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May 29, 1962

Note: The Agreement entered into force, August 21, 1962.

Reference: This Agreement is also published in 461 UNTS, p. 163.

The American Embassy to the Philippine Department of Foreign Affairs

EMBASSY OF THE UNITED STATES OF AMERICA

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 the Department's Note No. 436-62 concerning the former Canopus, a United States naval vessel which was sunk in Mariveles Harbor on April 10, 1942 and has remained there since that date. It is understood that the National Shipyards and Steel Corporation, in its capacity as an agency of the Government of the Republic of the Philippines, wishes to acquire this vessel and have it raised and removed from its present location.

The Embassy informs the Department that the Commander United States Naval Forces Philippines has been authorized to take, for the mutual benefit Of the Government of the Philippines and the Government of the United States, the administrative action necessary to transfer all right, title and interest which the Government of the United States may have in and to the former Canopus to the Government of the Republic of the Philippines. The Embassy is pleased, therefore, to extend to the Department the offer of the Commander United States Naval Forces Philippines to transfer such right, title and interest and to the former Canopus in its present location and condition subject to the right of the Government of the United States to inspect this vessel when it is raised and to recover all classified materials, items of historical interest, such as the ship s bell, all plaques including those listing commanding officers, engagements and awards, all steering wheels, and any items of particular significance to this vessel. The Embassy wishes also to stipulate that, in the event this offer is accepted, the Government of the Republic of the Philippines agrees to renounce all claims against the Government of the United States arising from the transfer and custody of this vessel and will save the Government of the United States harmless from any such claims asserted by third parties.

If this offer and the aforementioned reservations and stipulations are acceptable to the Department, the Embassy proposes that this note and the Department's reply concurring therein shall constitute an agreement to enter into force on the date of the Department's reply.

MVK

EMBASSY OF THE UNITED STATES,
May 29, 1962

_______________

The Philippine Department of Foreign Affairs to the American Embassy

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS

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. 866 dated May 29, 1962, informing the Department of the offer of the Commander, United States Naval Forces Philippines, to transfer to the Philippine Government the right, title and interest which the Government of the United States may have with regard to the wreck USS Canopus, subject to the conditions contained in the note under reference.

The Department is pleased to inform the Embassy that the Philippine Government accepts with appreciation the aforementioned offer, together with its conditions, and agrees with the Embassy's proposal that said note and this reply of acceptance shall constitute an agreement to become effective on the date of this reply.

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

Manila, August 21, 1962