811.0141 Phoenix Group/105½

The British Ambassador (Lindsay) to the Secretary of State

No. 448

Sir: With reference to the discussions which have for some time past been proceeding between the United States Government and His Majesty’s Government in the United Kingdom regarding the future status of Canton and Enderbury Islands and with particular reference to the joint communiqué issued by the two governments on the 11th August last, I have the honour under instructions from His Majesty’s Principal Secretary of State for Foreign Affairs to submit to you herewith draft copies of the notes which it is proposed that His Majesty’s Government should exchange with the United States Government for the purpose of defining the manner in which Canton and Enderbury Islands are in future to be administered.

I should be grateful to learn in due course whether the terms of this draft exchange of notes are agreeable to the Government of the United States.

I have [etc.]

R. C. Lindsay
[Enclosure 1]

Note From the United States Government to the British Ambassador in Washington

Excellency: With reference to recent correspondence between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Canton and Enderbury Islands in the South Pacific Ocean, I have the honour to propose an Agreement concerning these islands in the terms of the following Articles:—

Article I

The Government of the United States and the Government of the United Kingdom, without prejudice to their respective claims to Canton and Enderbury Islands, agree to set up a joint control over these islands.

Article II

The islands shall, during the period of joint control, be administered by a United States and a British official appointed by their respective Governments. The manner in which these two officials shall exercise the powers of administration reserved to them under this Article shall be determined by the two Governments in consultation as occasion may require.

[Page 117]

Article III

The Islands shall, during the period of joint control, be subject to a special joint ad hoc régime the details of which shall be determined by the two Governments in consultation from time to time.

Article IV

The islands shall be available for use as air ports for international aviation and communications, but only civil aviation companies incorporated in the United States of America or in any part of the British Commonwealth of Nations shall be permitted to use them for the purpose of scheduled air services.

Article V

The use of any part of either of the islands for aviation or any other purpose shall be the subject of agreement between the two Governments.

Article VI

An air port may be constructed in Canton Island by Pan-American Airways who, in return for an agreed fee, shall provide facilities for British aircraft and British civil aviation companies equal to those enjoyed by United States aircraft and by Pan-American Airways. In case of dispute as to fees, or the conditions of use by British aircraft or by British civil aviation companies, the matter shall be settled by arbitration. Pan-American Airways shall pay a rent of . . . . . per annum to each of the two Governments.

Article VII

The joint control hereby set up shall have a duration of fifty years from this day’s date. If no agreement to the contrary is reached before the expiry of that period the joint control shall continue thereafter until such time as it may be modified or terminated by the mutual consent of the two Governments.

2. I have the honour to suggest that if an Agreement in the sense of the foregoing Articles is acceptable to the Government of the United Kingdom this Note and Your Excellency’s reply thereto in similar terms shall be regarded as placing on record the understanding arrived at between the two Governments concerning this matter.

[Enclosure 2]

Reply From British Ambassador

Sir: I have the honour to refer to your Note of this day’s date Proposing an Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government [Page 118] of the United States of America on the subject of Canton and Enderbury Islands in the terms of the following Articles:—

[Here follows text of articles set forth in draft note from the United States Government printed supra.]