TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1001 

________________________________________________________________________ 

DEFENSE 

 Agreement between the 

UNITED STATES OF AMERICA 

and the UNITED KINGDOM OF 

GREAT BRITAIN AND 

NORTHERN IRELAND 

Signed at Washington October 1, 2003 

 with 

Annex 

 and 

Agreement Amending the Agreement 

Effected by Exchange of Notes at 

Washington August 15 and September 8, 2008 
 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.” 
UNITED KINGDOM OF GREAT BRITAIN 

AND NORTHERN IRELAND 

 Defense 

 Agreement signed at Washington October 1, 2003; 

 Entered into force October 1, 2003. 

 With annex. 

 And agreement amending the agreement. 

 Effected by exchange of notes at Washington 

 August 15 and September 8, 2008; 

 Entered into force September 8, 2008. 
AGREEMENT

BETWEEN

THE GOVERNMENT OF THE

UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE UNITED KINGDOM OF

GREAT BRITAIN AND NORTHERN IRELAND

CONCERNING THE USE OF WIDEAWAKE AIRFIELD ON

ASCENSION ISLAND BY CIVIL AIRCRAFT

NOT ENGAGED IN

SCHEDULED INTERNATIONAL AIR SERVICES

WHEREAS, an agreement was concluded on 25 June 1956

between the Government of the United States of America and

the Government of the United Kingdom of Great Britain and

Northern Ireland (hereinafter referred to as "the two

Governments") concerning the Extension of the Bahamas Long

Range Proving Ground by the Establishment of Additional

Sites in Ascension Island (such Agreement, as amended in

1967 and as supplemented by Exchanges of Notes in 1959,

1962, 1973 and 1985, being hereinafter referred to as "the

Ascension Agreements"); and

WHEREAS, pursuant to the Ascension Agreements, a site

has been provided, and an airfield established, on

Ascension Island (such airfield being hereinafter referred

to as "Wideawake Airfield"); and
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WHEREAS, Article XI(3) of the Agreement of 25 June

1956 provides that "commercial aircraft shall not be

authorised to operate from any of the Sites (save in case

of emergency or for strictly military purposes under the

supervision of the Army, Navy or Air Force Departments)

except in accordance with the provision of any agreement

for the time being in force between the Government of the

United States of America and the Government of the United

Kingdom"; and

WHEREAS, the two Governments desire to arrange for

Wideawake Airfield to be available for use by civil

aircraft not engaged in scheduled international air

services, subject to the terms of this Agreement and

without diminishing or derogating from the rights

established in the Ascension Agreements or the military

missions of the United States and the United Kingdom on

Ascension Island;

NOW THEREFORE, the two Governments have agreed as

follows:

Article I

(Civil Use of Wideawake Airfield)

(1) Wideawake Airfield shall be open for use by civil

aircraft not engaged in scheduled international air .

services (hereinafter referred to as "civil aircraft"), in

accordance with the provisions of the present Agreement and

its Annex, which shall constitute an integral part of this

Agreement.

(2) This Agreement shall regulate the use of

Wideawake Airfield by civil aircraft and by passengers and

crew members travelling on such aircraft.

(3) Activities of the Government of the

United States of America related to the use of Wideawake

Airfield by civil aircraft shall be subject to the

availability of funds and resources and applicable U.S.

laws. The USG shall consult the UKG to the extent that is

reasonably practicable in the light of any proposed or

actual amendment or repeal of such applicable U.S. laws.
(4) Notwithstanding the use of Wideawake Airfield by

civil aircraft under this Agreement, the Government of the

United States will continue to operate Wideawake Airfield

as a military airfield, according to U.S. military

standards and requirements, and civil aircraft use of

Wideawake Airfield pursuant to this Agreement will be

subject to U. S. military operating procedures.

Article II

(General Conditions)

Notwithstanding the provisions of Article IV(2) of the

Agreement of 25 June 1956, civil aircraft shall be entitled

to use of Wideawake Airfield for traffic purposes and nontraffic purposes, subject to the provisions of the present

Agreement and to such regulations, conditions and

limitations consistent with the present Agreement as may be

imposed by the United Kingdom Government ("UKG") or by the

Ascension Island authorities, with prior notice to the

United States Government ("USG").

