EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT RELATING TO COOPERATION IN CONSECRATING CORREGIDOR ISLAND AS A WORLD WAR II MEMORIAL SITE, WITH ANNEX

Corregidor-Bataan Memorial

Agreement effected by exchange of notes
Signed at Manila December 22, 1965;      
Entered into force December 22, 1965.     

_________

The American Ambassador to the Philippine Secretary of Foreign Affairs

His Excellency
MAURO MENDEZ,
Secretary of Foreign Affairs
Manila

EXCELLENCY:

I have the honor to refer to the desire on the part of the Government of the United States of America and the Government of the Republic of the Philippines to cooperate in consecrating Corregidor Island as a memorial site to honor the thousands of servicemen from their respective countries who gave their lives in the defense of freedom in the Pacific in World War II. To further this end, officials of the Government of the United States of America. and the Government of the Republic of the Philippines, members of the Corregidor–Bataan Memorial Commission and the Philippines National Shrines Commission, and interested American and Filipino citizens have contributed their suggestions, their talent and their energy. By process of co-operative effort agreement has been reached on a. program of construction for, and maintenance of, historic Corregidor Island, so that it may remain forever enshrined—a glorious memorial to those valiant men and women, who answered their country’s call to arms.

It is proposed, therefore, that the agreement which is forwarded as an Annex to this note, and which is a product of American and Filipino deliberations over the past two years from the basis of a further cooperative effort in the completion of the Corregidor-Bataan Memorial.

Upon receipt of a note from your Excellency indicating that the provisions contained in the Annex to this note are acceptable to the Government of the Republic of the Philippines, the Government of the United States of America will consider that this note with its Annex and your reply thereto constitute an agreement between the two Governments on this subject, the agreement to enter into force on the date of your note of reply.

Accept, Excellency, the renewed assurances of my highest consideration.

ANNEX

Agreement Between the Government of the United States of America and the Government of the Republic of the Philippines on the Corregidor–Bataan Memorial.

ANNEX

AGREEMENT
I. It being the express intention of the Government of the United States of America and the Government of the Republic of the Philippines to cooperate in consecrating Corregidor Island as a memorial site to honor those thousands of American and Philippine soldiers, sailors and marines who gave their lives in the Pacific area during World War II:

II. The United States Government agrees, subject to the availability of appropriated funds:

A. to erect upon Corregidor Island, in cooperation with the Philippine Government, a suitable memorial which shall include

(1) twin flagpoles at a high point on the island, illuminated at night, flying the flags of the United States of America and the Republic of the Philippines,

(2) a building or buildings for use as an auditorium and tourist center, and

(3) a contiguous battlefield park in which may be placed historical markers and mementos of the Pacific phase of World War II; and

B. to cooperate with the Philippine Government in the production of a film documenting the story of Bataan and Corregidor and in the production of other films documenting relevant events of the war in the Pacific.

III. The Philippine Government agrees:

A. to administer and maintain perpetually the memorial proper, the contiguous battlefield and Corregidor Island as a whole in a manner appropriate for consecrated ground, holding it safe from undue or inappropriate commercial exploitation; and

B. to develop, or encourage to be developed, and to maintain suitable facilities for transportation of visitors to the Island and the memorial site.

IV. The Philippine Government further agrees:

A. that no import, excise, consumption or other tax, duty or impost shall be levied on material, equipment, supplies or goods imported or locally procured for exclusive use in the construction of the memorial;

B. that no national of the United States employed in the Philippines in connection with the construction of the memorial, and residing in the Philippines solely by reason of such employment, or his spouse or minor children or dependent parents of either spouse shall be liable to pay income tax in the Philippines on earnings derived from such employment, or be subject to any poll or residence tax, estate tax, any import or export duty, or any other tax on personal property imported for his own use; and

C. that no national of the United States or corporation organized under the laws of the United States shall be liable to pay income tax in the Philippines on profits derived under a contract made in connection with the construction of the memorial, or any tax in the nature of a license in respect of any service or work in connection with construction of the memorial.

V. It is agreed by both Governments that nothing herein shall prevent harmonious expansion of the memorial complex as may be hereinafter authorized or as may be provided for from public contributions.

VI. Implementation of this agreement shall be a cooperative under-taking on the part of the United States of America by the Corregidor–Bataan Memorial Commission, and on the part of the Republic of the Philippines by the Philippine National Shrines Commission.

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS 

I have the honor to refer to your Note No. 492 of December 22, 1965 which reads as follows:

“I have the honor to refer to the desire on the part of the Government of the United States of America and the Government of the Republic of the Philippines to cooperate in consecrating Corregidor Island as a memorial site to honor the thousands of servicemen from their respective countries who gave their lives in the defense of freedom in the Pacific in World War II. To further this end, officials of the Government of the United States of America and the Government of the Republic of the Philippines, members of the Corregidor–Bataan Memorial Commission and the Philippines National Shrines Commission, and interested American and Filipino citizens have contributed their suggestions, their talent and their energy. By process of cooperative effort agreement has been reached on a program of construction for, and maintenance of, historic Corregidor Island, so that it may remain forever enshrined—a glorious memorial to those valiant men and women, who answered their country’s call to arms.

“It is proposed, therefore, that the agreement which is forwarded as an Annex to this note, and which is a product of American and Filipino deliberations over the past two years form the basis of a further cooperative effort in the completion of the Corregidor-Bataan Memorial.

“Upon receipt of a note from your Excellency indicating that the provisions contained in the Annex to this note are acceptable to the Government of the Republic of the Philippines, the Government of the United States of America will consider that this note with its Annex and your reply thereto constitute an agreement between the two Governments on this subject, the agreement to enter into force on the date of your note of reply.”

I am pleased to inform your Excellency that my Government is agreeable to your aforementioned proposal and that your Note and this reply constitute an agreement between our Governments.

Accept, Excellency, the assurances of my highest consideration.

Entry into Force: December 22, 1965