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December 24, 1947

Note: The Agreement entered into force, December 24, 1947.

Reference: This Agreement is also published in 185 UNTS, p. 362; 3 UST, p. 476 and TIAS 2406.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 559

December 23, 1947

Excellency:

I have the honor to inform Your Excellency that I have been instructed by my Government, pending consideration of the transfer to the Government of the Republic of the Philippines of right or title to, or interest in, those certain parcels of land included in Fort William McKinley Military Reservation (Nichols Field) which have been determined to be currently in excess to military requirements of the United States and which are contemplated for utilization as an international airport, to authorize the Philippine Government to enter into temporary use and custody of the area in question.

The metes-and-bounds description of the area so released to Philippine use and custody is set forth in Annex I hereto, whereas Annex II, a map of Nichols Field, scale 1:4800, November 12, 1947, shows the boundaries in relation to Nichols Field as a whole.

In communicating the foregoing to Your Excellency, I am instructed to recall the last sentence of the first paragraph of my note No. 115 of October 12, 1947 on the subject of the transfer of Corregidor and Pettit Barracks, stating:

"In the near future I shall approach Your Excellency with a view to entering into agreements for the transfer of other reservations and the simultaneous settlement of numerous outstanding questions arising from the use, for military purposes, of private and public lands of the Philippines and of the United States during the present war."

In respect to installations on the area whose release, temporarily, to Philippine use and custody has been authorized, I am instructed by my Government to say that this action may not be taken to prejudice the right of the United States to determine whether, on later transfer of right or title to, or interest in, the said area, such installations shall be therewith transferred to the Philippine Government as surplus property or as appurtenances to the land. Further, Your Excellency's acceptance is requested of the understanding that the condition of the airfield and installations on the date of later transfer of right or title, or interest in, the area shall be considered as having been their condition on the date on which temporary use and custody were assumed by the Philippine Government. It is nevertheless understood that the Philippine Government may make such improvements and alterations to the premises and installations thereon as may be required for their adaption to usage as an international commercial airport.

For the facilitation of Philippine operations, I have been assured by the Philippine-Ryukyus Command that water will be supplied to the responsible Philippine authority for so long as that Command remains in the area, but will be limited to existing systems and to quantities which are excess to the requirements of the Command, it being understood that the Philippine Government is to be charged for water so supplied. Further, electric power will be supplied to the Philippine Government by Philippine-Ryukyus Command facilities until that Government establishes its own generating plant or arranges to obtain electric power from other sources, it being understood, however, that assurances of power supply from United States Army sources may not be extended beyond February 28, 1948. Electric power so supplied shall be limited to existing systems and to amounts which are in excess of United States requirements and shall be charged to the Philippine Government.

As a consideration of the release of the aforementioned excess portion of Nichols Field to the temporary use and custody of the Philippine Government, my Government requests understanding and agreement by Your Excellency to the following:

(1) Such supplies, personal property, stocks, goods, wares and merchandise as remain in certain areas within the tract of land which is the subject of the present release shall remain the property of the United States of America and the transfer thereof to the Philippine Government may be effected only by separate and specific agreement. Areas containing such property are outlined in red crayon and lettered "Temporary use only" on the map of the tract included herewith as Annex II. The United States reserves for itself the temporary use, occupancy and right of entry into such areas as may be necessary and reasonable in order to provide security and to exercise control over and to remove such property. On its part, the United States agrees to take reasonable steps to expedite the disposition of such property by removal thereof or by transfer to the Republic of the Philippines and consents that its right to use, occupy and to have access to such areas shall cease upon the removal or transfer of the property as described;

(2) The United States of America reserves the right to free use of certain improvements and facilities within the subject tract consisting o£ water, sewage and electric power lines serving the excepted areas referred to in " (1)" above, together with the right of easement and entry for the purpose of inspecting, repairing and maintaining such lines;

(3) The United States of America reserves the right to use of the access road through the subject portion of Nichols Field to the Army Graves Registration Service installation, as marked in red crayon "Temporary use only" on Annex II;

(4) The United States of America reserves certain operational rights in regard to the aircraft runway and airport facilities situated within the subject tract, i.e., the right to land and take-off aircraft, both military and non-military, with the understanding that such aircraft, together with their crews and passengers, shall be accorded the courtesies of the airport, including communications, navigational, weather-information, parking and servicing facilities. The United States, on its part, undertakes to control and to restrict such use of the facilities of the international airport to those reasonably necessary for the conduct of its operations. No payment of tolls, fees or charges shall be exacted by the Philippine Government from the United States Government for the usage of the airport and its facilities by the latter Government; and no advance notices of intention to land or to take-off or clearances, diplomatic or other (except for the usual traffic clearances and landing and take-off instructions) shall be required other than as provided for in respect to United States aircraft under treaties or agreements between the two Governments then current pertaining to operations into and out of United States military bases in the Philippines.

(5) The Government of the Republic of the Philippines undertakes to maintain flight operations and facilities at the present locations and on the level of present standards,

(6) The United States of America shall be permitted to have free access into and egress from the areas and facilities excepted herein, over the usual routes by land, sea and air and over such additional routes as may be agreed upon in the future.

I am authorized to inform Your Excellency that an acknowledgment of the receipt of this note stating that the terms, stipulations and conditions set forth therein are agreeable to the Philippine Government will be considered by the Government of the United States of America as constituting acceptance by the Government of the Republic of the Philippines of the temporary use and custody of the tract described in the second paragraph hereof and of the installations thereon.

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

EMMET O'NEAL

Attachments:

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS

Manila, December 24, 1947

Excellency:

I have the honor to acknowledge the receipt of your note No. 599 of December 23, 1947, transferring to the Philippine Government the use and custody of certain parcels of land included in Fort William McKinley Military Reservation, known as Nichols Field, and the installations thereon, for utilization in connection with the operation of an international airport, and to state that my Government accepts the transfer under the terms, stipulations and conditions set forth in your note.

It is the understanding of my Government, however, that this transfer is a further implementation of the transfer and surrender of possession, supervision, control, and sovereignty of Philippine territory already made by the United States in favor of the Philippines in the Treaty of General Relations (including the Protocol thereto) between the Republic of the Philippines and the United States of America, signed on July 4, 1946, and of the understanding effected by the exchange of notes by our governments on October 12, 1947, in connection with the transfer of Corregidor and Pettit Barracks.

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

ELPIDIO QUIRINO

His Excellency EMMET O'NEAL
American Ambassador
United States Embassy
Manila