網頁圖片
PDF
ePub 版

ARTICLE XXV

CUSTOMS LAWS AND REGULATIONS

(1) The laws and regulations administered by the customs authorities of the Government of the United Kingdom 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, brought 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 brought into Libya by the authorities of the Government of the United States of America directly or through the customary civil channels of Libya for the personal use of members of the United States forces at the time of their first arrival in Libya or at the time of the first arrival of any of their dependents to join them.

(c) Official documents under seal.

(d) Mail sent to and from the United States post offices established pursuant to Article XV.

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

(3) Property brought into Libya under the provisions of Paragraph (1) of this Article may not be disposed of in Libya except for the purposes of operations under the present Agreement, or, to any person or corporation having the right to bring property into Libya in accordance with Paragraph (1) of this Article, or, under conditions imposed by the appropriate authorities of the Government of the United Kingdom of Libya. The Government of the United States of America may, however, dispose of such property to the government of any nation entitled to make use of agreed areas in accordance with the provisions of the present Agreement or to the personnel of such government engaged in activities connected with such use of an agreed area. The United States military authorities will prescribe and enforce 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 the United Kingdom of Libya, are determined to be most likely to become items of gift, barter or sale in the free market in Libya.

ARTICLE XXVI

USE OF CURRENCY

(1) The United States authorities will take the necessary measures in cooperation with the appropriate Libyan authorities to safeguard Libyan foreign exchange legislation or regulations.

(2) With respect to the acquisition of Libyan currency, the United States forces will have the authority to purchase local currency with United States dollars at the most favorable rate from authorized banking facilities and institutions, provided that Libyan currency now available or which may become available to the Government of the United States of America may be used by the Government of the United States of America for such purposes as it desires.

(3) The United States authorities may import, export, possess and use United States currency, the currency of any third state, and instruments or scrip expressed in United States currency.

(4) The United States authorities may pay the United States forces in instruments expressed in United States currency, or scrip denominated in units of United States currency, or in Libyan currency, or in United States currency, provided that payment in United States currency shall take place after consultation between the appropriate authorities of the two Governments. The United States authorities will take appropriate measures to assure that the use of scrip denominated in units of United States currency is restricted to internal transactions within installations and areas in use by the United States forces.

ARTICLE XXVII

COMPLIANCE

The Government of the United States of America shall take the necessary measures to prevent abuse of the privileges granted by the Government of the United Kingdom of Libya under the present Agreement.

ARTICLE XXVIII

DEFINITIONS

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

"The two Governments" means the Government of the United Kingdom of Libya and the Government of the United States of America.

"The Government of the United Kingdom of Libya" means the federal Government of 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 (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 and their component parts (including land, buildings, structures, water, stone and other construction materials, and things other than minerals, including petroleum, and archeological remains which are on, in, or over land and land covered by water) which the two Governments shall agree may be occupied and used by the Government of the United States of America under the terms and conditions of the present Agreement.

"Military purposes" means, within the agreed areas and elsewhere as provided in the present Agreement, the installation, construction, maintenance, use and operation of military equipment and facilities, including facilities for the training, accommodation, hospitalization, recreation, education, and welfare of members of the United States forces; and the operations of the Government of the United States of America and its contractors and of authorized service organizations under the present Agreement; and the storage of the property of the Government of the United States of America and its contractors and of authorized service organizations which are in Libya in connection with the operations under the present Agreement.

"United States public vessel" and "United States public aircraft" mean vessels (including waterborne craft of all kinds) and aircraft belonging to the Government of the United States of America or operating under charter, contract or otherwise for the purposes of the United States armed services.

ARTICLE XXIX

DISPUTES

Matters relating to the interpretation of the present Agreement and to the settlement of disputes arising therefrom shall be examined in common by the appropriate authorities of the two Governments. In the event it is not possible for such authorities to reach agreement, the two Governments will consider the practicability of submitting the dispute to an independent third person or body.

