Convention between the United States of America and Great Britain delimiting the boundary between the Philippine archipelago and the State of North Borneo [1930]

Convention Between the United States of America and Great Britain
Delimiting the Boundary Between the Philippine Archipelago and the State
of North Borneo [1930]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS a convention between the United States of America and His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, delimiting definitely the boundary between the Philippine Archipelago (the territory acquired by the United States of America by virtue of the treaties of December 10, 1898, and November 7, 1900, with Her Majesty the Queen Regent of Spain) and the State of North Borneo which is under British protection, was concluded and signed by their respective Plenipotentiaries at Washington on the second day of January, one thousand nine hundred and thirty, the original of which convention is word for word as follows:

The President of the United States of America and His Majesty the King of Great Britain,  Ireland and the British Dominions beyond the Seas, Emperor of India.

Being desirous of delimiting definitely the boundary between the Philippine Archipelago (the territory acquired by the United States of America by virtue of the Treaties of December 10, 1898, and November 7, 1900, with Her Majesty the Queen Regent of Spain) and the State of North Borneo which is under British protection.

Have resolved to conclude a Convention for that purpose and have appointed as their plenipotentiaries:

The President of the United States of America,
Henry L. Stimson, Secretary of State of the United States; and
His Majesty the King of Great Britain, Ireland and the British Dominions beyond
the Seas, Emperor of India,
For Great Britain and Northern Ireland:
The Right Honorable Sir Esme Howard, G.C.B., G.C.M.G., C.V.O., His Majesty’s
Ambassador Extraordinary and Plenipotentiary at Washington;
Who, having communicated to each other their respective full powers found in good and due form have agreed upon and concluded the following Articles:

ARTICLE I

It is hereby agreed and declared that the line separating the islands belonging to the Philippine Archipelago on the one hand and the islands belonging to the State of North Borneo which is under British protection on the other hand shall be and is hereby established as follows:

From the point of intersection of the parallel of four degrees forty-five minutes (4°45′) north latitude and the meridian of longitude one hundred twenty degrees (120° 0) east of Greenwich, (being a point on the boundary defined by the Treaty between the United States of America and Spain signed at Paris, December 10, 1898), a line due south along the meridian of longitude one hundred twenty degrees (120° 0′) east of Greenwich to its point of intersection with the parallel of four degrees twenty-three minutes (4° 23) north latitude;

thence due west along the parallel of four degrees twenty-three minutes (4° 23) north latitude to its intersection with the meridian of longitude one hundred nineteen degrees (119° 0′) east of Greenwich;

thence due north along the meridian of longitude one hundred nineteen degrees (199°0′) east of Greenwich to its intersection with the parallel of four degrees forty-two minutes (4°42″)  north latitude;

thence in a straight line approximately 45° 54′ true (N 45° 54′ E) to the intersection of the parallel of five degrees sixteen minutes (5° 16′) north latitude and the meridian of longitude one hundred nineteen degrees thirty-five minutes (119° 35′) east of Greenwich;

thence in a straight line approximately 314° 19′ true (N 45° 41′ W) to the intersection of the parallel of six degrees (6° 0′) north latitude and the meridian of longitude one hundred eighteen degrees fifty minutes (118° 50′) east of Greenwich;

thence due west along the parallel of six degrees (6° 0′) north latitude to its intersection with the meridian of longitude one hundred eighteen degrees twenty minutes (118° 20′) east of Greenwich;

thence in a straight line approximately 307° 40′ true (N 52° 20′ W) passing between Little Bakkungaan Island and Great Bakkungaan Island to the intersection of the parallel of six degrees seventeen minutes (6° 17′) north latitude and the meridian of longitude one hundred seventeen degrees fifty-eight minutes (117°58′) east of Greenwich;

thence due north along the meridian of longitude one hundred seventeen degrees fifty-eight minutes (117° 58′) east of Greenwich to its intersection with the parallel of six degrees fifty-two minutes (6° 52′) north latitude;

