AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF DENMARK TOGETHER WITH THE GOVERNMENT OF GREENLAND TO AMEND AND SUPPLEMENT[...]

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF DENMARK TOGETHER WITH THE GOVERNMENT OF GREENLAND TO AMEND AND SUPPLEMENT THE AGREEMENT OF 27 APRIL 1951 PURSUANT TO THE NORTH ATLANTIC TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF DENMARK ON THE DEFENSE OF GREENLAND (1951 DEFENSE AGREEMENT), INCLUDING ALL RELEVANT SUBSEQUENT AGREEMENTS RELATED THERETO

Preamble

The Government of the United States of America (hereinafter "the United States") and the Government of the Kingdom of Denmark (hereinafter "the Kingdom of Denmark") together with the Government of Greenland (hereinafter "Greenland"), hereinafter referred to collectively as "the Parties" and singularly as a "Party";

Cognizant of the rights and obligations deriving from the 1949 North Atlantic Treaty, and considering that Greenland through the Kingdom of Denmark has been a part of NATO since then;

Recalling the long history of cooperation between the Parties based on their deep respect for democracy, human rights, and the rule of law, as well as the more than eighty years of close defense cooperation between them, which has contributed to strengthening the security and stability of the United States, Greenland, and the rest of the North Atlantic Treaty area;

Reaffirming the sovereignty and territorial integrity of the Kingdom of Denmark, and recognizing that the People of Greenland constitute a people pursuant to international law with the right to self-determination;

Noting that the procedure for Greenlandic independence is set out in Article 21 of Act no. 473 of 12 June 2009 on Greenland Self-Government;

Recognizing the Parties' respective obligations and commitments under international law as well as national legal frameworks, including all existing agreements between the Parties;

Recognizing the need to protect the pristine environment of Greenland and reaffirming Article VI concerning Protection of the Environment in the 1991 Memorandum of Understanding, as well as the 2004 Joint Declaration;

Recognizing the economic, social, and cultural rights of the People of Greenland, including with respect to their lands and their way of life, including hunting, fishing, and other traditional, cultural, historical, future activities, and developments;

Considering that the Defense Arrangements have promoted stability and well-being in the North Atlantic Treaty area by uniting the Parties' efforts for collective defense and preserved peace and security as well as developed their collective capacity to resist armed attack;

Recognizing the United States' indispensable historical and ongoing contributions to the security and defense of Greenland and the rest of the North Atlantic Treaty area, including significant sacrifices and billions of dollars spent over the better part of a century, dating back to before World War II and the establishment of NATO, and the irreplaceable role the United States military plays in the defense of the territory of Greenland now and in the future;

Acknowledging the reopening of the U.S. Consulate in Nuuk and the U.S. contributions to mutual scientific and educational cooperation and exchanges, minerals cooperation, cooperation on economic development and business promotion, and cultural and local partnerships together with Greenland;

Acknowledging as well Greenland's contribution to the Parties' mutual security interests and its consequent sharing of the associated risks and responsibilities, and the commitment of the Parties to continuing close cooperation within NATO in ensuring North Atlantic security, as set forth in the 2004 Igaliku Agreement;

Recognizing the security challenges in the Arctic and the High North posed by adversaries' increased military activity and growing strategic interest in the region;

Recognizing the Parties' common goal of international peace and peaceful co-existence, and respecting the important contribution of Greenland to this goal;

Reaffirming the common goal of maximizing real, tangible, and substantial benefits to the People of Greenland from the Defense Areas;

Noting that the security situation in the Arctic is changing and that more efforts are needed to ensure security there in the future;

Recognizing the Parties' shared interest in allowing the United States to have military access to the territory of Greenland to the extent necessary to defend the North Atlantic Treaty area, Greenland, and the American continent, including through establishment of a Golden Dome defense system; and

Wishing therefore to further amend and supplement the Defense Arrangements, so as to strengthen them and reinforce their permanent nature,

Hereby agree as follows:

I.

Objectives

This Agreement amending and supplementing the Defense Arrangements shall facilitate the ability of the Parties to take any measures necessary or appropriate to carry out expeditiously their respective and joint responsibilities in Greenland, including to defend the North Atlantic Treaty area, Greenland, and the American continent, while respecting the interests of and providing benefits for the Greenlandic society.

II.

NATO engagement

The Parties support a stronger NATO engagement in the Arctic, including as regards planning, presence, exercises, and joint intelligence gathering.

III.

Definitions

For the purposes of this Agreement:

"1949 North Atlantic Treaty" means the North Atlantic Treaty signed at Washington on April 4, 1949.

"1951 Defense Agreement" means the Agreement Pursuant to the North Atlantic Treaty between the United States and the Kingdom of Denmark Concerning the Defense of Greenland, signed at Copenhagen on April 27, 1951.

"1991 Memorandum of Understanding" means the Memorandum of Understanding between the United States and the Kingdom of Denmark, including the Home Rule Government of Greenland, Concerning the Use of Sondrestrom Aviation Facility, Kulusuk Airfield and Other Matters Related to United States Military Activities in Greenland, done in Copenhagen, March 13, 1991.

