Foreign Relations of the United States, 1951, The Near East and Africa, Volume V

711.56373/12–451

Draft Agreement Prepared in the Department of State ¹

[ Washington ,] October 19, 1951.

Agreement Between The Government of Libya and The Government of the United States of America

preamble

The Government of Libya and the Government of the United States of America, desiring to contribute to the maintenance of international peace and security in accordance with the principles of the Charter of the United Nations and being of the opinion that the development of certain areas and facilities in the territory of Libya would promote that objective, do hereby, in a spirit of friendly collaboration, enter into the present Agreement.

general provisions

Article I

The Government of Libya grants permission to the Government of the United States of America to occupy and use for military and related purposes such areas and facilities as shall be agreed upon from time to time by the two Governments, for the duration of the present Agreement and in accordance with its terms and conditions.

Article II

The Government of the United States may make arrangements for and carry out directly or through its contractors the installation, construction and removal of facilities within the agreed areas to improve and adapt such areas for military and related purposes and to provide for the internal security of such areas.

Article III

(1) The Government of the United States of America may exercise full control over aircraft, ships and water-borne craft, and vehicles entering, leaving and while within the agreed areas.

(2) The Government of the United States of America may exercise, with or without a representative of the Government of Libya as the Government of Libya may determine, such controls over non-United States aircraft, ships and water-borne craft, and vehicles entering, leaving and while within areas near the agreed areas as shall be agreed upon by the two Governments are necessary to carry out the purposes of the present Agreement and to insure the security of the United States forces in Libya.

Article IV

The Government of the United States of America may construct and maintain such wire communication and pipeline facilities outside of the agreed areas as the two Governments agree are necessary to carry out the purposes of the present Agreement.

Article V

The Government of the United States of America may employ and use such public utilities, services and transportation and communication facilities in Libya as the two Governments agree are necessary to carry out the purposes of the present Agreement. The Government of the United States of America shall pay for any employment or usage of the public facilities referred to in the preceding sentence at the same rates charged others who employ and use such public facilities.

Article VI

(1) The agreed areas shall be used and occupied exclusively by the Government of the United States of America unless otherwise agreed by the Government of the United States of America and the Government of Libya. Agreed areas used exclusively by the Government of the United States of America will be maintained at its expense.

(2) The two Governments, as an element in collective military measures to maintain or restore international security, may agree to a joint use and occupancy of an agreed area by the two Governments, or by the United States of America and other nations or persons. The cost of maintenance of an agreed area which is used jointly by the two Governments, or by the United States of America and other nations or persons, shall be apportioned on the basis of usage, at rates and charges which are mutually satisfactory to the users.

Article VII ²

The Government of Libya will make all acquisitions of land and other arrangements required to permit occupation and use of the agreed areas in accordance with the provisions of the present Agreement, and the Government of the United States of America shall not be obliged to compensate the Government of Libya or any Libyan national or other person for such occupation or use.

Article VIII

The Government of Libya will grant to the United States public vessels, aircraft, forces and vehicles, including armor, the right of free access to and movement through Libya, including territorial waters, by land, air and sea. This right shall include freedom from compulsory pilotage and all toll charges. United States aircraft may fly over, land, and take off in any of the territory of Libya, including the territorial waters thereof, without restriction, except as agreed between the two Governments.

Article IX

The Government of the United States of America may, in agreement with the Government of Libya, construct and maintain necessary roads and bridges, and improve and deepen harbors, channels, entrances, and anchorages, affording access to the agreed areas.

Article X

When the Government of the United States of America permanently vacates an agreed area, permanent constructions thereon shall not be removed and the Government of the United States of America shall not be entitled to any compensation for such constructions. Except as provided in the preceding sentence, all property constructed, installed, brought into or procured in Libya under or prior to the present Agreement by the Government of the United States of America shall remain its property and may be removed from Libya, free of any restrictions, or disposed of in Libya by the Government of the United States as agreed with the Government of Libya, at any time before the termination of the present Agreement or within a reasonable time thereafter. Any such property not so removed or so disposed of before the termination of the present Agreement or within a reasonable time thereafter shall become the property of the Government of Libya and the Government of Libya shall not be obligated to compensate the Government of the United States of America for such property.

Article XI

The Government of the United States of America is not obliged to turn over the agreed areas to the Government of Libya at the expiration of the present Agreement in the condition in which they were at the time of their occupation by the Government of the United States of America.

