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Exchange of Notes Constituting an Agreement Relating to Diplomatic Relations Between the Government of the United States of America and the Government of the Marshall Islands [1989] PITSE 13 (23 August 1989)

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT RELATING TO DIPLOMATIC RELATIONS BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE MARSHALL ISLANDS

(Washington 23 August 1989 and 6 September 1989)

ENTRY INTO FORCE: 6 SEPTEMBER 1989

The Secretary of State to the Representative of the Marshall Islands

Department of State
WASHINGTON

August 23 1989

Excellency:

I have the honor to inform you that the Government of the United States of America, having considered the Exchange of Notes of May 4 and May 6, 1987, between our Governments regarding the conduct of their diplomatic relations, as well as Article V of the Compact of Free Association, as recently amended by mutual agreement pursuant to Section 432 of the Compact, proposes the following procedures as appropriate to govern our relations:

(1) The Government of the United States and the Government of the Republic of the Marshall Islands will provide all necessary assistance for the establishment and performance of the functions of diplomatic missions in their respective capitals in accordance with international law and practice. Both governments will make arrangements pursuant to their respective legal and administrative procedures to commence and conduct diplomatic representation at the Ambassadorial level.

(2) Diplomatic relations between the United States and the Republic of the Marshall Islands shall be governed by the 1961 Vienna Convention on Diplomatic Relations. Rules of customary international law shall govern questions not expressly regulated by the provisions of the Vienna Convention on Diplomatic Relations or the applicable provisions of the Compact of Free Association.

(3) The two governments will facilitate, consistent with Article 21 of the Vienna Convention on Diplomatic Relations, the establishment and occupancy of mutually satisfactory Embassy premises and accommodations for Embassy personnel by the sending state in the national capital area of the receiving state. The two governments will consult further regarding the terms and conditions of any acquisition or construction of real property, taking account of applicable domestic legislation where appropriate.

(4) In accordance with Article 27(1) of the Vienna Convention on Diplomatic Relations, both governments consent to the installation and use of wireless transmitters by the respective diplomatic missions for the purposes of official communication, subject to compliance with the laws and regulations of the receiving state. Such laws and regulations shall, however, be applied so as to give full effect to the consent hereby recorded.

(5) The Government of the Republic of the Marshall Islands may establish offices in Hawaii, Guam or, on the basis of mutual agreement with the Government of the United States, elsewhere in the United States, its territories and possessions, for the purpose of providing citizen services and performing governmental liaison functions. Any such offices and the personnel assigned thereto shall be accorded treatment by the United States consistent with the Vienna Convention on Consular Relations. Rules of customary international law shall govern questions not expressly covered by the provisions of the Vienna Convention on Consular Relations or the Compact of Free Association. The locations, number of personnel and other specific matters related to the establishment and operation of such offices shall be established by separate, mutual agreement. Any such offices in existence upon acceptance of these proposed procedures by the Government of the Republic of the Marshall Islands shall continue to operate in accordance herewith.

(6) The two governments do mutually agree, on a beneficial and practical basis, to implement the agreement between our two governments to amend the Governmental Representation Provisions of the Compact of Free Association pursuant to Section 432 of the Compact, and the terms set forth above in accordance with the provisions of the international agreements between them, including the Compact of Free Association.

(7) If the foregoing is acceptable to the Government of the Republic of the Marshall Islands, I have the honor to propose that your Excellency's reply to that effect, together with this note, shall constitute an agreement between our two Governments, which will enter into force on the date of your reply.

RELATED NOTES

Department of State
WASHINGTON

May 4 1987
 
Excellency:

I have the honor to inform you that the Government of the United States, having considered the Compact of Free Association and its associated documents, proposes the following procedures as appropriate to govern our relations.

Title One, Article V, of the Compact of Free Association establishes the framework of the conduct of relations between the United States and the Republic of the Marshall Islands. Consistent with the provisions of the Compact, the general relations between the two Governments will be governed by international law as reflected in the Vienna Convention on Diplomatic Relations. For example, the Government of the Republic of the Marshall Islands Representative shall be formally known as the Representative of the Republic of the Marshall Islands and shall be accorded status commensurate with heads of diplomatic mission as this expression is used in the Convention. Accordingly, the Representative of the Republic of the Marshall Islands shall be extended the same privileges and immunities as are extended heads of mission, except as may be amplified or restricted by the Compact. This arrangement shall also apply to the staff of the Representative of the Republic of the Marshall Islands and to the premises and archives of the Office of the Representative of the Republic of the Marshall Islands. Privileges and immunities will not be accorded Representatives or members of their staffs who are nationals of or permanently resident in the United States.

