months from the date upon which either of the contracting Governments shall have given notice in writing of their intention to terminate it. IN WITNESS Whereof the undersigned, duly authorized to that effect by their respective Governments, have signed the present Agreement and have affixed thereto their seals. DONE in Canberra in duplicate, this 8th day of March, 1945. Signed on behalf of the Government of the United States of America. NELSON TRUSLER JOHNSON [SEAL] Signed on behalf of the Government of the Commonwealth of Australia. H. V. EVATT [SEAL] EXCHANGE OF NOTES The American Minister to the Minister for External Affairs LEGATION OF THE Canberra, Australia, March 8, 1945. SIR: With reference to Article IV of the agreement signed today between the Government of the Commonwealth of Australia and the Government of the United States of America relating to certain problems of maritime transportation and litigation, I have the honor to state that for the present and until further notice it is the intention of my Government that the accounting contemplated by that Article will be accomplished under the Act of Congress of March 11, 1941, to the extent authorized under that Act. Accordingly, the Government of the United States will in appropriate cases make such payments as are necessary in the course of operations under the agreement according to its procedure in the administration of that Act and will receive any moneys which may accrue in the course of such operations as a benefit under that Act and under the Exchange of Notes between the Australian Minister at Washington and the United States of America Secretary of State on the 3rd September, 1942. Accept, Sir, the renewed assurances of my highest consideration. The Minister for External Affairs to the American Minister 8th March, 1945. SIR, I have the honour to acknowledge receipt of your note of today's date referring to Article IV of the Agreement signed today between our two Governments relating to certain problems of marine transportation and litigation. In reply I wish to state that for the present and until further notice my Government intends that the accounting required by Article IV shall be on the same basis as the payments contemplated in your note and that the Government of the Commonwealth of Australia will make any payments required by the Agreement and receive any moneys accruing under it as reciprocal aid according to the terms of the Exchange of Notes between the Australian Minister at Washington and the Secretary of State of the United States of America on the 3rd September, 1942. I have the honour to be, With the highest consideration, Sir, Your obedient servant, H. V. EVATT (Minister of State) The Honourable NELSON TRUSLER JOHNSON, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, American Legation, Canberra. A.C.T. LEND-LEASE SETTLEMENT Agreement signed at Washington and New York June 7, 1946, with annex Entered into force June 7, 1946 60 Stat. 1707; Treaties and Other International Act Series 1528 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA ON SETTLEMENT FOR LEND-LEASE, RECIPROCAL AID, SURPLUS WAR PROPERTY, AND CLAIMS The Government of the United States of America and the Government of the Commonwealth of Australia (hereinafter referred to as the Commonwealth of Australia) have reached agreement as set forth below regarding settlement for lend-lease, reciprocal aid, and surplus war property located in Australia and for the financial claims of each Government against the other rising as a result of World War II. This settlement is complete and final. Both Governments, in arriving at this settlement, have taken full cognizance of the benefits already received by them in the defeat of their common enemies, and of the aid furnished by each Government to the other in the course of the war. No further benefits will be sought as consideration for lend-lease, reciprocal aid and surplus war property, or for the settlement of claims or other obligations arising out of the war, except as herein specifically provided. 1. (a) The term "lend-lease article" as used in this Agreement means any article transferred by the Government of the United States under the Act of March 11, 1941.1 (i) to the Commonwealth of Australia, or (ii) to any other government and retransferred to the Commonwealth of Australia. (b) The term "reciprocal aid article" as used in this Agreement means any article transferred by the Commonwealth of Australia to the Government of the United States under reciprocal aid. 2. In recognition of the mutual wartime benefits received by the two Governments from the interchange of lend-lease and reciprocal aid, neither 155 Stat. 31. Government will make any payment to the other for lend-lease and reciprocal aid articles and services used in the achievement of the common victory. 