SIR: MILITARY MISSION Exchange of notes at Washington July 21 and 23, 1934, amending agreement of May 10, 1934 Entered into force July 23, 1934 Extended by agreement of November 9 and December 16 and 19, 1935 1 49 Stat. 3552; Executive Agreement Series 65 The Secretary of State to the Brazilian Chargé d'Affaires ad interim DEPARTMENT OF STATE 1 Referring to previous correspondence concerning the proposed amendment of the Military Mission Agreement between the Governments of the United States of America and the United States of Brazil, signed at Washington on May 10, 1934,3 so as to permit of the designation of an officer of the Army of the United States of America to serve as a professor of Permanent Fortification Construction in the Course of Technical Construction of the Brazilian Army, the undersigned Secretary of State of the United States of America, duly authorized by his Government, begs to state that it will be entirely satisfactory to the Government of the United States of America. to enter into such a supplementary agreement by an exchange of notes on the understanding that the said officer shall possess the same rights and privileges as the officers detailed in the original Contract of May 10, 1934; that the Agreement shall be considered as and be deemed to be an addendum to the said contract, in accordance with Article 7 thereof, and that it shall be regarded as having the same force and effect as if originally embodied in that contract. The Government of the United States of America will be pleased to consider the above-stated understanding to be effective on the day of the receipt of a note from you stating the acceptance of the understanding by the Government of the United States of Brazil. Accept, Sir, the renewed assurances of my high consideration. The Honorable CORDELL HULL CYRO DE FREITAS-VALLE Minister Plenipotentiary Chargé d'Affaires ad interim of Brazil The Brazilian Chargé d'Affaires ad interim to the Secretary of State No. 75 MR. SECRETARY OF STATE: [TRANSLATION] EMBASSY OF THE UNITED STATES OF BRAZIL WASHINGTON, July 23, 1934 With reference to a proposed supplement to the contract between the United States of Brazil and the United States of America as to a military mission, signed at Washington on May 10, 1934, for the purpose of permitting the appointment of an officer of the Army of the United States of America to serve as teacher of construction of permanent fortifications in the course of technical construction of the Brazilian Army, the undersigned, Chargé d'Affaires of Brazil, has the honor to acknowledge receipt of the note of the 21st instant, whereby the Secretary of State, being duly authorized by his Government, is good enough to inform him that the Government of the United States of America is ready to conclude by exchange of notes a supplementary agreement in this respect, in the understanding that the said. officer will have rights and privileges equal to those granted to the officers mentioned in the original contract of May 10, 1934, such addition being considered as made in accordance with article 7 of the said contract and as Ivalid as if it were included therein. 2. Being duly authorized by his Government, the Chargé d'Affaires of Brazil, has the honor to state that the Government of the United States of Brazil accepts the said conditions and, in accordance with the terms of the note to which this is a reply, agrees in considering the said supplement to the contract of May 10, 1934, with the Government of the United States of America, as in force from the date of this note. The undersigned avails himself of this opportunity to renew to Your Excellency the assurances of his very high consideration. His Excellency CORDELL HULL C. DE FREITas-Valle Secretary of State of the United States of America RECIPROCAL TRADE Agreement and exchange of notes signed at Washington February 2, 19351 Approved and confirmed by the President of the United States March 6, 1935 Ratified by Brazil November 30, 1935 Approval and ratification exchanged at Rio de Janeiro December 2, Proclaimed by the President of the United States December 2, 1935 Rendered inoperative (except for provisions of article XIV relating to 4 Terminated June 19, 1958 * 3 49 Stat. 3808; Executive Agreement Series 82 AGREEMENT The President of the United States of America and the President of the Republic of the United States of Brazil, desiring to strengthen the traditional bonds of friendship between the two countries; to give effect to the principles embodied in the Resolution on economic, commercial and tariff policies approved on December 16, 1933, by the Seventh International Conference of American States; and to supplement the principle of equality embodied in the Exchange of Notes signed October 18, 1923,5 by granting mutual and reciprocal advantages for the promotion of trade between the two countries, as well as for the expansion of international trade, have resolved to conclude a Trade Agreement, and for that purpose have appointed their plenipotentiaries, as follows: The President of the United States of America: Mr. Cordell Hull, Secretary of State of the United States of America, and 1 For schedules annexed to agreement and related exchange of notes of Apr. 17, 1935, see 49 Stat. 3822 and 3834 or pp. 16 and 30 of EAS 82. 