Treaty Between the Government of the United States of America and the Government of the Republic of Colombia Concerning the Status of Quita Sueo, Roncador and Serrana Bogota, 1972

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THE PRESIDENT OF THE UNITED STATES OF AMERICA AND THE PRESIDENT OF THE REPUBLIC OF COLOMBIA,

Desirous of settling the long-standing questions concerning the status of Quita Sueo, Roncador and Serrana, with respect to which the Governments of the two countries agreed to maintain the status quo through an Exchange of Notes signed at Washington on April 10, 1928,

Have designated their Plenipotentiaries, to wit:

The President of the United States of America: The Ambassador Extraordinary and Plenipotentiary to Colombia, Mr. Leonard J. Saccio;

The President of the Republic of Colombia: The Minister of Foreign Affairs, Doctor Alfredo Vazquez Carrizosa;

Who, after exchanging Full Powers and finding them to be in good and due form,

ARTICLE 1

In accordance with the terms of this Treaty, the Government of the United States of America hereby renounces any and all claims to sovereignty over Quita Sueo, Roncador and Serrana.

ARTICLE 2

In recognition of the fact that nationals and vessels of Colombia and the United States are at the present time engaged in fishing in the waters adjacent to Quita Sueo, both governments agree that in the future there shall be no interference by either government or by its nationals or vessels with the fishing activities of nationals and vessels of the other in this area.

ARTICLE 3

The Government of the Republic of Colombia further agrees that with respect to Roncador and Serrana it will guarantee to nationals and vessels of the United States a continuation of fishing in the waters adjacent to these cays with no limitation except as provided in the accompanying letter on fishing rights.

ARTICLE 4

The provisions of Articles 2 and 3 above relating to fishing shall be subject to any obligations accepted by both Governments under the terms of the accompanying notes on fishing rights and any existing or future international agreement pertaining to fishing or related matters.

ARTICLE 5

Each Government agrees that it will not, except in agreement with the other Government, enter into any agreement with a state not party to the present Treaty, by means of which the rights guaranteed nationals and vessels of the other party under this Treaty would be affected or impaired.

ARTICLE 6

Provisions concerning the navigational aids on Quita Sueo, Roncador and Serrana shall be set forth in a separate exchange of notes to be concluded by the parties to this Treaty.

ARTICLE 7

The present Treaty shall not affect the positions or views of either Government with respect to the extent of the territorial sea, jurisdiction of the coastal state over fisheries, or any other matter not specifically dealt with in this Treaty.

ARTICLE 8

The present Treaty shall enter into force upon the exchange of instruments of ratification thereof at Bogota and shall thereupon terminate the exchange of notes signed at Washington on April 10, 1928. ARTICLE 9

The present Treaty shall remain in force indefinitely unless terminated by agreement of both Governments.

In witness whereof the undersigned have signed this Treaty in duplicate, in the Spanish and English languages, at Bogota this 8th day of September, 1972. FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA LEONARD J. SACCIO Ambassador Extraordinary and Plenipotentiary

FOR THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA ALFREDO VAZQUEZ CARRIZOSA Minister of Foreign Affairs

[SEAL]

[EXCHANGES OF NOTES]

September 8, 1972

No. 694

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and has the honor to refer to the treaty signed today between the Government of the United States of America and the Government of the Republic of Colombia concerning the status of Quita Sueo, Roncador and Serrana to replace the exchange of notes signed between our two governments on April 10, 1928. In this connection the Government of the United States wishes to reaffirm to the Government of the Republic of Colombia its legal position respecting Article 1 of that Treaty. That legal position is as follows:

Quita Sueo, being permanently submerged at high tide, is at the present time not subject to the exercise of sovereignty. The Government of the United States notes that the 1928 Treaty and Protocol between the Government of the Republic of Colombia and the Government of the Republic of Nicaragua specifically provide that the Treaty does not apply to Quita Sueo, Roncador and Serrana, sovereignty over which was recognized as being in dispute between the United States and Colombia. The Government of the United States further notes that under the terms of its exchange of notes with the Government of the Republic of Colombia of April 10, 1928, it was recognized at that time that sovereignty over Quita Sueo was claimed by both the United States and Colombia and it was agreed that the status quo in respect of the matter should be maintained.