Article XII

Nothing in the present Agreement shall be construed to conflict with the obligations assumed by the Government of the United States of America under the Charter of the United Nations. The Government of Libya hereby recognizes that it also shall be governed by such obligations pending its admission to membership in the United Nations.

administration

Article XIII

The Government of Libya authorizes the Government of the United States of America to employ and supervise military and civilian personnel as required in connection with operations under the present Agreement.

Article XIV

The Government of the United States of America may make topographic, hydrographic, and coast and geodetic surveys and aerial photographs in any part of Libya and waters adjacent thereto. Copies with title and triangulation data of any such surveys or photomaps shall be furnished to the Government of Libya.

Article XV

The Government of the United States of America may establish, maintain and operate United States post offices in the agreed areas for the exclusive use of members of the United States forces and United States authorities, including their staffs and dependents, for domestic use between United States post offices in the agreed areas and between such post offices and other United States post offices.

Article XVI

(1) The Government of the United States of America may bring into Libya members of the United States forces in connection with carrying out the purposes of the present Agreement. The Government of the United States of America shall furnish to the Government of Libya a list of the names and nationalities of members of the United States forces who are brought into Libya and who are not nationals of the United States and any individual on such list whose presence in Libya is considered to be undesirable by the Government of Libya shall be removed from Libya within a reasonable time.

(2) The laws of the Government of Libya shall not operate or apply so as to prevent admission or departure into or from Libya of members of the United States forces. Passport and visa requirements shall not be applicable to military members of United States forces, but they shall be furnished with appropriate identification cards or tags and samples of said identification cards or tags shall be filed with the Government of Libya. Passport and visa requirements shall be applicable to non-military members of the United States forces.

(3) If the status of any member of the United States forces brought into Libya by the Government of the United States of America is altered so that he would no longer be entitled to such admission, the Government of the United States of America shall notify the Government of Libya and shall, if such person be required to leave Libya by the Government of Libya, be responsible for providing him with a passage from Libya within a reasonable time, and shall in the meantime prevent his becoming a public responsibility of Libya.

Article XVII

The Government of the United States of America may establish agencies in the agreed areas, including concessions such as sales commissaries, military service exchanges, messes and social clubs for the exclusive use of the United States military forces and authorized civilian personnel and their families; and such agencies shall be free of all licenses, fees, excise, sales or other taxes or imposts. The merchandise or services sold or dispensed by such Government agencies shall be free of all taxes, duties, imposts and inspection by the Government of Libya. Administrative measures shall be taken by United States military authorities to prevent the resale of goods which are sold under the provisions of this article to persons not entitled to buy goods at such agencies and, generally to prevent abuse of the privileges granted under this article. There shall be cooperation between such authorities and the appropriate authorities of the Government of Libya to this end.

Article XVIII

The appropriate authorities of the two Governments will cooperate in making arrangements in the interest of sanitation and health.

Article XIX

The Government of the United States of America may make engineering and other technical surveys in any part of Libya and waters adjacent thereto. The Government of the United States of America shall notify the Government of Libya when any such survey is to be made and the Government of Libya may, if it so desires, designate an official representative to accompany the survey team.

status of united states personnel and property

Article XX

(1) Members of the United States forces shall respect the sovereign rights and the laws of Libya and abstain from any activities inconsistent with the spirit of the present Agreement, and in particular from any political activities in Libya. The Government of the United States of America will take appropriate measures to this end.

(2) United States military personnel and their dependents and United States nationals and their dependents, who are members of the United States forces and who are subject to United States military law, shall be immune from the criminal jurisdiction of Libyan courts and in matters arising from the performance of their official duties from the civil jurisdiction of the courts of Libya, provided that in particular cases the United States authorities may waive such immunity. In all other matters they shall be subject to the jurisdiction of Libyan courts.

(3) The United States military authorities shall have the right to exercise within Libya all jurisdiction and control conferred on them by the laws of the United States of America over all members of the United States forces except civilian members thereof who are nationals of Libya.

(4) Whenever United States military authorities may exercise jurisdiction over an alleged offender pursuant to Section (3) of this article, the appropriate authorities of the Government of Libya will assist in the collection of evidence and the carrying out of all necessary investigations, including the seizure and in proper cases the handing over of exhibits and all objects connected with the offense.

(5) (a) Where an offense involves the person or property of a member of the United States forces, the appropriate authorities of the Government of Libya and the United States military authorities will render mutual assistance in the necessary investigation into the offense and trial of the offender.

