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Source: Treaties and Other International Acts Series (TIAS) 11448
Agreement Between the
UNITED STATES OF AMERICA
and the
UNION OF SOVIET SOCIALIST REPUBLICS
Signed at Jackson Hole
September 23, 1989
AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS
CONCERNING THE BERING STRAITS REGIONAL COMMISSION
The Government of the United States of America and the Government of the Union of Soviet Socialist Republics;
Desiring to promote cooperation in the Bering Straits Region; and
Desiring to provide a mechanism for resolving minor disputes at the local level;
Have agreed to create the Bering Straits Regional Commission (hereinafter Commission) for the settlement of local minor incidents which shall be established and function as follows:
1. The Commission shall be composed of three U.S. and three Soviet members. The Government of the United States of America and the Government of the Union of Soviet Socialist Republics shall each appoint three Commissioners, and each designate one of them as the Chief Commissioner.
2. The Commissioners shall cooperate in performing the duties arising from this Agreement and shall maintain direct working contacts with a view to resolving expeditiously matters which arise within their jurisdiction under this Agreement .
1. The official seats and districts of operation of the Chief Commissioners shall be as follows:
On the part of the United States of America, the Chief Commissioner shall have a permanent seat in Gambell and Nome. The district of operation shall be the Nome and Kobuk census areas of Alaska.
On the part of the Union of Soviet Socialist Republics, the Chief Commissioner shall have a permanent seat in Provideniya and Anadyr. The district of operation shall be the lultinskiy Rayon, Providenskiy Rayon, and Chukotsky Rayon, as well as the eastern part of the Anadyrskiy Rayon, bounded on the south by the Anadyr River and on the west by the Tanyurer River, including Anadyr (Chukotsky Autonomous Okrug).
2. Each Party shall communicate the names of the Commissioners to the other Party through diplomatic channels.
1. The Commission shall:
Such emergency services may include:
2. The Commission shall refer any incident where there is a dispute over the location of the maritime boundary for resolution through diplomatic channels.
1. Persons who have been detained for unintentionally crossing into the territory of the other Party without the permission of that Party or other lawful basis, shall be returned as soon as possible to the Commissioners or appointed representative of the Party from whose territory they have crossed.
2. Vessels, means of conveyance, floats, hunting and fishing gear, and other articles in the possession of the detained person shall be returned at the same time such person is returned.
3. The Commission shall decide on the procedure and designated meeting points for the return of persons and property referred to in paragraphs 1, 2, and 5 of this article.
4. The Commissioners shall not refuse to accept the persons returned.
5. Questions concerning the return of persons who have intentionally crossed into the territory of the other Party without the permission of that Party or other lawful basis, which cannot be handled directly by the Commission shall be dealt with through diplomatic channels.
1. Chief Commissioners may, at their discretion, refer any matter of particular importance for settlement through diplomatic channels.
2. All incidents of particular gravity, such as homicide, serious bodily harm, or unauthorized overflight, shall in every case be referred for settlement through diplomatic channels.
3. Incidents which cannot be settled by agreement of the Commission shall be settled through diplomatic channels. In such cases, the Commission shall make the necessary inquiries into the incident and register the results in a joint record.
4. The Commission shall undertake activities in settlement of local incidents and record them in the record.
5. When incidents are referred for settlement through diplomatic channels, Commissioners shall, at the direction of their Governments, cooperate in providing relevant information.
Commissioners shall provide information to visitors concerning procedures available for the settlement of claims. Commissioners shall not be held liable, and shall not be involved in, the settlement of matters relating to claims for compensation for damages.
Each Party will fund its own expenses for activities pertinent to this Agreement.
1. Periodic meetings will be scheduled by the Commissioners. Additional meetings may take place at the request of a Commissioner. The agenda of a meeting shall be settled by means of preliminary discussions or by correspondence. Items not on the agenda may be dealt with by mutual consent.
2. The Commission shall keep a record of each meeting which shall briefly indicate the proceedings of the meeting and actions taken at the meeting. The record shall be in the English and Russian languages, with each text considered as equally authentic.
3. Location of meetings shall alternate between the United States of America and the Union of Soviet Socialist Republics.
4. Commissioners may enter into the territory of the other Party for the purpose of attending Commission meetings by giving appropriate notification to the other Party's Chief Commissioner. The documents authorizing such visits are:
For the U.S.S.R. Commissioners, a Soviet passport or identification document and written authorization issued by the chief of the U.S.S.R. Border Troops;
For the U.S. Commissioners, a U.S. passport and written authorization of the U.S. Department of State.
Commissioners shall inform each other as soon as possible of actions taken in accordance with the decisions adopted at a meeting.
1. The Commission shall decide on the procedure for the exchange of official correspondence.
2. Official correspondence shall be accepted at any time of day or night, including holidays and other non-working days.
3. Communications and logistics capabilities of agencies of the Parties, including the U.S. Coast Guard and the U.S.S.R. Border Troops, may be utilized in furtherance of this Agreement.
4. For the purpose of implementing this Agreement, the Chief Commissioner may bring to the meetings an assistant and an interpreter, who shall be entitled to enter the territory of the other Party with at least ten days prior notification to the other Party's Chief Commissioner. The documents authorizing the visit by an assistant and an interpreter shall be a passport or identification document and written authorization issued by the Chief Commissioner identifying the person as an assistant or interpreter. Such persons shall depart with the Commissioner.
5. The crew of the aircraft or vessel transporting the Commissioners to a meeting may disembark the aircraft or vessel and remain in the place designated by the Chief Commissioner of the Party hosting the meeting until the meeting is concluded. The crew shall depart with the aircraft or vessel transporting the Commissioners. The documents authorizing crew disembarkation shall be a passport or identification document and written authorization issued by their Chief Commissioner identifying the person as a crew member.
1. Nothing in this Agreement shall prejudice the ongoing maritime boundary negotiations between the two Parties or any agreements or understandings resulting from those discussions.
2. Nothing in this Agreement shall derogate in any way from the rights and obligations provided for in other agreements between the Parties.
1. This Agreement shall enter into force on the date the Parties exchange diplomatic notes notifying each other that necessary internal procedures have been completed.
2. This Agreement shall remain in force unless terminated by either Party upon six months' advance written notice to the other Party of its intention to terminate this Agreement.
3. This Agreement may be amended by written agreement between the Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at Jackson Hole, Wyoming, in duplicate, in the English and Russian languages, both texts being equally authentic, this 23rd day of September 1989.
| FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: James A. Baker III |
FOR THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS: Eduard Shevardnadze |
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