The Government of the United States understands the legal position of the Government of the Republic of Colombia to be as follows:

The physical status of Quita Sueo is not incompatible with the exercise of sovereignty. In the view of the Government of the Republic of Colombia, the stipulations of the Treaty between Colombia and Nicaragua of March 24, 1928 and the protocol of exchange of ratifications of May 10, 1930 recognized Colombia's sovereignty over the islands, islets and cays that make up the archipelago of San Andres and Providencia east of the 82 meridian of Greenwich, with the exception of the cays of Roncador, Quita Sueo and Serrana, the sovereignty of which was in dispute between the United States and the Republic of Colombia. Therefore, with the renunciation of sovereignty by the United States over Quita Sueo, Roncador and Serrana, the Republic of Colombia is the only legitimate title holder on these banks or cays, in accordance with the aforementioned instruments and international law.

The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Colombia the assurances of its highest consideration.

L.J.S.

[TRANSLATION]

DM 484

The Ministry of Foreign Affairs presents its compliments to the Embassy of the United States of America and has the honor to refer to the Treaty signed today between the Governments of the United States of America and the Republic of Colombia concerning the status of Quita Sueo, Roncador and Serrana to replace the exchange of notes signed between the two governments on April 10, 1928. In this connection the Government of Colombia wishes to reaffirm to the Government of the United States that its legal position respecting Article 1 of that Treaty is as follows:

The physical status of Quita Sueo is not incompatible with the exercise of sovereignty. In the view of the Government of the Republic of Colombia, the stipulations of the Treaty between Colombia and Nicaragua of March 24, 1928, and the Protocol of exchange of ratifications of May 10, 1930, recognized Colombia's sovereignty over the islands, islets and cays that make up the Archipelago of San Andrs and Providencia east of the 82nd meridian of Greenwich, with the exception of the cays of Roncador, Quita Sueo, and Serrana, the sovereignty of which was in dispute between the United States and the Republic of Colombia. Therefore, with the renunciation of sovereignty by the United States over Quita Sueo, Roncador, and Serrana, the Republic of Colombia is the only legitimate title holder on those banks or cays, in accordance with the aforementioned instruments and international law.

The Government of Colombia understands the legal position of the Government of the United States to be as follows:

Quita Sueo, being permanently submerged at high tide, is at the present time not subject to the exercise of sovereignty. The Government of the United States notes that the 1928 Treaty and Protocol between the Government of Colombia and the Government of Nicaragua specifically provide that the Treaty does not apply to Quita Sueo, Roncador, and Serrana, sovereignty over which was recognized as being in dispute between Colombia and the United States. The Government of the United States further notes that under the terms of its exchange of notes with the Government of Colombia on April 10, 1928, it was recognized at that time that sovereignty over Quita Sueo was claimed by the Governments of both Colombia and the United States and it was agreed that the status quo in respect of that matter should be maintained.

The Ministry of Foreign Affairs expresses to the Embassy of the United States of America its high consideration.

A.V.C.

September 8, 1972

His Excellency DR. ALFREDO VAZQUEZ CARRIZOSA Minister of Foreign Affairs Republic of Colombia Bogot

No. 692

EXCELLENCY:

In connection with the signing today of a treaty between the Governments of the Republic of Colombia and the United States of America, I have the honor to convey to you the following understandings of my Government:

1. With respect to Article 2 of that treaty, both governments agree they will exchange views periodically on the desirability of bilateral or multilateral action of a conservation nature.

2. With respect to Article 3 of that treaty, it is understood by both governments that the fishing activities of nationals and vessels of the United States will be subject to reasonable conservation measures applied by the Government of the Republic of Colombia to all fishermen permitted to fish within the present fishing zone adjacent to the cays on Roncador and Serrana. The Government of the Republic of Colombia agrees that the conservation measures applied to nationals and vessels of the United States will be non-discriminatory in nature and no more restrictive than those applied to nationals and vessels of the Republic of Colombia and nationals and vessels of other states permitted to fish in these waters.

