U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–118 

" ! SENATE 

114TH CONGRESS

2d Session 

TREATY DOC. 

2016

114–13 

THE TREATIES WITH THE REPUBLIC OF KIRIBATI 

AND THE GOVERNMENT OF THE FEDERATED 

STATES OF MICRONESIA ON THE DELIMITATION 

OF MARITIME BOUNDARIES 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED 

STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC 

OF KIRIBATI ON THE DELIMITATION OF MARITIME BOUNDARIES, SIGNED AT MAJURO ON SEPTEMBER 6, 2013, AND THE 

TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES 

OF AMERICA AND THE GOVERNMENT OF THE FEDERATED 

STATES OF MICRONESIA ON THE DELIMITATION OF A MARITIME BOUNDARY, SIGNED AT KOROR ON AUGUST 1, 2014 

DECEMBER 9, 2016.—Treaty was read the first time, and together with 

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate 


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LETTER OF TRANSMITTAL 

THE WHITE HOUSE, December 9, 2016. 

To the Senate of the United States: 

I transmit herewith, for the advice and consent of the Senate to 

their ratification, two bilateral maritime boundary treaties: the 

Treaty between the Government of the United States of America 

and the Government of the Republic of Kiribati on the Delimitation 

of Maritime Boundaries, signed at Majuro on September 6, 2013; 

and the Treaty between the Government of the United States of 

America and the Government of the Federated States of Micronesia 

on the Delimitation of a Maritime Boundary, signed at Koror on 

August 1, 2014. I also transmit, for the information of the Senate, 

the report of the Department of State with respect to the treaties. 

The purpose of the treaties is to establish our maritime boundaries in the South Pacific Ocean with two neighboring countries. 

The treaty with Kiribati establishes three maritime boundaries totaling approximately 1,260 nautical miles in length between 

Kiribati and the United States islands of Palmyra Atoll, Kingman 

Reef, Jarvis Island, and Baker Island. The treaty with the Federated States of Micronesia establishes a single maritime boundary 

of approximately 447 nautical miles in length between the Micronesian islands and the United States territory of Guam. The boundaries define the limit within which each country may exercise maritime jurisdiction with respect to its exclusive economic zone and 

continental shelf. 

I believe these treaties to be fully in the interest of the United 

States. They reflect the tradition of cooperation and close ties with 

Kiribati and with the Federated States of Micronesia in this region. 

These boundaries have never been disputed, and the delimitation 

in the treaties conforms closely to the limits the United States has 

long asserted for our exclusive economic zone in the relevant areas. 

I recommend that the Senate give early and favorable consideration to the treaties, and give its advice and consent to ratification. 

BARACK OBAMA. 


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LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, DC, October 28, 2016. 

The PRESIDENT, THE WHITE HOUSE. 

THE PRESIDENT: I have the honor to submit to you, with a view 

to the transmittal to the Senate for its advice and consent to ratification, two bilateral treaties delimiting the maritime boundaries 

between the United States and two Pacific island neighbors, 

Kiribati and the Federated States of Micronesia (FSM). The Treaty 

between the Government of the United States of America and the 

Government of the Republic of Kiribati on the Delimitation of Maritime Boundaries was signed at Majuro on September 6, 2013; and 

the Treaty between the Government of the United States of America and the Government of the Federated States of Micronesia on 

the Delimitation of a Maritime Boundary was signed at Koror on 

August 1, 2014. For the purpose of illustration only, the boundaries 

are depicted on maps attached to the treaties. 

The treaty with Kiribati establishes three maritime boundaries 

in the Pacific with respect to the exclusive economic zone (EEZ) 

and continental shelf generated by various Kiribati islands and by 

each of the U.S. islands of Palmyra Atoll, Kingman Reef, Jarvis Island, and Baker Island. The treaty with FSM establishes a single 

maritime boundary between Guam and several FSM islands. 

