fault is attributable to either Government or where the incident results from combat activity. 7 5 3 6 (3) If any such claim by a third party falls within the matters which are the subject of reciprocal aid under the Reciprocal Aid Agreements of 1944 in force between the United States and France, the Netherlands 3 and Belgium, or of mutual aid under the Mutual Aid Agreements of 1944 in force between the United Kingdom and France, the Netherlands and Belgium, such claims shall be investigated in the country in which the incident occurred by the authorities provided under the respective Reciprocal or Mutual Aid Agreement. If such authorities decide that both the Government of the United States and the Government of the United Kingdom are liable, the cost of settlement of the claim as between the Government of the United States and the Government of the United Kingdom, shall be charged as reciprocal aid to the United States and as mutual aid to the United Kingdom in equal proportions irrespective of the degree of fault attributable to either Government. The provisions of this paragraph shall not, however, be read as affecting any existing right of the Government of the United States or of the Government of the United Kingdom as against the Government of the country in which a claim is investigated under this paragraph to consider and decide whether such charge should be treated as reciprocal or mutual aid under the respective Reciprocal or Mutual Aid Agreement. ARTICLE III This Agreement shall apply to claims in relation to acts, omissions or other activities occurring in any part of the world. ARTICLE IV (1) This Agreement shall be deemed to have come into force on the 6th June, 1944, except as to such claims by third parties as may have been determined prior to the 12th November, 1945. (2) This Agreement shall supersede, as from the 6th June, 1944, the arrangement for mutual forbearance from a certain class of claims embodied in paragraph 11 of the annex to the Notes exchanged in London on the 29th February, 1944, by His Majesty's Principal Secretary of State for Foreign Affairs and the United States Ambassador, but the arrangement made by exchange of notes on 29th February, 1944, remains in full force as to claims arising out of incidents which occurred before the 6th June, 1944. ARTICLE V This Agreement shall remain in force during the period of the present joint participation by the Governments of the United States and of the United Kingdom in any military operation or military occupation but if before the period of joint participation expires either contracting Government gives to the other a written notice of its intention to terminate this Agreement, the Agreement shall cease to have effect three months after the date of such notice. ARTICLE VI This Agreement shall not be deemed to modify or affect the provisions of the Agreement between His Majesty's Government in the United Kingdom and the United States Government for the Provision of Mutual Aid concerning Certain Problems of Marine Transportation and Litigation signed at London on the 4th December, 1942." The Secretary of State to the British Ambassador JAN 23 1947 EXCELLENCY: I have the honor to acknowledge the receipt of your note No. 581 of October 23, 1946 to which was annexed the text of a proposed agreement concerning the mutual forbearance by the Governments of the United States of America and of the United Kingdom of Great Britain and Northern Ireland from asserting claims arising out of matters in which members or civilian employees of the respective armed forces of the two countries are concerned. The terms of the proposed agreement are acceptable to this Government, and your Excellency's note and this reply thereto shall be regarded as constituting an Agreement between our two Governments in this matter. Accept, Excellency, the renewed assurances of my highest consideration. DEAN ACHESON For the Secretary of State His Excellency The Right Honorable THE LORD INVERCHAPEL, P.C., G.C.M.G., British Ambassador. 'EAS 282, ante, p. 631. AIR TRANSPORT SERVICES: ROUTES TO AND FROM FIJI ISLAND Exchange of notes at Washington December 20, 1946, and January 27, 1947, amending agreement of February 11, 1946 Entered into force January 27, 1947 Replaced by revised section III of annex to agreement of May 27, 1966 1 61 Stat. 3089; Treaties and Other International Acts Series 1640 The British Ambassador to the Secretary of State Ref: No. 1539/43/46 SIR, BRITISH EMBASSY, WASHINGTON, D.C., I have the honour, under instructions from His Majesty's Principal Secretary of State for Foreign Affairs, to inform you that, in accordance with Article 8 of the Agreement between the Government of the United Kingdom and the Government of the United States of America relating to air services between their respective territories, signed at Bermuda on 11th February, 1946,2 His Majesty's Government in the United Kingdom propose that the following additional routes be added to those scheduled in Section 3 of the Annex to the above mentioned Agreement. 2. In accordance with Article 2 of the Agreement, His Majesty's Government in the United Kingdom propose to designate British Commonwealth Pacific Airways a joint operating organization, in which His Majesty's Governments in the United Kingdom, Australia, and New Zealand are partners, in accordance with Article 77 of the Convention on International Civil Aviation signed at Chicago on 7 December, 1944,3 to operate Route 8 above. 3. If the additions to Section III of the Annex as set forth above are agreeable to the Government of the United States, I am to suggest, on the understanding that British Commonwealth Pacific Airways will be the airline designated by His Majesty's Government in the United Kingdom for the operation of services on Route 8 above, that this note and your reply thereto should constitute the exchange of notes, for which Article 8 of the Agreement signed at Bermuda provides. I have the honour to be, with the highest respect, Sir, Your most obedient, humble Servant, I have the honor to refer to Your Excellency's note dated December 20, 1946, reading as follows: [For text of British note, see above.] I am pleased to inform you that the terms of Your Excellency's note as stated above are acceptable to my Government, which regards Section 3 of the Annex to the aforementioned bilateral agreement relating to air services signed WILLIAM L. CLAYTON His Excellency The Right Honorable THE LORD INVERCHAPEL, P.C., G.C.M.G., British Ambassador. |