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October 14, 1947

Note: This Agreement entered into force on October 14, 1947.

Reference: This Agreement is also published in 185 UNTS, p. 348. 3 UST, p. 466 and TIAS 2406.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

October 3, 1947

No. 88

Excellency:

I have the honor to inform Your Excellency that the Commanding Officer of the Clark Field Military Reservation has found that it would facilitate the operation of the base, and be a convenience to the personnel stationed therein, if he could authorize the establishment, within the base, of a branch o£ an American bank designated as a United States Government depository. I am informed that after consultations between the Secretary of Finance of Your Excellency's Government and officers of the National City Bank of New York agreement has been reached as to the organization and operation of such a branch bank should its establishment be approved by the Governments of the United States and of the Philippines, and I have been authorized by my Government to propose to Your Excellency an agreement, under the provisions of Article XIX of the Agreement Concerning Military Bases of March 14, 1947, to authorize the establishment within the Clark Field Military Reservation of a sub-branch of the Manila Branch of the National City Bank of New York.

My Government's authorization is based on its understanding that the proposed institution will be a sub-branch of the Manila branch; that its operations will be controlled by and accounted for to the Manila branch; that its books will be kept at the Manila branch where they will be subject to inspection by the competent authorities of the Philippine Government; that checks drawn against deposits in the sub-branch will be subject to stamp tax at the same rate as that applying to checks against deposits in the Manila Branch; that inspectors of the Philippine Government, when required to do so in the performance of their official duties, will be permitted to enter the base in order to visit the sub-branch; and that the facilities of the sub-branch will be made available only to the Government of the United States, its agencies and officers and employees, to members of the armed forces of the United States, and to other persons or organizations authorized under applicable provisions of the Agreement Concerning Military Bases to reside or transact business within a United States Military Base.

If the foregoing proposal should meet with Your Excellency's approval, I have the honor to suggest that this note and Your Excellency's affirmative reply be considered as constituting an agreement, as contemplated in Article XIX of the Agreement Concerning Military Bases.
Accept, Excellency, the renewed assurances of my highest consideration.

	EMMET O'NEAL
His Excellency ELPIDIO QUIRINO
Secretary of Foreign Affairs for the
Republic of the Philippines

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS

Manila, October 14, 1947

Excellency:

I have the honor to inform that as proposed in Your Excellency's letter of October 3, 1947, my Government approves the establishment of a sub-branch of the Manila Branch of the National City Bank of New York within the Clark Field Military Reservation subject to the following terms and conditions, to wit:

1. That the proposed institution will be a sub-branch of the Manila Branch of the National City Bank of New York;

2. That its operations will be controlled by and accounted for in the Manila Branch;

3. That its books of accounts, records and other documents will be kept at the Manila Branch where they will be subject to inspection by competent authorities of the Philippine Government;

4. That checks drawn against deposits in the sub-branch will be subject to documentary stamp tax at the same rate as that applying to checks against deposits in the Manila Branch and that it shall pay such other taxes as are required by law; and,

5. That inspectors of the Philippine Government, when required to do so in the performance of their official duties, will be permitted to enter the said base and look into the operations of the sub-branch.

It is my Government's understanding that this authorization is being granted pursuant to Article XIX o£ the Agreement Concerning Military Bases of March 14, 1947, subject, of course, to the terms and conditions hereinabove prescribed. Article XVIII, therefore, of the said Agreement cannot, in this particular case, be considered to apply insofar as it may be construed to grant to the proposed sub-branch immunity from such inspection by competent authorities of my Government as is now agreed upon and herein prescribed.

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

	ELPIDIO QUIRINO
His Excellency EMMET O'NEAL
United States Ambassador
Manila

Exchange of notes constituting an agreement between the Philippines and the United States of America relating to the transfer by the Government of the United States of America to the Government of the Philippines of the Mariveles Quarantine Reservation (Station). Manila, 18 and 19 December 1947.

Registered by the United States of America on 1 February 1954.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 526

December 18, 1947

Excellency:

I have the honor to refer to the Act of Congress of the United States of America approved March 24, 1934, more commonly referred to as the Philippine Independence Act; to the Joint Resolution of the Congress of the United States of America, approved June 29, 1944 (Public Law No. 380, 78th Congress), which authorized the President of the United States to withhold or to acquire or to retain such bases as he might deem necessary for the mutual protection of the United States of America and of the Philippines; to the Joint Resolution No. 4 of the Congress of the Philippines, approved July 28, 1945, which authorized the President of the Philippines to enter into negotiations for the establishment of such bases; to the Act of the Congress of the United States of America, approved July 3, 1946 (Public Law No. 485, 79th Congress), more commonly known as the Philippine Property Act; to the Treaty of General Relations (including the Protocol thereto) between the United States of America and the Republic of the Philippines, signed at Manila on July 4, 1946, to the Agreement Between the United States and the Republic of the Philippines Concerning Military Bases, signed at Manila on March 14, 1947, to Executive Order No. 4112 of the President of the United States dated December 16, 1924 which, in enlarging the Mariveles Military Reservation, omitted to exclude therefore the area which had come to be regarded as having been reserved for the Mariveles Quarantine Station: a

As a consideration of the transfer of the aforementioned property, the United States requests that the Republic of the Philippines remise, release, forever discharge and agree by specific undertaking to hold harmless and free the United States of America, its agents, and its nationals from any and all manner of liability, actions, and claims against them which the Republic of the Philippines or any real or artificial person therein may ever have for any cause arising directly or indirectly out of the ownership or occupancy thereof by the United States of America.