Consistent with similar maritime boundary treaties between the 

United States and other countries, these two maritime boundary 

treaties define the limits within which each Party may exercise 

EEZ and continental shelf jurisdiction off the coasts of their respective islands. The three boundaries with Kiribati, taken together, 

are approximately 1,260 nautical miles in length; the boundary 

with FSM is approximately 447 nautical miles in length. The 

boundary lines are established on the basis of equidistance (every 

point on an equidistance line is equal in distance from the nearest 

point on the coastline of each country). Accordingly, with appropriate technical adjustments, each treaty formalizes boundaries 

that have been informally adhered to by the Parties, and that are 

very similar to the existing limit lines of the EEZ asserted by the 

United States for decades and published in the Federal Register. 

Because of improved calculation methodologies and minor coastline 

changes, the four new maritime boundaries in these two treaties 

will result in a small net gain, primarily with respect to the 

Kiribati boundaries, of United States EEZ and continental shelf 

area relative to the existing limit lines of our EEZ. 

The form and content of the two treaties are very similar to each 

other, and to previous maritime boundary treaties between the 


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VI

United States and other Pacific island countries that have entered 

into force after receiving the Senate’s advice and consent. Each of 

the two treaties consists of seven articles. Article I states that the 

purpose of each treaty is to establish the maritime boundary between the two countries. The treaty with Kiribati identifies the relevant United States territory as Palmyra Atoll, Kingman Reef, Jarvis Island, and Baker Island; the treaty with FSM identifies the 

relevant United States territory as Guam. 

Article II of each treaty sets out its technical parameters, stating 

that for the purpose of the treaty the North American Datum 1983 

and the World Geodetic Datum 1984 (‘‘WGS 84’’) are considered 

identical. Further, the article states that, for the purpose of illustration only, the boundary lines have been drawn on maps annexed 

to the treaties. 

Article III lists the turning and terminal points of defining the 

maritime boundaries. In the treaty with Kiribati, this article defines three distinct boundary lines: for the boundary line between 

the United States’ Baker Island and the Kiribati Phoenix Islands 

group, six points are connected by geodesic lines that measure 332 

nautical miles in total; for the boundary line between the United 

States’ Jarvis Island and the Kiribati Line Islands group, ten 

points are connected by geodesic lines that measure 548 nautical 

miles in total; and for the boundary line between the U.S. islands 

of Palmyra Atoll and Kingman Reef and the Kiribati Line Islands 

group, five points are connected by geodesic lines that measure 383 

nautical miles in total. In the treaty with FSM, this article defines 

the single maritime boundary of approximately 447 nautical miles 

with 16 turning and terminal points. 

As has become standard in these agreements, Article IV sets 

forth the agreement of the Parties that, on the opposite side of each 

maritime boundary, each Party will not ‘‘claim or exercise for any 

purpose sovereignty, sovereign rights, or jurisdiction with respect 

to the waters or seabed or subsoil.’’ 

Article V provides that the establishment of the boundaries will 

not affect or prejudice either side’s position ‘‘with respect to the 

rules of international law relating to the law of the sea, including 

those concerned with the exercise of sovereignty, sovereign rights, 

or jurisdiction with respect to the waters or seabed or subsoil.’’ 

Article VI sets forth the agreement of the Parties that any dispute arising from the interpretation or application of the treaty will 

be resolved by negotiation or other peaceful means agreed upon by 

the Parties. Finally, Article VII provides that each treaty will enter 

into force after the Parties have exchanged notes indicating that 

each has completed its internal procedures to bring the treaty into 

force. 

The treaties are self-executing. They do not require implementing legislation. 

I recommend that the two treaties establishing maritime boundaries between the United States and Kiribati, and between the 

United States and FSM, be transmitted to the Senate as soon as 

possible for its advice and consent to ratification. 

Respectfully submitted. 

JOHN F. KERRY. 

Enclosures: As stated. 


