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APPENDIX O
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APPENDIX O

DECLARATION BY HER MAJESTY'S GOVERNMENT REGARDING

THE ADMINISTRATION OF THE SOVEREIGN BASE AREAS

Declaration by Her Majesty's Government regarding the Administration of the Sovereign Base Areas, being those Areas mentioned in Article 1 of the Treaty concerning the Establishment of the Republic of Cyprus which remain under the Sovereignty of the United Kingdom

Her Majesty's Government declare that the main objects to be achieved

(1) Effective use of the Sovereign Base Areas as military bases.

(2) Full co­operation with the Republic of Cyprus.

(3) Protection of the interests of those resident or working in the Sovereign

2. Her Majesty's Government further declare that their intention

(i) Not to develop the Sovereign Base Areas for other than military

(ii) Not to set up and administer " colonies ".

(iii) Not to create customs posts or other frontier barriers between the Sovereign Base Areas and the Republic.

(iv) Not to set up or permit the establishment of civilian commercial or industrial enterprises except in so far as these are connected with military requirements, and not otherwise to impair the economic commercial or industrial unity and life of the Island.

(v) Not to establish commercial or civilian seaports or airports.

(vi) Not to allow new settlement of people in the Sovereign Base Areas other than for temporary purposes.

(vii) Not to expropriate private property within the Sovereign Base Areas except for military purposes on payment of fair compensation.

3. With these purposes in mind, and subject to their military requirements and security needs, Her Majesty's Government make the following declaration

(1) Freedom of Access

Cypriots (and others resident in the Republic) will have freedom of access and communications to and through the Sovereign Base Areas, and of employment and cultivation in the Sovereign Base Areas and freedom of navigation and fishing in the territorial waters

(2) Legislation

The laws applicable to the Cypriot population of the Sovereign Base

Areas will be as far as possible the same as the laws of the Republic.

(3) Protection of Cypriot Rights

The rights of Cypriots (and others resident in the Republic) and Cypriot communities and corporations in regard to property will be fully protected.

(4) Public Services

The Republic will be invited to provide a wide range of public services to be performed for Cypriots in the Sovereign Base Areas. These will include Education, Agriculture, Co­operative Development, Labour and Social Insurance, Social Welfare, Health and Medical Services, Postal Services, Forestry Services and Statistics. In addition Cypriot public utility services will be free to operate in the Sovereign Base Areas.

(5) Antiquities

The ancient monuments and antiquity sites specified in the schedule to this Declaration will be administered and maintained by the Republic. Licences for antiquity excavation will be issued by the Republic but will be subject to the consent of the authorities of the Sovereign Base Areas. Movable antiquities found in excavations or discovered will be the property of the Republic.

(6) Water Control

Subject only to military requirements and security needs being met, the policy to be carried out in regard to water control in the Sovereign Base Areas will be considered and decided by a joint committee.

(7) Customs

The Republic will be invited to collect and keep such customs duties as may, by arrangement, be levied on goods imported through ports in the Republic and destined for the Sovereign Base Areas. Arrangements will be made for the Republic to receive customs duties on commercial and personal imports, if any, collected by the authorities of the Sovereign Base Areas.

(8) Taxes

Taxes, rates and fees payable by Cypriots or in respect of Cypriot property in the Sovereign Base Areas will be as far as possible the same as those in the Republic. The Republic will be invited to collect and keep taxes, rates and fees due from Cypriots resident or working in the Sovereign Base Areas or payable by Cypriots on privately owned or occupied immovable property therein. (This will apply also to taxes, rates and fees due from non­Cypriot residents and workers, exclusive of military personnel, civilians working with them and their families).

(9) Currency and Exchange Control

The currency of the Republic will be legal tender in the Sovereign Base Areas and the Exchange Control Regulations in the Sovereign Base Areas will be coordinated with those in the Republic.

(10) Mining

The Republic will be invited to collect and keep revenue derived from any royalties due or taxes payable on minerals obtained in the Sovereign Base Areas, and fees in respect of mining and prospecting licences, and for these purposes will be invited to issue licences in relation to these matters, subject to the consent and control of the authorities of the Sovereign Base Areas. These arrangements will not apply to stone, shingle, sand, gravel or other building and construction materials obtained by, or to mining and prospecting for such materials by, the United Kingdom authorities, or their contractors and others acting on their behalf.