'TIAS 1811, post, p. 1048. Pursuant to notice of termination given by Brazil Dec. 18, 1957. *TS 672, ante, p. 829. The President of the Republic of the United States of Brazil: Senhor Oswaldo Aranha, Ambassador Extraordinary and Plenipotentiary of the Republic of the United States of Brazil to the Government of the United States of America; Who, after having exchanged their full powers, found to be in good and due form, have agreed upon the following articles: ARTICLE I The United States of America and the United States of Brazil will grant each other unconditional and unrestricted most-favored-nation treatment in all matters concerning customs duties and subsidiary charges and in the method of levying duties, and, further, in all matters concerning the rules, formalities, and charges imposed in connection with the clearing of goods through the customs. Accordingly, natural or manufactured products having their origin in the United States of America or the United States of Brazil shall in no case be subject in the other country, in regard to the matters referred to above, to any duties, taxes, or charges other or higher, or to any rules or formalities other or more burdensome, than those to which the like products of any third country are or may hereafter be subject. Similarly, natural or manufactured products exported from the territory of the United States of America or the United States of Brazil and consigned to the territory of the other country shall in no case by subject with respect to exportation and in regard to the above-mentioned matters, to any duties, taxes, or charges other or higher, or to any rules or formalities other or more burdensome, than those to which the like products when consigned to the territory of any third country are or may hereafter be subject. Any advantage, favor, privilege, or immunity which has been or may hereafter be granted by the United States of America or the United States of Brazil in regard to the above-mentioned matters, to a natural or manufactured product originating in any third country or consigned to the territory of any third country shall be accorded immediately and without compensation to the like product originating in or consigned to the territory of the United States of Brazil or the United States of America, respectively. ARTICLE II 1. No prohibitions, import or customs quotas, import licenses or any other form of quantitative restriction or control shall be imposed by the United States of Brazil on the importation or sale of any article the growth, produce or manufacture of the United States of America enumerated and described in Schedule I annexed to this Agreement and made a part thereof, 6 See footnote 1, p. 849. 6 nor by the United States of America on the importation or sale of any article the growth, produce or manufacture of the United States of Brazil enumerated and described in Schedule II annexed to this Agreement and made a part thereof: Provided, That the foregoing provision shall not apply to prohibitions or restrictions (a) related to public security; (b) imposed on moral or humanitarian grounds; (c) designed to protect human, animal, or plant life, subject to the provisions of Article X; (d) related to prison-made goods; (e) related to the enforcement of police or revenue laws; or (f) permitted by paragraph 2 of this Article. 2. The provisions of the first paragraph of this Article shall not apply to any quantitative restriction imposed by the United States of America or the United States of Brazil on the importation or sale of any article the growth, produce or manufacture of the other country in conjunction with governmental measures operating to regulate or control the production, market supply, or prices of like domestic articles: Provided, That before any quantitative restriction on importation under the foregoing provisions of this paragraph is established, or having been established, is materially changed, the Government of the country which proposes to establish or materially change such restriction shall give notice thereof in writing to the other Government and shall accord the latter Government thirty days from the receipt of such notice to examine such proposed restriction or change; and Provided further, That in the event such other Government objects to such proposed restriction or change, and if an agreement is not reached by the end of the thirtieth day following receipt of the notice of the intention to establish or change such restriction, the Government which proposes to take such action shall be free to do so at any time thereafter, and the other Government shall be free within fifteen days after the imposition of such restriction or change to terminate this Agreement on thirty days' notice. 3. The present Agreement being based on the principle of unconditional most-favored-nation treatment, the United States of America and the United States of Brazil agree that, if either Government should establish or maintain any form of quantitative restriction or control of the importation of any article or of the sale of any imported article the growth, produce or manufacture of the other country, it will give the widest possible application to the mostfavored-nation principle and will administer any such prohibition or restriction in such a way as not to discriminate against the commerce of the other country. To this end it is agreed: (a) That neither the United States of America nor the United States. of Brazil shall establish or maintain any prohibition or quantitative restriction on the importation or sale of any article the growth, produce or manufacture of the other country which is not applied to the importation or sale of any like article the growth, produce or manufacture of any third country; 219-919-70-55 |