TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-220 

________________________________________________________________________ 

DEFENSE 

Cooperation 

 Memorandum of Understanding between the 

UNITED STATES OF AMERICA 

and DENMARK 

Signed at Nuuk February 20, 2003 

with 

Related Exchange of Notes 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
DENMARK 

Defense: Cooperation 

Memorandum of understanding signed 

 at Nuuk February 20, 2003; 

 Entered into force February 20, 2003. 

 With related exchange of notes. 
MEMORANDUM OF UNDERSTANDING

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE KINGDOM OF DENMARK

(INCLUDING THE HOME RULE GOVERNMENT OF GREENLAND)

CONCERNING

THE DUNDAS AREA

Article I

1. This Memorandum of Understanding (MOU) regulates cooperation between the

Government of the United States of America and the Government of the

Kingdom of Denmark (including the Home Rule Government of Greenland),

which has been agreed upon in connection with the Exchange of Notes this day

between the Danish and the United States Governments regarding the

relinquishment of Dundas from the Thule defence area.

2. Having reference also to the NATO Status of Forces Agreement, this MOU is in

implementation of the United States — Denmark Agreement Concerning the

Defence of Greenland, dated April 27, 1951 (hereinafter referred to as "the 1951

Agreement"), and related agreements.

Article II

1. Notwithstanding the provisions of any other agreement, the Danish

Government (including the Greenland Home Rule Government) accepts the

return of Dundas "as is" and assumes complete responsibility for any

environmental remediation or other actions it may believe necessary.

2. The Danish Government (including the Greenland Home Rule Government)

hereby waives any and all claims of the Danish Government (including the

Greenland Home Rule Government) against the Government of the United

States arising out of any acts or omissions related to or in connection with the

use of Dundas during the period of its inclusion within the Thule defence area.

3. Any and all claims cognisable under the NATO Status of Forces Agreement

shall be dealt with in accordance with the provisions of that Agreement.

4. The Government of Denmark assumes jurisdiction and liability for any and all

claims, not covered in paragraph 3 above, for damages that resulted in any way,

in whole or in part, from any acts or omissions (or alleged acts or omissions) by
the claimant, the Government of Denmark (including the Greenland Home Rule

Government) or a third party occurring after the return of the Dundas

Peninsula. Nothing herein should in any way be interpreted as limiting or

otherwise affecting the applicability of the NATO SOFA provisions pertaining

to claims.

5. The foregoing paragraphs of this article shall not apply to contractual claims

against the Government of the United States.

Article III

Except as otherwise agreed in the Permanent Committee, there shall be no settlement of

persons or erection of permanent structures in Dundas for three years from the date of

the Exchange of Notes regarding the relinquishment of Dundas from the Thule defence

area. This does not prevent restoration that does not alter the original size and essential

character of existing buildings. For an additional period of three years the U.S.

authorities will be consulted no later than six months in advance in case any initiative

should be taken that would alter the original size and essential character of existing

buildings.

Article IV

The following security measures shall be taken regarding the Thule defence area:

1. United States authorities and Danish/Greenlandic authorities undertake to

cooperate to ensure that the return of Dundas to Danish jurisdiction and

control does not compromise the security of Thule Air Base or the Thule

defence area. This cooperation includes periodic joint threat assessments by

appropriate experts.

2. Danish/Greenlandic authorities undertake to ensure necessary policing of

Dundas, including, if necessary, by police forces supplementing the local police

on short notice. The Danish/Greenlandic authorities shall ensure regular

patrol activities in and surveillance of Dundas, and, if appropriate and for a

limited period of time, relevant checks of incoming aircraft and passengers.

3. Danish/Greenlandic authorities shall ensure that non-residents of the Qaanaaq

Municipality are not permitted in Dundas on a permanent basis and that such

non-residents do not enter the Thule defence area from Dundas without

permission of competent United States authorities at Thule Air Base.
For the Government of

The United States of America

• • •

Sally iasen Light

1-6(-1441.‘2.1.

4. Consultations and exchange of information on matters relating to Dundas that

may have implications for the security of Thule Air Base will be dealt with in

the Permanent Committee.

Article V

The Permanent Committee shall monitor the implementation of this Memorandum of

Understanding.

Article VI

1. Any disagreement regarding the interpretation or application of this MOU

shall be resolved by consultation between the parties.

2. This Memorandum of Understanding shall enter into force on the date of

signature and shall remain in force for the duration of the 1951 Agreement.

This understanding may be amended at any time by mutual written

agreement of the Parties.

In witness whereof, the undersigned representatives have signed this Memorandum of

Understanding.

Done in Nuuk this twentieth day of February 2003 in duplicate, in the English and

Danish languages, both texts being equally authentic.

For the Government of

The Kingdom of Denmark

(including The Home Rule Government of

Greenland)

Friis Arne Petersen

For the Government of Denmark

ans Enoksen

For The ome Rule Government

of Greenland
MINISTRY OF FOREIGN AFFAIRS

N.NFG. File No. 107.F.1.r

Copenhagen, February 20, 2003

Your Excellency,

I have the honour to refer to Exchanges of Notes of October 14, 1964, May 5, 1965,

September 30, 1986, and September 29, 1992, between our two Governments concerning

certain adjustments of the geographical extension of the defence areas in Greenland made

available to the United States by the Government of Denmark pursuant to Article II (3) of

the Agreement of April 27, 1951, Concerning the Defence of Greenland as set forth in

Technical Schedule of March 20, 1958, and the Memorandum of Understanding of March

13, 1991 between the Government of the United States of America and the Government of

the Kingdom of Denmark (including the Home Rule Government of Greenland)

Concerning Use of Sondrestrom Aviation Facility, Kulusuk Airfield and Other Matters

Related to United States Military Activities in Greenland.