Article III

(Limitation of Civil Use)

(1) Up to four civil aircraft movements (take off or

landing) shall be permitted at Wideawake Airfield each

week. This number shall be reviewed at least annually and

may be adjusted by mutual written agreement of the two

Governments. The UKG and/or the Ascension Island

authorities shall notify the USG of each incoming flight at

least five days in advance.

(2) Recognising that U.S. and U.K. military missions

shall have priority, the USG military authorities or the

UKG authorities, for military or security reasons, shall

have the right, on a case-by-case basis, to limit or

suspend civil air operations at Wideawake Airfield or to

impose restrictions of a temporary nature or continuing

nature on the use of the Airfield by civil aircraft, but

shall make every reasonable effort to avoid interruption of

civil air operations at the Airfield. Such authorities
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will, to the extent practicable, give prior notice of such

limitation, suspension or restriction.

(3) Except as provided for in paragraph (2) of the

present Article, the authorities exercising administrative

and operational control at Wideawake Airfield shall not

impose any limitation on the use of the Airfield by civil

aircraft in accordance with the provisions of the present

Agreement except insofar as may be necessary for reasons of

safety or in the light of the capacity of, and the

facilities available at, the Airfield. Any such limitation

shall be imposed on a fair and non-discriminatory basis.

Article IV

(Administrative and Operational Control and

Provision of Main Services)

(1) Except as otherwise specifically provided in the

present Agreement, administrative and operational control

of the civil aviation aspects of Wideawake Airfield

operations shall be exercised by the USG military

authorities, the UKG military authorities, and the

Ascension Island authorities, in accordance with agreements

and arrangements made between the USG and UKG. The USG

military authorities, the UKG military authorities and the

Ascension Island authorities may each delegate the

performance of certain services to civilian agencies. Such

delegation shall be without prejudice to the right of the

relevant authorities to resume the performance of such

services at any time and without delay.

(2) Without prejudice to the military missions of the

USG and the UKG, the USG shall provide to the UKG the

following services and commodities for civil aviation to

the extent that these are established and maintained for

U.S. military purposes: airport tower control and approach

control, operational communication and air navigation

services and airfield fire fighting, and crash and rescue

cover. The USG shall give the UKG reasonable prior notice

of any change in the availability of such services and

commodities.
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(3) The meteorological, airfield ground handling and

passenger handling facilities and services, and

supplementary fire fighting, crash and rescue cover,

required by civil aircraft using Wideawake Airfield shall

be provided by or under the direction of the UKG.

(4) The USG military authorities shall maintain those

areas and facilities at Wideawake Airfield for which they

are responsible in operational condition fit for the

military missions of the USG, so long as continuance of

those military missions is required. The USG military

authorities shall notify the UKG authorities of any

material changes in the practices and facilities at

Wideawake Airfield in order for the UKG to discharge its

international obligations with respect to international

civil aviation. Subject to applicable U.S. security

regulations, the USG military authorities shall grant the

UKG and the Ascension Island authorities, at the request of

either, access to the areas of Wideawake Airfield necessary

to confirm whether there have been any material changes in

the practices and facilities at Wideawake Airfield.

(5)(a) The USG shall permit the UKG, the UKG military

authorities, the Ascension Island authorities and civilian

agencies acting for those entities to establish such

facilities as are necessary for civil aviation purposes,

subject to the following subparagraph (b).

(5)(b) Where any buildings or other structures are to

be built for civil aviation purposes in the vicinity . of the

Airfield, the USG military authorities shall be consulted

to ensure that such buildings or structures do not impede

the safe operation of aircraft or the military use of the

Airfield. Any buildings or structures to be built on sites

provided by the UKG to the USG shall be subject to the

agreement of the USG. If the USG withholds its agreement,

the USG shall give sympathetic consideration to any request

from the UKG or the Ascension Island authorities for

reconsideration.
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Article V

(Security and Safety Matters)

(1) Requirements for admission to or departure from

the Island of passengers, crew or cargo on civil aircraft

(including regulations relating to entry, clearance,

aviation security, immigration, passports, customs and

quarantine, or in the case of mail, postal regulations)

shall be the responsibility of the UKG and the Ascension

Island authorities.

