other person designated by the deceased, under the provisions of this Article, shall be paid within fifteen (15) days of the decease of the said member. TITLE V Requisites and Conditions ARTICLE 21. So long as this Agreement, or any extension thereof, is in effect, the Government of Bolivia shall not engage the services of any personnel of any other foreign government for duties of any nature connected with the Bolivian Air Force, except by mutual agreement between the Government of the United States of America and the Government of Bolivia. ARTICLE 22. Each member of the Mission shall agree not to divulge or in any way disclose to any foreign government or to any person whatsoever any secret or confidential matter of which he may become cognizant in his capacity as a member of the Mission. This requirement shall continue in force after the termination of service with the Mission and after the expiration or cancellation of this Agreement or any extension thereof. ARTICLE 23. Throughout this Agreement the term “family” is limited to mean wife and dependent children. ARTICLE 24. Each member of the Mission shall be entitled to one month's annual leave with pay, or to a proportional part thereof with pay for any fractional part of a year. Unused portions of said leave shall be cumulative from year to year during service as a member of the Mission. ARTICLE 25. The leave specified in the preceding Article may be spent in Bolivia, in the United States of America or in other countries, but the expense of travel and transportation not otherwise provided for in this Agreement shall be borne by the member of the Mission taking such leave. All travel time shall count as leave and shall not be in addition to the time authorized in the preceding Article. ARTICLE 26. The Government of Bolivia agrees to grant the leave specified in Article 24 upon receipt of written application, approved by the Chief of the Mission with due consideration for the convenience of the Government of Bolivia. ARTICLE 27. Members of the Mission that may be replaced shall terminate their services on the Mission only upon the arrival of their replacements, except when otherwise mutually agreed upon in advance by the respective Governments. ARTICLE 28. The Government of Bolivia shall provide suitable medical attention to members of the Mission and their families. In case a member of the Mission becomes ill or suffers injury, he shall, at the discretion of the Chief of the Mission, be placed in such hospital as the Chief of the Mission deems suitable, after consultation with the Minister of National Defense of Bolivia, and all expenses incurred as the result of such illness or injury while the patient is a member of the Mission and remains in Bolivia shall be paid by the Government of Bolivia. If the hospitalized member is a commissioned officer he shall pay his cost of subsistence, but if he is an enlisted man the cost of subsistence shall be paid by the Government of Bolivia. Families shall enjoy the same privileges agreed upon in this Article for members of the Mission, except that a member of the Mission shall in all cases pay the cost of subsistence incident to hospitalization of a member of his family, except as may be provided under Article 10. ARTICLE 29. Any member of the Mission unable to perform his duties with the Mission by reason of long continued physical disability shall be replaced. IN WITNESS WHEREOF, the undersigned, Cordell Hull, Secretary of State of the United States of America, and Luis Fernando Guachalla, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Bolivia at Washington, duly authorized thereto, have signed this Agreement in duplicate in the English and Spanish languages, at Washington, this fourth day of September, one thousand nine hundred and forty-one. Agreement signed at Washington December 6, 1941 1941 For. Rel. (VI) 428 Whereas the United States of America and the Republic of Bolivia declare that in conformity with the principles set forth in the Declaration of Lima, approved at the Eighth International Conference of American States on December 24, 1938,2 they, together with all the other American republics, are united in the defense of the Americas, determined to secure for themselves and for each other the enjoyment of their own fortunes and their own talents; and Whereas the President of the United States of America, pursuant to the Act of the Congress of the United States of America of March 11, 1941,3 and the President of the Republic of Bolivia have determined that the defense of each of the American republics is vital to the defense of all of them; and Whereas the United States of America and the Republic of Bolivia are mutually desirous of concluding an Agreement for the providing of defense articles and defense information by either country to the other country, and the making of such an Agreement has been in all respects duly authorized, and all acts, conditions and formalities which it may have been necessary to perform, fulfill or execute prior to the making of such an Agreement in conformity with the laws either of the United States of America or of the Republic of Bolivia have been performed, fulfilled or executed as required; The undersigned, being duly authorized for that purpose, have agreed as follows: ARTICLE I The United States of America proposes to transfer to the Republic of Bolivia under the terms of this Agreement armaments and munitions of war to a total value of about $11,000,000. The United States of America proposes to begin deliveries immediately and to continue deliveries as expeditiously as practicable during the coming twelve months to an approximate total value of $3,000,000 