(b) If the case is one within the jurisdiction of the United States military authorities, the appropriate authorities of the Government of Libya will themselves carry out the necessary arrangements to secure the presence of and obtain evidence from Libyan nationals and other persons in Libya (except members of the United States forces) outside the agreed areas. Interrogations of Libyan nationals which may, under the laws of the United States of America, be necessary in connection with the investigation of an offense will, when outside the agreed areas, be conducted by the appropriate United States authorities only at such places as may be designated by the appropriate authorities of the Government of Libya who shall be present at all times during such interrogation.

(c) The United States military authorities will, in a similar manner, carry out the collection of evidence from members of the United States forces in the case of an offense to be tried in the Libyan courts.

(d) The appropriate authorities of the Government of Libya shall render assistance to protect the dignity and integrity of United States military courts. Witnesses not subject to United States military law who commit perjury or contempt of court will be turned over to the appropriate authorities of the Government of Libya for appropriate punishment.

(6) (a) The Government of the United States of America shall have the right to police the agreed areas and to take all appropriate measures to insure the maintenance of discipline, order and security in such areas.

(b) Outside the agreed areas, members of the United States forces may be employed for police duties by arrangement with the appropriate authorities of the Government of Libya insofar as such employment is necessary to maintain discipline and order among the members of the United States forces. In such cases, Libyan police with whom members of the United States forces may be serving on police duty shall have paramount authority with respect to the person or property of Libyan nationals.

Article XXI

The Government of Libya either shall honor, without driving test or fee, driving permits issued by the Government of the United States of America or a subdivision thereof to members of the United States forces; or issue its own driving permits without test or fee to such persons who hold such United States permits. Members of the United States forces who do not hold driving permits issued by the Government of the United States of America or a subdivision thereof shall be required to comply with whatever regulations Libya may establish with regard to driving permits.

Article XXII

Military members of the United States forces in Libya may possess and carry arms as required in the performance of official duties.

Article XXIII

(1) Members of the United States forces may purchase locally goods necessary for their own consumption and such services as they need under the same conditions as Libyan nationals.

(2) The Government of the United States of America may purchase locally goods required for the subsistence of the United States forces and it shall be the policy of the Government of the United States of America to purchase such goods locally if they are available and of the standard required by United States authorities. In order to avoid any such purchases having an adverse effect on the Libyan economy, the appropriate authorities of the Government of Libya will indicate, when necessary, any articles the purchase of which should be restricted or forbidden. Such Libyan authorities, at the request of the appropriate United States authorities, will aid and assist in the placement of orders.

(3) The Government of Libya consents to the employment of Libyan civilians by the Government of the United States of America, or its contractors, and it shall be the policy of the Government of the United States of America and its contractors to prefer the employment of Libyan civilians when they are available and qualified to do the work involved. Upon request of the appropriate United States authorities, the Government of Libya will aid and assist in the employment of Libyan civilians. The conditions of employment for Libyan nationals and persons normally resident in Libya, particularly in respect to wages, supplementary payments, insurance and conditions for the protection of workers, shall be exclusively those laid down by Libyan law.

(4) Upon request of the appropriate authorities of the Government of Libya, the United States military authorities will withhold and pay over to the Government of Libya all income tax or other deductions from the wages of Libyan nationals and persons normally resident in Libya employed by the Government of the United States, as required by Libyan law in the same manner and to the same extent as any other employer.

Article XXIV

(1) The temporary presence in Libya of a member of the United States forces shall constitute neither residence nor domicile therein and shall not of itself subject him to taxation in Libya, either on his income or on his property the presence of which in Libya is due to his temporary presence there, nor, in the event of his death, shall it subject his estate to a levy of death duties. Land and permanent structures thereon located in Libya which are purchased by a member of the United States forces shall be subject to the laws of Libya as to taxation based on the ownership of such property.

(2) No national of the United States of America or corporation organized under the laws of the United States of America, resident in the United States of America, shall be liable to pay the Government of Libya any tax in respect of any income derived under a contract with the Government of the United States of America in connection with operations under the present Agreement.

(3) No tax, duty or other charge of any nature shall be levied or assessed on material, equipment, supplies, or goods, including personal effects, household goods, privately owned automobiles and clothing, brought into Libya in connection with operations under the present Agreement. No such tax, duty or charge shall be levied or assessed on property procured in Libya by United States authorities for the use of the Government of the United States of America or its agents or for the use of personnel present in Libya only in connection with operations under the present Agreement.

Article XXV

(1) The laws and regulations administered by the customs authorities of Libya, including the right to inspect and seize, shall have no application to:

(a) Service and construction material, equipment, supplies, provisions and other goods, imported into Libya by the Government of the United States of America or its contractors in connection with operations under the present Agreement for the exclusive use of the United States forces.

