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August 12, 1965

Note; The Agreement entered into force, August 12, 1965,

Manila, August 12, 1965

Excellency:

I have the honor to refer to Your Excellency's note No. 129 date August 12, 1965 "which reads as follows'.

"I have 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 with a terminal facility at San Miguel Communications Station, 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 as shown on the attached sketch 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 interest 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-terminous 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 Your Excellency's Government, I have the honor to propose that this note and Your Excellency's reply indicating concurrence shall constitute an agreement between our two governments.

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

I am pleased to inform Your Excellency that the terms and conditions set forth in Your Excellency's above-quoted note are acceptable to my Government and that my Government agrees that Your Excellency's note and this reply shall constitute an agreement between our two governments.

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

(SGD.) MAURO MENDEZ

Secretary of Foreign Affairs

No. 129

Manila, August 12, 1965.

Excellency:

I have the honor to refer to Article III, sub-paragraphs 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, communica- tions 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 with a terminal facility of San Miguel Communications Station, 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 as shown on the attached sketch 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 Your Excellency's Government I have the honor to propose that this note and Your Excellency's reply indicating concurrence shall constitute an agreement between our two governments.

Accept, Excellency, the renewed assurances of my highest consideration. Enclosure:

AIDE-MEMOIRE

During discussion of the installation of the submarine cable with a terminal facility at San Miguel Communications Station, which was the subject of an exchange of notes between the two governments on August 12, 1965, the United States Ambassador informed the Foreign Secretary of the Republic of the Philippines that in view of the common interest of both governments in expeditious communications between the Philippines and Vietnam in time of emergency. the United States is prepared to work out arrangements for the transmission of emergency messages of agencies of the Government of the Philippines between United States communications facilities in the Philippines and similar facilities in Vietnam. The Ambassador and the Foreign Secretary agreed that these arrangements shall be established by the Mutual Defense Board.

Embassy of the United States of America,
Manila, August 12, 1965.