BRITISH AND FOREIGN STATE PAPERS WITH WHICH IS INCORPORATED HERTSLET'S COMMERCIAL TREATIES

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000300110003-6
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• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 27, 2016
• Document Release Date: October 19, 2012
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RITISH AND FOREIGN
STATE PAPE
WITH WHICH IS INCORPORATED
HERTSLET'S COMMERCIAL
TREATIES
1930 Part I
VOL. CXXXII
Compiled and Edited in the Librarian's Department
of the Foreign Office ? ?
Crown Copyright Reserved
LONDON
PRINTED AND PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE
To be purchased directly from H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2 ; 120 George Street, Edinburgh a;
York Street, Manchester 1; i St. Andrew's Crescent, Cardiff;
8o Chichester Street, Belfast;
or through any Bookseller
1935
Price ,Cr 7s. 6d. Net
59-45-32
. ? .
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nesure His Majesty the King of Great Britain, Ireland and the
.ffaires British dominions beyond the Seas, Emperor of India, and
ention the President of the United States of America,
Being desirous of delimiting definitely the boundary
23. between the Philippine archipelago (the territory acquired
108.
46. (1) Treaty Series No. 2 (1933) (Cmd. 4241).
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GREAT BRITAIN AND 'UNITED STATES. 367
de s'adresser au Secretariat de is Societe des Nations afin
de savoir si is Turquie pourrait adherer a la convention en
reservant is question des certificats d'origine, sur laquelle
elle ne voit pas is possibilite d'accepter les dispositions de
is convention. Si is reponse etait favorable, rien ne
s'opposerait a ce que is Turquie adhere a is convention.
Finalement, en ce qui concerne le protocole mentionne sous
le numero 4, le Ministke des Affaires etrangeres est en train
de demander l'avis du Ministers de la Justice sur cette
question.
Sir George Clerk remercie Zekili Bey de ces precisions.
Le traiteest ensuite signe.
GEORGE R. CLERK?
ZEKAI.
THE provisions of the foregoing treaty have been
extended to?
Southern Rhodesia ... ... October 25, 1930
Barbados, Bermuda, British
Guiana, Ceylon, Cyprus,
.Falkland Islands, Gambia,
Gold Coast (including
Ashanti, Northern Territo-
ries and Togoland), Grenada,
Hong Kong, Jamaica, Malta,
Mauritius, Nigeria (including
Cameroons), North Borneo,
Northern Rhodesia, Nyasa-
land, St. Lucia, St. Vincent,
Seychelles, Straits Settle- -
ments, Trinidad and Tobago September 3, 1930.
CONVENTION between the United Kingdom and the
United States of America regarding the Boundary
between the Philippine Archipelago and North Borneo,
with Exchange of Notes.--Washington., January 2,
,'1930.(1)
[Ratifications exchanged at Washington, December 13,
19321
/I
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I
--- 368 GREAT BRITAIN AND UNITED STATES. GREAT BRITAIN AND UNITED STATES.
by the United States of America' by virtue of the treaties
of the 10th December, 1898,(2) and the 7th November,
1900,(3) with Her Majesty the Queen Regent of Spain) and
? the State of North Borneo, which is under British
protection,
Have resolved to conclude a convention for that purpose
and have appointed as their plenipotentiaries:
?[Here follow the names.]
?
Who, -having communicated to each other their respec-
tive full powers, found in good and due form, have agreed
upon and concluded the following articles:?
? ART. 1. It is hereby agreed and declared that. the line
separating the islands belonging to the Philippine archi-
pelago on the one hand and the islands belonging to the
' State of North Borneo, which is under British protection,
on the other hand shall be and is hereby established as
follows:?
From the point of intersection of the parallel of 4? 45'
north latitude and the meridian of longitude 120? 0' east
of Greenwich (being a point on the boundary defined by the
treaty between the United States of America and Spain,
signed at Paris, the 10th December, 1898), a line due south
along the meridian of longitude 120? 0' east of Greenwich
to its point of intersection with the parallel of 4? 23' north ?
latitude;
Thence due west along the parallel of 4? 23' north
latitude to its intersection with the meridian of longitude
119? 0' east of Greenwich;
Thence due n9rth along the meridian of longitude 119? 0'
east of Greenwich to its intersection with the parallel of
4? 42' north latitude;
Thence in a straight line approximately 45? 54' true
(N 45? 54' E) to the intersection of the parallel of 5? 16'
north latitude and the meridian of longitude 119? 35' east
of Greenwich;
-Thence in a' straight line approximately 314? 19' true
(N-45? 41' W) to the intersection of the parallel of 6? 0'
north latitude and the meridian of longitude 118? 50' east
? ,of Greenwich;
Thence due west along the parallel of 6? 0' north latitude
to its intersection with the meridian of longitude 118? 20'
east of Greenwich;
Thence in a straight line approximately 307? 40' true
(N 52? 20' W) passing between Little Bakkungaan Island
and Great Bakkungaan Island to the intersection of the
parallel of 6? 17' north latitude and the meridian of
longitude 117? 58' east of Greenwich;
(2) Vol. XC, page 382. (3) Vol. XCII, page 814.