"2004 Igaliku Agreement" means the Agreement between the United States and the Kingdom of Denmark, including the Home Rule Government of Greenland, to Amend and Supplement the 1951 Defense Agreement, Including Relevant Subsequent Agreements Related Thereto, signed at Igaliku on August 6, 2004.

"2004 Joint Declaration" means the Joint Declaration on Cooperation on the Environment in Greenland between the Parties issued on August 6, 2004 in Igaliku.

"2020 Diplomatic Notes" means the exchange of diplomatic notes between the United States and the Kingdom of Denmark concerning contracting, dated October 27, 2020.

"Defense Area" means an area in Greenland where the United States establishes and/or operates a military base consistent with the Defense Arrangements.

"Defense Arrangements" means the 1951 Defense Agreement, together with subsequent amending and supplementing agreements and related non-binding arrangements between the Parties, as set out in Annex 1.

"Greenland Self-Government Law" means the Act no. 473 of 12 June 2009 on Greenland Self-Government.

"Permanent Committee" means a committee established under the 1991 Memorandum of Understanding to facilitate consultation and exchange of information on matters relating to the United States military presence in Greenland.

"Particularly Sensitive Sectors or Activities" means sectors or activities determined to be particularly sensitive, including but not limited to critical infrastructure and the extraction of resources.

"Territorial Waters" means the territorial sea around Greenland as laid down in national law by the Kingdom of Denmark in accordance with the international law of the sea as reflected in the UN Convention on the Law of the Sea.

IV.

Defense Areas

The Parties shall make best use of the procedures set out in the Defense Arrangements, including the 1951 Defense Agreement and the 2004 Igaliku Agreement, as amended and supplemented herein, to enable the following:

i. The United States shall be allowed to modernize and expand its activities in Pituffik Space Base;

ii. The United States shall be allowed to establish an additional Defense Area at Narsarsuaq and Mestersvig in accordance with modalities and technical details to be mutually agreed by the Parties;

iii. The United States may establish additional defense areas in Greenland and strengthen its military operations or facilities. Either Party may identify the need for a new Defense Area for the defense of the North Atlantic Treaty area, Greenland, and the American continent. Such Party shall provide a proposal describing the location, scope, size, and types of activities of the proposed Defense Area as well as other modalities such as mitigating measures, including those necessary to take account of the 1991 Memorandum of Understanding and the 2004 Joint Declaration. The Parties shall immediately convene to engage in consultations through the Permanent Committee to decide implementation details based on mutual agreement. If no agreement is reached within 90 days at the Permanent Committee, consultations shall escalate to the deputy minister level, followed by the minister level;

iv. The United States shall award all contracts to commercial enterprises for goods and services related to the establishment, maintenance and servicing, including, but not limited to, construction and dismantling projects, of Defense Areas in Greenland to Greenlandic sources to the maximum extent possible, taking into account the capabilities and feasibility of such sources to implement contracts. To secure contracts to Greenlandic sources, the Parties agree to update the 2020 Diplomatic Notes accordingly.

V.

Unmanned military installations

The Kingdom of Denmark together with Greenland shall review requests to establish unmanned military installations in Greenland outside of the Defense Areas under accelerated governmental approval procedures. The request shall include a proposal describing the location, scope, size, and types of activities of the proposed unmanned military installation, as well as other modalities such as mitigating measures, including those necessary to take account of the 1991 Memorandum of Understanding and the 2004 Joint Declaration. Article IV(iv.) of this Agreement shall apply to the establishment, maintenance, and servicing of such unmanned military installations.

VI.

United States military access, basing and overflight

As regards United States access to the rest of the territory of Greenland (including the Territorial Waters), the following shall apply:

1. With a view to ensuring a secure and effective operation of the Defense Areas, the United States of America shall enjoy, for its public vessels and aircraft and its armed forces and vehicles, the right of free access to and movement between the Defense Areas through Greenland, including the Territorial Waters, by land, air and sea. This may also apply to unmanned military installations subject to agreement bythe Parties on the modalities at the time of establishment;

1. United States aircraft may fly over and land in any territory in Greenland, including the Territorial Waters, and United States public vessels may have undersea access to and movement within the Territorial Waters, without restriction except as mutually agreed upon by the Parties;

1. United States public vessels shall be given such additional access to and movement within the Territorial Waters as isagreed to by the Parties at any given time to be required by the military situation for the defense of the North Atlantic Treaty area, Greenland, and the American continent, or for other purposes as may be agreed bythe Parties.

These rights must be exercised in a manner that respects the Greenlandic society and the Greenlandic way of life, including hunting, fishing, and other traditional, cultural, historical, and other future activities, to the maximum extent possible.

The implementation of this Article will be addressed regularly at the Permanent Committee.

VII.

