Imágenes de páginas
PDF
EPUB

(d) In order to provide funds to procure Category B imports:

(i) The Government of the United Kingdom will make available to the Joint Export-Import Agency the sum of $29,300,000 in settlement of the understanding reached in September, 1945, for the pooling of the proceeds of exports from the two zones in proportion to import expenditures, which shall be credited to the United States contribution. (ii) In addition to this sum the accumulated proceeds of exports from the United States Zone (estimated at $14,500,000), will be made available to the Joint Export-Import Agency for the purchase of Category B imports.

(iii) The Government of the United Kingdom will provide Category B goods at the request of the Joint Export-Import Agency to a value equal to that of the United States contribution under sub-paragraphs (i) and (ii) above.

(iv) The Governments of the United States and the United Kingdom will make available to the Joint Export-Import Agency in like amounts their respective shares of the sum to be used for financing purchases of essential commodities for the German economy under the provisions, and upon ratification by the Government of Sweden, of the accord dated 18th July, 1946, between the Governments of the United States, the United Kingdom and France on the one hand and of Sweden on the other.

(v) Any further sums which are agreed by the Joint Export-Import Agency to be required for the purchase of Category B imports shall be provided by the two Governments on an equal basis in such manner as they may agree. To the extent that either Government advances sums for the purchase of raw materials for processing and re-export on special terms as regards security and repayment, the other Government may advance equal sums on similar terms.

(e) The costs incurred by the two Governments for their two zones before 1st January, 1947, and for the area thereafter, shall be recovered from future German exports in the shortest practicable time consistent with the rebuilding of the German economy on healthy non-aggressive lines.

7. Relaxation of barriers to trade. With a view to facilitating the expansion of German exports, barriers in the way of trade with Germany should be removed as rapidly as world conditions permit. To the same end the establishment of an exchange value for the mark should be undertaken as soon as this is practicable; financial reform should be effected in Germany at an early date; and the exchange of full technical and business communications between Germany and other countries should be facilitated as soon as possible.

TIAS 1657, ante, vol. 4, p. 88.

Potential buyers of German goods should be provided access to both zones to the full extent that facilities permit, and normal business channels should be restored as soon as possible.

8. Procurement. The determination of import requirements shall be the responsibility of the Joint Export-Import Agency. The procurement of these requirements shall be dealt with as follows:

(i) Procurement of Category A imports to the extent that they are financed from appropriated funds of either Government shall be the responsibility of that Government.

(ii) Procurement of Category B imports and of Category A imports to the extent that they are not financed by appropriated funds shall be the responsibility of the Joint Export-Import Agency, with such assistance from the two Governments as may be desired.

Unless otherwise agreed, subject to the provisions of this paragraph, procurement shall be from the most economical source of supply. However, the scurces shall be selected to the fullest extent practicable so as to minimise the drain on the dollar resources of the United Kingdom.

The two Governments will establish a joint committee in Washington with the following responsibilities:

(a) In the case of commodities in short supply, to support the requirements of the Joint Export-Import Agency before the appropriate authorities. (b) To determine, where necessary, sources of supply and to designate procurement agencies having regard to the financial responsibilities and exchange resources of the two Governments.

With respect to sub-paragraph (a) above, the two Governments agree to assist the committee in obtaining the requirements of the Joint Export-Import Agency having regard to all other legitimate claims on available world supply.

With respect to sub-paragraph (b) above, where the financial responsibility rests with one Government, and the designated source of supply is the territory under the authority of the other Government, the latter, if so requested, will accept responsibility for procuring those supplies as agent for the former."

10

9. Currency and banking arrangements. The Bipartite Finance Committee (United States-United Kingdom) will be authorized to open accounts with approved banks of the countries in which the Joint Export-Import Agency is operating, provided that agreements are negotiated with those countries for credit balances to be transferred on demand into dollars or sterling. The Bipartite Finance Committee will be authorized to accept payment of balances in either dollars or sterling, whichever, in the judgment of the Joint Export-Import Agency, may be better utilized in financing essential imports. 10 For an amendment of para. 8, see agreement of Dec. 17, 1947 (TIAS 1689), post, p. 839.