369
Thence due north along the meridian of longitude
117? 58' east of Greenwich ? to its intersection with the
parallel of 6? 52' north latitude;
Thence in a straight line approximately 315? 16' true
(N 44? 44' W) to the intersection of the parallel of
7? 24' 45" north latitude with the meridian of longitude
117? 25' 30" east of Greenwich;
Thence in a straight line approximately 300? 56' true
(N 59? 4' W) through the Mangsee Channel between
Mangsee Great Reef and Mangsee Islands to the inter-
section of the parallel of 7? 40' north latitude and the
meridian of longitude 117? 0' east of Greenwich, the latter
point being on the boundary defined by the treaty between
-the United States of America and Spain, signed at Paris,
the 10th December, 1898.
2. The line described above has been indicated on
charts Nos. 4707 and 4720, published by the United States
Coast and Geodetic Survey, corrected to the 24th July,
1929, portions of both charts so marked being attached to
this treaty(4) and made a part thereof. It is agreed that if
more accurate surveying and mapping of North Borneo, the
Philippine Islands and intervening islands shall in the
future show ?that the line described above does not pass
between Little Bakkungaan and Great Bakkungaan Islands, _
substantially as indicated on chart No. 4720, the boundary
line shalt be understood th be defined in that area as a line
passing between Little Bakkungaan and Great Bakkungaan
Islands Nas indicated on the chart, said portion of the line
being a 'straight line approximately 307? 40' true drawn _
from a point on the parallel of 6? 0' north latitude -to a
point on the meridian of longitude of 117? 58' east of
Greenwich.
It is likewise agreed that if more accurate surveying and
mapping shall show that the line described above does not
pass between the Mangsee Islands and the Mangsee Great
Reef as indicated on chart No. 4720, the boundary shall be
understood to be defined in that area as a straight line
drawn from the intersection of the parallel of 7? 24' 45"
north latitude and cthe nieridian of longitude of 117? 25' 30"
east of Greenwich, passing through Mangsee Channel as
indicated on attached chart No. 4720 to a point on the
parallel of 7? 40' north latitude.
3. All islands to the north_ and east of the said line
and all islands and rocks traversed by the said line, should
?there be any such, shall belong to the Philippine archipelago
and all islands to the south and west of the said line shall
belong to.- the State of North Borneo.
(4) Charts not reproduced.
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? ? .
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- -OW GREAT BRITAIN AND UNITED STATES.
4. The provisions of article 19 of the treaty between the
United States of America, the British Empire, France, Italy
and Japan limiting naval armament, signed at Washington
on the 6th February, 1922,(5) shall, so long as that treaty
remains in force, apply in respect of all islands in the
Turtle and Mangsee Groups which are or may be deemed to
be comprised within the territories of the Philippine archi-
pelago on the one hand and of the State of North Borneo on
the other hand in consequence of the establishment of the
line fixed by the preceding articles of the present conven-
tion. In the event of either high contracting party ceding,
selling, leasing or transferring any of the islands in question
to a third party provision shall be made for the continued
application to such island of the aforementioned article 19
of the treaty between the United States of America, the
British Empire, France, Italy and Japan limiting naval
armament, signed at Washington on the 6th February, 1922,
provided that treaty is still in force at the time of such
cession, sale, lease or transfer.
5. The present convention shall be ratified by His
Britannic Majesty and by the President of the United
States_ of America, by and with the advice and consent of
the Senate thereof, and shall come into force on the
exchange of the acts of ratification, which shall take place
at Washington as soon as possible.
In witness whereof the respective plenipotentiaries have
signed the same and have affixed thereto their respective
seals.
Done in duplicate at Washington the 2nd day of January
in the year of our Lord 1930.
= (L.S.) ESME HOWARD.
(L S.) HENRY L. STIMSON.
Exchange of Notes.
(No. 1.)--The British Ambassador at' Washington to the
United States Secretary of State.
Sir, Washington, January 2, 1930.