ARTICLE XXX

RATIFICATION AND DURATION

The present Agreement shall come into force upon the date of receipt by the Government of the United States of America of a notification from the Government of the United Kingdom of Libya 1 of its ratification of the present Agreement and without having any retroactive effect shall replace the existing arrangements between the two Governments on the matters covered in the present Agreement. The present Agreement shall continue in force until December 24, 1970 and after that date shall continue in force until either of the two

1 Oct. 30, 1954.

Governments gives to the other notice of termination, in which event, the Agreement shall cease to be effective one year after the date of receipt of such notice.

IN WITNESS WHEREOF, the undersigned duly authorized representatives of the Government of the United States of America and the Government of the United Kingdom of Libya have signed the present Agreement.

Done in duplicate at Benghazi in the English and Arabic languages, both texts being equally authentic, the ninth day of September 1954.

MEMORANDUM OF UNDERSTANDING

With respect to the "Agreement between the Government of the United States of America and the Government of the United Kingdom of Libya" signed at Benghazi on September 9, 1954, hereinafter referred to as "the Agreement", the Government of the United States of America and the Government of the United Kingdom of Libya have reached the following understandings concerning certain provisions of the Agreement.

Article IV

The two Governments agree that the facilities referred to in Article IV of the Agreement will be constructed and maintained solely at the expense of the Government of the United States of America when such facilities are to be constructed for the sole use of the United States of America.

Article VII

The two Governments agree that nothing in Article VII of the Agreement shall be construed to authorize the Government of the United States of America to purchase land in Libya.

Article XIV

The two Governments agree that copies of surveys will be furnished the Government of the United Kingdom of Libya without cost. The two Governments further agree that areas formally established by the Government of the United Kingdom of Libya as prohibited areas will not be surveyed without the specific consent of the Government of the United Kingdom of Libya.

Article XVIII

The two Governments agree that the agreement of the Government of the United Kingdom of Libya to the text of Article XVIII of the Agreement does not of itself obligate that Government to the expenditure of funds in connection with the implementation thereof. Article XXV

Paragraph (1). In the event that the customs regulations of the Government of the United Kingdom of Libya should prohibit the

refund of customs duty already paid on goods acquired in Libya by the Government of the United States of America or by persons who are themselves exempt from the obligation to payment of customs duties on goods they import into Libya, the Government of the United States of America will not request such refunds on its own behalf or support such requests made by its contractors or by members of the United States forces in Libya.

Article XXIX

The representatives of the two Governments understand that the Government of the United States of America has accepted the compulsory jurisdiction of the International Court of Justice under the terms set forth in a declaration deposited with the Secretary General of the United Nations on August 26, 1946. They also understand that the Government of the United Kingdom of Libya may wish to take steps to become a party to the Statute of the Court 2 in accordance with Article 93 of the United Nations Charter and to file a declaration accepting the compulsory jurisdiction of the Court 3 pursuant to Article 36 of the Statute.

Done in duplicate at Benghazi in the English and Arabic languages, both texts being equally authentic, the ninth day of September, 1954.

Operation of the Suez Canal Base

18. AGREEMENT BETWEEN THE UNITED KINGDOM AND THE REPUBLIC OF EGYPT REGARDING THE SUEZ CANAL BASE, OCTOBER 19, 1954 *

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Egypt, Desiring to establish Anglo-Egyptian relations on a new basis of mutual understanding and firm friendship,

Have agreed as follows:

Article 1

Her Majesty's Forces shall be completely withdrawn from Egyptian territory in accordance with the Schedule set forth in Part A of

1 TIAS 1598; 61 Stat., pt. 2, p. 1218.

2 Libya became a party to the Statute of the International Court of Justice, Dec. 14, 1955.

3 As of the end of calendar year 1955 Libya had not filed a declaration accepting the compulsory jurisdiction of the International Court of Justice.

British Treaty Series No. 67 (1955); Cmd. 9586. Ratifications exchanged Dec. 6, 1954. For exchange of notes, May 3, 1955, supplementing the Agreement, see Great Britain, Parliamentary Papers, State Papers, Egypt No. 1 (1955); Cmd. 9466.

« 上一頁繼續 »