My Government further requests that, in accepting right, title and possession of the aforesaid property, Your Excellency's Government give assurance that the United States Public Health Service, while engaged in activities in the Philippines by agreement with the Philippine Government, may use, rent free, for official purposes such space within the said property as may be necessary for the proper performance of its duties and as may be selected by mutual agreement between the United States Public Health Service and the competent Philippine authorities.

I am authorized by my Government to inform Your Excellency that an acknowledgment of this note containing the assurances of the Philippine Government that the terms and conditions hereinbefore set forth are acceptable and acceding to the requests made in the paragraphs immediately preceding will be considered by the Government of the United States of America as constituting an agreement for the transfer to the Government of the Republic of the Philippines of all right and title to, and possession of, Lhat portion of the Mariveles Military Reservation which has commonly come to be known as the Mariveles Quarantine Reservation (Station) and as evidence that such transfer has, on the date of Your Excellency's note of such acknowledgment, been fully accomplished.

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

	EMMET O'NEAL
His Excellency ELPIDIO QUIRINO
Secretary of Foreign Affairs for the
Republic of the Philippines

Annex I to Note No. 526 of December IS, 1947, of the Ambassador of the United States of America to the Secretary of Foreign Affairs of the Republic of the Philippines.

WAR DEPARTMENT

Washington, April 27, 1904

By Executive order, dated March 14, 1904, published in General Orders, No. 56, War Department, March 25, 1904, the military reservation, made by Executive order of April 11, 1902, on the north side of the entrance to Manila Bay, in the province of Bataan, Luzon (the Mariveles Reservation), was reduced so as to exclude, inter alia, the lands occupied by the Treasury Department for quarantine purposes. The Secretary of the Treasury was advised of this reduction, and in accompanying letter, dated April 22, 1904, he requests that such action be taken as may be necessary to secure the lands hereinafter described for the use of a quarantine station under the Treasury Department.

I have the honor, therefore, to recommend the reservation for the Mariveles Quarantine Station, situated on the north side of the entrance to Manila Bay, in he province of Bataan, Luzon, of all lands included within boundaries described as follows, viz:

"Beginning at a point on the low-water line of Mariveles Bay, on prolongation of the northeastern boundary line of quarantine station, as now enclosed by barbed wire fence, and running thence north 70°05' west a distance of 185 feet more or less to the northeastern corner of said wire fence; thence along said wire fence north 72°05' west a distance of 187 feet to corner; thence along fence north 36°23' west a distance of 166.67 feet to corner; thence along fence south 30°07, west a distance of 106.25 feet to corner; thence along fence south 71°07' west a distance of 90.58 feet to corner; thence along fence south 21°07' west a distance of 644-1 feet to corner; thence along fence south 20°29' east a distance of 71.75 feet to corner; thence north 88°07' east a distance of 29.25 feet to a stake set 3.33 feet from wire fence; thence due south across Pucot River and peninsula to a point at low-water on the China Sea; thence along said low-water line in a general southeasterly direction to Cochinos Point; thence in a general north westerly direction along low-water line of Mariveles Bay to mouth of Pucot River; thence across mouth of said river and along low- water line of Mariveles Bay in a general northerly direction to point of starting."

There is also reserved for the quarantine station the water rights for the maintenance of the present pipe and reservoir which furnish fresh water to said station, with perpetual easement over lands not included in the quarantine or military reservation for their maintenance and repair, so far as such rights do not pertain to the reduced military reservation.

 

Very respectfully,
	ROBERT SHAW OLIVER
	Acting Secretary of War
The President

White House, April 29, 1904

The within recommendation is approved, and the reservation is made accordingly.

T. ROOSEVELT

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS

Manila, December 19, 1947

Excellency:

I have the honor to acknowledge the receipt of your note No. 526 of December 18, 1947, reading as follows:

[See note I]

In reply I have the honor to inform you that my Government hereby accepts the aforesaid transfer of the portion of the Mariveles Military Reservation commonly known as the Mariveles Quarantine Reservation (Station) as a formalization of the transfer and surrender of possession, supervision, control or sovereignty over that area already made by the United States of America in favor of the Republic 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 July 4, 1946, and agrees:

1. To remise, release, forever discharge and agree by specific undertaking to hold harmless and free the United States of America, its agents and its nationals from any and all manner of liability, actions and claims against them which the Republic of the Philippines or any real or artificial person therein may ever have for any cause arising directly or indirectly out of the ownership or occupancy by the United States of America of that portion of the Mariveles Military Reservation which is commonly known as the Mariveles Quarantine Reservation (Station);

2. To permit the United States Public Health Service to use, rent free, such space within the aforesaid area as may be needed for official purposes and as may be selected by mutual agreement of the competent officers of the respective Governments for so long as that Service may be engaged in activities in the Philippines with the consent of the Government of the Republic of the Philippines.

I am authorized to inform you that the Government of the Republic of the Philippines considers your note No. 526 of December 18, 1947, and this reply as the transfer to the Government of the Republic of the Philippines of all right and title to, and possession of, that portion of the Mariveles Military Reservation which is commonly known as the Mariveles Quarantine Reservation (Station) and as recording the fact that such transfer has on this 19th day of December, 1947, been fully accomplished.

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

	ELPIDIO QUIRINO
His Excellency EMMET O'NEAL
Ambassador of the United States of America
Manila