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Treaty between 

the Government ofthe United States of America 

and 

the Government of the Republic of Kiribati 

on the 

Delimitation of Maritime Boundaries 

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

Republic of Kiribati (hereinafter the "Parties"); 

Desiring to strengthen the bonds of friendship between the two Parties; 

Recalling the tradition of co-operative relations and close ties between the 

people of the United States of America and the people of the Republic of Kiribati; 

Recalling further the Treaty of Friendship between the United States of 

America and the Republic of Kiribati, signed at Tarawa, September 20, 1979; 

Noting the Fishery Conservation and Management Act of 1976 and the 

Presidential Proclamation No. 5030 of March I 0, 1983, establishing an exclusive 

economic zone for the United States of America; 

Notiilg that the Republic of Kiribati has established an exclusive economic zone 

in accordance with its national laws; 

Desirous of establishing the maritime boundaries between the Ul)ited States of 

America and the Republic of Kiribati, on the basis of equidistanee; 

Have agreed as follows: 

Article I 

The purpose of this Treaty is to establish, in accordance with international law, 

the maritime boundaries between the United States of America (Palmyra Atoll, 

Kingman Reef, Jarvis Island and Baker Island) and the Republic of Kiribati (Kanton, 

McKean, Nikumaroro, Teraina, Tabuaeran, Kiritimati, Malden and Starbuck). 

Article II 

The geodetic and computational bases used to det~rmine the bow1daries are the 

North American Datum 1983 and the World Geodetic Datum 1984 ("WGS 84") which, 

for the purpose of this Treaty, are considered identical. For the purpose of illustration 

only, the boundary lines have been drawn on maps annexed to this Treaty. 

Article III 

The three maritime boundaries between the United States of America and the 

Republic of Kiribati are formed by the geodesic lines connecting the following 

coordinates, which are referenced in the WGS 84 horizontal datum: 

Page 1 of3 
2 


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1. Between Baker Island (t:nited States) and Kanton, McKean, 

Nikumaroro (Kiribati): 

2. Between Palmyra Atoll, Kingman Reef (t:nitcd States) and Teraina, 

Tabuaeran (Kiribati): 

3. Between Jarvis Island (United States) and Teraina, Tabuacran. 

Kiritimati, Malden, Starbuck (Kiribati): 

Article IV 

On the side of each manttme boundary adjacent to the United States of 

America, the Government of the Republic of Kiribati shall not, and on the side of each 

maritime boundary adjacent to the Republic of Kiribati, the Government of the United 

States of America shall not, claim or exercise for any purpose sovereignty, sovereign 

rights, or jurisdiction with respect to the waters or seabed or subsoil. 

Article V 

The maritime boundaries established by this Treaty shall not affect or prejudice 

in any manner either Party's position with respect to the rules of international law 

relating to the law of the sea, including those concerned with the exercise of 

sovereignty, sovereign rights, or jurisdiction with respect to the waters or seabed or 

subsoil. 

Article VI 

Any dispute concerning the interpretation c1r application of this Treaty shall he 

resolved by negotiation or other peaceful means as may be agreed upon by the Parties. 

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3 


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Article VII 

Each Party shall notify the other of the completion of its internal procedures to 

bring this Treaty into force. The Treaty shall enter into force on the later of those 

notifications. 

In witness whereof; the undersigned, being duly authorized by their respective 

Governments, have sig~ed this Treaty. 1U. 

Done at A&!?O , this ~day of September, 2013, in duplicate, 

in the English la g g 

For the Government of the United States For the Government nf the Republic of 

of America: Kiribati: 

Frankie A. Reed 

U.S. Ambassador to Kiribati 

HE Anote Tong 

President 

Page 3 of3 
4 


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------------.. ·--------------·--------- ............. __ _ 

Map I mmexed to the Trea~· 

between the Government of the 

United States of America and 

the Government of the Republic 

of Kiribati on tbc Delimitation 

of Maritime Boundaries 

Htm-!and Island 

Point 

1 

2 

3 

Baker Island 

UNITED 

STATES 

~-· 

1 3 

Latitude Longitude 

3' 01' 15.0" s 177"21l'06.9"W 3' 00' 53.4" s 177' 27' 10.7"W 

2' 56' 48.9" s 177' 17'04.6"W 

VANUA1U 

! SAMOA~:" .... __ (U.S.. 