(b) Personal effects, household goods, including privately owned automobiles and furniture, and other goods imported into Libya by the authorities of the Government of the United States of America or through the customary civil channels of Libya for the personal use of members of the United States forces at the time of or during the service of such persons in Libya, provided that, where such property is imported through civil channels, the United States military authorities shall execute a certificate to be presented to the customs officials of Libya certifying that such imports are necessary for the personal use of such member of the United States forces. The United States military authorities will provide the Libyan customs authorities with a list of the officials authorized to execute the certificates as well as specimens of their signatures and the stamps, if any are used.

(c) Official documents under seal.

(2) Property falling within the provisions of Section (1) of this article may be exported from Libya, without regard to the customs laws and regulations of Libya.

(3) Property imported into Libya under the provisions of Section (1) of this article may not be disposed of in Libya to Libyan nationals or to persons normally resident in Libya by way of sale, gift, or barter unless disposal thereof to such persons is authorized on conditions imposed by the appropriate authorities of the Government of Libya. Such property, however, may be disposed of to members of the United States forces or to other persons or governments who are entitled to make use of agreed areas. The United States military authorities will prescribe and enforce to the extent possible regulations designed to prevent the sale or supply to individual members of the United States forces of quantities of goods imported into Libya free of charge which would be in excess of personal requirements of such personnel and which, in consultation with the appropriate authorities of the Government of Libya, are determined to be most likely to become items of gift, barter or sale in the free market in Libya.

(4) Goods purchased in Libya can only be exported therefrom in accordance with Libyan regulations, or as otherwise provided in the present Agreement.

Article XXVI

(1) The Government of the United States of America agrees to pay just and reasonable compensation for valid claims of the Government of Libya for damage, loss or destruction of its property caused by a public vessel of the Government of the United States or by members of the United States forces who are in Libya in connection with operations under the present Agreement. All such claims will be processed and paid in accordance with the applicable provisions of United States law.

(2) The Government of the United States of America agrees to pay just and reasonable compensation for all valid claims of persons who are nationals of Libya, or inhabitants of that country, for damage, loss, or destruction of property, or for injury or death, caused by members of United States forces in connection with operations under the present Agreement. All such claims will be processed and paid in accordance with the applicable provisions of United States law.

operation of the present agreement

Article XXVII

The present Agreement shall come into force on signature and shall continue in force for the period of twenty (20) years and thereafter the Agreement shall continue in force until either of the two Governments gives to the other notice of termination, in which event, the Agreement shall cease to be effective one year after the date of the receipt of such notice.

interpretation

Article XXVIII

In the present Agreement the following expressions have the meanings hereby respectively assigned to them:

“The two Governments” means the Government of Libya and the Government of the United States of America.

“The Government of Libya” means the federal Government of the United Kingdom of Libya, including all administering bodies and authorities within the Territories which form the United Kingdom of Libya.

“United States forces” includes personnel belonging to the armed services of the United States of America and accompanying civilian personnel who are employed by or serving with such services directly or through their contractors (including the dependents of such military and civilian personnel), who are not nationals of, nor ordinarily resident in Libya; and who are in the territory of Libya in connection with operations under the present Agreement.

“Agreed areas” means those areas which the two Governments shall agree may be occupied and used by the Government of the United States under the terms and conditions of the present Agreement.

In Witness Whereof, the undersigned duly authorized representatives of the Government of Libya and the Government of the United States of America have signed the present Agreement.

Done in duplicate at Tripoli, in English and Arabic languages, the _____ day of ____ 1951.

1. Accompanying technical schedules not printed. This draft agreement replaced an earlier draft of July 6, not printed.

2. This article was rewritten in the Department of Defense to make it acceptable to the Government of Libya, and the text of the changed article was sent to the Department of State as enclosure 6 to a letter from the Acting Secretary of Defense to the Secretary of State, dated December 4, p. 1364. The final version read:

   “The Government of Libya will make all acquisitions of land and other arrangements required to permit occupation and use of agreed areas in accordance with the provisions of the present agreement. The Government of the United States of America shall not be obliged to compensate any Libyan national or other person for such occupation or use, but it agrees to pay to the Government of Libya annually an equitable rental for such occupation or use. The two Governments agree that once the equitable annual rental for an agreed area has been determined, the amount of the rental for such agreed area shall not be changed for the duration of this agreement without the consent of both Governments. Furthermore, the two Governments agree that the annual rental being paid by the United States on the date of this agreement for agreed areas in occupation or use by the United States of America on the date of this agreement shall be the equitable annual rental for such agreed areas.” (711.56373/12–451)