BY the convention concluded between the President of
the United States of America and His Britannic Majesty
for the purpose of delimiting the boundary between the
Philippine archipelago on the one hand and the State of
North Borneo, which is under British protection, on the
other hand, the sovereignty over certain islands which have
(5) Vol. CXVH, page 453
GREAT BRITAIN AND UNITED STATES. 371
for many years past been administered by the British North
Borneo Company has been definitely recognised as
pertaining to the United States of rnerica. These islands,
which formed the subject of the arrangement effected by
an exchange of notes between His Majesty's Government
and the United States Government on the 3rd and
10th July, 1907(6) are :-
1. Sibaung, Boaan, Lihiman, Langaan, Great Bakkun-
gaan, Taganak, and Babuan in the group of islands known
as " the Turtle Islands."
2. The-Mangse,e Islands.
His Majesty's Government- in the United Kingdom
understand that the Government of the United States of
America are prepared to conclude an arrangement in regard
to these islands, supplementary to the above-mentioned
convention, in the following terms :?
Firstly.?That the said company be left undisturbed in
the administration of the islands in question unless or
until the United States Government give notice to His
Majesty's Government of their desire that the administra-
tion of the islands should be transferred to them. The
transfer of administration shall be effected within 1 year
after such notice is given on a day and in a manner to be
mutually arranged.
Secondly.?That when the administration of any island
is transferred in accordance with the foregoing, the said
company will deliver to the United States Government all
records, relating to administration prior to the date of
transfee.,,
Thirdly.?The United States of America shall not be
responsible for the value of any buildings which have been
or may be erected or other permanent improvements which
have been or may be made in any island the administra-
tion of Which is subject to transfer, but any buildings or
improvements erected or made by the administrative
authorities prior to the transfer of administration may be
removed, .provided the interests of the United States of
America are not thereby injured. In the event, however,
of the. island of Taganak being so transferred, the United
States Government will give favourable consideration to
the question of the compensation to be paid to the said
company in respect of the capital expenditure incurred by
the company in connexion with the lighthouse situated on
the island, and the United States Government will provide
for the future maintenance of the lighthouse.
Fourthly.?That such privilege of administration shall
not carry with it territorial rights, such as those of making
(6) Vol. CII, page 636.
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A
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grani, or concessions. in the islands in question to extend
beytard the temporary occupation of the company; and any
gra) t, concession or licence made by the company shall
cease upon the tormimtion of the company's occupation.
The united Stn.i es Government, however, take note of
tho. dciie of His Majesty's Government that the following
tides to land in certain of the islands, which were in good
'faith granted by the Government of North Borneo prior to
the arrangement of 1907, be allowed to stand on the terms
on which they were issued by that Government :?
Particulars.
Titles.
Date of
Alienation.
Period.
'-;
Approximate
Total Acreage.
.
Boaan island-
26. native titles ...
Lihiman(7)Island-
7 native titles ...
1 provisional lease,
2416 ... ...
_
Lan gaan Island-
4 native titles ...
Great Bak kungaan-
3 provisional leases
June 1, 1907
June 1, 1907
June 1, 1907
June 1, 1907
Sept. 26, 1903
.
In perpetuity...
In perpetuity..
999 years ...
,_.
In perpetuity...
999 years ...
Acres.
146
37
'
13
? ?
Total 50
_ 12
-
118
_
Fifthly.----It is agreed that the United States Govern-
ment shall be exempt from responsibility in respect of acts
done in or from any of the islands in question the
administration of which has not been transferred to the
United States.
-Sixthly.?The stipulations of the extradition treaties
.between the United States Government and His Majesty's
Government shall be applicable within the limits provided
-for in the exchange of notes which took place in Washington
on the 1st to 23rd September, 1913,(8) to the islands in ..
question, and the United States Government take note of
the importance which, in view of the proximity of the
(7) By an exchange of notes dated Washington, July 6, 1932
(text in Treaty Series No. 2 (1933) (Cmd. 4241) ), provisional
lease No. 2417, alienated on June 1, 1907, for 99g years (13 acres
and 24 perches), was regarded as included in the above
arrangement.
(8) Vol. CVI, page 821.
GREAT BRITAIN ANT: UNITED STATES. 378
islands to North Borneo, the said company attach to the
?establishment and maintenance of an adequate police post
thereon, in the event of the administration being transferred
to the United States Government.
Seventhly.?In the event of the cession, sale, lease or
transfer of the islands in question to any third party, the
United States Government undertake to use their good
offices in commending to the favourable consideration of
such third party the desires expressed by His Majesty's
Government in the United Kingdom and the British North
Borneo Company, as set out in the preceding articles of the
present arrangement. ?
I have-the honour, under instruction from His Majesty's
'Principal Secretary of State for Foreign Affairs, to request
you to be so good as to inform me whether the United
States adhere to the terms of the arrangement above
described, and I shall be glad to receive an assurance from
you at the time that this note will be considered by the
United States Government as sufficient acceptance of the
- above arrangement on the part of His Majesty's Govern-
ment in the United Kingdom.
