the Government of any of His Majesty's self-governing Dominions or of India, or by British nationals resident therein, and (2) Claims on behalf of either Government or its nationals for the release of property held by Custodians of Enemy Property in Great Britain and Northern Ireland and all British Colonies and Protectorates. and by the Alien Property Custodian or the Treasurer of the United States. I am authorized to inform you that the foregoing arrangement is acceptable to His Majesty's Government in Great Britain and I hereby convey their acceptance thereof in acknowledgment of that contained in your note on behalf of the Government of the United States. The understanding is therefore regarded as having been completed and the arrangement as having come into force. In order to obviate the possibility of future misunderstanding as to the purpose or interpretation of the arrangement, I am directed to state that His Majesty's Government in Great Britain regard it not as a financial settlement but as the friendly composition of conflicting points of view which seemed to lend themselves to no other form of adjustment. It is my understanding, in these circumstances, that the present agreement will be construed by both Governments with full regard for the equities of all parties concerned. By the terms of the agreement His Majesty's Government in Great Britain waive their right to receive a net cash payment on account of certain claims recognised by the United States as just and proper, and also their right to press certain other claims, liability for which has not been formally admitted by the Government of the United States. It is understood that the Government of the United States will regard the net amount saved to it through the above mentioned waiver by His Majesty's Government of outstanding claims against the Government of the United States as intended for the satisfaction of those claims of American nationals falling within the scope of paragraph (2) of Article I of the agreement which the Government of the United States regards as meritorious and in which the claimants have exhausted their legal remedies in British courts, in which no legal remedy is open to them or in respect of which, for other reasons, the equitable construction of the present agreement calls for a settlement. I take note with satisfaction of your assurance that the Government of the United States will recommend such action by Congress as will ensure the utilization for the purpose just mentioned of the sums saved to the United States under the provisions of the present agreement and that it will also safeguard His Majesty's Government in Great Britain against possible double liability by exacting an assignment to the Government of the United States of all of a claimant's rights and interests in the claim in question as a condition precedent to the allowance of any compensation in respect thereof. Furthermore, since it appears that British subjects with claims against the Government of the United States which do not fall within the scope of the agreement above quoted do not enjoy rights of access to American judicial or administrative tribunals as complete or effective as are enjoyed in similar cases by American citizens seeking remedy against His Majesty's Government in Great Britain, it is understood that the Government of the United States extends to British claimants whose claims are not covered by the agreement above quoted, the assurance contained in paragraph (2) of Article I of the said agreement, that is to say, that the Government of the United States will use its best endeavours to secure to British nationals the same rights and remedies as may be enjoyed by its own nationals in similar circumstances and that in such cases the Department of State will give active support to a request to the Congress for appropriate remedial legislation. I have the honour to be, with the highest consideration, Sir, The Honourable Frank B. Kellogg, (Signed) Esme Howard. Secretary of State of the United States, Washington, D. C. 1930 CONVENTION DELIMITING THE BOUNDARY BETWEEN THE PHILIPPINE ARCHIPELAGO AND THE STATE OF NORTH BORNEO Signed at Washington, January 2, 1930; Ratification advised by the Senate of the United States, February 11, 1930 (legislative day of January 6, 1930); ratified by the President of the United States, February 21, 1930; ratified by Great Britain, November 2, 1932; ratifications exchanged at Washington, December 13, 1932; proclaimed by the President of the United States, December 15, 1932; also exchanges of notes regarding certain islands off the coast of Borneo (Treaty Series, No. 856; 47 Statutes at Large, 2198) The President of the United States of America and His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, Being desirous of delimiting definitely the boundary between the Philippine Archipelago (the territory acquired by the United States of America by virtue of the Treaties of December 10, 1898, and November 7, 1900, with Her Majesty the Queen Regent of Spain) and the State of North Borneo which is under British protection, Have resolved to conclude a Convention for that purpose and have appointed as their plenipotentiaries: The President of the United States of America, Henry L. Stimson, Secretary of State of the United States; and His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, For Great Britain and Northern Ireland: The Right Honorable Sir Esme Howard, G.C.B., G.C.M.G., C.V.O., His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington; Who, having communicated to each other their respective full powers found in good and due form have agreed upon and concluded the following Articles: ARTICLE I. It is hereby agreed and declared that the line separating the islands belonging to the Philippine Archipelago on the one hand and the islands belonging to the State of North Borneo which is under British protection on the other hand shall be and is hereby established as follows: From the point of intersection of the parallel of four degrees fortyfive minutes (4° 45′) north latitude and the meridian of longitude one hundred twenty degrees (120° 0') east of Greenwich, (being a point on the boundary defined by the Treaty between the United States of America and Spain signed at Paris, December 10, 1898), a line due south along the meridian of longitude one hundred twenty degrees (120° 0') east of Greenwich to its point of intersection with the parallel of four degrees twenty-three minutes (4° 23′) north latitude; thence due west along the parallel of four degrees twenty-three minutes (4° 23′) north latitude to its intersection with the meridian of longitude one hundred nineteen degrees (119° 0') east of Greenwich: thence due north along the meridian of longitude one hundred nineteen degrees (119° 0') east of Greenwich to its intersection with the parallel of four degrees forty-two minutes (4° 42') north latitude; thence in a straight line approximately 45° 54′ true (N 45° 54′ E) to the intersection of the parallel of five degrees sixteen minutes (5° 16′) north latitude and the meridian of longitude one hundred nineteen degrees thirty-five minutes (119° 35') east of Greenwich: thence in a straight line approximately 314° 19′ true (N 45° 41′ W} to the intersection of the parallel of six degrees (6° 0′) north latitude and the meridian of longitude one hundred eighteen degrees fifty minutes (118° 50′) east of Greenwich; thence due west along the parallel of six degrees (6° 0′) north latitude to its intersection with the meridian of longitude one hundred eighteen degrees twenty minutes (118° 20′) east of Greenwich; thence in a straight line approximately 307° 40′ true (N 52° 20′ W) passing between Little Bakkungaan Island and Great Bakkungaan Island to the intersection of the parallel of six degrees seventeen minutes (6° 17') north latitude and the meridian of longitude one hundred seventeen degrees fifty-eight minutes (117° 58') east of Greenwich; thence due north along the meridian of longitude one hundred seventeen degrees fifty-eight minutes (117° 58') east of Greenwich to its intersection with the parallel of six degrees fifty-two minutes (6° 52′) north latitude; thence in a straight line approximately 315° 16' true (N 44° 44′ W) to the intersection of the parallel of seven degrees twenty-four minutes forty-five seconds (7° 24′ 45'') north latitude with the meridian of longitude one hundred seventeen degrees twenty-five minutes thirty seconds (117° 25′ 30′′) east of Greenwich; thence in a straight line approximately 300° 56′ true (N 59° 4′ W) through the Mangsee Channel between Mangsee Great Reef and Mangsee Islands to the intersection of the parallel of seven degrees forty minutes (7° 40′) north latitude and the meridian of longitude one hundred seventeen degrees (117° 0') east of Greenwich, the latter point being on the boundary defined by the Treaty between the United States of America and Spain signed at Paris, December 10, 1898. ARTICLE II. The line described above has been indicated on Charts Nos. 4707 and 4720, published by the United States Coast and Geodetic Survey, corrected to July 24, 1929, portions of both charts so marked being attached to this treaty and made a part thereof. It is agreed that if more accurate surveying and mapping of North Borneo, the Philippine Islands, and intervening islands shall in the future show that the line described above does not pass between Little Bakkungaan and Great Bakkungaan Islands, substantially as indicated on Chart No. 4720, the boundary line shall be understood to be defined in that area as a line passing between Little Bakkungaan and Great Bakkungaan Islands as indicated on the chart, said portion of the line being a straight line approximately 307° 40′ true drawn from a point on the parallel of 6° 0' north latitude to a point on the meridian of longitude of 117° 58′ east of Greenwich. It is likewise agreed that if more accurate surveying and mapping shall show that the line described above does not pass between the Mangsee Islands and Mangsee Great Reef as indicated on Chart No. 4720, the boundary shall be understood to be defined in that area as a straight line drawn from the intersection of the parallel of 7° 24′ 45′′ north latitude and the meridian of longitude of 117° 25′ 30′′ east of Greenwich, passing through Mangsee Channel as indicated on attached Chart No. 4720 to a point on the parallel of 7° 40′ north latitude. ARTICLE III. All islands to the north and east of the said line and all islands and rocks traversed by the said line, should there be any such, shall belong to the Philippine Archipelago and all islands to the south and west of the said line shall belong to the State of North Borneo. ARTICLE IV. The provisions of Article 19 of the Treaty between the United States of America, the British Empire, France, Italy, and Japan limiting naval armament, signed at Washington on February 6, 1922, shall, so long as that Treaty remains in force, apply in respect of all islands in the Turtle and Mangsee Groups which are or may be deemed to be comprised within the territories of the Philippine Archipelago on the one hand and of the State of North Borneo on the other hand in consequence of the establishment of the line fixed by the preceding articles of the present Convention. In the event of either High Contracting Party ceding, selling, leasing or transferring any of the islands in question to a third party provision shall be made for the continued application to such island of the aforementioned Article 19 of the Treaty between the United States of America, the British Empire, France, Italy and Japan limiting naval armament, signed at Washington on February 6, 1922, provided that Treaty is still in force at the time of such cession, sale, lease or transfer. ARTICLE V. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and shall come into force on the exchange of the acts of ratification which shall take place at Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their respective seals. Done in duplicate at Washington the second day of January in the year of our Lord one thousand nine hundred and thirty. (Signed) Henry L Stimson. Esme Howard. [EXCHANGES OF NOTES REGARDING CERTAIN ISLANDS OFF THE COAST OF BORNEO] The British Ambassador (Howard) to the Secretary of State No. 679 (Stimson) BRITISH EMBASSY, Washington, D. C. 2nd January, 1930. Sir, By the convention concluded between the President of the United States of America and His Britannic Majesty for the purpose of delimiting the boundary between the Philippine archipelago on the one hand and the State of North Borneo which is under British protection on the other hand, the sovereignty over certain islands which have for many years past been administered by the British North Borneo Company has been definitely recognized as pertaining to the United States of America. These islands which formed the subject of the arrangement effected by an exchange of notes between His Majesty's Government and the United States Government on July 3rd and July 10th, 1907, are: 1. Sibaung, Boaan, Lihiman, Langaan, Great Bakkungaan, Taganak, and Baguan in the group of islands known as the Turtle Islands. 2. The Mangsee Islands. His Majesty's Government in the United Kingdom understand that the Government of the United States of America are prepared to conclude an arrangement in regard to these islands, supplementary to the above-mentioned convention, in the following terms: Firstly. That the said company be left undisturbed in the administration of the islands in question unless or until the United States Government give notice to His Majesty's Government of their desire that the administration of the islands should be transferred to them. The transfer of administration shall be effected within one year after such notice is given on a day and in a manner to be mutually arranged. Secondly. That when the administration of any island is transferred in accordance with the foregoing the said Company will deliver to the United States Government all records relating to administration prior to the date of transfer. Thirdly. The United States of America shall not be responsible for the value of any buildings which have been or may be erected or other permanent improvements which have been or may be made in |