3. With further respect to Article 3 of the treaty, it is understood by the Government of the Republic of Colombia that the right of United States nationals and vessels to continue fishing in the waters adjacent to Roncador and Serrana will not prejudice the existing rights of nationals and vessels of the Republic of Colombia or the rights of nationals and vessels of any other state which the Government of Colombia now or in the future may permit to conduct fishing and fishing activities in the waters in question. The Government of the Republic of Colombia agrees that prior to the implementation of conservation measures not now in effect, it will give reasonable notice to the Government of the United States of the nature of these regulations and any necessary measures which must be taken by nationals and vessels of the United States in order to comply with these regulations. The Government of the Republic of Colombia also agrees to consult with the Government of the United States of America, at the latter's request, concerning the effects of such proposed regulations on the rights guaranteed United States nationals and vessels by the treaty signed today.

4. It is understood by both governments with respect to the provisions of Article 4 of the treaty that future multilateral agreements shall be applied in a manner consistent with the right of non-discriminatory access by nationals and vessels of the United States to fisheries in accordance with the provision of other articles of the treaty and this note.

Excellency, I have the honor to propose that this note and your reply constitute an agreement between our governments on the matters discussed above.

Accept, Excellency, the renewed assurances of my highest consideration.

REPUBLIC OF COLOMBIA MINISTRY OF FOREIGN AFFAIRS Bogota

September 8, 1972

His Excellency Leonard J. Saccio, Ambassador Extraordinary and Plenipotentiary of the United States of America, Bogota.

DM 485

Mr. Ambassador:

I have the honor to acknowledge receipt of Your Excellency's note dated today, which reads as follows:

[For the English language text, see page 3011.]

My Government agrees that Your Excellency's note and this reply shall constitute an agreement between our Governments on the matters discussed above.

Accept, Mr. Ambassador, the assurance of my high consideration.

A. Vzquez Carrizosa Alfredo Vzquez Carrizosa Minister of Foreign Affairs

September 8, 1972

His Excellency DR. ALFREDO VAZQUEZ CARRIZOSA Minister of Foreign Affairs Republic of Colombia Bogot

No. 693

EXCELLENCY:

In connection with the signing today of a treaty between the Government of the Republic of Colombia and the Government of the United States of America concerning the status of Quita Sueo, Roncador and Serrana, I have the honor to convey the following understandings of my government with respect to Article 6 of that treaty:

1. The Government of the United States of America agrees to grant in perpetuity to the Republic of Colombia ownership of the lighthouse located on Quita Sueo and the navigational beacons on Roncador and Serrana.

2. The Government of the Republic of Colombia agrees to maintain and operate these installations in accordance with international regulations.

3. The Agreement of the Government of the United States of America to grant to the Government of the Republic of Colombia the lighthouse on Quita Sueo as provided for in paragraph 1 is subject to the understanding that it does so without prejudice to its legal position that Quita Sueo, being permanently submerged at high tide, is not at the present time subject to the exercise of sovereignty.

4. The time and place of the transfer of the lighthouse on Quita Sueo, and the navigational beacons on Roncador and Serrana, shall be agreed upon between the parties. Preparations for the transfer shall be concluded through meetings of experts from each side within six months of the exchange of ratifications of the treaty concerning the status of Quita Sueo, Roncador and Serrana.

Excellency, I have the honor to propose that this note and your reply constitute an agreement between our governments on the matters discussed above.

Accept, Excellency, the renewed assurances of my highest consideration.

REPUBLIC OF COLOMBIA MINISTRY OF FOREIGN AFFAIRS Bogota

September 8, 1972

His Excellency Leonard J. Saccio, Ambassador Extraordinary and Plenipotentiary of the United States of America. Bogota.

DM 482

I have the honor to acknowledge receipt of Your Excellency's note, dated today, which reads as follows:

[For the English language text, see page 3014.]

My Government informs Your Excellency's Government that it is in agreement with the note transcribed above.

With respect to paragraph 3 of that note, my Government is cognizant of the position of the United States and states, in turn, that it reaffirms the Colombian position, expressed in the notes dated today, on the sovereignty of Colombia over Quita Sueo as well as Roncador and Serrana.

My Government agrees that Your Excellency's note and this reply shall constitute an agreement between our Governments on the above matters.

Accept, Mr. Ambassador, the assurance of my high consideration.

A. Vzquez Carrizosa Alfredo Vzquez Carrizosa Minister of Foreign Affairs