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ARTICLE VII-ACQUISITION OF LAND

(1) Except as otherwise agreed by the two Governments in accordance with paragraph (2) of this Article, the Government of the United Kingdom of Libya will make all acquisitions of land and other arrangements required to permit occupation and use of lands and interests in lands for the purposes 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 the occupation or use of lands in which he has an interest and which are made available to the Government of the United States of America under the provisions of this paragraph, but it agrees to pay to the Government of the United Kingdom of Libya on behalf of such national or person annually an equitable rental for such occupation or use. The two Governments

agree that once the equitable annual rental for such lands has been determined, the amount of that rental shall not be changed for the duration of the present Agreement without the consent of both Governments.

(2) Subject to agreement between the two Governments, the Government of the United States of America may rent lands or any interest in or relating to lands directly from private owners or make other arrangements with private owners as required to permit occupation and use of agreed areas in accordance with the provisions of the present Agreement. If satisfied that there is unreasonable refusal by a private owner, after he has received an offer of equitable compensation, to make available land or an interest in land necessary for the purpose of the present Agreement, the Government of the United Kingdom of Libya will take the necessary steps to ensure that such land or interest in land is made available.

(3) The rentals paid by the Government of the United States of America on the date of the entry into force of this Agreement for the occupation and use of lands and interest in lands within the agreed arcas shall be deemed to be the equitable rentals payable for such occupation or use.

(4) Lands or interests in lands occupied or used by the Government of the United States of America under the provisions of this Article shall be regarded as agreed areas for the purposes of the present Agreement.

(5) Compensation to private owners for damage arising out of the occupation and use of property, if not otherwise paid, shall be paid by the Government of the United States of America under the provisions of Article XIX.

ARTICLE VIII- -MOVEMENT OF FORCES, AIRCRAFT, VESSELS AND VEHICLES

(1) The Government of the United Kingdom of Libya grants to the United States forces and United States public vessels, aircraft, and vehicles, including armor, the right of free access and egress to and from the agreed areas and movement within and between the agreed areas, by land, air and sea, for the purposes of the present Agreement. The right shall include freedom from compulsary pilotage and all toll charges anywhere within Libya, including territorial waters. With a view to facilitating control of harbor traffic within Libyan port areas open to commerce, reasonable notice will

be given to the appropriate port authorities of the arrival of a United States public vessel in any such port area. The provisions of this paragraph shall not apply to courtesy visits of United States Government vessels unrelated to the present Agreement. Such visits shall be governed by customary international practice.

(2) By agreement between the two Governments, United States forces and United States public vessels, aircraft and vehicles, including armor, shall have freedom of movement in other districts of Libya, including the territorial waters, in order to carry out the purposes of the present Agreement.

(3) Subject to such conditions (including conditions governing flight over towns) as may be agreed upon by the appropriate authorities of the two Governments, United States public aircraft may fly over any of the territory of Libya, including territorial waters. United States public aircraft shall not fly over areas prohibited by the Government of the United Kingdom of Libya to foreign aircraft in general, except as may be agreed. In an emergency United States public aircraft may land on and take off from any of the territory of Libya, including territorial waters, and, under such conditions as may be agreed upon by the appropriate authorities of the two Governments, United States public aircraft may use airports and other aviation facilities outside the agreed areas.

(4) In the exercise of the privileges described in this Article all reasonable precautions will be taken by the Government of the United States of America to avoid damage to public facilities.

(5) The Government of the United States of America accepts the principle that military members of the United States forces should wear civilian clothes when in Benghazi and Tripoli in an off-duty

status.

ARTICLE XII-OTHER OBLIGATIONS

The present Agreement is made in accordance with the principles laid down in the Charter of the United Nations and nothing in the Agreement shall be construed to conflict with the obligations assumed by the United States of America under that Charter, which obligations the United Kingdom of Libya also accepts pending its admission to the United Nations. Further, the two Governments declare that nothing in the present Agreement conflicts with or prejudices or is intended to conflict with or prejudice international obligations assumed by either Government under any other existing international agreements, conventions or treaties, including, in the case of the United Kingdom of Libya, the Covenant of the League of Arab States.

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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 [2] of its ratification of the present Agreement and without having any

* Oct. 30, 1954.

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 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. (Signatures omitted.)

185. AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE EGYPTIAN GOVERNMENT REGARDING THE SUEZ CANAL, OCTOBER 19, 19541

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 I

Her Majesty's forces shall be completely withdrawn from Egyptian territory in accordance with the Schedule set forth in Part A of Annex I within a period of twenty months from the date of signature of the present agreement.

ARTICLE II

The Government of the United Kingdom declare that the Treaty of Alliance signed in London on the 26th of August, 1933, with the Agreed Minute, Exchanged Notes, Convention concerning the immunities and privileges enjoyed by the British Forces in Egypt and all other subsidiary agreements, is terminated.