I have, &c.
ESME HOWARD.
2.)?The United States Secretary of State to the
British 'Ambassador at Washington.
Excellency, Washington, January 2, 1930.
IN your Excellency's note of to-day's date you stated
that His Majesty's Government in the United Kingdom
understands that the Government of the United States of
America is prepared to conclude an arrangement in the
following terms regarding certain islands off the coast of
Borneo w.;hich?have been administered by the British North
-Borneo Company in accordance with the arrangement
-effected by an exchange of notes between His Majesty's
-Government and the Government of the United States of
America on the 3rd and 10th July, 1907:?
[Here. follow seven paragraphs as in No. 1, except that
;:oGunst):111171ent " and " company " are treated as singular
In reply to the enquiry made on behalf of your
Excellency's Government in the last paragraph of your
note of to-day's date., I take pleasure in informing you
that the Government of the United States of America
adheres to the terms of the arrangement above described,
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374 GREAT BRITAIN AND UNITED STATES.
and in assuring you that your note under acknowledgment
is considered by the Government of the United States of
America as sufficient acceptance of the arrangement on
the part of His Majesty's Government in the United
Kingdom.
--Accept, &c.
HENRY L. STIMSON..
EXCHANGE OF NOTES between the United Kingdom
and the United States of America regarding .the
Interpretation of Article 19 of the International Treaty
of April 22, 1930, for the Limitation and Reduction of
Naval Armament.?London, June 5, 1930.(1)
(No. 1.)?The United States Ambassador in London to His
Majesty's Principal Secretary of State for Foreign
Affairs.
Sir, London, June 5, 1930.
IT is the understanding of the Government of the
United States that the word " category" in article 19 of
the London Naval Treaty of 1930(2) means-" category or
sub-category." The Government of the United States
declares that it interprets the treaty to mean that vessels
becoming over age of either sub-category A or sub-
category B of the cruiser categories (article 16) shall be
replaceable only in that sub-category.
I have the honour to state that my Government would
be most happy to have a note of confirmation as to whether
this interpretation is shared by His Majesty's Government.
I have, &c.
(For the Ambassador),
RAY ATHERTON.
(No. 2.)?His Majesty's Principal Secretary of State for
Foreign Affairs to the United States Ambassador in
London.
Your Excellency, Foreign Office, June 5, 1930.
IN the note which your Excellency was so good as to
address to me on the 5th June you stated that it was the
understanding of the Government of the United States that
the word " category " in article 19 of the London Naval
(1) Treaty Series No. 1 (1931) (Cmd. 3758).
(2) Page 603.
GREA!I.' BRITAIN AND 1RA.Q AND UNITED STATES.. 375
Treaty, 1930, meant " category or sub-category." Your
Excellency added that the Government of the United
States declared that it interpreted the treaty to mean that
vessels becoming over age of either sub-category A or sub.
category B of the cruiser categories (article 16) shall be
replaceable only in that sub-category.
2. 'His Majesty's Government in the United Kingdom
note the above understanding and interpretation of the
London Naval Treaty of 1930 and concur therein. His
Majesty's Government in the United Kingdom do so
without prejudice to article 20 (a) of that treaty under
which they understand that the tonnage to be scrapped
and replaced in the case of the British Commonwealth of
Nations by .the 91,000 tons of 6-inch cruiser tonnage which
may be ,completed before the 31st December, 1936,
comprises. -partly 6-inch-gun cruiser tonnage and partly
cruiser tonnage of the 7.5-inch gun Effingham class..
I have, &c.
(For the Secretary of State),
R. VAN SITTART.
CONVENTION between the United Kingdom and Iraq and
the 'United States of America regarding the Rights of
,.the United States and its Nationals in Iraq, with
'P?otocol and Exchange of Notes.?London, January 9,
193Q.(i)
[Ratifications exchanged at London, February 24, 1931.]
(i) WHEREAS in virtue of the, treaty of peace concluded
with the Allied Powers and signed at Lausanne on the
24th day of July, 1923,(2) and in virtue of the treaty
concluded with His Britannic Majesty and His Majesty the
King of Iraq, signed at Angora on the 5th day of June,
1926,(3) Turkey has renounced all rights and titles over the
territory of Iraq; and
.(ii) Whereas by their decision of .the 27th day of
September, 1924, which is set forth in the first schedule
hereto, the Council of the League of Nations agreed that,
in so far as concerns Iraq, effect had been given to the
provisions of article 22 of the covenant(4) of the League of
(1) Treaty Series No. 19 (1931) (Crud. 3833). Signed also in
the Arabic language.
. (2) Vol. CXVII, page 543. (4) Vol. CXX, page 780.
(3) Vol. CXXIII, page 599.
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