(2) Unless the Parties agree otherwise, the provisions

on aviation security in any air services agreement applied

between the USG and the UKG with respect to UK Overseas

Territories shall be incorporated by reference into this

Agreement. With respect to civil aircraft operations

between Wideawake Airfield and third country or UK points,

the UKG shall require that effective measures are taken to

protect aircraft and to inspect the passengers and crew of

such aircraft, and their baggage and carry-on items, as

well as cargo and aircraft stores, prior to and during

boarding or loading.

(3) The USG will, as necessary, assess the adequacy

of security measures to ensure that the use of Wideawake

Airfield by civil aircraft does not adversely affect the

security of U.S. military operations. If additional

security measures are required beyond those that would be

undertaken in the absence of civil aircraft use of

Wideawake Airfield, the USG will notify the UKG of the

costs with the expectation that all such costs are the

responsibility of the UKG. After consultations between the

USG and UKG, if agreement is not reached to the

satisfaction of both Governments, the USG may exercise its

rights in accordance with Article II1(2).

(4) The Ascension Island authorities shall provide

the U.S. commander at Wideawake Airfield a passenger and

crew manifest no less than 48 hours in advance of each

civil aircraft arrival. The Ascension Island authorities

shall also use their best endeavours to obtain from civil

aircraft operators the final passenger and crew manifest

and to provide that final manifest to the U.S. commander as
early as is reasonably practicable in advance of the

aircraft's arrival at Wideawake Airfield. For military or

security reasons the USG may exercise its rights, under

Article IV(2) of the Agreement of 25 June 1956, to deny

consent for access to Wideawake Airfield by particular

visitors.

(5) The USG military authorities shall notify the

Ascension Island authorities of those U.S. facilities and

areas that are off-limits to civil aircraft passengers and

crew for safety or security reasons. The Ascension Island

authorities shall be responsible for notifying the civil

aircraft passengers and crew on their arrival at Wideawake

Airfield of those facilities and areas.

(6) Use of Wideawake Airfield by civil aircraft shall

be subject to compliance with published U.S. military

operating procedures regarding use of Wideawake Airfield

and its flying facilities. The USG shall provide such

local operating procedures to the UKG for dissemination to

the civil aircraft operators.

Article VI

(Costs)

(1) All costs to the USG attributable to or arising

from civil aircraft use pursuant to the Agreement shall be

borne by the UKG, in accordance with the Annex to this

Agreement.

(2) Payments by the UKG to the USG pursuant to

paragraph (1) of this Article shall be made in accordance

with the Annex to the Agreement.

Article VII

(Liability)

(1) The UKG shall assume all liability that may arise

against the USG and its officers, agents, and employees, as

well as USG contractors and their officers, agents, and

employees, for loss, damage, injury, or death arising out
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of the use of Wideawake Airfield by civil aircraft or the

presence of civil aircraft passengers or crew at the

Airfield under this Agreement, including but not limited to

liabilities connected with the provision of services

(including fire fighting, crash, and rescue) or commodities

under this Agreement and any liabilities for loss in

connection with the limitation, suspension, restriction or

cancellation of civil air operations for any reason.

(2)(a) The UKG agrees that, at the request of the USG,

it shall defend and hold harmless the USG and its officers,

agents, and employees, as well as USG contractors and their

officers, agents, and employees, against all claims for

loss, damage, injury, or death sustained by any individual

or corporation or other entity and arising out of the use

of Wideawake Airfield by civil aircraft or the presence of

civil aircraft passengers or crew at the Airfield under

this Agreement, including but not limited to the provision

of services (including fire fighting, crash, and rescue) or

commodities under this Agreement and the limitation,

suspension, restriction or cancellation of civil air

operations for any reason. The UKG further agrees that, if

the USG does not so request, the UKG shall indemnify the

USG and its officers, agents, and employees, as well as USG

contractors and their officers, agents, and employees,

against all such substantiated claims, as well as the

reasonable costs of defending against such claims.