(11) Land Registration

Arrangements will be made for the Land Registry of the Republic to perform, in relation to privately­owned land in the Sovereign Base Areas, the same functions relating to the issue of titles and the execution of transfers and ancillary services as are performed by the Land Registry of the Republic in regard to privately­owned land in

(12) Civil Proceedings Arrangements will be made to enable legal proceedings concerning civil rights and obligations in which all the parties are Cypriot take place m the Courts of the Republic, and for the enforcer within the Sovereign Base Areas of the judgments and orders of Courts in such proceedings.

(13) Criminal Proceedings Arrangements will also be made to enable certain criminal proceedings which both the complainant and accused are Cypriots to be by the Courts of the Republic.

(14) Prisons

Cypriots tried in the Courts of the Republic in pursuance of such arrangements will, if convicted and sentenced to imprisonment, serve

their sentences in the Prisons of the Republic.

(15) Police There will be co­operation between the Police and the Gendarmerie of the Republic and the Police of the Sovereign Base Areas for prevention and detection of crime and facilities will be given to the Police and Gendarmerie of the Republic for the investigation offences triable by the Courts of the Republic.

(16) Assessment Tribunals Where compulsory acquisition or requisition of private land necessary for military purposes, the authorities of the Sovereign Base Areas will normally invite an assessor appointed by the Rep to assist the tribunal concerned in regard to compensation.

(17) District Officers

The District Officers of the Republic will be invited to perform such administrative duties in relation to Cypriots within the Sovereign Base Areas as may be agreed by the authorities of the Sovereign Base Areas and the Republic.

(18) Labour

Cypriot labour, staff and contractors will be employed in the Sovereign Base Areas in accordance with the provisions of the Treaty of Establishment.

(19) Commerce and Industry

The Republic will be invited to carry out in the Sovereign Base Areas the registration of companies and partnerships and such other administrative functions as may be agreed in the sphere of commerce, industry, transport and employment.

4. It is understood that-

(a) there will be no discrimination by the authorities of the Republic against those who live or work in the Sovereign Base Areas;

(b) expenses incurred in the exercise of any functions or services performed by the Republic in accordance with these arrangements will be borne by the Republic.

5. Her Majesty's Government are willing to co­operate with the Republic in the establishment as soon as possible of a Joint Consultative Board to advise the authorities of the Republic and those of the Sovereign Base Areas on such arrangements as may be necessary from time to time to give effect to the intentions of Her Majesty's Government set out in this Declaration. It is intended that this machinery of consultation and co­operation should apply to all aspects of this Declaration. It could also deal with questions of water supplies through the joint committee referred to in Annex B, Part II, Section 8 (3) of the Treaty concerning the Establishment of the Republic of Cyprus.

SCHEDULE

(Paragraph 3, Clause (5) )

The following monuments and sites as delineated on the relative plans deposited with the Department of Lands and Surveys in Nicosia, the District Office of Limassol and the appropriate United Kingdom authorities in the Akrotiri Sovereign Base Area.

(1) The Site and remains of Curium.

(2) The Sanctuary of Apollo Hylates near Curium.

(3) The Stadium of Curium

(4) The ancient Cemetery at Ayios Ermoyenis near Curium.

(5) The Church and remains of the Monastery of St. Nicholas of the Cats.

Draft United Kingdom Letter to Archbishop Makarios and Dr. Kutchuk

Your Excellencies,

I have the honour to transmit herewith to Your Excellencies the text of the Declaration made by the Government of the United Kingdom of Great Britain and Northern Ireland regarding the administration of the Sovereign Base Areas, being those areas mentioned in Article 1 of the Treaty concerning the establishment of the Republic of Cyprus which remain under the sovereignty of the United Kingdom.

I have the honour further to inform Your Excellencies that the Government of the United Kingdom desire to assure the Government of the Republic of Cyprus that they are determined to stand by that Declaration and thereby to create a continuous and lasting system of administration in the Sovereign Base Areas founded on close co­operation between the authorities of those areas and the authorities of the Republic of Cyprus.

The Government of the United Kingdom, in their desire that no difficulties should arise from the application of that Declaration, and in order to give effect to what is stated above, are determined to make the necessary practical

Your Excellencies,

We have the honour to acknowledge receipt of your letter of to­day's date

Draft Reply by Archbishop Makarios and Dr. Kutchuk

[Insert text of the letter]

We have taken due note of the contents of this letter.

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