ARTICLE III

Parts of the present Suez Canal base, which are listed in Appendix A to Annex II, shall be kept in efficient working order and capable of immediate use in accordance with the provisions of Article 4 of the present agreement. To this end they shall be organized in accordance with the provisions of Annex II.

ARTICLE IV

In the event of an armed attack by an outside Power on any country which at the date of signature of the present Agreement is a party to the Treaty of Joint Defense between the Arab League States, signed in Cairo on the 13th of April, 1950, or on Turkey. Egypt shall afford to the United Kingdom such facilities as may be

Great Britain. Parliament. Papers-by-Command No. 9298, 1954, p. 44.

necessary in order to place the Base on a war footing and to operate it effectively. These facilities shall include the use of Egyptian ports within the limits of what is strictly indispensable for the abovementioned purposes.

ARTICLE V

In the event of the return of British Forces to the Suez Canal Base area in accordance with the provisions of Article 4, these forces shall withdraw immediately upon the cessation of the hostilities referred to in that Article.

ARTICLE VI

In the event of a threat of an armed attack by an outside Power on any country which at the date of signature of the present Agreement is a party to the Treaty of Joint Defense between Arab League States or on Turkey, there shall be immediate consultation between Egypt and the United Kingdom.

ARTICLE VII

The Government of the Republic of Egypt shall afford overflying, landing and servicing facilities for notified flights of aircraft under Royal Air Force control. For the clearance of any flights of such aircraft, the Government of the Republic of Egypt shall accord treatment no less favorable than that accorded to the aircraft of any other foreign country with the exception of States parties to the Treaty of Joint Defense between Arab League States. The landing and servicing facilities mentioned above shall be afforded at Egyptian airfields in the Suez Canal Base area.

ARTICLE VIII

The two Contracting Governments recognize that the Suez Maritime Canal, which is an integral part of Egypt, is a waterway economically, commercially and strategically of international importance, and express the determination to uphold the Convention guaranteeing the freedom of navigation of the Canal signed at Constantinople on the 29th of October, 1888.

ARTICLE IX

A. The United Kingdom is accorded the right to move any British equipment into or out of the Base at its discretion.

B. There shall be no increase above the level of supplies as agreed upon in Part C of Annex II without the consent of the Government of the Republic of Egypt.

ARTICLE X

The present Agreement does not affect and shall not be interpreted as affecting in any way the rights and obligations of the parties under the Charter of the United Nations.

ARTICLE XI

The Annex and Appendices to the present Agreement shall be considered as an integral part of it.

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ARTICLE XII

A. The present Agreement shall remain in force for the period of seven years from the date of its signature.

B. During the last twelve months of that period the two Contracting Governments shall consult together to decide on such arrangements as may be necessary upon the termination of the Agreement.

C. Unless both the Contracting Governments agree upon any extension of the Agreement it shall terminate seven years after the date of signature and the Government of the United Kingdom shall take away or dispose of their property then remaining in the Base.

ARTICLE XIII

The present Agreement shall have effect as though it had come into force on the date of signature. Instruments of ratification shall be exchanged in Cairo as soon as possible.

In witness whereof the undersigned, being duly authorised thereto, have signed the present Agreement and have affixed thereto their seals.

Done at Cairo, this nineteenth day of October, 1954, in duplicate, in the English and Arabic languages, both texts being equally

authentic.

(Signatures, annexes, and appendices omitted.)

186. PACT OF MUTUAL CO-OPERATION BETWEEN IRAQ AND TURKEY, BAGHDAD, FEBRUARY 24, 19551

Whereas the friendly and brotherly relations existing between Iraq and Turkey are in constant progress, and in order to complement the contents of the Treaty of Friendship and Good Neighbourhood concluded between His Majesty the King of Iraq and his Excellency the President of the Turkish Republic signed in Ankara on March 29, 1946, which recognised the fact that peace and security between the two countries is an integral part of the peace and security of all the nations of the world and in particular the nations of the Middle East, and that it is the basis for their foreign policies;

Whereas article 11 of the Treaty of Joint Defence and Economic Cooperation between the Arab League States provides that no provision of that treaty shall in any way affect, or is designed to affect, any of the rights and obligations accruing to the Contracting Parties from the United Nations Charter;

And having realised the great responsibilities borne by them in their capacity as members of the United Nations concerned with the maintenance of peace and security in the Middle East region which necessitate taking the required measures in accordance with article 51 of the United Nations Charter;

They have been fully convinced of the necessity of concluding a pact fulfilling these aims, and for that purpose have appointed as their plenipotentiaries:

[Here follows a list of the plenipotentiaries.]

who having communicated their full powers, found to be in good and due form, have agreed as follows:

1 Great Britain. Parliament. Papers-by-Command No. 9429, March 1955.

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