3. The Commonwealth of Australia, in discharge of its pre-existing commitment to compensate the Government of the United States for the postwar value of machine tools transferred during the war to the Commonwealth of Australia by the Government of the United States under lend-lease, and in consideration of the postwar value of other capital equipment transferred during the war under lend-lease, including the non-combat aircraft and spare parts therefor described in the Annex to this Agreement, and the transfer of the surplus property described in paragraph 8 (a) hereof, and in order to further educational and cultural relationships between the two countries by means of scholarships or otherwise in a manner mutually agreeable, will pay to the Government of the United States the sum of $27,000,000 as follows: (a) $20,000,000 in United States dollars within ninety days from the effective date of this Agreement; and (b) $7,000,000 by any of the following methods, or any combination thereof designated by the Government of the United States (employing the rate of exchange between United States dollars and Australian pounds now in effect): (i) By delivery to the Government of the United States by the Commonwealth of Australia of title to real property and improvements of real property in Australia, as selected and determined by agreement between the two Governments, aggregating in value not more than $2,000,000; (ii) by establishment of a fund in Australian pounds for expenditure by the Government of the United States in accordance with agreements to be reached between the two Governments for carrying out educational and cultural programs of benefit to the two countries; or (iii) in the event that, after three years from the date of this Agreement, the two Governments should mutually agree that the purposes described in subsections (i) and (ii) above cannot be carried out to the full extent now contemplated, any residue will be paid by the Commonwealth of Australia in United States dollars. 4. (a) The Commonwealth of Australia hereby acquires, and shall be deemed to have acquired as of September 2, 1945, full title, without qualification as to disposition or use, to all lend-lease articles in the possession of the Commonwealth of Australia, its agents or distributees, on September 2, 1945, and not subsequently returned to the Government of the United States, other than lend-lease articles on that date in the possession of the armed forces of the Commonwealth of Australia, but including the noncombat aircraft and spares described in the Annex to this Agreement. (b) The Government of the United States agrees to complete as early as possible the transfer (which term, except as hereinafter provided, shall include delivery aboard ocean vessel in a United States port) of the articles selected by the Commonwealth of Australia which were covered by lendlease requisitions filed by the Commonwealth of Australia with the United States Foreign Economic Administration and which were under contract, or were completed, but had not been transferred, on September 2, 1945, and such other articles and services as have been designated by agreement between the two Governments for inclusion in the lend-lease pipeline of the Commonwealth of Australia. Such transfer will be made in the quantities and according to the specifications and other conditions, except as to time of delivery, set forth in the covering requisitions, to the extent that such articles are or will be available to the Government of the United States for transfer to the Commonwealth of Australia. Title to the articles covered by this paragraph shall pass to the Commonwealth of Australia immediately upon loading of the articles on board ocean vessel in a United States port, provided that risk of loss not recoverable from the supplier, carrier or other third party, shall be assumed by the Commonwealth of Australia upon shipment from the factory or other premises of the supplier. Title to any articles that shall not have been loaded on board ocean vessel in a United States port prior to midnight on July 31, 1946, or two months after receipt by the Commonwealth of Australia of notice of availability, whichever is later, shall be deemed to have been transferred as of such later date, and thereafter the Commonwealth of Australia shall be responsible for storing and moving such articles within the United States and for delivering such articles aboard ocean vessel in a United States port.The Government of the United States will pay the cost of ocean transportation to Australia on United States flag vessels only of such of the articles covered by this paragraph as were loaded aboard ocean vessel berthing the United States ports prior to January 1, 1946. 5. The Government of the United States hereby acquires, and shall be deemed to have acquired as of September 2, 1945, full title, without qualification as to disposition or use (a) to all reciprocal aid articles transferred to the Government of the United States and not subsequently returned to the Commonwealth of Australia or lost, destroyed or consumed, other than reciprocal aid articles which on that date were in the possession of the armed forces of the Government of the United States, and (b) to all reciprocal aid articles transferred to the Government of the United States between September 2, 1945 and December 31, 1945, both dates inclusive, and not subsequently returned to the Commonwealth of Australia. 6. (a) The Government of the United States, with respect to lendlease articles (other than those described in the Annex to this Agreement), and the Commonwealth of Australia, with respect to reciprocal aid articles, reserve a right to recapture, respectively, at any time after September 1, 1945, any such articles which, as of the date upon which notice requesting return is communicated to the other Government, are in the possession of the armed |