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Appendix G - Exchange of Note of 10 July 1907 between Britain and the United States

from Appendixes

Published online by Cambridge University Press:  25 January 2020

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EXCELLENCY: I have the honor to acknowledge the receipt of your note No. 151 of the 3d instant, by which you inform me that His Majesty's Government, acting at the request and on behalf of the British North Borneo Company, are prepared to acquiesce in the last proposal stated in the letter of December 19, 1906, from the Secretary of State to Sir H.M. Durand, respecting the administration of certain islands on the east coast of Borneo and that you are therefore instructed by His Majesty's principal secretary of state for foreign affairs to place the proposed arrangement formally on record without further delay.

The understanding of His Majesty's Government of the terms of the arrangement is stated by you to be as follows:

Firstly. That the said company be left undisturbed in the administration of the islands in question without any agreement specifying details, the United States Government simply waiving in favour of the said company the right to such administration in the meantime; in other words, that the existing status be continued indefinitely at the pleasure of the two Governments concerned.

Secondly. That such privilege of administration shall not carry with it territorial rights, such as those of making grants or concessions in the islands in question to extend beyond the temporary occupation of the company; and any grant, concession, or license made by the company shall cease upon the termination of the company's occupation.

Thirdly. That the temporary waiver of the right of administration on the part of the United States Government shall cover all the islands to the westward and southwestward of the line traced on the map which accompanied Sir H.M. Durand's memorandum of the 23rd of June, 1906, and which is annexed to and to be deemed part of this note.

Fourthly. That the British North Borneo Company, through His Majesty's Government, shall agree to the exemption of the United States Government from any claim or allegation that the latter Government has incurred any responsibility in respect of acts done in or from any island within the said line.

Fifthly. That the understanding shall continue until the said two Governments may by treaty delimit the boundary between their respective domains in that quarter or until the expiry of one year from the date when notice of termination be given by either to the other.

Type
Chapter
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The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
Historical Antecedents and the International Court of Justice Judgment
, pp. 212 - 213
Publisher: ISEAS–Yusof Ishak Institute
Print publication year: 2019

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