TNAG-0024-FCO40-60-Visits-by-nuclear-powered-ships-1968 — Page 123

DRAFT NOTE

Sunderland;

استان)

the int limiting liabilet have put yet Maned

for

Excellency:

I have the honor to refer to the question of liability which might arise out of a visit of the N.S. SAVANNAH to Hong Kong, and to propose an Agreement

between the Government of the United States and the Government of the United

Kingdom of Great Britain and Northern Ireland in the following terms:

Within the limitations of liability for a single incident set by United States Public Law 85-256 (Annex A), as amended by 85-602 (Annex B), 89-210 (Annex C) and 89-645 (Annex D), in any legal action or procceding brought in personam against the operator of the N.S. SAVANNAH in a British court, the

United States Government shall provide compensation by way of indemnity for

any legal liability which a British court may find for any damage deriving

from a nuclear incident in connection with, arising out of or resulting from

the operation, repair, maintenance or use of the N.S. SAVANNAH, in which the N.S. SAVANNAH my be involved within Hong Kong territorial waters, or outside

of them on a voyage to or from Hong Kong if damage is caused in Hong Kong or on ships of United Kingdon registry. The aggregate liability of the United States Government arising out of a single nuclear incident involving the N.S. SAVANNAH, regardless of where damaga may be suffered, shall not exceed $500 million. Within the limitations provided by the United States Public

Laws cited above, the operator of the ship in a proceeding in personam shall

be subject to the jurisdiction of the British Court and shall not invoke the

provisions of United Kingdom law or any other law relating to the limitation

of shipowner's liability, except national law or international treaty to which

both countries are parties providing for limitation of liability of the oper

ator of a nuclear ship, if such national law or international treaty is held '

applicable by British courts.

If the above proposal is acceptable to the Government of the United

Kingdom of Great Britain and Northern Ireland, I have the honor to suggest

that this Note, together with Your Excellency's reply to that effect shall

constitue an agreement between the two Governments which shall enter into force

on the date of reply and remain in force unless terminated by either Govern-

ment on ninety days' written notification.

His Excellency

Rt. Hon. George Brown, MP

Secretary of State for Foreign Affairs

London

(Philip M. Kaiser) Charge d'Affaires ad interim