement, of any member of the United States Forces posted to a Leased Area or any person (not being a national of a Power at war with His Majesty the King) employed by, or under a contract with, the Gov ernment of the United States in connection with the construction, main tenance, operation or defence of the Base in the Territory; but suitable arrangements will be made by the United States to enable such persons to be readily identified and their status to be established.

(2) If the status of any person within the Territory and admitted thereto under the foregoing paragraph shall be altered so that they would no longer be entitled to such admission, the United States Authorities shall notify the Government of the Territory and shall, if such person be required to leave the Territory by that Government, be responsible for providing him with a passage from the Territory within a reasonable time, and shall in the meantime prevent his becoming a public responsi bility of the Territory.

ARTICLE XIV

Customs and other Duties

(1) No import, excise, consumption or other tax, duty or impost shall be charged on —

(a) material, equipment, supplies or goods for use in the construction, maintenance, operation or defence of the Bases, consigned to, or destined for, the United States Authorities or a contractor;

(b) goods for use or consumption aboard United States public vessels of the Army, Navy, Coast Guard or Coast and Geodetic Surveys;

(c) goods consigned to the United States Authorities for the use of institutions under Government control known as Post Exchanges, Ships' Service Stores, Commissary Stores or Service Clubs, or for sale thereat to members of the United States forces, or civilian employees of the United States being nationals of the United States and employed in connection with the Bases, or members of their families resident with them and not engaged in any business or occupation in the Territory;

(d) the personal belongings or household effects of persons referred to in sub-paragraph (c), and of contractors and their employees being nationals of the United States em ployed in the construction, maintenance or operation of the Bases and present in the Territory by reason only of such employment.

(2) No export tax shall be charged on the material, equipment, supplies or goods mentioned in paragraph (1) in the event of reshipment from the Territory.

(3) This Article shall apply notwithstanding that the material, equipment, supplies or goods pass through other parts of the Territory en route to or from a Leased Area.

(4) Administrative measures shall be taken by the United States Authorities to prevent the resale of goods which are sold under paragraph (1) (c), or imported under paragraph (1)(d), of this Article, to persons not entitled to buy goods at such Post Exchanges, Ships' Service Stores, Commissary Stores or Service Clubs, or not entitled to free im portation under paragraph (1) (d) ; and generally to prevent
abuse of the customs privileges granted under this Article. There shall be co-operation between such Authorities and the Government of the Territory to this end.

ARTICLE XV

Wireless and Cables

(1) Except with the consent of the Government of the Territory, no wireless station shall be established or submarine cable landed in a Leased Area otherwise than for military purposes.

(2) All questions relating to frequencies, power and like mat ters, used by apparatus designed to emit electric radiation, shall be set tled by mutual arrangement.

ARTICLE XVI

Postal Facilities

The United States shall have the right to establish United States Post Offices in the Leased Areas for the exclusive use of the United States forces, and civilian personnel (including contractors and their em ployees) who are nationals of the United States and employed in connec tion with the construction maintenance, operation or defence of the Bases, and the families of such persons, for domestic use between United States Post Offices in Leased Areas and between such Post Offices and other United States Post Offices and Post Offices in the Panama Canal Zone and the Philippine Islands.

ARTICLE XVII

Taxation

(1) No member of the United States forces or national of the United States, serving or employed in the Territory in connection with the construction, maintenance, operation or defence of the Bases, and residing in the Territory by reason only of such employment, or his wife or minor children, shall be liable to pay income tax in the Territory ex cept in respect of income derived from the Territory.

(2) No such persons shall be liable to pay in the Territory any poll tax similar tax on his person, or any tax on ownership or use of property which inside a Leased Area, or situated outside the Territory.

(3) No person ordinarily resident in the United States shall be liable to pay income tax in the Territory in respect of any profits derived under a contract made in the United States with the Government of the United States in connection with the construction, maintenance, opera tion or defence of the Bases, or any tax in the nature of a licence in re spect of any service or work for the United States in connection with the construction, maintenance, operation or defence of the Bases.

ARTICLE XVIII

Business and Professions

Unless the consent of the Government of the Territory shall have been obtained—

(1) no business shall be established in a Leased Area; but the institutions referred to in Article XIV (1)(c), offering goods under a prohi bition against re-sale, exclusively to the persons mentioned in the said Article XIV (1) (c), shall not be regarded as businesses for the purposes of this Article;

(2) No person shall habitually render any professional services in a Leased Area, except to, or for, the Government of the United States or the persons mentioned in Article XIV (1) (c).

