TREATIES AND OTHER INTERNATIONAL ACTS SERIES 16-606.1

________________________________________________________________________

DEFENSE

Facilities

Agreement between the

UNITED STATES OF AMERICA

and the UNITED KINGDOM OF 

GREAT BRITAIN AND 

NORTHERN IRELAND

Effected by Exchange of Notes at

Washington June 6, 2016

with

Attachment and Annex
 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: Facilities

 Agreement effected by exchange of notes at Washington

 June 6, 2016;

 Entered into force June 6, 2016;

 With effect from September 30, 2014.

 With attachment and annex.
O=t I 


The Department ofState refers the British Embassy to the Agreement 

Between the Government ofthe United States ofAmerica and the Government of 

the United Kingdom ofGreat Britain and Northern Ireland Concerning the 

Extension ofthe Bahamas Long Range Proving Ground by the Establishment of 

Additional Sites in Ascension Island, done on June 25, 1956, as amended in 1967 

and supplemented by Exchanges ofNotes in 1959, 1962, 1973, and 1985. 

On behalfofthe Government ofthe United States ofAmerica, the 

Department ofState, following discussions between representatives ofour two 

Governments, proposes an Agreement Between the Government ofthe 

United States ofAmerica and the Government ofthe United Kingdom of 

Great Britain and Northern Ireland Concerning the Use ofWideawake Airfield on 

Ascension Island by Civil Aircraft (Air Links and Alternate Aerodrome 

Agreement), in the terms set out in the attachment to this Note. 

Ifthis proposal is acceptable to the Government ofthe United Kingdom of 

Great Britain and Northern Ireland, the Department ofState further proposes that 

this Note, with its attachment, and the Embassy's affirmative reply, shall together 

constitute an agreement between the two Governments, which shall enter into force 

on the date ofthe Embassy's Note, with effect from September 30, 2014, shall 

OIPLOMATIC NOTE 
-2­

remain in force for a period ofseven years, and may be terminated at any time by 

either Government upon one year's written notice provided to the other 

Government. 

Department ofState, 

Washington, June 6, 2016. 
Proposed UK Response Note 

Her Britannic Majesty's Embassy presents its compliments to the 

Department ofState ofthe Government ofthe United States ofAmerica and has 

the honour to acknowledge receipt ofthe Department's Note number [xx], dated · 

[xx], proposing an Agreement Between the Government ofthe United States of 

America and the Government ofthe United Kingdom ofGreat Britain and 

Northern Ireland Concerning the Use ofWideawake Airfield on Ascension Island 

by Civil Aircraft (Air Links and Alternate Aerodrome Agreement), which reads as 

follows: 

(repeat U.S. note in its entirety] 

The Embassy has the honor to confirm that the abovementioned proposal is 

acceptable to the Government ofthe United Kingdom ofGreat Britain and 

Northern Ireland and that the Department's Note, with its attachment, and this 

Note in reply shall together constitute an agreement between the two Governments, 

which shall enter into force on the date ofthis Note, with effect from September 

30, 2014, shall remain in force for a period offive years, and may be terminated at 

any time by either Government upon one year's written notice provided to the 

other Government. 
-2­

(complimentary cl~ing) 
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 WIDEA WAKE AIRFIELD ON 


ASCENSION ISLAND BY CIVIL AIRCRAFT (AIR LINKS AND ALTERNATE 


AERODROME AGREEMENT) 


WHEREAS, an agreement was concluded on June 25, 1956, between the Government of the 

United States of America and the Government of the United Kingdom ofGreat 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 l 985, 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 

WHEREAS, Article XI(3) of the Agreement of June 25, 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 ofany 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 certain civil aircraft, subject to the terms of this Agreement and without 

diminishing or derogating from the rights established in the Ascension Agreements or the 

military missions ofthe 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) 


(l)(a) In accordance with the provisions of this Agreement and its Annex, which shall 

constitute an integral part of this Agreement, Wideawake Airfield shall be open for use by 

civil aircraft engaged in the following air services: 

(i) Scheduled and non-scheduled domestic commercial air services between 

Ascension and St. Helena, as defined in sub-paragraph (l)(b); and 

(ii) Scheduled international and non-scheduled international air services departing 

from or destined for St. Helena, if it is either impossible or inadvisable for the aircraft 

in question to proceed to or land at the aerodrome of intended landing and the 

operator of the aircraft has in advance selected Wideawake Airfield as an alternate 

aerodrome for the purposes offlight operations. 

