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March 16, 1950

Note: The Agreement entered into force, March 16, 1950.

WHEREAS, the Government of the United States of America has, pursuant to the Philippine Rehabilitation Act of April 30, 1946 (60 Stat. 128), made available to Government of the Republic of the Philippines certain communications, air navigation, and meteorological facilities which have been or are to be installed for the purpose inter alia of facilitating international civil aviation, and

WHEREAS, the Philippine Property Act of July 3, 1946 (60 Stat. 418) authorizes the President of the United States of America, in his discretion and under such terms and conditions as he may deem appropriate, to transfer to the Republic of the Philippines any or all of the right, title, and interest of the Government of the United States of America or its agencies or its instrumentalities to any or all real or personal property within the Philippines vested in such agencies or instrumentalities.

THEREFORE, the Government of the Republic of the Philippines and the Government of the United States of America have decided to conclude an agreement as follows:

1. The Government of the United States of America shall formally transfer to the Government of the Republic of the Philippines title to certain of the communications, air navigation, and meteorological facilities which the Government of the United States of America has installed in the Philippines, and to such additional equipment of this nature as the Government of the United States of America may determine to provide formal transfer, the Government off the United States of America will, from time to time, transfer custody and control of various items subject to this Agreement to the Government of the Republic of the Philippines by means of memoranda receipts to be executed by representatives of the Government of the Republic of the Philippines and the Government of the United States of America.

2. The Government of the Republic of the Philippines shall:

(a) Operate and maintain the facilities transferred to it in accordance with Article I of this Agreement in a manner adequate to meet the requirements of air traffic into and away from aerodromes at which the facilities are located and along international air routes converging on those aerodromes.

(b) Continue the operation of all types of such facilities at their present locations agreed upon by representatives of the Government of the United States of America and the Government of the Republic of the Philippines until either such facilities are replaced by new facilities installed in accordance with the standards and recommendations of the International Civil Aviation Organization, or it is determined by the Government of the United States of America and the Government of the Republic of the Philippines that there is no longer a need for the original facilities.

(c) Devote the use of the aeronautical and allied facilities transferred to it by the Government of the United States of America exclusively to aeronautical and meteorological services.

(d) Provide the full service of all facilities transferred to it by the Government of the United States of America to all United States state and civil aircraft on the same basis as such service is provided to similar aircraft of the Republic of the Philippines. Charges, if any, will made only for non-operational messages and landing and associated fees of civil aircraft until such time as an international agreement on charges has been promulgated by the International Civil Aviation Organization and agreed to by the Government of the United States of America and the Government of the Republic of the Philippines, after which charges will be made by the Government of the Republic of the Philippines in accordance with the provisions of that agreement.

(e) Make available the established aeronautical communications facilities for the collection and transmission of weather information.

(f) Utilize for air-ground and control tower communications the ratio frequencies allocated for the purpose on the basis of international Telecommunications Regulations and ten accordance with the frequency utilization arrangements formulated by the International Civil Aviation Organization.

3. For the life of this agreement, subject to the concurrence of the Government of the Republic of the Philippines, and, subject to the availability of funds and personnel, the Government of the United States of America may provide the services, on a non-reimbursable basis, of one or more technical advisers to assist the agency designated by the Government of the Republic of the Philippines in the operation of the facilities transferred to it by the Government of the United of America.

4. This agreement will come into force on the day it is signed, and shall continue in effect for the period of five years; provided, however, that this agreement may be extended with the approval of both parties for additional periods of five years each, affected an exchange of notes between the two contracting parties.

IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed the present Agreement in duplicate at Baguio this 16th day of March 1950.

For the Government of the Republic of the Philippines:

For the Government of the United States of America: