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The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands from Appendixes
Published online by Cambridge University Press: 25 January 2020
SIR, I have the honor to inform you 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 your letter to Sir H.M. Durand of the 19th of December last, respecting the administration of certain islands on the east coast of Borneo. I am therefore instructed by His Majesty's principal secretary of state for foreign affairs to place the proposed arrangement formally on record without further delay.
His Majesty's Government understands the terms of the arrangement 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 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.
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