Treaty (26 August 1966)

August 26, 1966

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

BETWEEN THE UNITED STATES OF AMERICA AND THE

PHILIPPINES CONCERNING THE INSTALLATION AND

OPERATION OF A PETROLEUM PRODUCTS PIPELINE FOR

DEFENSE PURPOSES

Agreement effected by exchange of notes

Signed at Manila 26 August 1966;

Entered into force 26 August 1966.

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA AND THE PHILIPPINES

CONCERNING THE INSTALLATION AND OPERATION OF A

PETROLEUM PRODUCTS PIPELINE FOR DEFENSE PURPOSES

The American Ambassador to the Philippine Secretary of Foreign Affairs

No. 154

Manila, August 26, 1966

Excellency:

I have the honor to refer to the Embassy's Note No. 828 dated April 6, 1966, and to

the Department of Foreign Affairs' Note 12221 dated June 8, 1966, and to

discussions between representatives of our two Governments concerning the

immediate installation and operation by the United States Government of a

petroleum products pipeline from Subic Bay Naval Reservation through Basa Air

Base to Clark Air Force Base, as an urgent and important requirement to serve the

mutual defense and security interests of our two Governments, pursuant to Article

III, subparagraph 2 (d) of the United States-Philippine Military Bases Agreement of

[1]

1947, and to propose that the following terms and conditions govern the

installation, operation and maintenance of the pipeline:

1. The Philippine Government grants and assures to the U.S. Government full rights

of access and use of the land or interest in land required for the installation,

operation and maintenance of a petroleum products pipeline from Subic Bay Naval

Reservation, through Basa Air Base, to Clark Air Force Base. This includes the free

and unobstructed use of rights-of-way along and through public roads and highways

or other public lands and authority to enter, occupy and use rights-of-way on or over

private lands for the purposes of this agreement. The route of the pipeline will

follow generally the national highways from Subic Bay Naval Reservation by way

of Dinalupihan, Bataan, Basa Air Base, Porac and Angeles City, Pampanga, to Clark

Air Force Base.2. The United States authorities shall furnish detailed plans showing the

specifications and route of the pipeline and the timetable of its installation in specific

areas to the appropriate authorities of the Philippine Government.

3. The United States Government agrees that in the installation of the pipeline,

account shall be taken of the possibility of moving petroleum products through the

pipeline to Basa Air Base for the benefit of the Philippine Air Force in accordance

with arrangements to be agreed upon by the Philippines-United States Mutual

Defense Board.

4. Where necessary, land or interests in land required for the installation, operation

and maintenance of the pipeline and appurtenances will be acquired by the

Philippine Government. The United States Government agrees to reimburse the

Philippine Government for all reasonable expenses incurred in connection with such

acquisition. The land or interests in land thus acquired shall be titled in the

Philippine Government and the land along the route of the pipeline already titled in

the Philippine Government or any agency thereof shall remain so titled as long as

the present agreement remains in effect.

5. Whenever it is necessary to acquire by condemnation or expropriation

proceedings interests in real property belonging to any private person, association or

corporation, it shall be carried out according to the procedure set forth in Article

XXII of the Military Bases Agreement of 1947.

6. The United States Government agrees that there will be no interference in the

public use of the public roads and highways along which much of the pipeline will

be installed, except to the extent necessary for the installation, operation and

maintenance of the pipeline. The Philippine Government may require relocation of

any portion of or appurtenances to the pipeline for necessary public works purposes

where such relocation will not interfere with or impede essential military operations

or maintenance of the pipeline and under such terms and conditions as may be

agreed upon by the appropriate authorities of the two Governments. Such relocation

will be accomplished by the United States Government at its own expense.

7. Appropriate authorities and agencies of the two Governments will cooperate and

mutually assist each other in all aspects of the installation, operation, maintenance

and security of the pipeline, including the removal of obstructions along the rights-

of-way followed by the pipeline along public roads and highways and the

acquisition of rights of access and use across and through privately owned lands.

8. The pipeline shall not be utilized for any private or commercial purpose, or for

other than defense purposes, without the prior approval of the Philippine

Government. In accordance with the spirit of Article XXV of the Military Bases

Agreement of 1947 the United States shall not transfer its rights and interests in the

pipeline to any third power or to any private person, entity, or commercial concern

without the prior consent of the Philippine Government.

9. Upon termination of this agreement pursuant to paragraph 11, all rights and

interests of the United States in the pipeline shall, to the extent not covered in Article

XVII of the Military Bases Agreement of 1947, be the subject of discussions

between our two Governments.10. The provisions of the Military Bases Agreement of 1947, together with all

additions or amendments thereto, regarding taxes and duties will be applicable to the

present agreement.

11. Unless sooner terminated or extended by mutual agreement, the right of the

United States to operate and maintain the pipeline shall remain in effect during the

period of validity of the Military Bases Agreement, or any revision or replacement

thereof.

If the foregoing is acceptable to your Excellency's Government, I have the honor to

propose that this Note and your Excellency's reply indicating concurrence shall

constitute an agreement between our two Governments.

Accept Excellency, the renewed assurances of my highest consideration.

WILLIAM MCCORMICK BLAIR, JR.

His Excellency Narciso Ramos

Secretary of Foreign Affairs

Manila

II

The Philippine Secretary of Foreign Affairs to the American Ambassador

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

19419

Manila, August 26, 1966

Excellency:

I have the honor to acknowledge the receipt of your Note No. 154 of today's date

reading as follows:

[See note 1]

I have the honor to inform you that your above-quoted Note is acceptable to the Government of the Republic of the Philippines and that your above-quoted Note and this Note shall constitute an agreement between our two Governments. Accept, Excellency, the renewed assurances of my highest consideration.

NARCISO RAMOS

His Excellency William McCormick Blair, Jr. United States Ambassador Embassy of the United States of America Manila[1] 1 PTS 375; 1 PTS 443; 1 PTS 525; 1 PTS 699; 2 PTS 131; 3 PTS 65; 3 PTS 79; 3 PTS 133; 3 PTS 621; 4 PTS 5; 4 PTS 11; 4 PTS 795; 4 PTS 951; 4 PTS 1045; 4 PTS 1051.