3. With further respect to Article 3 of the treaty, it is understood by the Government of the Republic of Colombia that the right of United States nationals and vessels to continue fishing in the waters adjacent to Roncador and Serrana will not prejudice the existing rights of nationals and vessels of the Republic of Colombia or the rights of nationals and vessels of any other state which the Government of Colombia now or in the future may permit to conduct fishing and fishing activities in the waters in question. The Government of the Republic of Colombia agrees that prior to the implementation of conservation measures not now in effect, it will give reasonable notice to the Government of the United States of the nature of these regulations and any necessary measures which must be taken by nationals and vessels of the United States in order to comply with these regulations. The Government of the Republic of Colombia also agrees to consult with the Government of the United States of America, at the latter's request, concerning the effects of such proposed regulations on the rights guaranteed United States nationals and vessels by the treaty signed today. 4. It is understood by both governments with respect to the provisions of Article 4 of the treaty that future multilateral agreements shall be applied in a manner consistent with the right of non-discriminatory access by nationals and vessels of the United States to fisheries in accordance with the provision of other articles of the treaty and this note. Excellency, I have the honor to propose that this note and your reply constitute an agreement between our governments on the matters discussed above. I have the honor to acknowledge receipt of Your Excellency's note dated today, which reads as follows: [For the English language text, see page 3011.] My Government agrees that Your Excellency's note and this reply shall constitute an agreement between our Governments on the matters discussed above. Accept, Mr. Ambassador, the assurance of my high consideration. A. Vázquez Carrizosa EMBASSY OF THE UNITED STATES OF AMERICA September 8, 1972 His Excellency DR. ALFREDO VAZQUEZ CARRIZOSA Minister of Foreign Affairs Bogotá No. 693 EXCELLENCY: In connection with the signing today of a treaty between the Government of the Republic of Colombia and the Government of the United States of America concerning the status of Quita Sueño, Roncador and Serrana, I have the honor to convey the following understandings of my government with respect to Article 6 of that treaty: 1. The Government of the United States of America agrees to grant in perpetuity to the Republic of Colombia ownership of the lighthouse located on Quita Sueño and the navigational beacons on Roncador and Serrana. 2. The Government of the Republic of Colombia agrees to maintain and operate these installations in accordance with international regulations. 3. The Agreement of the Government of the United States of America to grant to the Government of the Republic of Colombia the lighthouse on Quita Sueño as provided for in paragraph 1 is subject to the understanding that it does so without prejudice to its legal position that Quita Sueño, being permanently submerged at high tide, is not at the present time subject to the exercise of sovereignty. 4. The time and place of the transfer of the lighthouse on Quita Sueño, and the navigational beacons on Roncador and Serrana, shall be agreed upon between the parties. Preparations for the transfer shall be concluded through meetings of experts from each side within six months of the exchange of ratifications of the treaty concerning the status of Quita Sueño, Roncador and Serrana. Excellency, I have the honor to propose that this note and your reply constitute an agreement between our governments on the matters discussed above. Accept, Excellency, the renewed assurances of my highest consideration. TRANSLATION REPUBLIC OF COLOMBIA September 8, 1972 His Excellency Leonard J. Saccio, Ambassador Extraordinary and Plenipotentiary of the United States of America. Bogota. DM 482 I have the honor to acknowledge receipt of Your Excellency's note, dated today, which reads as follows: [For the English language text, see page 3014.] My Government informs Your Excellency's Government that it is in agreement with the note transcribed above. With respect to paragraph 3 of that note, my Government is cognizant of the position of the United States and states, in turn, that it reaffirms the Colombian position, expressed in the notes dated today, on the sovereignty of Colombia over Quita Sueño as well as Roncador and Serrana. My Government agrees that Your Excellency's note and this reply shall constitute an agreement between our Governments on the above matters. Accept, Mr. Ambassador, the assurance of my high consideration. A. Vázquez Carrizosa |