1. Following the agreement in the Memorandum of Understanding of today's date

concerning removal of Dundas from the defence area and discussions between our

representatives, I have the honour to propose that the defence area in Greenland be

redefined as follows:

1.1 Thule

The defence area of Thule covers the area of the Southern bank of

Wolstenholme Fjord limited by Harald Moltke's Glacier (Sermerssuaq),

the ice cap and a straight line between the following two points: 69 ° 10' W,

76° 30' N and 68° 35' W, 76° 18' N, save the area delimited by a line beginning

at the coast south at 76° 325 min N following the watershed to 68° 46' W, 76°

332' N and from there north to a point on the coast on 68° 44' W.

2. It is agreed that, in case of emergency or if performance of a mission makes it necessary,

access to and movement by the Armed Forces of the United States in any of the

portions of the defence areas relinquished in accordance with this and earlier Exchanges

of Notes is authorized subject to the provisions of Article V (3) and Article VI (as

modified in 1986) of the Agreement of April 27, 1951, Concerning the Defence of

Greenland.

His Excellency

Mr. Stuart Alan Bernstein

Ambassador of the United States of America

Copenhagen
It is understood and agreed that the entitlement to priority use by the United States of

facilities in Sondrestrom and Kulusuk shall continue in accordance with Article XV of

the Memorandum of Understanding of March 13, 1991 referenced above.

3. The Danish Liaison Officer at Thule shall be informed immediately, and whenever

possible in advance, of any access or movement in the areas relinquished in accordance

with this and earlier Exchanges of Notes, as authorized therein.

If this proposal is agreeable to the Government of the United States of America, this

Note and Your Excellency's reply to that effect shall constitute a new Technical

Schedule to the Agreement of April 27, 1951, Concerning the Defence of Greenland,

superseding the Technical Schedule contained in the Exchange of Notes of September

29, 1992. It shall enter into force on the date of Your Excellency's reply and remain in

force for the duration of the Agreement of April 27, 1951.

I avail myself of this opportunity to renew to Your Excellency the assurance of my

highest consideration.

Per Stig Moller

Minister for Foreign Affairs
andatI6C12044 tyWIeW/ltikAl OlariteAtiCa

March 12, 2003

Dear Mr. Minister:

I have the honor to refer to your note of February 20, 2003 which

reads as follows:

"I have the honour to refer to Exchanges of Notes of October 14,

1964, May 5, 1965, September 30, 1986, and September 29, 1992,

between our two Governments concerning certain adjustments of the

geographical extension of the defence areas in Greenland made

available to the United States by the Government of Denmark -

pursuant to Article II (3) of the Agreement of April 27, 1951,

Concerning the Defence of Greenland as set forth in Technical

Schedule of March 20, 1958, and the Memorandum of Understanding

of March 13, 1991 between the Government of the United States of

America and the Government of the Kingdom of Denmark (including

the Home Rule Government of Greenland) Concerning Use of

Sondrestrom Aviation Facility, Kulusuk Airfield and Other Matters

Related to United States Military Activities in Greenland.

(1). Following the agreement in the Memorandum of Understanding

of today's date concerning removal of Dundas from the defence

area and discussions between our representatives, I have the

honour to propose that the defence area in Greenland be redefined

as follows:

(1.1). Thule

The defence area of Thule covers the area of the Southern bank of

Wolstenholme Fjord limited by Harald Moltke's Glacier

(Sermerssuaq), the ice cap and a straight line between the

following two points: 69° 10'W, 76° 30'N and 68° 35'W, 76° 18'N,

save the area delimited by a line beginning at the coast south at

76° 325 min N following the watershed to 68° 46'W, 76° 332'N and

from there north to a point on the coast on 68° 44'W.

(2). It is agreed that, in case of emergency or if performance of

a mission makes it necessary, access to and movement by the Armed

Forces of the United States in any of the portions of the defence

areas relinquished in accordance with this and earlier Exchanges

of Notes is authorized subject to the provisions of Article V(3)

and Article VI (as modified in 1986) of the Agreement of April

27, 1951, Concerning the Defence of Greenland.

It is understood and agreed that the entitlement to priority use

by the United States facilities in Sondrestrom and Kulusuk shall

continue in accordance with Article XV of the Memorandum of

Understanding of March 13, 1991 referenced above.
-2-

(3). The Danish Liaison Officer at Thule shall be informed

immediately, and whenever possible in advance, of any access or

movement in the areas relinquished in accordance with this and

earlier Exchanges of Notes, as authorized therein.

If this proposal is agreeable to the Government of the United

States of America, this Note and Your Excellency's reply to that

effect shall constitute a new Technical Schedule to the Agreement

of April 27, 1951, Concerning the Defence of Greenland,

superseding the Technical Schedule contained in the Exchange of

Notes of September 29, 1992. It shall enter into force on the

date of Your Excellency's reply and remain in force for the

duration of the Agreement of April 27, 1951.

I avail myself of this opportunity to renew to Your Excellency

the assurance of my highest consideration."

I confirm that the foregoing proposal is agreeable to the

Government of The United States of America and that your note and

this reply shall constitute a new Technical Schedule to the

Agreement of April 27, 1951, Concerning the Defence of Greenland,

superseding the Technical Schedule contained in the Exchange of

Notes of September 29, 1992, and that it shall enter into force

on the date of this reply and remain in force for the duration of

the Agreement of April 27, 1951.

Accept, Excellency, the renewed assurances of my highest

consideration.

Sincerely,

Stuart Bernstein

His Excellency

Per Stig Moller,

Minister of Foreign Affairs,

The Kingdom of Denmark.