Agreement between the United States of America and the Union of Soviet Socialist Republics on the maritime boundary, 1 June 1990

The United States of America and the Union of Soviet Socialist Republics (hereinafter “the Parties”), Recalling the United States-Russia Convention of March 18/30, 1867 (hereinafter “the 1867 Convention”), Desiring to resolve issues concerning the maritime boundary between the United States and the Soviet Union, Desiring to ensure that coastal State jurisdiction is exercised in all maritime areas in which such jurisdiction could be exercised for any purpose by either of the Parties, in accordance with international law, in the absence of a maritime boundary, Have agreed as follows:

Article 1

1.                     The Parties agree that the line described as the “western limit” in article 1 of the 1867 Convention, as defined in article 2 of this Agreement, is the maritime boundary between the United States and the Soviet Union.

2.                    Each Party shall respect the maritime boundary as limiting the extent of its coastal State jurisdiction otherwise permitted by international law for any purpose.

Article 2

1.                    From the initial point, 65° 30′ N., 168° 58′ 37″ W., the maritime boundary extends north along the 168° 58′ 37″ W. meridian through the Bering Strait and Chukchi Sea into the Arctic Ocean as far as permitted under international law.

2.                    From the same initial point, the maritime boundary extends southwestward and is defined by lines connecting the geographic positions set forth in the Annex, which is an integral part of this Agreement.

3.                    All geographic positions are defined in the World Geodetic System 1984 (“WGS 84”) and, except where noted, are connected by geodetic lines.

Article 3

1.                    In any area east of the maritime boundary that lies within 200 nautical miles of the baselines from which the breadth of the territorial sea of the Soviet Union is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured (“eastern special area”), the Soviet Union agrees that henceforth the United States may exercise the sovereign rights and jurisdiction derived from exclusive economic zone jurisdiction that the Soviet Union would otherwise be entitled to exercise under international law in the absence of the agreement of the Parties on the maritime boundary.

2.                    In any area west of the maritime boundary that lies within 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the Soviet Union is measured (“western special area”), the United States agrees that henceforth the Soviet Union may exercise the sovereign rights and jurisdiction derived from exclusive economic zone jurisdiction that the United States would otherwise be entitled to exercise under international law in the absence of the agreement of the Parties on the maritime boundary.

3.                     To the extent that either Party exercises the sovereign rights or jurisdiction in the special area or areas on its side of the maritime boundary as provided for in this article, such exercise of sovereign rights or jurisdiction derives from the agreement of the Parties and does not constitute an extension of its exclusive economic zone. To this end, each Party shall take the necessary steps to ensure that any exercise on its part of such rights or jurisdiction in the special area or areas on its side of the maritime boundary shall be so characterized in its relevant laws, regulations, and charts.

Article 4

The maritime boundary as defined in this Agreement shall not affect or prejudice in any manner either Party’s position with respect to the rules of international law relating to the law of the sea, including those concerned with the exercise of sovereignty, sovereign rights or jurisdiction with respect to the waters or seabed and subsoil.

Article 5

For the purposes of this Agreement, “coastal State jurisdiction” refers to the sovereignty, sovereign rights, or any other form of jurisdiction with respect to the waters or seabed and subsoil that may be exercised by a coastal State in accordance with the international law of the sea.

Article 6

Any dispute concerning the interpretation or application of this Agreement shall be resolved by negotiation or other peaceful means agreed by the Parties.

This Agreement shall be subject to ratification and shall enter into force on the date of exchange of instruments of ratification.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties have signed the present Agreement.

DONE at Washington, this first day of June, 1990, in duplicate, in the English and Russian languages, each text being equally authentic.

ANNEX

The geographic positions set forth in this Annex are on the World Geodetic System 1984 (“WGS 84”) and, except where noted, are connected by geodetic lines. One nautical mile equals 1,852 meters.

The maritime boundary is defined as follows:

From the initial point, 65° 30′ N., 168° 58′ 37″ W., the maritime boundary extends north along the 168° 58′ 37″ W. meridian through the Bering Strait and Chukchi Sea into the Arctic Ocean as far as permitted under international law.

From the same initial point, the maritime boundary extends southwestward connecting the following geographic positions:

1 June 1990 Excellency:

I have the honor to refer to the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, which has been signed by representatives of our two Governments today. I have the further honor to propose that, pending the entry into force of that Agreement, the two Governments agree to abide by the terms of that Agreement as of 15 June 1990.

On the basis of the foregoing, I have the honor to propose to Your Excellency that if the terms stipulated herein are acceptable to the Government of the Union of Soviet Socialist Republics, this note and Your Excellency’s reply shall constitute an agreement between the two Governments, which shall enter into force on the day of your reply.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

James Baker III

His Excellency Eduard A. Shevardnadze Minister of Foreign Affairs of the Union of Soviet Socialist Republics