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JOINT DECLARATION OF 27 SEPTEMBER 1995 COOPERATION OVER OFFSHORE ACTIVITIES IN THE SOUTH WEST ATLANTIC Comment - Agreement - SIDE LETTERS - Proclamation Both the Argentine and British Governments made separate public declarations at the time of the signing of the Joint Declaration in New York. The Argentine declaration was in Spanish, and appears here as it was translated "unofficially" by the Argentine Government. The Falkland Islands Government also issued a letter of response to the Joint Declaration. All three documents are reproduced here. Declaration of the British Government with regard to the Joint Declaration signed by the British and Argentine Foreign Ministers on Cooperation over Offshore Activities in the South West Atlantic The British Government welcomes the understanding reached with Argentina on cooperation over offshore activities in the South West Atlantic. The understanding will facilitate mutually beneficial cooperation, promoting the development of hydrocarbons. It will further improve relations with Argentina since the Madrid Joint Statement of February 1990 [which reestablished diplomatic relations]. At the same time, it will offer commercial opportunities to British companies, as well as to the Falkland Islands which will launch a licensing round in October. The Joint Declaration safeguards British sovereignty and jurisdiction over the Falkland Islands and the surrounding maritime areas. HMG have no doubts about the sovereignty and jurisdiction of the UK. HMG are aware that Argentina proposed to enact legislation purporting to impose charges on companies working in maritime areas surrounding the Falkland Islands. HMG do not accept any Argentine claim to impose such charges on companies by reason only of their activities on the continental shelf around the Falkland Islands under Falklands licence. HMG will be working with the Falkland Islands Government in development of the forthcoming licensing round. We welcome the understanding as a beneficial factor which will reassure the oil industry and improve the climate for exploration for and exploitation of hydrocarbons in a frontier area. Appropriate legislation will be introduced in order to take account of the Joint Declaration, including a new Ordinance in the Falkland Islands. Statement by the Argentine Government with regard to the Joint Declaration signed by the Foreign Ministers of Argentina and the United Kingdom on Exploration and Exploitation of Hydrocarbons The Argentine Government welcomes the achievement of an understanding with the United Kingdom on matters concerning cooperation over exploration and exploitation of hydrocarbons in the maritime areas subject to a dispute of sovereignty in the South West Atlantic. That understanding will preserve the cordial relations existing between the two countries at the current high level. At the same time, it will offer commercial opportunities to Argentine companies, adn it will contribute to the economic prosperity of the country, particularly in the Patagonian region. The understanding safeguards the imprescriptible rights of the Argentine Republic over the Malvina Islands, South Georgia and South Sandwich Islands and their surrounding maritime areas, as it emerges from the text of the declaration, and as it shall be reflected by the implementation of its dispositions. As both parties have convened, it shall not be interpreted in any way as recognition or support of the position of the United Kingdom in respect of sovereignty over the referred Islands or the surrounding maritime areas. On the basis of this understanding, the Argentine Republic shall benefit, without prejudice to its legitimate rights, of the activities to be carried out in the areas subject to the dispute of sovereignty, through a provisional modus vivendi until both parties resolve that dispute by the peaceful means established by international law. The benefits to be perceived shall be related to the exploration areas or the volumes of hydrocarbons produced. In accordance with paragraph 6 of the Joint Declaration, the Executive Power shall introduce in the Honourable National Congress non discriminatory legislation which will impose charges on national and foreign companies operating in the area to the benefit of the nation. The understanding and its implementation do not imply and shall not be interpreted in any way as an acceptance of a claimed right to call a licensing round for the development of hydrocarbons in the maritime areas surrounding the Malvinas Islands. The Executive Power considers that the assistance of the Honourable National Congress is absolutely necessary in order to make the present Declaration operative. To this end it will introduce the pertinent bills for their legislative consideration. Note (by the Editor of the Falkland Islands Newsletter of the Falkland Islands Association) - The word "imprescriptible" does not exist in English. It appeared for the first time in Dr. Di Tella's translation of the clause claiming the Falklands in Argentina's 1994 Constitution. Its derivation and meaning is, however, quite obvious. Prescription is the acquisition or loss of rights by the passage of time. So imprescriptible must mean something subject to this and imprescriptible something not subject to it.
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