Security of the Defense Areas and prevention of espionage

The Parties agree that the territory in the vicinity of a Defense Area shall not be used in any manner that threatens the security of the Defense Area. In order to implement this requirement, the Parties intend to cooperate with respect to ensuring the security of the Defense Areas. The United States shall have the right to raise concerns regarding construction, or change of use in a manner that threatens a Defense Area, of any building, facility, or installation in the vicinity of the Defense Area. Upon such notification the Parties shall mutually determine what steps may be necessary to address any threat.

The Parties shall work together to counter espionage in Greenland. Relevant authorities in the Kingdom of Denmark shall keep in close contact with relevant U.S. authorities and other partners to the fullest extent necessary to implement this Article.

VIII.

Defense posture by the Kingdom of Denmark

The Kingdom of Denmark has strengthened and shall continue to strengthen its security posture in the Arctic through comprehensive, multi-domain approach encompassing land, maritime, air and space capabilities. Through enhanced presence, improved surveillance and increased cooperation and interoperability with NATO-Allies, the Kingdom of Denmark shall continue to address emerging threats and contribute to collective stability and security in the Arctic region.

IX.

Establishment of manned or unmanned military installations by third states

No state that is not a member of NATO shall be allowed to establish its own manned or unmanned military installations in Greenland nor shall they be allowed a persistent presence of military forces in Greenland, unless otherwise agreed by the Parties.

X.

Foreign direct investment and other activities

Given the threat to national security and public order posed by increased efforts by adversaries to expand influence and control in Greenland, the Parties agree that states or investors from a state that is not a member of NATO, a NATO partner, or an EU member state shall not be allowed to have (i) control, (ii) significant influence, or (iii) access to non-public information that may constitute a threat to national security or public order within Particularly Sensitive Sectors or Activities in the territory of Greenland (including the Territorial Waters), unless agreed between the Parties that the activities of such states or investors would not constitute a threat to national security or public order.

The objective shall be ensured by Greenland in close cooperation with the authorities of the Kingdom of Denmark in its application of any of its current or future investment screening laws.

Relevant authorities in the Kingdom of Denmark shall engage in close consultation with relevant United States authorities and other partners. The specific modalities for that close consultation shall be determined by the relevant authorities.

XI.

Permanent nature of this Agreement

This Agreement does not have an end date and may only be amended by mutual consent in accordance with Article XIII of the 1951 Defense Agreement.

In case Greenland exercises its right to self-determination to become independent, the Government of the Kingdom of Denmark and the Government of Greenland shall together ensure that the independent Greenlandic state will (i) agree to remain in NATO, including by applying to become a member if necessary, and (ii) affirmatively assume, as from the date of independence, all of the rights and obligations of the Kingdom of Denmark specified in this Agreement, including any implementation agreements or arrangements between the Parties, as well as the Defense Arrangements.

XII.

Entry into force

This Agreement shall enter into force on the date of a diplomatic note informing the United States of the completion of necessary parliamentary procedures by the Kingdom of Denmark together with Greenland.

Done at New York on the 22nd day of September, 2026, in triplicate in the English, Danish, and Greenlandic languages. In the event of ambiguity or conflict between the versions, the English language version shall prevail.

Annex 1

Key agreements in the Defense Arrangements include, interalia:

Main agreement:

• Agreement of 27 April 1951 between the Government of the United States of America and the Government of the Kingdom of Denmark, pursuant to the North Atlantic Treaty, concerning the defense of Greenland

Additional agreements and related non-binding arrangements:

• Exchange of Notes of 31 May 1968 between the Government of the United States of America and the Kingdom of Denmark supplementing the Agreement of 27 April 1951.

• Memorandum of Understanding of 13 March 1991 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 use of Sondrestrom Aviation Facility, Kulusuk Airfield and Other Matters Related to the United States Military Activities in Greenland
• Memorandum of Understanding of 20 February 2003 between the Government of the United States of America and the Government of the Kingdom of Denmark (Including Greenland Home Rule Government) Concerning the Dundas Area
• Agreement of 6 August 2004 between the Government of the United States of America and the Government of the Kingdom of Denmark, Including the Home Rule Government of Greenland, to Amend and Supplement the Agreement of 27 April 1951, Including Relevant Subsequent Agreements Related Thereto
• Joint Declaration of 6 August 2004 by the Government of the United States of America and the Government of the Kingdom of Denmark, Including the Home Rule Government of Greenland, on Economic and Technical Cooperation

• Joint Declaration of 6 August 2004 by the Government of the United States of America and the Government of the Kingdom of Denmark, Including the Home Rule Government of Greenland, on Cooperation on the Environment in Greenland
• Joint Statement of 28 October 2020 on Improved Cooperation in Greenland; Exchange of Notes of 27 October 2020; and Common Plan for U.S.-Greenland Cooperation in Support of our Understanding for Pituffik (Thule Air Base) signed 28 October 2020

Relevant NATO agreements:

• North Atlantic Treaty of 4 April 1949

• Agreement of 19 June 1951 between the Parties to the North Atlantic Treaty regarding the status of their forces ("NATO-SOFA")