for use by the Bolivian Army. 1 1 An arrangement for full settlement within basic terms of lend-lease agreement was effected by exchange of notes at La Paz July 17 and Nov. 22, 1947; final payment was made and reported in 32d Report to Congress on Lend-Lease Operations, p. 2. In conformity, however, with the Act of the Congress of the United States of America of March 11, 1941, the United States of America reserves the right at any time to suspend, defer, or stop deliveries whenever, in the opinion of the President of the United States of America, further deliveries are not consistent with the needs of the defense of the United States of America or the Western Hemisphere; and the Republic of Bolivia similarly reserves the right to suspend, defer, or stop acceptance of deliveries under the present Agreement, when, in the opinion of the President of the Republic of Bolivia, the defense needs of the Republic of Bolivia or the Western Hemisphere are not served by continuance of the deliveries. ARTICLE II Records shall be kept of all defense articles transferred under this Agreement, and not less than every ninety days schedules of such defense articles shall be exchanged and reviewed. Thereupon the Republic of Bolivia shall pay in dollars into the Treasury of the United States of America the total cost to the United States of America of the defense articles theretofore delivered up to a total of $2,000,000 less all payments theretofore made, and the Republic of Bolivia shall not be required to pay more than a total of $333,333.33 before December 1, 1942, more than a total of $666,666.66 before December 1, 1943, more than a total of $1,000,000.00 before December 1, 1944, more than a total of $1,333,333.33 before December 1, 1945, more than a total of $1,666,666.66 before December 1, 1946, or more than a total of $2,000,000.00 before December 1, 1947. In case the President of the United States of America shall stop deliveries under the provisions of Article I, or if the United States of America shall be unable to complete deliveries up to the total value contemplated by that Article, the payments to be made by the Republic of Bolivia shall be reduced in the same proportion; so that the Republic of Bolivia shall never be obligated to pay to the United States of America a greater percentage of the total value of deliveries actually made available by the United States of America than the total payment provided in this Article bears to the total value of contemplated deliveries provided in Article I. ARTICLE III The United States of America and the Republic of Bolivia, recognizing that the measures herein provided for their common defense and united resistance to aggression are taken for the further purpose of laying the bases for a just and enduring peace, agree, since such measures cannot be effective or such a peace flourish under the burden of an excessive debt, that upon the payments above provided all fiscal obligations of the Republic of Bolivia hereunder shall be discharged; and for the same purpose they further agree, in conformity with the principles and program set forth in Resolution XXV on Economic and Financial Cooperation of the Second Meeting of the Ministers of Foreign Affairs of the American Republics at Habana, July 1940,* to cooperate with each other and with other nations to negotiate fair and equitable commodity agreements with respect to the products of either of them and of other nations in which marketing problems exist, and to cooperate with each other and with other nations to relieve the distress and want caused by the war wherever, and as soon as, such relief will be succor to the oppressed and will not aid the aggressor. ARTICLE IV Should circumstances arise in which the United States of America in its own defense or in the defense of the Americas shall require defense articles or defense information which the Republic of Bolivia is in a position to supply, the Republic of Bolivia will make such defense articles and defense information available to the United States of America, to the extent possible without harm to its economy and under terms to be agreed upon. ARTICLE V The Republic of Bolivia undertakes that it will not, without the consent of the President of the United States of America, transfer title to or possession of any defense article or defense information received under this Agreement, or permit its use by anyone not an officer, employee, or agent of the Republic of Bolivia. Similarily, the United States of America undertakes that it will not, without the consent of the President of the Republic of Bolivia, transfer title to or possession of any defense article or defense information received in accordance with Article IV of this Agreement, or permit its use by anyone not an officer, employee, or agent of the United States of America. ARTICLE VI If, as a result of the transfer to the Republic of Bolivia of any defense article or defense information, it is necessary for the Republic of Bolivia to take any action or make any payment in order fully to protect any of the rights of any citizen of the United States of America who has patent rights in and to any such defense article or information, the Republic of Bolivia will do so, when so requested by the President of the United States of America. Similarly, if, as a result of the transfer to the United States of America of any defense article or defense information, it is necessary for the United States of America to take any action or make any payment in order fully to protect any of the rights of any citizen of the Republic of Bolivia who has 4 For text, see Department of State Bulletin, Aug. 24, 1940, p. 141. |