(l)(b) "Commercial air services" means air services provided by a carrier that transports 

passengers, cargo, or mail for remuneration or hire and offers its services to the general 

public. 

(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 ofthe Government ofthe United States ofAmerica (USG) 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 United Kingdom Government 

(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 USG 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 shall be subject to U.S. military operating procedures. 

Article II 


(General Conditions) 


Notwithstanding the provisions of Article IV(2) of the Agreement of June 25, 1956, civil 

aircraft shall be entitled to use of Wideawake Airfield for traflic purposes and non-traffic 

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 

UKG or by the Ascension Island authorities, with prior notice to the USG. 

Article III 


(Limitation of Civil Use) 


(l)(a) Up to four civil aircraft movements (takeoff or landing) shall be permitted at 

Wideawakc Airfield each week. This number shall be reviewed at least annually and may be 

adjusted by mutual written agreement of the two Governments. UKG and/or the Ascension 

Island authorities shall notify the USG of each incoming flight and each flight for which 

Wideawake Airfield is selected as an alternate aerodrome at least five days in advance. 

(l)(b) Civil aircraft for which Wideawake Airfield is selected as an alternate aerodrome for 

the purposes of flight operations under this Agreement but which do not actually land at the 

Airfield do not count towards the four civil aircraft movements provided for in sub-paragraph 

(1 )(a). 
(2) Recognising that USG and UKG military missions shall have priority, USG military 

authorities or 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 shall, 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 this 

Agreement except insofar as may be necessary for reasons of safety or security, 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 this Agreement, administrative and 

operational control of the civil aviation aspects of Wideawake Airfield operations shall be 

exercised by USG military authorities, UKG military authorities, and the Ascension Island 

authorities, in accordance with agreements and arrangements made between the USG and 

UKG. USG military authorities, 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 UKG, the USG shall 

provide to UKG the following services and commodities for civil aircraft 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 

firefighting, and crash and rescue cover. The USG shall give UKG reasonable prior notice of 

any change in the availability of such services and commodities. 
(3) The meteorological, airfield ground handling and passenger handling facilities and 

services, and supplementary firefighting and crash and rescue cover required by civil aircraft 

using Wideawake Airfield shall be provided by or under the direction of UKG. 

(4) 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. USG military 

authorities shall notify UKG authorities of any material changes in the practices and facilities 

at Wideawake Airfield in order for UKG to discharge its international obligations with 

respect to international civil aviation. Subject to applicable U.S. security regulations, USG 

miliu.ry authorities shall grant 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. 

(S)(a) The USG shall permit UKG, UKG military authorities, the Ascension Island 

authorities, and civilian agencies acting for those entities to establish such facilities as are 

necessary for civil aircraft, subject to the following sub-paragraph (S)(b). 

(S)(b) Where any buildings or other structures are to be built for civil aircraft in the vicinity 

of the Airfield, 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 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 UKG or the Ascension Island authorities for 

reconsideration. 

Article V 


(Security and Safety Matters) 


(I) 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 ofUKG 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 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, 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, in accordance with UKG's obligations under 

relevant international treaties, in particular the Convention on International Civil Aviation, 

done at Chicago December 7, 1944 (the "Convention"), and shall act in conformity with the 

aviation security standards and appropriate recommended practices established by the 

International Civil Aviation Organization and designated as Annexes to the Convention. 

(3) The USG shall, 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 shall notify 

UKG of the costs with the expectation that all such costs are the responsibility ofUKG. 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 III(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 the expected 

arrival of each civil aircraft destined for Ascension Island and as soon as any flight for which 

Wideawake Airfield is selected as an alternate aerodrome departs from its point of origin. 

