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Pine Gap: Changes to the Treaty 1988 (The Joint Defence Space Research Facility) |
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DEPARTMENT OF FOREIGN AFFAIRS AND TRADE Exchange of Notes constituting an Agreement between the Government of Australia and the Government of the United States of America amending the Agreement on the Establishment of a Joint Space Research Facility of 9 December 1966, as amended [Pine Gap] (Canberra, 16 November 1988) Entry into force: 16 November 1988 AUSTRALIAN TREATY SERIES 1988 No. 36 ------------------------------------------------------ [Note from the Australian Minister for Foreign Affairs and Trade
to the American Ambassador, Canberra] I
16 November 1988 His Excellency Mr L W Lane Jnr Your Excellency, I have the honour to refer to the Agreement between the Government of Australia and the Government of the United States of America relating to the establishment of a Joint Defence Space Research Facility done at Canberra on 9 December 1966[1] and the Exchange of Notes between the Government of Australia and the Government of the United States of America of 19 October 1977[2] amending the Agreement. The Government of Australia proposes that in future the facility shall be known as "the Joint Defence Facility, Pine Gap" and that this be reflected in the title and preamble and throughout the Agreement and the Exchange of Notes referred to above, and in all references to the facility by either Government. To this end the Australian Government proposes the deletion of the words "space research" from the title and the fifth paragraph of the preamble, and the insertion of the words "at Pine Gap" after the word "facility" on both occasions. The title would thus read as follows: "AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA RELATING TO THE ESTABLISHMENT OF A JOINT DEFENCE FACILITY AT PINE GAP". The fifth paragraph of the preamble would thus read as follows: "CONSIDERING that the establishment, maintenance and operation of a joint United States-Australia defence facility at Pine Gap in Australia will materially contribute to that end;". With reference to Article 1 the Australian Government proposes that the words "a facility for general defence research in the space field (in this Agreement called 'the facility')" be deleted, and be replaced by the words "a joint defence facility for intelligence purposes (in this Agreement called 'the facility')". Article 1 would thus read as follows: "In accordance with the terms and conditions set forth in this Agreement, the Australian Government and the United States Government shall establish, maintain and operate in Australia a joint defence facility for intelligence purposes (in this Agreement called 'the facility').". With reference to Article 3 of the Agreement, the Government of Australia proposes the deletion from that Article of the words "research programs conducted at the". Article 3 would thus read as follows: "The facility shall be established, maintained and operated by the co-operating agencies of the two Governments, and information derived from the facility shall be shared by the two Governments. These agencies are the Australian Department of Defence and the United States Department of Defense.". The Government of Australia proposes that the Agreement be extended for a period of ten years from the date of this amending Agreement and thereafter remain in force until terminated. The Government of Australia further proposes that after this extension has been in force for a period of seven years, either Government may at any time notify the other in writing that it desires to terminate the Agreement in which event the Agreement shall terminate three years after such notice has been given. I have the honour to suggest that, if the foregoing proposals are acceptable to the Government of the United States, this Note and your confirmatory reply thereto shall together constitute and evidence an Agreement between our two Governments concerning this matter which shall enter into force on the date of your reply.[3] Accept, Your Excellency, the renewed assurances of my highest consideration. [Signed:] GARETH EVANS ------------------------------------------------------------------------ [Note from the American Ambassador, Canberra, to the Australian Minister for Foreign Affairs and Trade] II
16 November 1988 Note No. 95 Senator the Honourable Gareth Evans QC Excellency I have the honor to refer to your Note of 16 November 1988 regarding the Agreement between the Government of Australia and the Government of the United States of America relating to the establishment of a Joint Defence Space Research Facility done at Canberra on 9 December 1966 which reads as follows: [Here follows text as printed under I.] I have the honor to confirm that the Government of the United States of America accepts the proposals contained in Your Excellency's Note, and that your Note and this reply shall together constitute and evidence an Agreement between our two Governments concerning this matter which shall enter into force on the date of this reply. Accept, Excellency, the renewed assurances of my highest consideration. [Signed:] L W LANE JR. [1]ATS 1966 No. 17 UNTS 607 p. 83. |