ARTICLE XIX

Forces outside Leased Areas

(1) United States forces stationed or operating outside the Leased Areas under separate agreement with the Government of the United kingdom or the Government of the Territory shall be entitled to the same rights and enjoy the same status as United States forces sta tioned within the Leased Areas.

(2) The United States shall be under no obligation to maintain forces outside the Leased Areas by virtue of any such agreement.

ARTICLE XX

Health Measures outside Leased Areas

The United States shall have the right, in collaboration with the Govern ment of the Territory and, where necessary, with the Local Authority concerned, to exercise, without other consideration than just compensa tion to private owners, if any, such powers as such Government and Lo cal Authority and the Government of the United Kingdom may possess of entering upon any property in the vicinity of the Leased Areas for the purpose of inspection, and of taking any necessary measures to improve sanitation and protect health.

ARTICLE XXI

Abandonment

The United States may at any time abandon any Leased Area or any part thereof, without thereby incurring any obligation, but shall give to the Government of the United Kingdom as long notice as possible and in any case not less than one year, of its intention so to do. At the expiration of such notice the area abandoned shall revert to the Lessor. Abandonment shall not be deemed to have occurred in the absence of such notice.

ARTICLE XXII

Removal of Improvements

The United States may at any time before the termination of a lease, or within a reasonable time thereafter, take away all or any removable im provements placed by or on behalf of the United States in the Leased Area or territorial waters.

ARTICLE XXIII

Rights not to be Assigned

The United States will not assign or underlet or part with the possession of the whole or any part of any Leased Area, or of any right, power or authority granted by the Leases or this Agreement.

ARTICLE XXIV

Possession

(1) On the signing of this Agreement, leases of the Leased Ar eas, substantially in the forms respectively set out in Annex II hereto, shall be forthwith executed, and all rights, power, authority and control under such leases and under this Agreement (including transfer of pos session where it shall not previously have been transferred) shall there upon become effective immediately, and pending execution of such Leases they may be exercised ad interim and possession of the Leased Areas shall be immediately given so far as the location thereof is then as certained. Where the precise location of a portion of any Leased Area is not ascertainable until more detailed descriptions are available, posses sion of such portion shall be given as rapidly as possible. This Article shall not require occupiers of buildings in a Leased Area to be removed from such buildings until reasonable notice to vacate has been given and expired, due regard being had to the necessity of obtaining alternative accommodation. _

(2) The foregoing paragraph shall not apply in relation to the Bahamas, but a lease of the Leased Area therein, in terms similar to those of the leases set out in Annex II hereto, and subject to such special provisions as may be agreed to be required, will be granted to the United States of America as soon as the location of that area shall have been agreed, whereupon this Agreement shall apply thereto.

ARTICLE XXV

Reservations

(1) All minerals (including oil) and antiquities and all rights re lating thereto and to treasure trove, under, upon or connected with the land and water comprised in the Leased Areas or otherwise used or oc cupied by the United States by virtue of this Agreement, are reserved to the Government and inhabitants of the Territory; but no rights so re served shall be transferred to third parties, or exercised within the Leased Areas, without the consent of the United States.

(2) The United States will permit the exercise of fishing privi leges within the Leased Areas in so far as may be found compatible with military requirements, and in the exercise of its rights will use its best endeavours to avoid damage to fisheries in the Territory.

ARTICLE XXVI

Special Provisions for Individual Territories

The provisions contained in Annex III hereto shall have effect in relation to the Territories to which they respectively appertain.

ARTICLE XXVII

Supplementary Leases

The United States may, by common agreement, acquire by supplemen tary lease for the unexpired period of the Lease granted in a Territory, such additional areas, sites and locations as may be found necessary for the use and protection of the Bases upon such terms and conditions as may be agreed, which shall, unless there are special reasons to the con trary, be on the basis of those contained in this Agreement.

ARTICLE XXVIII

Modification of this Agreement

The Government of the United States and the Government of the United Kingdom agree to give sympathetic consideration to any representations which either may make after this Agreement has been in force a reason able time, proposing a review of any of the provisions of this Agreement to determine whether modifications in the light of experience are neces sary or desirable. any such modifications shall be by mutual consent.

ARTICLE XXX

Interpretation

In this Agreement, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

"Lease" means a lease entered into in pursuance of the commu nications set out in Annex I hereto, and in relation to any Territory means a lease entered into in respect of an area therein.

"Leased Area" means an area in respect of which a lease is or will be entered into.

"Base" means a base established in pursuance of the said com munications.

"Territory" means a part of His Majesty's dominions in which a lease is entered into in pursuance of the communications set out in Annex I hereto; and "the Territory" means the Territory concerned.

