Foreign Relations of the United States, 1946, The British Commonwealth, Western and Central Europe, Volume V

811.24590/3–1446

Draft Agreement Between the United States and New Zealand¹⁰

Washington, undated

top secret

The Governments of the United States and New Zealand, taking note of the expressed intention of the Government of New Zealand to take appropriate steps for placing the mandated territory of Western Samoa within the trusteeship system in accordance with Article 77 of the United Nations Charter, and deeming it desirable in the interests of international peace and security that the Government of the United States should share jointly with New Zealand the rights and obligations specified in Annex A of this agreement with respect to military bases and facilities in Western Samoa agree:

1. That under the terms of the Trusteeship agreement to be negotiated by the states directly concerned in accordance with Articles 79 and 81 of the Charter, New Zealand shall be designated as administering authority of the trust territory and that New Zealand shall have authority to establish and erect such military installations on Upolu Island as may be agreed upon by the Governments of New Zealand and the United States, to establish and maintain elsewhere in Western Samoa facilities for defense in agreement with the United States, to make provision for the security of such installations and facilities, and to conclude such agreements with the United States as may be necessary for the exercise by the United States of the rights and obligations specified in Annex A of this agreement.

2. That under the terms of such Trusteeship agreement the area defined in paragraph 1 of Annex A shall be declared a strategic area; the bases and facilities therein, and any facilities constructed elsewhere in Western Samoa in agreement with the United States may be made available to the Security Council by New Zealand as administering authority, with the approval of the United States in each instance, in accordance with any agreement or agreements New Zealand may make under Article 43 of the United Nations Charter.

3. That the New Zealand Government will expedite the negotiation of such Trusteeship agreement.¹¹

4. That the Government of the United States, in view of its direct concern, will take such steps as may be appropriate to further the prompt conclusion of such Trusteeship agreement.

5. That the two Governments will reach agreement on the terms of such Trusteeship agreement, and, having done so, will agree not to consent to the termination, alteration, or amendment of such Trusteeship agreement without prior agreement between themselves.

6. That the present agreement shall enter into force upon ratification by the United States and New Zealand in accordance with their respective constitutional processes, and shall continue in force for 99 years and for such further time as may be mutually agreed upon, unless previously altered, amended, or terminated by mutual consent.

Annex A

In order that the United States and New Zealand may share responsibility for the defense of Upolu Island and for the establishment, utilization and maintenance of military bases thereon and for the establishment of other military facilities elsewhere in Western Samoa, it is mutually agreed between the two Governments that:

1. Upolu Island is to be declared a strategic area; the geographic limits of such area are:

2. Except as provided in paragraph 2 of this agreement, the area defined in paragraph 1 of Annex A and the facilities thereon and any military facilities established elsewhere in Western Samoa shall not be made available to the armed forces of another government without the consent of New Zealand and the United States.

3. The United States, jointly with New Zealand, possesses rights

(a) to occupy, maintain, improve, operate and control a military air base for landplanes and seaplanes at Faleola, and military bases at such other sites in the strategic area defined in paragraph 1 of Annex A as may be mutually agreed upon.

(b) to install, maintain, operate and control at locations elsewhere in Western Samoa to be mutually agreed upon, such facilities for defense, including warning systems, weather reporting, communication and aids to navigation as may be mutually agreed upon.

(c) to operate military craft, including aircraft, vessels, and vehicles into, through, over, and away from the strategic area defined in paragraph 1 of Annex A, and the localities elsewhere in Western Samoa containing facilities for defense established in agreement with the United States without restriction except as mutually agreed upon; and

(d) to utilize such port, transportation and communication facilities in Western Samoa as may be required in the exercise of the rights accorded, and to install and improve such as may be mutually agreed upon.

4. The United States possesses rights

(a) to import, station, store in or remove from Western Samoa, personnel, material and supplies required in the exercise of the rights accorded, free of customs, duties, taxes, and imposts of any kind.

(b) to have exclusive jurisdiction over United States military personnel present in Western Samoa in the exercise of the rights accorded. [In the United States view, this point would be covered by the United States rights under international law, but the inclusion of this specific provision might be desirable.]¹²

5. With respect to the already existing military installations in Western Samoa which have been built by the United States with the approval of the New Zealand Government at the expense of the United States, the New Zealand Government undertakes to maintain such of these existing military installations as are necessary in the opinion of the appropriate military authorities of the two countries; with respect to any additional military installations and facilities in the strategic area defined in paragraph 1 of Annex A and such military facilities as may be established elsewhere in Western Samoa in agreement with the United States, the two Governments undertake to establish and maintain any such installations and facilities in accordance with plans mutually agreed upon, the costs of establishment and maintenance to be borne by the Government proposing the construction of the installation or facility concerned, except as otherwise agreed upon.

6. The Government of the United States shall have the right, if in its judgment conditions at the time make such action necessary, to assume control upon due notification to the New Zealand authorities, of any or all of the military installations and facilities in the strategic area defined in paragraph 1 of Annex A, and any or all of the military facilities established elsewhere in Western Samoa in agreement with the United States, such control to continue for such time as the United States considers necessary; the United States undertakes to pay the expense of the maintenance of such installations and facilities during such periods of temporary control by the United States.

7. The United States is not hereby committed to maintain facilities in the strategic area defined in paragraph 1 of Annex A or elsewhere in Western Samoa when in its judgment such military facilities are not necessary.

10. This draft was presented to the New Zealand Prime Minister, Peter Fraser, the latter part of February 1946, when he was in Washington.
11. During the talks at Washington the New Zealanders handed to the Department on an informal basis a copy of draft trusteeship agreement for Western Samoa; this draft apparently had been prepared ahead of the Washington talks. For documentation on the formal United States–New Zealand talks on a draft trusteeship agreement for Western Samoa beginning in July, see volume i.
12. Brackets appear in the Draft Agreement printed here.