4 

6 

5 

KIRIBATI 

Kanton 

Nikumaroro ~ ·"·e.- i 4 o· 43' 47.1" s 173' 45' 17.4"W 5 o· 15' 54.e· N 173' 06' 34.7" w 6 o· 16' 46.3" N 173' oa· 03.0" w 0 25 50 100 Nautical Miles 

.. 

WttldGeodetkSyst«m 19U<WG.S341 j' 

!-==---='=' ======~======-=· ==========~-
5 


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United States- Kiribati '":".:~a::,~·~ ~ i Plllll"')'faAtttltU.O.' · D""'""' \ 

Maritime Boundary PAc/F!cocEAN t ~ ............. "'... · .. Map 2 rumexed to the Treaty =~· I, '""'"~~~.:diiJ.si-·- . ..",.": between the Govenunent of the A 

United States of America and ''

80'i::"oo'"•••• · 1 9 

the Government of the Republic 

of Kiribati on the Delimitation 

of Maritime Boundaries 

·=·\_ 

Kingman Reef. 

UNITED 

STATES 

Palmyra Atoll· 

$AMOAA=:n FIJI ~;., (U.S.J 

toNGA ~!('~ 

4 5 

Cool( 

....... 

-(N.Z...)rr.nc:a 

·-..,..-

KIRIBATI 

Teroinn,. 

2 

Point 

1 

2 

3 

4 

5 

0 

Latitude 

2' 39'34.8" N 

3' 56' 06.0" N 

5' 52' 03.0' N 

r 46' tas N 

7' 52' 44.6" N 

25 50 

~Tabuaeran 

Longitude 

163' 03' 53.0" w 162' 11' 14.4" w 160' 47' 48.1" w 159' 25' 30.9" w 159' 19' 52.9" w 

100 Nautical Mites 
6 


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I 

United States - Kiribati ~.:c-=::s "::~~ . .,.., ..... ,f( ••. , 

PalmyraAtol!tUQS. \ Maritime Boundarv P..:~~ctFtc oc£4N • • • J t Howt--lswrut(U..$.1 • 

Map 3 annexed to the Treaty ' • """"'"""""l"·"' · between the Govenm1ent of the h ·I· ·; : .": ..., ., ... .., ... ~ 

United States of America and :F• ""''w " s '' ., ' 

the Gon:mment of the Republic ""'"'" •:::;;n .:;:.;:, 

of Kiribati on the Delimitation •••u•"' \\ 1'1..11 ,. "'·'·' '"

2

'""'"' 

of Maritime Boundaries ·;,. -•• = 

Teraina. 

Tabuaeran ~ 

Point 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

l j 

1 2 

UNITED 

STATES 

Latilude 

1' 58' 59.8" N 

2' 02' 31.6" N 

1' 43'16.3" N 0'45'21.7"N 

o· 16' 35.9" N 

o· 01' 30.1" s 1' 30' 55.4" s 3' 10' 47.0" s 3' 16' 18.3" s 3' 16' 55.3" s 

Jarvis Island. 

Longitude 

162' 22' 43.6" w 161' 38' 46.0"W 

159' 39' 22.2" w 158' 46' 44.3" w 158' 20' 56.3' w 156' 05' 53.7" w 

156' 59' so.s· w 156'11'08.6"W 

158' 18'14.3" w 158'19'01.7"W 

0 25 50 100 Nautical Miles 

t t I t I 

W«ldGcodetic System Ula.t(WG$84) 

n 

3 

4 

e 

G 

~ I' 

Kiritimati 0 

~ 

5 -o 

6 

Kl Rl BAT I 

7 

Malden 

.Starlmck 

. -· .... - -· ··----------
(7) 


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Treaty between 

the Government of the United States of America 

and 

the Government of the Federated States of Micronesia 

on the Delimitation of a Maritime Boundary 

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

Federated States of Micronesia (hereinafter the "Parties"); 

Desiriog to strengthen the bonds of friendship between the two Parties; 