The Ascension Island authorities shall also use their best efforts 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 June 25, 1956, to deny consent for access to Wideawake 

Airfield by particular visitors. 

(5) 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 UKG for 

dissemination to the civil aircraft operators. 

Article VI 

(Costs) 

(I) All costs to the USG attributable to or arising from civil aircraft use pursuant to this 

Agreement shall be borne by UKG, in accordance with the Annex to this Agreement. 

(2) Payments by UKG to the USG pursuant to paragraph (I) ofthis Article shall be made 

in accordance with the Annex to this Agreement. 

Article VII 

(Liability) 

(I) 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 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 

firefighting, crash, and rescue) or commodities under this Agreement and any liabilities for 

loss in connection \vith the limitation, suspension, restriction, or cancellation of civil air 

operations for any reason. 

(2)(a) 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 firefighting, 

crash, and rescue) or commodities under this Agreement and the limitation, suspension, 

restriction, or cancellation of civil air operations for any reason. UKG further agrees that, if 

the USG does not so request, 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 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 judgment, or 

otherwise. In the event the USG requests that UKG defend against a claim, 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. 

Article Vlll 

(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) 


( l) 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 ofconflict between the provisions ofthis Agreement and the 

Ascension Agreements, the Ascension Agreements shall prevail, except as provided in 

Article II of this Agreement 
Cost Annex 

This Annex is attached to and forms an integral part of the Agreement Between the 

Government of the United States of America and the Government ofthe United Kingdom of 

Great Britain and Northern Island Concerning the Use of Wideawake Airfield on Ascension 

Island by Civil Aircraft (this Agreement). 

In accordance with the provisions ofthis Agreement, the Government of the United Kingdom 

of Great Britain and Northern Island (hereinafter "UKG") agrees to reimburse the 

Government of the United States of America (hereinafter the "USG") for all costs to the USG 

attributable to or arising from civil aircraft use at Wideawake Airfield in accordance with the 

provisions below. 

1. 	 UKG shall pay the USG a fee in the sum of One Thousand Nine Hundred U.S. 

Dollars ($ J,900.00) for each movement (a movement is either a landing or a take-oft) 

at Wideawake Airfield for the purpose of reimbursing USG costs attributable to or 

arising from the provision of requested services and commodities pursuant to this 

Agreement. UKG shall maintain an accounting of all such movements and, by the 

tenth day of the month following each calendar quarter, shall pay to the controller, 

45th space wing, $1,900.00 for each such movement by civil aircraft at Wideawake 

Airfield during the previous three months. The per movement fee shall be revised six 

(6) months after the initiation of such use, and annually thereafter, and at such other 

times as either Government may request. Such review shall determine whether the per 

movement fee reimburses or exceeds USG costs attributable to or arising from the 

provision of requested services and commodities pursuant to this Agreement and 

whether the fee should be increased or decreased accordingly. In the event that 

agreement cannot be reached between the USG and UKG on the fee amount within 

forty (40) days after the commencement of discussions pursuant to such a review, the 

fee proposed by the USG shall apply to UKG in the interim without prejudice to the 

final determination of the fee amount. If the interim fee charged to UKG by the USG 

is more than the fee finally determined between the two Governments, the USG shall 

credit UKG the difference in amounts. Notwithstanding Article IX( I) of this 

Agreement, changes to the per movement fee established in this paragraph may be 

made by such means as may be agreed between the USG and UKG. Aircraft landings 

pursuant to this Agreement will be suspended until an agreement on the fee can be 

reached. 

2. 	 UKG shall reimburse the USG for the proportionate share of the costs of any 

refurbishment ofthe runway at Wideawake Airfield in accordance with the following 

formula: 

Between refurbishments, the total amount of All up Weight of landings by civil 

aircraft divided by the total All up Weight of landings by all aircraft equals the 

proportion of use against the runway refurbishment costs. "All up Weight" is defined 

as the maximum total weight ofthe aircraft and its contents at which the aircraft may 

take off anywhere in the world in the most favourable circumstances in accordance 
with the Certificate of Airworthiness, or a military equivalent, in force in respect of 

the aircraft. 

