Appendix C – National Interest Analysis

Date of Proposed Binding Treaty Action

The proposed Agreement, which was done by an exchange of Notes on 4 June 1998 with the Government of the United States of America (the 1998 Agreement) to further extend in force the 1966 Agreement relating to the Establishment of a Joint Defence Facility at Pine Gap (the Head Agreement), provides for its entry into force on the date that Australia notifies the United States that all domestic procedures to give effect to the 1998 Agreement in Australia have been satisfied. It is proposed that this notification will take place on or before 16 November 1998.

Date of Tabling of the Proposed Treaty Action

30 June 1998.

Reasons for Australia to take the Proposed Treaty Action

The Head Agreement, providing for the establishment, maintenance and operation of the Joint Defence Facility at Pine Gap, has been in force since December 1966. It was amended by an exchange of Notes in 1977 and again in 1988. Amongst other things, the 1988 amendment extended the non-termination period of the Head Agreement as amended for 10 years from 16 November 1988 to November 1998. The proposal for a further Agreement to extend the non-termination period for a further 10 years was finalised at the July 1996 Australia-United States Ministerial (AUSMIN) Consultations held in Sydney, and was subsequently released in the Joint Security Declaration at those Consultations. Once in force, the 1998 Agreement will provide that extension.

The 1998 Agreement is an important indication of the continuing commitment of both the Australian and United States Governments to cooperation at the Joint Defence Facility at Pine Gap. The Pine Gap Facility is an intelligence collection facility, which serves to support our mutual security interests, and contributes to global security.

The systems supported by Pine Gap will evolve to meet the demands of the post Cold War era, and it is expected that Pine Gap will remain a central element in our cooperation with the United States well into the next century.

All activities at the Pine Gap Joint Defence Facility are managed to ensure that they are consistent with Australian interests. The activities take place with the full knowledge and concurrence of the Australian Government, and Australia benefits fully from them. Australians are fully involved in the management and operation of the Joint Defence Facility.

Obligations

The 1998 Agreement extends the non-termination period of the Head Agreement as amended by a further 10 years from 16 November 1998. After seven years from 16 November 1998, either Government may inform the other Government in writing that it desires to terminate the Head Agreement as amended, in which event it shall then terminate three years after such notice has been given. This treaty action does not increase the scope or operation of the Head Agreement as amended, nor impose further obligations on Australia.

Costs

This treaty action does not to impose any additional costs on Australia in terms of meeting its obligations under the 1998 Agreement in addition to those already incurred under the Head Agreement.

Future Protocols

Neither the Head Agreement as amended, nor the 1998 Agreement, provide for the negotiation of any future legally binding instruments.

Implementation

No legislation is required to give effect to Australia's obligations under the 1998 Agreement.

Consultation

The proposed extension to the Head Agreement was given wide publicity through the release of the AUSMIN Consultations Joint Security Declaration on 27 July 1996, a Media Release from the Office of the Minister for Defence on 6 February 1997 and a further Media Release from the Office of the Minister for Defence on 4 June 1998 in respect of the signing of the 1998 Agreement.

The 1998 Agreement was notified to the States and Territories through the Commonwealth-State Standing Committee on Treaties' Schedule of Treaty Action. Consultation on technical aspects of the Pine Gap Joint Defence Facility was considered inappropriate as disclosures of other technical information of its classified activities would involve damage to both United States and Australian security interests.

Withdrawal or Denunciation

In the absence of the 1998 Agreement, the Head Agreement as amended by the 1988 Agreement provides that it would continue to remain in force indefinitely, unless terminated on three years written notice. The 1998 Agreement provides that after seven years from 16 November 1998, either Government may inform the other Government in writing that it desires to terminate the Head Agreement as amended, in which event it shall then terminate three years after such notice has been given.

Contact Details

Alliance Policy and Management Branch

International Policy Division

Department of Defence