"The United States Authorities" means the authority or authori ties from time to time authorized or designated, by the Gov ernment of the United States of America, for the purpose of exercising the powers in relation to which the expression is used.

"United States forces" means the naval and military forces of the United States of America.

"British subject" includes British protected person.

Signed in London in duplicate this twenty-seventh day of March, 1941.

On behalf of the Government of the United Kingdom of Great Britain and Northern Ireland:

WINSTON S. CHURCHILL.

CRANBORNE.

MOYNE.

On behalf of the Government of the United States of America:

JOHN G. WINANT.

CHARLES FAHY.

HARRY J. MALONY.

HAROLD BIESEMEIER.

ANNEX I

EXCHANGE OF NOTES REGARDING UNITED STATES DE STROYERS AND NAVAL AND AIR FACILITIES FOR THE UNITED STATES IN BRITISH TRANSATLANTIC TERRITORIES

No. 1

The Marquess of Lothian to Mr. Cordell Hull

Sir, Washington, September 2, 1940.

I have the honour, under instructions from His Majesty's Principal Sec retary of State for Foreign Affairs, to inform you that in view of the friendly and sympathetic interest of His Majesty's Government in the United Kingdom in the national security of the United States and their desire to strengthen the ability of the United States to co-operate effec tively with the other nations of the Americas in the defence of the West ern Hemisphere, His Majesty's Government will secure the grant to the Government of the United States, freely and without consideration, of the lease for immediate establishment and use of Naval and Air bases and facilities for entrance thereto and the operation and protection thereof, on the Avalon Peninsular and on the Southern coast of Newfoundland, and on the East coast and on the Great Bay of Bermuda. Furthermore, in view of the above and in view of the desire of the United States to ac quire additional Air and Naval bases in the Caribbean and in British Guiana and without endeavouring to place a monetary or commercial value upon the many tangible and intangible rights and properties in volved, His Majesty's Government will make available to the United States for immediate establishment and use Naval and Air bases
and fa cilities for entrance thereto and the operation and protection thereof, on the Eastern side of the Bahamas, the Southern coast of Jamaica, the Western coast of St. Lucia, the West coast of Trinidad in the Gulf of Paria, in the Island of Antigua, and in British Guiana within fifty miles of Georgetown, in exchange for Naval and Military equipment and material which the United States Government will transfer to His Majesty's Gov ernment.

All of the bases and facilities referred to in the preceding paragraph will be leased to the United States for a period of ninety-nine years free from all rent and charges other than such compensation to be mutually agreed on to be paid by the United States in order to compensate the owners of private property for loss by expropriation or damage arising out of the establishment of the bases and facilities in question.

His Majesty's Government in the lease to be agreed upon will grant to the United States for the period of the leases all the rights, power and au thority within the bases leased, and within the limits of the territorial waters and air spaces adjacent to or in the vicinity of such bases, neces sary to provide access to and defence of such bases and appropriate pro visions for their control.

Without prejudice to the above-mentioned rights of the United States authorities and their jurisdiction within the leased areas, the adjustment and reconciliation between the jurisdiction of the authorities of the United States within these areas and the jurisdiction of the authorities of the Territories in which these areas are situated shall be determined by common agreement.

The exact location and bounds of the aforesaid bases, the necessary seaward coast and anti-aircraft defences, the location of sufficient mili tary garrisons, stores and other necessary auxiliary facilities shall be determined by common agreement.

His Majesty's Government are prepared to designate immediately experts to meet with experts of the United States for these purposes. Should these experts be unable to agree in any particular situation except in the case of Newfoundland and Bermuda, the matter shall be settled by the Secretary of State of the United States and His Majesty's Secretary of State for Foreign Affairs.

I have, &c.,

LOTHIAN.

No. 2

Mr. Cordell Hull to the Marquess of Lothian

Excellency, Washington, September 2, 1940.

I have received your note of 2nd September, 1940, of which the text is as follows—

[As in No. 1.]

I am directed by the President to reply to your note as follows—

"The Government of the United States appreciates the declarations and the generous action of His Majesty's Government, as contained in your communications, which are destined to enhance the national security of the United States and greatly to strengthen its ability to co-operate effec tively with the other nations of the Americas in the defence of the West ern Hemisphere. It therefore gladly accepts the proposals.

"The Government of the United States will immediately designate experts to meet with experts designated by His Majesty's Government to deter mine upon the exact location of the Naval and Air bases mentioned in your communication under acknowledgement.

"In consideration of the declarations above quoted, the Government of the United States will immediately transfer to His Majesty's Government fifty United States Navy Destroyers generally referred to as the twelve-hundred ton type."

