[Senate Treaty Document 114-13]
[From the U.S. Government Publishing Office]
114th Congress } { Treaty Doc.
SENATE
2d Session } { 114-13
_______________________________________________________________________
THE TREATIES WITH THE REPUBLIC OF KIRIBATI AND THE GOVERNMENT OF THE
FEDERATED STATES OF MICRONESIA ON THE DELIMITATION OF MARITIME
BOUNDARIES
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE REPUBLIC OF KIRIBATI ON THE DELIMITATION OF
MARITIME BOUNDARIES, SIGNED AT MAJURO ON SEPTEMBER 6, 2013, AND THE
TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA ON THE DELIMITATION OF
A MARITIME BOUNDARY, SIGNED AT KOROR ON AUGUST 1, 2014
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December 9, 2016.--Treaty was read the first time, and together with
the accompanying papers, referred to the Committee on Foreign Relations
and ordered to be printed for the use of the Senate
----------
U.S. GOVERNMENT PUBLSHING OFFICE
69-118 WASHINGTON : 2016
LETTER OF TRANSMITTAL
----------
The White House, December 9, 2016.
To the Senate of the United States:
I transmit herewith, for the advice and consent of the
Senate to their ratification, two bilateral maritime boundary
treaties: the Treaty between the Government of the United
States of America and the Government of the Republic of
Kiribati on the Delimitation of Maritime Boundaries, signed at
Majuro on September 6, 2013; and the Treaty between the
Government of the United States of America and the Government
of the Federated States of Micronesia on the Delimitation of a
Maritime Boundary, signed at Koror on August 1, 2014. I also
transmit, for the information of the Senate, the report of the
Department of State with respect to the treaties.
The purpose of the treaties is to establish our maritime
boundaries in the South Pacific Ocean with two neighboring
countries. The treaty with Kiribati establishes three maritime
boundaries totaling approximately 1,260 nautical miles in
length between Kiribati and the United States islands of
Palmyra Atoll, Kingman Reef, Jarvis Island, and Baker Island.
The treaty with the Federated States of Micronesia establishes
a single maritime boundary of approximately 447 nautical miles
in length between the Micronesian islands and the United States
territory of Guam. The boundaries define the limit within which
each country may exercise maritime jurisdiction with respect to
its exclusive economic zone and continental shelf.
I believe these treaties to be fully in the interest of the
United States. They reflect the tradition of cooperation and
close ties with Kiribati and with the Federated States of
Micronesia in this region. These boundaries have never been
disputed, and the delimitation in the treaties conforms closely
to the limits the United States has long asserted for our
exclusive economic zone in the relevant areas.
I recommend that the Senate give early and favorable
consideration to the treaties, and give its advice and consent
to ratification.
Barack Obama.
LETTER OF SUBMITTAL
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Department of State,
Washington, DC, October 28, 2016.
The President,
The White House.
The President: I have the honor to submit to you, with a
view to the transmittal to the Senate for its advice and
consent to ratification, two bilateral treaties delimiting the
maritime boundaries between the United States and two Pacific
island neighbors, Kiribati and the Federated States of
Micronesia (FSM). The Treaty between the Government of the
United States of America and the Government of the Republic of
Kiribati on the Delimitation of Maritime Boundaries was signed
at Majuro on September 6, 2013; and the Treaty between the
Government of the United States of America and the Government
of the Federated States of Micronesia on the Delimitation of a
Maritime Boundary was signed at Koror on August 1, 2014. For
the purpose of illustration only, the boundaries are depicted
on maps attached to the treaties.
The treaty with Kiribati establishes three maritime
boundaries in the Pacific with respect to the exclusive
economic zone (EEZ) and continental shelf generated by various
Kiribati islands and by each of the U.S. islands of Palmyra
Atoll, Kingman Reef, Jarvis Island, and Baker Island. The
treaty with FSM establishes a single maritime boundary between
Guam and several FSM islands.
Consistent with similar maritime boundary treaties between
the United States and other countries, these two maritime
boundary treaties define the limits within which each Party may
exercise EEZ and continental shelf jurisdiction off the coasts
of their respective islands. The three boundaries with
Kiribati, taken together, are approximately 1,260 nautical
miles in length; the boundary with FSM is approximately 447
nautical miles in length. The boundary lines are established on
the basis of equidistance (every point on an equidistance line
is equal in distance from the nearest point on the coastline of
each country). Accordingly, with appropriate technical
adjustments, each treaty formalizes boundaries that have been
informally adhered to by the Parties, and that are very similar
to the existing limit lines of the EEZ asserted by the United
States for decades and published in the Federal Register.
Because of improved calculation methodologies and minor
coastline changes, the four new maritime boundaries in these
two treaties will result in a small net gain, primarily with
respect to the Kiribati boundaries, of United States EEZ and
continental shelf area relative to the existing limit lines of
our EEZ.
The form and content of the two treaties are very similar
to each other, and to previous maritime boundary treaties
between the United States and other Pacific island countries
that have entered into force after receiving the Senate's
advice and consent. Each of the two treaties consists of seven
articles. Article I states that the purpose of each treaty is
to establish the maritime boundary between the two countries.
The treaty with Kiribati identifies the relevant United States
territory as Palmyra Atoll, Kingman Reef, Jarvis Island, and
Baker Island; the treaty with FSM identifies the relevant
United States territory as Guam.
Article II of each treaty sets out its technical
parameters, stating that for the purpose of the treaty the
North American Datum 1983 and the World Geodetic Datum 1984
(``WGS 84'') are considered identical. Further, the article
states that, for the purpose of illustration only, the boundary
lines have been drawn on maps annexed to the treaties.
Article III lists the turning and terminal points of
defining the maritime boundaries. In the treaty with Kiribati,
this article defines three distinct boundary lines: for the
boundary line between the United States' Baker Island and the
Kiribati Phoenix Islands group, six points are connected by
geodesic lines that measure 332 nautical miles in total; for
the boundary line between the United States' Jarvis Island and
the Kiribati Line Islands group, ten points are connected by
geodesic lines that measure 548 nautical miles in total; and
for the boundary line between the U.S. islands of Palmyra Atoll
and Kingman Reef and the Kiribati Line Islands group, five
points are connected by geodesic lines that measure 383
nautical miles in total. In the treaty with FSM, this article
defines the single maritime boundary of approximately 447
nautical miles with 16 turning and terminal points.
As has become standard in these agreements, Article IV sets
forth the agreement of the Parties that, on the opposite side
of each maritime boundary, each Party will not ``claim or
exercise for any purpose sovereignty, sovereign rights, or
jurisdiction with respect to the waters or seabed or subsoil.''
Article V provides that the establishment of the boundaries
will not affect or prejudice either side's position ``with
respect to the rules of international law relating to the law
of the sea, including those concerned with the exercise of
sovereignty, sovereign rights, or jurisdiction with respect to
the waters or seabed or subsoil.''
Article VI sets forth the agreement of the Parties that any
dispute arising from the interpretation or application of the
treaty will be resolved by negotiation or other peaceful means
agreed upon by the Parties. Finally, Article VII provides that
each treaty will enter into force after the Parties have
exchanged notes indicating that each has completed its internal
procedures to bring the treaty into force.
The treaties are self-executing. They do not require
implementing legislation.
I recommend that the two treaties establishing maritime
boundaries between the United States and Kiribati, and between
the United States and FSM, be transmitted to the Senate as soon
as possible for its advice and consent to ratification.
Respectfully submitted.
John F. Kerry.
Enclosures: As stated.
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