(2)(b) In the event the USG defends against a claim,

the USG shall consult the UKG before reaching any agreement

with the claimants or paying such claim and throughout any

related litigation or claims proceedings. In the event the

USG defends against a claim, it shall conduct such defense

until the claim is disposed of through settlement, final

judgement, or otherwise. In the event the USG requests the

UKG to defend against a claim, the UKG shall consult the

USG before reaching any agreement with the claimants or

paying such claim and throughout any related litigation or

claims proceedings.

(3) The USG shall not be liable for any damage to

disabled aircraft removed from the runway.
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Article VIII

(Consultation)

Either Government may at any time request

consultations on the implementation, interpretation,

application, operation or amendment of this Agreement.

Such consultations shall begin within a period of 60 days

from the date the other Government receives a written

request, unless otherwise agreed by the two Governments.

Article IX

(Amendments, Implementing Arrangements, Interpretation)

(1) Amendments to this Agreement shall be made by

written agreement of the two Governments.

(2) Implementing arrangements may be made from time

to time as required.

(3) In case of conflict between this Agreement and

any implementing arrangements, this Agreement shall

prevail. In case of conflict between the provisions of

this Agreement and the Ascension Agreements, the Ascension

Agreements shall prevail.

Article X

(Entry into Force and Duration)

This Agreement shall enter into force upon the date of

its signature by the two Governments. It shall remain in

force for a period of five years provided that the

Agreement of 25 June 1956 remains in force, and may be

extended by agreement of the two Governments. Either

Government may terminate this Agreement at any time upon

one year's written notice provided to the other Government.




British Embassy

Washington DC

15 August 2008

NOTE No. 57/2008

Her Britannic Majesty's Embassy presents their compliments to the Department of State of

the Government of the United States of America and has the honour to refer to the Agreement

between the Government of the United Kingdom of Great Britain and Northern Ireland and the

Government of the United States of America concerning the use of Wideawake Airfield on Ascension

Island by Civil Aircraft not engaged in Scheduled International Air Services ("the Agreement"),

hich was signed and entered into force on 1 October 2003.

The Embassy has the honour to propose, pursuant to Article X, that the Agreement shall

continue in force for a further period of five years.

The Embassy has the further honour to propose, following discussions between

representatives of our Governments. that our Governments agree that civil aircraft not engaged in

scheduled air services which are permitted to designate Wideawake Airfield as an alternative

aerodrome for the purposes of flight operations, but which do not actually land at the Airfield, are

allowed under the Agreement but do not count towards the four civil aircraft movements provided for

in Article 111(1) (Limitation of Civil Use) of the Agreement.

If these proposals are acceptable to the Government of the United States of America, the

Embassy has the honour to propose that this Note, and the Department of State's reply. shall together

constitute an agreement between the Parties which shall enter into force on the day of the Department

of State's reply.

The Embassy avail themselves of this opportunity to renew to the Department of State the

assurance of their highest consideration.
The Department of State acknowledges receipt of note No. 57:2008

dated August 15, 20,08, from the British Embassy relating to the Agreement

between the Government of the United Kingdom of Great Britain and

Northern Ireland and the Government of the United States of America

concerning the use of Wideawake Airfield on Ascension Island by Civil

Aircraft not engaged in Scheduled International Air Services which was

signed and entered into force on October 1, 2003, which reads as follows:-

"Her Britannic Majesty's Embassy presents their compliments

to the Department of State of the Government of the United States

of America and has the honor to refer to the Agreement between the

Government of the United Kingdom of Great Britain and Northern

Ireland and the Government of the United States of America

concerning the use of Wideawake Airfield on Ascension Island by

Civil Aircraft not engaged in Scheduled International Air Services

("the Agreement"), which was signed and entered into force on 1

October 2003.

The Embassy has the honor to propose, pursuant to Article X.

that the Agreement shall continue in force for a further period of five

years.

DIPLOMATIC NOTE