Accept, &c.,

CORDELL HULL.

ANNEX II

FORMS OF LEASES

1 NEWFOUNDLAND

[omitted.]

2 BERMUDA

THIS LEASE made the day of nineteen hundred and forty-one between His Majesty The King of the one part and the United States of America of the other part.

WHEREAS by Notes exchanged on the second day of September, nine-
teen hundred and forty (copies of which are appended to the Agreement hereinafter referred to) His Majesty's Government in the United Kingdom made, and the Government of the United States accepted, proposals for the grant to the Government of the United States, freely and without consideration, of the lease of naval and air bases and facilities connected therewith, in certain localities, including the east coast and the Great Bay of Bermuda, for a period of ninety-nine years free from all rent and charges other than compensation to be mutually agreed on to be paid by the United States in order to compensate the owners of private property for the loss by expropriation or damage arising out of the establishment of the said bases and facilities.

AND WHEREAS in furtherance of such proposals an Agreement between the Government of the United Kingdom and the United States of America was signed on the twenty-seventh day of March, nineteen hundred and forty-one:

NOW, THEREFORE, His Majesty doth hereby demise to the United States of America, free from all rent and charges other than compensation as hereinbefore mentioned, all that property described in the Schedule hereto and delineated on the plan[s] annexed hereto, to hold unto the United States of America for a term of ninety-nine years commencing on the date hereof, for the purposes specified in the aforesaid Notes and with the rights, powers and authority and on the terms and conditions contained in the aforesaid Agreement (except such parts thereof as relate specifically to territory other than Bermuda), which Agreement (except as aforesaid) shall be regarded as incorporated in and made part of this lease.

2 The exact metes and bounds of the property generally described in the Schedule hereto shall with all convenient speed be established by Survey conducted by the United States of America, and shall then be de scribed and delineated in a document or documents and a plan or plans in duplicate, which, when agreed and signed on behalf of the parties hereto, shall supersede the description contained in the Schedule hereto and the plan[s] annexed hereto. One copy of each such document and plan shall be retained by the United States of America and the other shall be deposited with the Governor of the Bermudas.

3 The Government of the United States will not use the said prop erty, or permit the use thereof, except for the purposes specified in the aforesaid Notes and Agreement,

IN WITNESS WHEREOF His Majesty The King has caused the Public Seal of the Colony of the Bermudas to be affixed hereto and the United States of America has caused these presents to be executed on its behalf by,

the day and the year first above written.

SCHEDULE

Reference: Ordnance Survey Map, Sheets l and 2, 1898-9, scale six inches equals one mile (enclosures (B) and (C), H.O. 27).

(1) Long Bird Island, including adjoining islands in Ferry Reach, and causeway to mainland, south of Mullet Bay, the entire area containing approximately eighty acres.

(2) Beginning at Stokes' Point on the shoreline of St. George's Harbour; thence generally east and south along the shoreline to the western edge of Higg's Bay thence due south about one hundred and seventy-five feet to the road between Stokes' Point and St. David's light house; thence generally east along, but excluding, the said road to the road junction about three hundred and forty feet southeast of Burcher's Point; thence generally southeast along, but excluding, the said road to a point about one hundred and fifty feet northwest of its terminus on Ruth's Bay; thence east about seven hundred and twenty-five feet to the shoreline south of Cove Point; thence south along the shoreline to Ruth's Point; thence generally west along the shoreline to point of beginning; also Cave Island, Sandy Island, Little Round Island, Jones' Island, Round Island, Long Island, Grace's Island, Westcott Island, and adjacent unnamed islands in Castle Harbour; the entire area containing approxi mately two hundred and sixty acres; provided that the highway between Stokes' Point and Higgs' Bay shall be excluded.

(3) Cooper's Island and all the islands and cays between Ruth's Point on St. David's Island and Cooper's Island, containing a total of ap proximately seventy-seven acres.

(4) Tucker's Island and Morgan's Island and the immediately adjacent cays, in Great Sound, containing a total of approximately fifty acres.

(5) Reference: Map prepared in 1898 by Lieutenant Savage. Be ginning at a point on the shoreline about 2,500 feet southeast of the Somerset Bridge at the junction of a property line with the centre of the cove, proceed about 200 feet southwesterly along the said property line to a property line, thence about 630 feet southeasterly along property line to a property line, thence about 120 feet southwesterly along the said property line to a property line, thence about 620 feet south south easterly along property line to an intersection of the said property line

Bermuda Consolidated Legislation

United States Bases Agreement