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Treaty of Friendship between the United States of America and the Republic of Kiribati [1979] PITSE 6 (20 September 1979)

TREATY OF FRIENDSHIP BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF KIRIBATI

(Tarawa, 20 September 1979)

ENTRY INTO FORCE: 20 SEPTEMBER 1983

THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF KIRIBATI,

DESIROUS of maintaining the bonds of peace and friendship traditionally existing between the people of the United States and the people of Kiribati;

ACKNOWLEDGING that the United States has hitherto claimed sovereignty over the islands of Canton (Kanton), Enderbury, Hull (Orona), Birnie, Gardner (Nikumaroro), Phoenix (Rawaki), Sydney (Manra), McKean, Christmas (Kiritimati), Caroline, Starbuck, Malden, Flint, and Vostok; Conscious of their mutual interest in a stable and peaceful Pacific;

HAVE AGREED AS FOLLOWS:

Article 1

The Government of the United States recognizes the sovereignty of Kiribati over the islands of Kiribati named in the preamble as a part of the territory of the sovereign Republic of Kiribati.

Article 2

The two Governments, in the spirit of friendship existing between them, shall consult together on matters of mutual concern and interest in time of need, and, in particular, to promote social and economic development, peace, and security in the Pacific region. Any military use by third parties of the islands named in the preamble shall be the subject of such consultation.

Article 3

Any future use by the Government of the United States of facilities constructed by it on Canton (Kanton), Enderbury, and Hull (Orona) shall be in accordance with agreements to be negotiated between the two Governments. The Government of Kiribati agrees that these facilities shall not be made available to third parties for military purposes except with the agreement of the Government of the United States.

Article 4

The two Governments recognize the interest of their peoples in close cooperation for their mutual benefit in economic development relating to fisheries off their coasts. The two Governments agree to consult directly, and/or through appropriate regional organizations to which both parties, regarding matters relating to the conservation, management, and utilization of fisheries of mutual interest. They agree also to encourage and facilitate cooperative arrangements and fishing ventures of mutual interest and benefit. For the purpose of entering into such arrangements the two Governments shall promote discussions between their nationals and appropriate governmental entities.

Article 5

The Governments of the United States and Kiribati will use their best efforts to encourage cooperation between the two countries in protecting the unique natural and cultural resources of Kiribati, and, for their mutual benefit, to encourage and facilitate scientific research activities and cultural exchanges.

Article 6

The Governments of the United States and Kiribati agree to encourage joint utilization of facilities constructed by the United States on Canton (Kanton) for the mutual benefit of their nationals and/or appropriate governmental entities.

Article 7

(a) This Treaty shall be subject to ratification by the parties and shall enter into force on the date of the exchange of instruments of ratification.

(b) This Treaty shall remain in force for ten years and shall thereafter be subject to termination by either party upon six months notice; provided, however, that Article 1 of this Treaty shall not be subject to termination.

DONE in duplicate, in the English and Kiribati languages of which the English shall be the authentic text, at Tarawa, this 20th day of September, 1979.

AGREED MINUTE

In the spirit of the Treaty of Friendship signed today by the Government of the United States of America and the Government of the Republic of Kiribati, and in particular Article 4, the Government of Kiribati assures the Government of the United States that application by the United States flag vessels or vessels supplying canneries in American Samoa for licenses to fish within Kiribati fishery limits will be sympathetically considered without discrimination and without regard to fishing method.

Conservation measures of the Government of Kiribati would have to be observed.

The Government of Kiribati further advises the Government of the United States that it is the current policy of the Government of Kiribati not to grant exclusive licenses.

Treaty, with agreed minute, signed at Tarawa September 20, 1979;

Transmitted by the President of the United States of America to the Senate January 24, 1980;

Reported favorably by the Senate Committee on Foreign Relations March 21, 1983;

Advise and consent to ratification by the Senate June 21, 1983;

Ratified by the President August 16, 1983;

Ratified by Kiribati September 20, 1983;

Ratifications exchanged at Suva, Fiji September 23, 1983;

Proclaimed by the President November 17, 1983;

Entered into force September 23, 1983.