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Deployment in Bahrain of the United States
Middle East Force
Agreement effected by exchange of notes
The American Chargé d'Affaires ad interim to the Bahraini Minister
of Foreign Affairs
EMBASSY OF THE
UNITED STATES OF AMERICA
December 23, 1971
I have the honor to refer to the present deployment in Bahrain of the United States Middle East Force, including its flagship and other vessels and aircraft. The United States Government proposes to maintain this presence and its related support facilities subject to the following arrangements:
1. Vessels and aircraft assigned to or supporting the United States Force may freely enter and depart the territorial waters, ports, and airfields of Bahrain;
2. Members of the United States Force will be allowed freedom of movement within Bahrain and freedom of entry to and egress from Bahrain;
3. If there is any substantial change contemplated by the United States Government in the deployment of vessels or aircraft or numbers of personnel to be supported on Bahrain in connection with the United States Middle East Force, the United States Government will consult with the Government of Bahrain before effecting that change;
4. Passport and visa requirements shall not be applicable to military members of the United States Force except as shall be agreed upon
between the two governments. All members of the United States Force, however, shall be furnished with appropriate identification which shall be produced, upon demand, to the appropriate authorities of the Government of Bahrain. Members of the United States Force will be exempt from immigration and emigration inspection on entering or leaving Bahrain, and from registration and control as aliens, but will not by reasons of their entry into Bahrain be regarded as acquiring any rights to permanent residence in Bahrain;
5. Members of the United States Force will respect the laws, customs and traditions of Bahrain, and abstain from activity inconsistent with the spirit of these arrangements. The authorities of the United States will take necessary measures to that end;
6. Members of the United States Force shall not be subject to taxation on their salary and emoluments received from United States sources or on any other tangible movable property which is present in Bahrain due to their temporary presence there;
7. The authorities of Bahrain will accept as valid, and without a driving test or fee, driving licenses or military driving permits issued by the authorities of the United States to members of the United State Force;
8. The authorities of the United States will pay just and reasonable compensation in settlement of civil claims (other than contractual claims) arising out of acts or omission of members of the United States Force done in the performance of official duty or out of any other act, omission or occurrence for which the Force is legally responsible. All such claims will be expeditiously processed and settled by the authorities of the United States in accordance with United States
9. The United States Force and its members may import, into Bahrain, without license or other restriction or registration and free of customs, duties and taxes, equipment, supplies, household effects, motor vehicles and other items required by the Force or for the personal use of the members of the Force. Any items imported under this paragraph may be exported freely without customs, duties, and taxes. However, any property of any kind imported entry free under this paragraph which is sold in Bahrain to persons other than to those entitled to duty free import privileges shall be subject to customs and other duties on its value at the time of sale.
10. Personal purchases by members of the United States Force from Bahraini sources shall not be exempt from Bahraini customs, duties and taxes except for certain articles to be agreed upon between the two governments;
11. The Government of Bahrain shall exercise civil jurisdiction over members of the United States Force, except for those matters arising from the performance of their official duties. The Government of the United States shall exercise criminal jurisdiction over members of the United States Force. In particular cases, however, the authorities of the two governments may agree otherwise;
12. The term "members of the United States Force" means members of the Armed Forces of the United States and persons serving with, or employed by said Armed Forces, including dependents, but excluding indigenous Bahraini nationals and other persons ordinarily resident in Bahrain territory, provided that such nationals or other persons are not dependents of members of the United States Force;
13. The occupancy and use of the support facilities required by the United States Force will be governed by administrative arrangements between the United States authorities and the authorities of Bahrain or, as appropriate, private property owners;
14. Should either government determine at some future time that it is no longer desirable to continue the presence on Bahrain of the United States Middle East Force, the United States shall have one year thereafter to terminate its presence.
If the foregoing is acceptable to the Government of Bahrain, I have the honor to propose that this note and your note in reply confirming acceptance will constitute an agreement between our respective governments regarding this matter. Accept, Excellency, the assurance of my highest consideration.
JOHN N. GATCH JR.
John N. Gatch, Jr. Charge d'Affaires ad interim
The Bahraini Minister of Foreign Affairs to the American Chargé
d'Affaires ad interim
STATE OF BAHRAIN MINISTRY OF FOREIGN AFFAIRS
December 23, 1971
John N. Gatch, Jr.
I have the honour to acknowledge the receipt of your note dated December 23, 1971, reading as follows;
[For the text, see foregoing note.),
It is my pleasure to inform you that the Government of Bahrain agrees to all that was said in this note. Accept, Sir, the assurance of my highest consideration.
Minister of Foreign Affairs
Government of Bahrain
Washington, D.C. March 30, 1972. (Letter addressed to Departments and Agencies of the Federal Government)
DEAR MR. SECRETARY: The Subcommittee on Separation of Powers is presently examining executive-legislative relations in foreign affairs with special emphasis on executive agreements. Because of the separation of powers problems involved, the Subcommittee will hold hearings April 17, 18, 19, and 20, 1972.
It has come to the attention of the Subcommittee that Government agencies routinely enter into executive agreements with foreign states. It would be helpful to our study if you would provide us with a list of all executive agreements, since World War II, in which your department has participated, along with the purpose of and authority for the agreements. Although it may be a large undertaking, I would greatly appreciate receiving your report by April 7, 1972, since it is necessary for the Subcommittee to have this information by that date in order to study it before the hearings begin.
I thank you very much for your cooperation and assistance.
SAM J. ERVIN, JR.,
ACTION, APRIL 7, 1972. Hon. Sam J. ERVIN, Jr., Chairman, Subcommittee on Separation of Powers, Committee on the Judici
ary, U.S. Senate, Washington, D.C. DEAR SENATOR ERVIN: Thank you for your March 30, 1972, letter regarding executive agreements the Peace Corps has entered into with foreign states since it was created in 1961.
The Peace Corps has entered into program agreements with more than 50 foreign states since 1961. I am enclosing a list of these countries and the dates those agreements were signed. Our agreements with foreign states are negotiated in the following manner.
Once it appears that the potential host country desires the Peace Corps to send Volunteers and that agreement will be reached on one or more specific projects, the Peace Corps initiates a request for Department of State approval for the American Ambassador to enter into program agreement negotiations with the host government. In requesting the Department of State to enter into negotiations for the program agreement, the Peace Corps follows the guidelines contained in Department of State Circular No. 175 relating to, among other things, the Executive Agreement-Making Power of the United States.
Peace Corps program agreements generally are effected by an exchange of notes between the American Ambassador and a high ranking official of the host country government. The agreements, with an official translation, are then printed in the Department of State's Treaties and Other International Acts Series (TIAS). I am advised by the Office of Treaty Affairs of the Department of State that an analysis of international agreements entered into by the United States from 1946 until April 1, 1972, has been forwarded to the Subcommittee, and that this analysis contains references to all the Peace Corps program agreements which have been signed since 1961. For your information, I am enclosing several representative examples of our program agreement. As much as possible we endeavor to make these agreements identical for each country in which the Peace Corps serves. If you would like a complete compilation of each program agreement that we have signed since 1961, please let me know.
In addition to program agreements effected by an exchange of notes, the Peace Corps frequently enters into project arrangements with host country Government Ministries and Departments for the support of individual Volunteers and projects. For example, the local Peace Corps Director may enter into an agreement with the Ministry of Education in a foreign state to provide that the Ministry will undertake to provide Volunteers with housing, supplies, and other appropriate necessities. These agreements are signed frequently, and