To facilitate the establishment of the Office of the Representative in Washington, enclosed is a paper providing more detailed guidance on some of the operational aspects of maintaining the Office in Washington. In addition, under separate cover, the Department of State will provide the Office copies of all recent circular notes to diplomatic missions in Washington. These circular notes provide more detailed guidance on the rights and conduct of missions and explain, in addition, the responsibilities and functions of the Office of Protocol and the Office of Foreign Missions.

At an early date, the Department of State would appreciate confirmation that these arrangements are satisfactory to the Government of the Republic of the Marshall Islands and that reciprocal analogous treatment will be afforded the U.S. Representative and his or her office in Majuro, Republic of the Marshall Islands.

Accept Excellency the renewed assurances of my highest consideration.
 

ENCLOSURE

Guidelines RMI Relations in Washington

REPUBLIC OF THE MARSHALL ISLANDS

WASHINGTON
 
Excellency:

I have the honor to acknowledge receipt of your note of May 4, 1987, regarding the question of procedures appropriate to govern our relations and to confirm that my Government is in accord with the procedures which that note and its enclosure propose. In addition, my Government is pleased to assure the Government of the United States that the Government of the Republic of the Marshall Islands will accord reciprocal analogous treatment to the United States Representative and his Office in Majuro, Republic of the Marshall Islands.

Accept, Excellency, the renewed assurances of my highest consideration.

The Ambassador of the Marshall Islands to the Secretary of State

REPUBLIC OF THE MARSHALL ISLANDS

WASHINGTON
 
Excellency:

I have the honor to state that the Government of the Republic of the Marshall Islands concurs in the procedures and provisions set forth in your Note dated August 23, 1989, and further agrees with your proposal that your Note and this reply shall constitute an Agreement between our two Governments, effective this date.

Accept, Excellency, the renewed assurances of my highest consideration.

His Excellency
Wilfred Kendall, Representative of the Republic of the Marshall Islands.
For the Secretary of State:
 
His Excellency
Wilfred Kendall, Representative of the Republic of the Marshall Islands.
 
For the Secretary of State:
Michael H. Armacost
 
Wilfred Kendall
Representative of the Republic of the Marshall Islands
 
His Excellency
The Honorable George P. Shultz Secretary of State
 
Ambassador of the Republic of the Marshall Islands
 
His Excellency The Honorable James A. Baker, III Secretary of State
September 6, 1989

APPENDICES

GUIDELINES REPUBLIC OF THE MARSHALL ISLANDS REPRESENTATIVE IN WASHINGTON OPERATIONAL ASPECTS

1. The Representative of the Republic of the Marshall Islands will present his or her credentials to the President of the United States.

2. All other members of the staff of the Office of the Representative of the Republic of the Marshall Islands will be formally notified to the Department of State in accordance with the applicable procedures.

3. Identity documents will be provided to the Representative and the staff of the Office by the Office of Protocol and the names of such persons will be entered into the formal lists maintained by the Department. The Representative of the Republic of the Marshall Islands will be ranked in precedence with Ambassadors and before Charges d'Affaires in a manner to be determined by the Department of State.

4. The Compact of Free Association specifies the privileges and immunities which are to be afforded the persons identified above.

5. The Compact specifies that the persons identified above are entitled to the exemption from taxation provided for in Article 34 of the Vienna Convention on Diplomatic Relations. Appropriate tax exemption credentials will be issued by the Office of Foreign Missions in accordance with usual procedures.

6. The Office of Foreign Missions is responsible for vehicle registration, the issuance of vehicle operators' permits and motor vehicle license plates. The Diplomatic Motor Vehicle office is located at 3005 Massachusetts Avenue, N.W., Washington, D.C. 20008.

7. As specified in the Compact, goods imported for the performance of official functions of the Office of the Representative shall be exempt from all customs duties and restrictions as shall goods imported for the personal use of the Representative and the other personnel of the Office. Such importations remain subject to the laws and regulations of the United States in connection with the protection of public health and safety and to prevent abuse of the duty free import privilege.

8. The institutional tax exemption provision in Title One, Article V (c) of the Compact applies to all the taxes which would otherwise be owing in respect of the real property, other assets and income of the Government of the Republic of the Marshall Islands in respect of the conduct of its official relations with the United States.

9. In the procurement, alteration, or disposal of premises of the Office of the Representative, procedures established by the Office of Foreign Missions must be followed (details provided in the circular notes being provided separately) as well as local zoning regulation where appropriate.