Exchange of notes at Washington January 30, 1943, supplementing Entered into force January 30, 1943; operative from June 16, 1942 57 Stat. 920; Executive Agreement Series 313 The Belgian Ambassador to the Secretary of State AMBASSADE de belGIQUE D.8492-4 SIR: WASHINGTON, January 30, 1943 In the United Nations declaration of January 1, 1942,3 the contracting governments pledged themselves to employ their full resources, military and economic, against those nations with which they are at war; and in the Agreement of June 16, 1942, each contracting government undertook to provide the other with such articles, services, facilities or information useful in the prosecution of their common war undertaking as each may be in a position to supply. It is further the understanding of the Government of Belgium that the general principle to be followed in providing mutual aid as set forth in the said Agreement of June 16, 1942, is that the war production and the war resources of both Nations should be used by the armed forces of each and of the other United Nation in ways which most effectively utilize the available materials, manpower, production facilities and shipping space. With a view, therefore, to supplementing Article II and Article VI of the Agreement of June 16, 1942, between our two Governments for the provision of reciprocal aid, I have the honor to set forth the understanding of the Government of Belgium of the principles and procedures applicable to the provision of aid by the Government of Belgium to the armed forces of the United States and the manner in which such aid will be correlated with the maintenance of such forces by the United States Government. 1 See also lend-lease settlement agreements of Sept. 24, 1946 (TIAS 2064, post, p. 631); May 12, 1949 (TIAS 2070, post, p. 708); Apr. 20, 1950 (1 UST 437; TIAS 2074); and Jan. 20 and Apr. 2, 1954 (5 UST 647; TIAS 2953). "EAS 481, post, p. 594. EAS 236, ante, vol. 3, p. 697. EAS 254, ante, p. 571. 1. The Government of Belgium, retaining the right of final decision in each case in the light of its potentialities and responsibilities, will provide the United States or its armed forces with the following types of assistance as such reciprocal aid, when it is found that they can most effectively be procured in Belgium or the Belgian Congo: a) Supplies, materials, facilities and services for the United States forces, except for the pay and allowances of such forces, administrative expenses, and such local purchases as its official establishments may make other than through the official establishments of the Government of Belgium as specified in paragraph two. b) Supplies, materials and services needed in the construction of military projects, tasks and similar capital works required for the common war effort in Belgium and the Belgian Congo, except for the wages and salaries of United States citizens. c) Supplies, materials and services needed in the construction of such military projects, tasks and capital works in territory other than Belgium and the Belgian Congo or territory of the United States to the extent that Belgium or the Belgian Congo is a more practicable source of supply than the United States or another of the United Nations. 2. The practical application of the principles formulated in this note, including the procedure by which requests for aid are made and acted upon, shall be worked out as occasion may require by agreement between the two governments, acting when possible through their appropriate military or civilian administrative authorities. Requests by the United States Government for such aid will be presented by duly authorized authorities of the United States to official agencies of the Belgian Government which will be designated or established by the Government of Belgium for the purpose of facilitating the provision of reciprocal aid. 3. It is the understanding of the Government of Belgium that all such aid, as well as other aid, including information received under Article VI of the Agreement of June 16, 1942, accepted by the President of the United States or his authorized representatives from the Government of Belgium will be received as a benefit to the United States under the Act of March 11, 1941.5 In so far as circumstances will permit, appropriate record of aid received under this arrangement, except for miscellaneous facilities and services, will be kept by each Government. If the Government of the United States concurs in the foregoing, I would suggest that the present note and your reply to that effect be regarded as placing on record the understanding of our two governments in this matter and that for clarity and convenience of administration these arrangements 55 Stat. 31. be made retroactive to June 16, 1942, the date of the Agreement of the two Governments on the principles of mutual aid. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. I have the honor to acknowledge the receipt of your note of today's date concerning the principles and procedures applicable to the provision of aid by the Government of Belgium to the armed forces of the United States of America. In reply I wish to inform you that the Government of the United States agrees with the understanding of the Government of Belgium as expressed in that note. In accordance with the suggestion contained therein, your note and this reply will be regarded as placing on record the understanding between our two Governments in this matter. This further integration and stengthening of our common war effort gives me great satisfaction. Accept, Excellency, the renewed assurances of my highest consideration. His Excellency Count ROBERT VAN DER STRATEN-PONTHOZ Belgian Ambassador CORDELL HULL Secretary of State of the United States of America JURISDICTION OVER CRIMINAL OFFENSES COMMITTED BY U.S. ARMED FORCES IN BELGIAN CONGO Exchange of notes at Washington March 31, May 27, June 23 and Entered into force August 4, 1943 Expired October 28, 1952,1 in accordance with its terms 58 Stat. 1215; Executive Agreement Series 395 The Secretary of State to the Belgian Ambassador DEPARTMENT OF STATE EXCELLENCY: WASHINGTON I have the honor to refer to the Department's note of March 12, 1943 concerning an agreement between the United States and Belgium relating to the jurisdiction of American Service courts over members of the armed forces of the United States in the Belgian Congo. It is the desire of the Government of the United States that the Service courts and authorities of its military and naval forces shall, during the continuance of the present conflict, exercise exclusive jurisdiction over criminal offenses which may be committed in the Belgian Congo by members of such forces. If cases arise in which for special reasons the Service authorities of this Government may prefer not to exercise the above jurisdiction, it is proposed that in any such case a written statement to that effect shall be sent to the Belgian Government through diplomatic channels, in which event it would be open to the Belgian authorities to assume jurisdiction. Assurance is given that the Service courts and authorities of the United States forces in the Belgian Congo will be willing and able to try and on conviction to punish all criminal offenses which members of the United States forces may be alleged on sufficient evidence to have committed in the Belgian Congo, and that the United States authorities will be willing in principle 1 Six months after entry into force for the United States of treaty of peace with Japan (3 UST 3169; TIAS 2490). to investigate and deal appropriately with any alleged criminal offenses committed by such forces in the Belgian Congo which may be brought to their attention by the competent Belgian authorities or which the United States authorities may find have taken place. In so far as may be compatible with military security, the Service authorities of the United States will conduct the trial of any member of the United States forces for an offense against a member of the civilian population promptly in open court and within a reasonable distance from the place where the offense is alleged to have been committed so that witnesses may not be required to travel great distances to attend the trial. The competent American authorities will be prepared to cooperate with the authorities of the Belgian Congo in setting up a satisfactory procedure for affording such mutual assistance as may be required in making investigations and collecting evidence with respect to offenses alleged to have been committed by members of the armed forces of the United States. As a general rule it would probably be desirable that preliminary action be taken by the authorities of the Belgian Congo on behalf of the American authorities where the witnesses or other persons from whom it is desired to obtain testimony are not members of the United States forces. In the prosecution in the courts of the Belgian Congo of persons who are not members of the United States forces but where members of such forces are in any way concerned, the Service authorities of the United States will be glad to render such assistance as is possible in obtaining testimony of members of such forces or in making appropriate investigations. It is proposed that the foregoing arrangement shall be in effect during the present war and for a period of six months thereafter. If the above arrangement is acceptable to the Belgian Government, this note and the reply thereto accepting the provisions outlined shall be regarded as placing on record the understanding between our two Governments. Accept, Excellency, the renewed assurances of my highest consideration. I have the honor to refer to Your Excellency's letter of March 31st, concerning an agreement between the United States and Belgium relating to |