The USG shall consult with UKG before undertaking such refurbishment. 

3. 	 UKG shall reimburse the USG for the repair or replacement of any USG property 

damaged at Wideawake Airfield that is specifically attributed to or arising from civil 

aircraft use of Wideawake Airfield, pursuant to this Agreement. The USG shall 

consult with UKG before undertaking such repairs, except in the case of bona fide 

emergency repairs. 

4. 	 The USG may, at its option, remove disabled civil aircraft that are obstructing the use 

of Wideawake Airfield, and the costs incurred in connection with such removal shall 

be reimbursed by UKG. 

5. 	 UKG shall reimburse the USG for any other USG costs for services and commodities 

that are requested by UKG and provided by the USG, or provided by the USG on an 

emergency basis for civil aircraft use at Wideawake Airfield, which are not covered in 

paragraphs 1 to 4. 
.'.\!ote no. 069/2016 

The Embassy ofthe United Kingdom of Great Britain and Northern Ireland presents its 

compliments to the United States Department of State, and has the honour to acknowledge 

receipt of the Department·s Note number C i' , dated <· ~; ,;._,_~ '· '~ , proposmg an 

Agreement Betw1:en the Government of the Lnited States of America and the Government ofthe 

linitcd Kingdom ofGreat Britain and Northern Ireland Concerning the Lise of Wideawake Airfield on 

Ascension Island by Civil Aircraft (Air Links and Alternate Aerodrome Agreement), \~hich reads as 

follows: 

The Departmem ofState refers the British Embas!;y to the Agreement Bet1n!en the Government ofthe 

United State5 alAmerica and the Government qfthe United Kingdom ofGreal Britain and Northern 

Ireland Concerning the Extension ofthe Bahamas /,on!( RanRe Proving Ground hy the Establishment 

ofAdditional Sites in Ascension ls/and, done on June 25, 1956, as amended m IY67 and supplememed 

hy Exchanges vf1\'otes in 1959, l'J62. 1973, and 1985. 

On bclwlfofthe Government ofthe United States ofAmerica. the Department ofStale. following 

discussiom. bettreen representatives qfour two Governments, proposes au Agreement Bern:ee111he 

Governmel1t ofthe United States ofAmerica and the Government ofthe United Kingdom ofGreat 

Briwin and Northern Ireland Concerning 1he Use ofWideawake Airfield on A.~ce11siu11 Island by Civil 

Aircrqfi (Air Links andAlternate Aerodrome Agreement). in 1he terms set out in the attachment ro this 

]Vote. 

~f this proposd is acceplable lo the Government ofthe United Kingdom ofGn!at Britain and }/orthern 

Ireland. !he Department (!fStale further prop(lses that this Note, with its aTiachment. and the 

Embassy's affirmative rep(v. shall together constitute an agret'ment between the two Governme111s, 

which shall enter intofhrce on the date rif the Embassy's Note, with e.ffecrfrom September 30. 2014, 

shall remain in ftirce.for a period <~(seven years. and may be terminated al any time by either 

Guver11men1 upon one year's written notice provided to the other Government. 

The Embassy has the honour to confirm that the abovementioned proposaJ is acceptable to the 

Government of the United Kingdom ofGreat Britain and l'orthem Ireland and 1hat the Department's 

Nole, with its attachment, and this Note in reply shall together constitute an agreement between the 

two Governments, which shall enter into force on the date ofthis Note. with effect from September 30, 

2014, shall remain in force for a period of seven years, and may be terminated at any time by either 

Government upon one year's written notice provided to the other Government. 
The Embassy ofthe Cnited Kingdom of Great Britain and Northern Ireland avails itself ofthis 

opportunity to renew to the United States Department of State the assurances ofits highest 

consideration. 

Washington D.C. 

June2016