Recalling the tradition of co-operative relations and close ties between the people 

of the United States of America and the people of the Federated States of Micronesia, 

including their relationship of free association under the Compact of Free Association, as 

amended; 

Noting the Fishery Conservation and Management Act of 1976 and the Presidential 

Proclamation No. 5030 of March 10, 1983, establishing an exclusive economic zone for 

the United States of America; 

Noting Article I of the Constitution and Title 18 of the Code of the Federated States 

of Micronesia, establishing an exclusive economic zone for the Federated States of 

Micronesia; · · 

Desirous of establishing the maritime boundary between the United States of 

America and the Federated States of Micronesia, on the basis of equidistance; 

Have agreed as follows: 

Article I 

The pwpose of this Treaty is to establish, in ac:cordance with intmtationallaw, the 

maritime boundary between the United States of America (Guam) and the Federated States 

of Micronesia. 

ArticleD 

The geodetic and computational bases used to determine this boundary are the 

North American Datum 1983 and the World Geodetic System 1984 ("WGS 84") whicb,. 

for the purpose of this Treaty. are considered identical. For the purpose of illustration 

only, the boundary line has been drawn on a map annexed to this Treaty. 

Articleffi 

The maritime boundary between the United States of America and the Federated 

States of Micronesia is formed by the geodesic lines connecting the following coordinstes, 

which are referenced in the WGS 84 horizontal datum: 

Point 

1. 

2. 

3. 

Latitude (North) 

13° 05' 51.5" N 

12" 55' 00.6" N 

12" 33' 14.0" N 

Longitude (East) 

141" 13' 07.5" E 

141"20'49.9"E 

141" 39' 56.5" E 
8 


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4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

11" 37' 33.8" N 

11"10' 41.6"N 

10" 57' 54.8" N 

to• s7' 14.3" N 

11"08'29.1"N 

11" 13' 19.3" N 

11"17'36.6"N 

11" 22' 08.6" N 

u· zs· os.6" N 

11• 31' 12.0" N 

n• 33' 58.8" N 

11"36'5l.l"N 

u• 38' 03.0" N 

Article IV 

142" 28' 23.2" E 

142" 51' 38.2" E 

143" 02' 39.7" E 

143" 28' 21.4" E 

144" 29' 55.2" E 

144" 56' 45.7" E 

145" 23' 45.1" E 

145" 52' 47.4" E 

146" 31' 35.8" E 

146" 52' 07.4" E 

147"11' 37.9" E 

147" 31' 56.6" E 

147" 44' 32.6" E 

On the side of the maritime boundary adjacent to the United States of America, the 

Government of the Federated States of Micronesia shall not, and on the side of the 

maritime boundary adjacent to the Federated States of Micronesia, the Government of the 

United States of America shall not, claim or exen:ise for any purpose sovereignty, 

sovereign rights, or jurisdiction with respect to the waters or seabed or subsoiL 

Article V 

The maritime boundary established by this Treaty sball not affect or prejudice in 

any manner either Party's position with respect to the rules of international law relating to 

the law of the sea, including those concerned with the exercise of sovereignty, sovereign 

rights, or jurisdiction with respect to the wsters or seabed or subsoil. 

Article VI 

Any dispute concerning the interpretation or application of this Treaty shall be 

resolved by negotiation or other peaceful means as may be agreed upon by the Parties. 

Article VII 

This Treaty shall enter into force on the date of the later note in an exchange of 

notes between the Psrties indicating that each Party has completed its internal procedures 

for entry into force. 

IN WITNESS WHEREOF, the undersigned, bemg duly authorized by their 

respective Oovemments, have signed this Treaty. · 

DONEat Kor-t:~r- this ;.t:+ dayof AvjVSt" ,2014,in 

duplicate, in the English language. 

For the Government of the For the Government of the 

;;;;:;;::: ~ 
9 


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United statuFederated Statu ofMicronesia 

Maritboe Boundary 

Map annexed to the Treaty 

between the Government of the 

United States of America and the 

Government of the Federated 

States of Micronesia on the 

Delimitation of a Maritime Boundary 

Philippine Sea 

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