thence in a straight line approximately 315° 16′ true (N 44° 44′ W) to the intersection of the parallel of seven degrees twenty-four minutes forty-five seconds (7° 24′ 45″) north latitude with the meridian of longitude one hundred seventeen degrees twenty-five minutes thirty seconds (117° 25′ 30″) east of Greenwich;

thence in a straight line approximately 300° 56′ true (N 59° 4′ W) through the Mangsee Channel between Mangsee Great Reef and Mangsee Islands to the intersection of the parallel of seven degrees forty minutes (7° 40′) north latitude and the meridian of longitude one hundred seventeen degrees (117° 0′) east of Greenwich, the latter point being on the boundary defined by the Treaty between the United States of America and Spain signed at Paris, December 10, 1898.

ARTICLE II

The line described above has been indicated on Charts Nos. 4707 and 4720, published by the United States Coast and Geodetic Survey, corrected to July 24, 1929, portions of both charts so marked being attached to this treaty and made a part thereof. It is agreed that if more accurate surveying and mapping of North Borneo, the Philippine Islands, and intervening islands shall in the future show that the line described above does not pass between Little Bakkungaan and Great Bakkungaan Islands, substantially as indicated on Chart No. 4720, the boundary line shall be understood to be defined in that area as a line passing between Little Bakkungaan and Great Bakkungaan Islands as indicated on the chart, said portion of the line being a straight line approximately 307° 40′ true drawn from a point on the parallel of 6° 0′ north latitude to a point on the meridian of longitude of 117° 58′ east of Greenwich.

It is likewise agreed that if more accurate surveying and mapping shall show that the line described above does not pass between the Mangsee Islands and Mangsee Great Reef as indicated on Chart No. 4720, the boundary shall be understood to be defined in that area as a straight line drawn from the intersection of the parallel of 7° 24′ 45″ north latitude and the meridian of longitude of 117° 25′ 30″ east of Greenwich, passing through Mangsee Channel as indicated on attached Chart No. 4720 to a point on the parallel of 7° 40′ north latitude.

ARTICLE III

All islands to the north and east of the said line and all islands and rocks traversed by the said line, should there be any such, shall belong to the Philippine Archipelago and all islands to the south and west of the said line shall belong to the State of North Borneo.

ARTICLE IV

The provisions of Article 19 of the Treaty between the United States of America, the British Empire, France, Italy, and Japan limiting naval armament, signed at Washington on February 6, 1922, shall, so long as that Treaty remains in force, apply in respect of all islands in the Turtle and Mangsee Groups which are or may be deemed to be comprised within the territories of the Philippine Archipelago on the one hand and of the State of North Borneo on the other hand in consequence of the establishment of the line fixed by the preceding articles of the present Convention. In the event of either High Contracting Party ceding, selling, leasing or transferring any of the islands in question to a third party provision shall be made for the continued application to such island of the aforementioned Article 19 of the Treaty between the United States of America, the British Empire, France, Italy and Japan limiting naval armament, signed at Washington on February 6, 1922, provided that Treaty is still in force at the time of such cession, sale, lease or transfer.

ARTICLE V

The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and shall’ come into force on the exchange of the acts of ratification which shall take place at Washington as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their respective seals.

Done in duplicate at Washington the second day of January in the year of our Lord one thousand nine hundred and thirty.

HENRY L. STIMSON [SEAL]
ESME HOWARD [SEAL]

AND WHEREAS, the said convention has been duly ratified on both parts and the ratifications of the two Governments were exchanged at Washington on the thirteenth day of December, one thousand nine hundred and thirty-two;

NOW, THEREFORE, be it known that I, Herbert Hoover, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

DONE at the city of Washington this fifteenth day of December in the year of our Lrd one thousand nine hundred and thirty-two, and of the Independence of the United States of America the one hundred and fifty-seventh.

HERBERT HOOVER

By the President:

HENRY L. STIMSON
Secretary of State.

Footnote:

* The Philippine National Territory: A Collection of Documents, Raphael Perpetuo M. Lotilla, ed. (1995), at 134.

Source: The Philippine Claim to a Portion of North Borneo