[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

                [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 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

                              ----------       

                                       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.

             [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                          [all]