States prior to August 23rd, 1934, on any contrivance by means of which the work may be mechanically performed. In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington this 23rd day of August, in the year of our Lord nineteen hundred and thirty-four, and of the Independ[SEAL] ence of the United States of America the one hundred and fifty-ninth. By the President: WILLIAM PHILLIPS, Acting Secretary of State FRANKLIN D. ROOSEVELT MILITARY AVIATION MISSION Agreement signed at Washington September 12, 1939 1 Superseded by agreement of June 29, 1940 1 54 Stat. 1813; Executive Agreement Series 161 AGREEMENT The President of the United States of America, by virtue of the authority conferred by the Act of Congress, approved May 19, 1926,2 as amended by an Act of Congress, May 14, 1935,3 having authorized the detail of United States Army Air Corps officers to assist the Argentine War Department, the following conditions are agreed between the Ambassador of the Argentine Republic at Washington, as representative and agent of the Argentine Ministry of War, hereinafter referred to as the Party of the First Part, and the Secretary of War of the United States of America as representative and agent of certain officers of the Air Corps, United States Army, hereinafter referred to as the Parties of the Second Part or as Officers of the Regular Army of the United States of America who have been detailed to their duties by the Secretary of War of the United States after approval of the compensation and emoluments herein stipulated. TITLE I DUTIES AND DURATION Article 1. The Parties of the Second Part hereby agree: a) To place at the disposal of the Party of the First Part all their technical and professional capacities, acting as technical advisers and instructors with regard to aviation when so requested by the Minister of War, Argentine Republic; b) To advise the Commanding Officer of the Army Air Forces cooperating with him in all matters pertaining to same, prescribing the courses and assisting in the instruction; 1 c) To instruct personally in their capacities as instructors of bombing, 1 EAS 175, post, p. 96. 244 Stat. 565. 3 49 Stat. 218. aerial gunnery, aerial tactics, blind and night flying and navigation, as regards both theory and flying, the students who are detailed to them in a complete course dealing with the subject for which they shall draw up a program in accordance with the directives of the Commander of the Air Forces of the Army; d) To obey without any reservations except such as may be required by the obligations of their oaths as officers of the United States Army, the orders of the service which may be given to them by the Minister of War or his lawful deputy, relative to the performances of their duties. In case of non-compliance with this provision the Party of the First Part shall be empowered to cancel the present contract, under the conditions set forth in Article 9; e) The Parties of the Second Part shall participate in such air flights as may be required in the performance of their duties; provided further, that the Argentine Government shall place an airplane at their disposal for such periodic flights as may be required to maintain their status as pilots under United States Army Regulations. In making flights no liability is assumed by the Parties of the Second Part for damage caused to equipment, or for death or injury to others incident to any accident in which he may be involved under the provisions of this contract. The senior officer will assure normally the direct relations with the Minister of War, the Chief of Staff of the Army and the Commanding Officer of the Air Force. Article 2. This agreement shall continue in effect for a period of one year from the date of its signature. Article 3. This present agreement is subject to extension by mutual consent at its expiration for a period of one year. Article 4. It is agreed that the services to be rendered by the Parties of the Second Part, as set forth in Article 1, shall be suspended in the event that any of the armed forces of Argentina engage in activities other than those normally carried on during times of peace. It is agreed further that in case of war being declared between the Argentine Republic and any other nation or between the United States and any other nation, the present agreement shall at once be considered terminated, subject to the return of the officers, their families and household effects to the United States, as indicated. in Articles 13, 14, 15, 16 and 19. Article 5. It is stipulated and agreed that while the Parties of the Second Part shall be employed under this agreement, or any extension thereof, the Party of the First Part will not engage the services of any personnel of any other foreign government for the duties and purposes contemplated by this agreement, unless expressly agreed to between the Argentine Government and the Government of the United States. TITLE II REQUISITES AND CONDITIONS Article 6. The Parties of the Second Part hereby agree not to divulge nor by any means to disclose to any foreign government or person whatsoever any secret or confidential matter of which they may become cognizant as a natural consequence of their functions, or in any other way, it being understood that this requisite honorably continues even after the expiration or cancellation of the present or any other subsequent agreement. Article 7. During the entire stay in the Argentine Republic at the service of the Party of the First Part, the Parties of the Second Part shall be entitled to the benefits which the Argentine Army Regulations provide for its officers of corresponding rank. Article 8. In case the Party of the First Part should desire that the services of the Parties of the Second Part be extended beyond the period stipulated in Article 2, as referred to in Article 3, written proposal to that effect must be made three months before the expiration of the present agreement. Article 9. The present agreement may be cancelled by either of the Parties subject to thirty (30) days' notice in writing. Article 10. For the purposes of the present contract the family of an officer is construed to include his wife and dependent children. Article 11. After each year of service with the Argentine Government, or proportional part thereof, should this contract be terminated prior to one year, the Parties of the Second Part are individually entitled to one month's leave or proportional part thereof with pay. Article 12. The leave cited in the preceding Article may be spent in foreign countries, subject to the standing instructions of the United States War Department concerning visits to foreign countries. In all cases, a previously written application, containing full details, addressed to the appropriate Argentine Army authority, will be necessary. Unused portions of such leave including that deriving from the previous individual contracts shall be cumulative from year to year. TITLE III COMPENSATIONS Article 13. For the services specified in Article 1 of this contract the officers of the Regular Army of the United States of America shall receive from the Argentine Government monthly compensation in pesos, national money, of legal tender, additional to the pay and allowances which they receive from the Government of the United States, according to the following schedule: The said salary shall be payable on the last day of each month, it being hereby stipulated that neither said compensation nor the pay and allowances which they receive from the Government of the United States, shall be subject to any Argentine Government tax now in force, and that if any other tax or taxes are imposed by the Argentine Government, the compensation shall be so increased as to cover this taxation. Article 14. The compensation set forth in Article 13 shall begin from the date of signature of this agreement in the case of such officers as may be in the Argentine Republic at that time, and in the case of any newly assigned officer shall begin on the date of leaving New York, traveling by sea. The compensation shall continue until the termination of this contract, plus the time required to travel by the usual sea route from Buenos Aires to New York, plus such additional time as may cover the leave periods. Article 15. The Party of the First Part will furnish the expenses of transportation if necessary by land and sea of the Parties of the Second Part, their families, household effects and baggage, including automobile, in advance, the officers and their families being furnished with first-class accommodations. Article 16. An additional allowance of one-half month's compensation will be provided in advance by the Argentine Government to cover expenses of locating and housing any additional officer and his family as may proceed to the Argentine Republic under this contract. Article 17. The cases of cancellation mentioned in Article 9 shall be compensated as follows: a) The United States may, if the public interest so requires, recall at any time any or all of the officers, substituting for them other officers acceptable to the Argentine Government, all expenses in connection therewith being incumbent upon the Government of the United States of America. If on the request of the Argentine Government, any member of the officers is recalled for due or just cause other than the termination of his services or illness, all expenses connected with the return shall be incumbent upon the United States of America. b) If cancellation of this contract be effected on the request of the United States of America, all expenses of the return of the officers and all effects thereof to the United States shall be borne by the Government of the United States of America; should cancellation be effected on the initiative of the Argentine Government, or as a result of war between the Argentine Republic and a foreign government or as the result of the contingency envisaged in Article 4, the Argentine Government shall bear these costs. Article 18. The Party of the First Part will not provide for annual leave any additional allowance or compensation further than that stipulated in Article 13 and mentioned in Article 14. |