10. Food. The two Governments will support, to the full extent that appropriated and other funds will permit, an increase in the present ration standard to 1800 calories for the normal consumer as soon as the world food supply permits. This standard is accepted as the minimum which will support a reasonable economic recovery in Germany. However, in view of the current world food supply, a ration standard of 1550 calories for the normal consumer must be accepted at present.

11. Imports for displaced persons. Subject to any international arrangements which may subsequently be made for the maintenance of displaced persons, the maintenance of displaced persons within both zones from the German economy shall not exceed the maintenance of German citizens from this economy. Supplementary rations and other benefits which may be provided for displaced persons in excess of those available to German citizens must be brought in to Germany without cost to the German economy.

12. Duration. It is the intention of the two Governments that this agreement shall govern their mutual arrangements for the economic administration of the area pending agreement for the treatment of Germany as an economic unit or until amended by mutual agreement. It shall be reviewed at yearly intervals.

JAMES F. BYRNES

ERNEST BEVIN

2nd December, 1946.

CLAIMS RESULTING FROM ACTS OF MEMBERS OR CIVILIAN EMPLOYEES OF ARMED FORCES

Exchange of notes at Washington October 23, 1946, and January 23, 1947, with annex

Entered into force January 23, 1947; operative from June 6, 1944 1

[blocks in formation]

I have the honour to inform Your Excellency that discussions which have taken place between representatives of the United Kingdom and the United States of America, concerning the mutual forbearance by the Governments of the United Kingdom of Great Britain and Northern Ireland and of the United States of America from asserting claims arising from matters in which members and civilian employees of the respective armed forces are concerned, have led to agreement in the terms set out in the annex hereto.

2. His Majesty's Government in the United Kingdom have considered and approved the provisions of the annex.

3. I shall be grateful if Your Excellency will inform me whether the United States Government likewise approve the said provisions and whether they agree that the present note and Your Excellency's reply shall be regarded as constituting an Agreement between our two Governments in this matter.

I have the honour to be, with the highest consideration, Sir,
Your most obedient, humble Servant.

The Honourable

JAMES F. BYRNES,

Secretary of State

of the United States,

Washington, D.C.

1 Except as to claims by third parties determined prior to Nov. 12, 1945.

INVERCHAPEL

ANNEX

(W6037/15/64)

ARTICLE I

(1) Each contracting Government agrees to bear its own loss and to forbear from asserting on its own behalf against the other any claim in relation to the loss, destruction or damage to its property, or injury to or death of any members or civilian employees of its Armed Forces resulting from any acts, omissions or other activities during the operation of this Agreement of any members or civilian employees of the Armed Forces of the other contracting Government.

(2) The provisions of paragraph (1) of this Article shall not apply to the following claims—

(i) Claims in relation to loss, destruction or damage to property or to injury or death resulting from combat activity.

(ii) Claims based on the taking for military purposes of the property of either contracting Government by members or civilian employees of the Armed Forces of the other contracting Government.

(iii) Claims made by or on behalf of individuals or by or on behalf of private associations, partnerships, corporations or other nongovernmental bodies.

ARTICLE II

(1) (i) Subject to the provisions of paragraph (3) of this Article, claims of third parties (other than enemy nationals) arising out of incidents involving vehicles of both contracting Governments shall be submitted for investigation and determination as to liability to the United States Claims Service if the incident occurs in a United States controlled area or to the British Claims Service if the incident occurs in a British controlled area, but no liability shall be assumed and no settlement of a claim effected by either Government with respect to any such claim unless the authorities appointed by the other contracting Government for the purpose of reviewing such claims decide in the particular case that such liability exists.

(ii) For the purpose of this Agreement the expression "claims of third parties" shall mean claims based on the acts or omissions of the drivers or riders of vehicles which are the property of either Government brought against either contracting Government by any person other than the drivers or riders.

(2) If it is found that the incident resulted from negligence or fault attributable to both contracting Governments, the cost of settlement will be borne equally between them, irrespective of the relative degree of negligence or fault attributable to each Government. Neither contracting Government shall be liable to contribute to the cost of settlement where no negligence or

« AnteriorContinuar »