AGREEMENT RELATING TO SUPPLIES AND SERVICES Signed at Washington April 30, 1945 WITH ACCOMPANYING MEMORANDUM AND EXCHANGE OF NOTES Signed at Washington April 30, 1945 AGREEMENT RELATING TO PRINCIPLES APPLYING TO Effected by Exchange of Notes For sale by the Superintendent of Documents, U. S. Government Printing Office, Washington 25, D. C. Price 10 cents DEPARTMENT OF STATE PUBLICATION 2459 CONTENTS Agreement Relating to Supplies and Services. Memorandum Exchange of Notes. Agreement Relating to Principles Applying to the Provision of Aid to the P DEPOSITED BY THE UNITED STATES OF AMERICA APR 29 '46 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF THE NETHERLANDS UNDER SECTION 3 (c) OF THE LEND-LEASE ACT [1] As parties signatory to the United Nations Declaration of January 1, 1942, [2] the Government of the United States of America and the Government of the Kingdom of the Netherlands have pledged themselves to employ their full resources, military and economic, against those nations with which they are at war. In the Agreement of July 8, 1942 [3] between the Government of the United States of America and the Government of the Kingdom of the Netherlands, each contracting government undertook to provide the other with such articles, services, facilities and information useful in the prosecution of their common war undertaking as each may be in a position to supply. The Government of the United States of America and the Government of the Kingdom of the Netherlands desire to insure the continuing provision of such articles, services, facilities or information without interruption owing to any uncertainty as to the date when the military resistance of the common enemy may cease; and desire to insure further that such articles, services, facilities or information as shall be agreed to be furnished by the United States of America for the purpose of providing war aid to the Government of the Kingdom of the Netherlands, shall be disposed of and transferred, following a determination by the President that such aid is no longer necessary to the prosecution of the war, in an orderly manner which will best promote their mutual interests. For the purpose of attaining the above-stated objectives, the Government of the United States of America and the Government of the Kingdom of the Netherlands agree as follows: ARTICLE I All aid undertaken to be provided by the United States of America under this Agreement shall be made available under the authority and subject to the terms and conditions of the Act of Congress of March 11, 1941, as amended, and any appropriation acts thereunder. 1[55 Stat. 31.] 2 [Executive Agreement Series 236; 55 Stat. 1600.] [Executive Agreement Series 259; 56 Stat. 1554.] ARTICLE II The United States of America will transfer or render to the Gover ment of the Kingdom of the Netherlands such of the articles and serv ices set forth in the Schedule annexed hereto as the President of the United States of America may authorize to be provided prior to s determination by the President that such articles and services are no longer necessary to the prosecution of the war. Any articles and services set forth in that Schedule transferred or rendered to the Government of the Kingdom of the Netherlands prior to such deter mination shall be provided upon terms the final determination of which shall be deferred until the extent of lend-lease aid provided by the United States of America and of reciprocal aid provided by the Government of the Kingdom of the Netherlands is known and until the progress of events makes clearer the final terms, conditions and benefits which will be in the mutual interests of the United States of America and the Kingdom of the Netherlands in accordance with the terms of the Agreement of July 8, 1942, and which will promote the establishment and maintenance of world peace. ARTICLE III After a determination by the President of the United States of America that any of the articles and services set forth in the Schedule annexed hereto are no longer necessary to the prosecution of the war. the United States of America will transfer or render, within such periods of time as may be authorized by law, and the Government of the Kingdom of the Netherlands will accept, such articles and services as shall not have been transferred or rendered to the Government of the Kingdom of the Netherlands prior to said determination. The Government of the Kingdom of the Netherlands undertakes to pay the United States of America in dollars for the articles and services transferred or rendered under the provisions of this Article in accordance with the terms and conditions prescribed in the Schedule annexed hereto. ARTICLE IV Changes may be made from time to time in the items set forth in the Schedule annexed hereto, by mutual agreement between the Government of the United States of America and the Government of the Kingdom of the Netherlands. The Government of the Kingdom of the Netherlands shall be released from its obligation to accept articles or services, under Article III above, upon payment to the Government of the United States of America of any net losses to the Government of the United States of America including contract cancellation charges resulting from the determination of the Government of the Kingdom of the Netherlands not to accept such articles or services. Delivery of any articles or services, under the provisions of Article III, may be withheld by the Government of the United States of America without cost to the Government of the Kingdom of the Netherlands whenever the President determines that such action is in the national interest. ARTICLE V Any amounts paid to the Government of the United States of America pursuant to the terms of this Agreement shall be deemed to be among the benefits or considerations provided by the Government of the Kingdom of the Netherlands pursuant to Article VI of the Agreement of July 8, 1942. ARTICLE VI This Agreement shall take effect as from this day's date. It shall continue in force until a date to be agreed upon by the two Govern ments. Signed and sealed at Washington this 30th day of April, 1945. FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: JOSEPH C. GREW Acting Secretary of State of the United States of America [SEAL] FOR THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS: W. v. BOETZELAER. Minister of the Netherlands [SEAL] SCHEDULE The terms and conditions upon which the articles and services listed below are to be transferred by the United States of America to the Government of the Kingdom of the Netherlands after the determination by the President of the United States of America that such aid is no longer necessary to the prosecution of the war, in accordance with Article III of this Agreement, are as follows: A. Unless otherwise provided by mutual agreement, transfers of articles to the Government of the Kingdom of the Netherlands shall take place immediately upon loading of the articles on board ocean vessel in a United States port, provided, that those articles which, prior to the end of the periods authorized by law, shall have been contracted for by the United States Government and shall not have been transferred to the Government of the Kingdom of the Netherlands as above set forth, shall be deemed to be transferred to the Government of the Kingdom of the Netherlands upon the last day of such periods. Risk of loss with respect to articles to be transferred |