Issues in Focus
Partnership with Greenland
Memorandum of Understanding
between the Government of the United States of America and
the government of the Kingdom of Denmark
(including the Home Rule Government of Greenland)
concerning the Dundas area
Article I
1. This Memorandum of Understanding (MOU) regulates cooperation between the Government of the United States of America and the Government of the Kingdom of Denmark (including the Home Rule Government of Greenland), which has been agreed upon in connection with the Exchange of Notes this day between the Danish and the United States Governments regarding the relinquishment of Dundas from the Thule defence area.
2. Having reference also to the NATO Status of Forces Agreement, this MOU is in implementation of the United States - Denmark Agreement Concerning the Defence of Greenland, dated April 27, 1951 (hereinafter referred to as "the 1951 Agreement"), and related agreements.
Article II
1. Notwithstanding the provisions of any other agreement, the Danish Government (including the Greenland Home Rule Government) accepts the return of Dundas "as is" and assumes complete responsibility for any environmental remediation or other actions it may believe necessary.
2. The Danish Government (including the Greenland Home Rule Government) hereby waives any and all claims of the Danish Government (including the Greenland Home Rule Government) against the Government of the United States arising out of any acts or omissions related to or in connection with the use of Dundas during the period of its inclusion within the Thule defence area.
3. Any and all claims cognisable under the NATO Status of Forces Agreement shall be dealt with in accordance with the provisions of that Agreement.
4. The Government of Denmark assumes jurisdiction and liability for any and all claims, not covered in paragraph 3 above, for damages that resulted in any way, in whole or in part, from any acts or omissions (or alleged acts or omissions) by the claimant, the Government of Denmark (including the Greenland Home Rule Government) or a third party occurring after the return of the Dundas Peninsula. Nothing herein should in any way be interpreted as limiting or otherwise affecting the applicability of the NATO SOFA provisions pertaining to claims.
5. The foregoing paragraphs of this article shall not apply to contractual claims against the Government of the United States.
Article III
Except as otherwise agreed in the Permanent Committee, there shall be no settlement of persons or erection of permanent structures in Dundas for three years from the date of the Exchange of Notes regarding the relinquishment of Dundas from the Thule defence area. This does not prevent restoration that does not alter the original size and essential character of existing buildings. For an additional period of three years the U.S. authorities will be consulted no later than six months in advance in case any initiative should be taken that would alter the original size and essential character of existing buildings.
Article IV
The following security measures shall be taken regarding the Thule defence area:
1. United States authorities and Danish/Greenlandic authorities undertake to cooperate to ensure that the return of Dundas to Danish jurisdiction and control does not compromise the security of Thule Air Base or the Thule defence area. This cooperation includes periodic joint threat assessments by appropriate experts.
2. Danish/Greenlandic authorities undertake to ensure necessary policing of Dundas, including, if necessary, by police forces supplementing the local police on short notice. The Danish/Greenlandic authorities shall ensure regular patrol activities in and surveillance of Dundas, and, if appropriate and for a limited period of time, relevant checks of incoming aircraft and passengers.
3. Danish/Greenlandic authorities shall ensure that non-residents of the Qaanaaq Municipality are not permitted in Dundas on a permanent basis and that such non-residents do not enter the Thule defence area from Dundas without permission of competent United States authorities at Thule Air Base.
4. Consultations and exchange of information on matters relating to Dundas that may have implications for the security of Thule Air Base will be dealt with in the Permanent Committee.
Article V
The Permanent Committee shall monitor the implementation of this Memorandum of Understanding.
Article VI
1. Any disagreement regarding the interpretation or application of this MOU shall be resolved by consultation between the parties.
2. This Memorandum of Understanding shall enter into force on the date of signature and shall remain in force for the duration of the 1951 Agreement. This understanding may be amended at any time by mutual written agreement of the Parties.
In witness whereof, the undersigned representatives have signed this Memorandum of Understanding. Done in Nuuk this twentieth day of February 2003 in duplicate, in the English and Danish languages, both texts being equally authentic.
Signed by:
For the Government of The United States of America
Sally Mathiasen Light
For the Government of The Kingdom of Denmark
Friis Arne Petersen
For the Home Rule Government of Greenland
Hans Enoksen