initiative of the Brazilian Government, or as a result of war between Brazil and a foreign power, the Brazilian Government shall bear all the costs of the return to the United States of America of the Mission and the families and all effects thereof, in accordance with the provision of Arts. 13 and 16, and in addition thereto, the Brazilian Government shall pay to each officer an amount equivalent to three months compensation from the date of his arrival in New York proceeding by usually traveled sea route. TITLE V Recall and Replacement of Members of the Mission Art. 26. The United States of America, may if the public interest so requires, recall, at any time, any one or all of the members of the Mission, substituting for them other officers acceptable to the Brazilian Government, all the expenses connected therewith being incumbent on the Government of the United States of America. If on the request of the Brazilian Government, any member of the Mission is recalled for due and just cause other than that of the termination of his services on the Mission or his illness, all the expenses connected with the return shall be incumbent on the United States of America. Art. 27. Any member of the Mission may be relieved on his own request, by the Government of the United States of America, after two years of service in Brazil, being replaced in each case by an officer of corresponding rank and arm, as specified in Article 6, who is acceptable to the Brazilian Government. Art. 28. No member of the Mission relieved on his own request before he gives two years service shall be entitled to travel expenses and transportation of effects at the expense of the Brazilian Government except in case of illness. Art. 29. If any member of the Mission should be obliged by illness to discontinue service with the Mission, the Brazilian Government shall bear the expenses of return of himself, family and all effects thereof, to the United States as above stipulated for members with more than two years of service. Art. 30. If a member of the Mission or one of his family should die in Brazil, the Brazilian Government shall have the body transported to such city in the United States as the family of the deceased may designate. In case the deceased should be a member of the Mission, the Brazilian Government shall pay the expenses of the travel of the family and the transportation of all their effects to New York. Art. 31. In case of substitution for a member of the Mission, all the clauses of this agreement, except in cases of express provisions to the contrary, shall apply to the substitute, including those specified in Articles 13 and 15. TITLE VI Supersession of Original Contract and Authentication of New Agreement Art. 32. From the date of signing of this new agreement, embodied herein, by the accredited representatives of the Governments of the United States of America and of the United States of Brazil it will be in full effect and supersede entirely and in all particulars the original contract, signed at Washington May 10, 1934, by the Secretary of State of the United States of America, and the Brazilian Ambassador to the United States of America, and all supplementary agreements thereto. Art. 33. IN FAITH WHEREOF, the undersigned, being duly authorized, sign the present contract in two texts, each one in the English and Portuguese languages, at Rio de Janeiro, the twelfth day of November of 1936. WAIVER OF VISA FEES FOR NONIMMIGRANTS Exchange of notes at Rio de Janeiro December 16 and 17, 1937 186 League of Nations Treaty Series 413 The Minister of Foreign Affairs to the American Ambassador [TRANSLATION] DECEMBER 16th, 1937 EXCELLENCY, I have the honor to inform Your Excellency that the Brazilian Government agrees that no charge whatsoever shall be collected for visas or for the formalities necessary for the obtaining of visas which its representatives place on the passports of nationals of the United States of America and the Philippine Islands who are not immigrants and who come to Brazil on a visit. 2. For the purposes of this agreement, the national of either party who maintains a domicile in his own country with the intention of return thereto after a temporary absence and who goes to the country of the other contracting party for a temporary sojourn and for one of the following reasons shall be considered a non-immigrant: (a) To represent his Government in any official capacity; his family, attendants, servants and employees shall also be considered non-immigrants; (b) To visit the foreign country as a tourist or on business without, however, taking up residence for the purpose of establishing himself commercially or of undertaking any professional activity; (c) To pass through the country in transit to a third country; (d) In the case of seamen, to remain in the foreign country during the period in which their respective ships remain in port. 3. For the purposes of the present agreement, citizens of the United States of America, their wives and unmarried children, authorized to enter Brazil solely to carry on trade in accordance with the provisions of a treaty of commerce and navigation already in force, or which may be concluded in the future, shall also be considered non-immigrants. 4. It is clearly understood that the above provisions refer only to nationals of the two countries and not to persons holding passports issued to foreigners, and do not affect other provisions in force in the territories of the two countries regarding their respective immigration and public health laws. 5. The present agreement shall come into force on January 1st, 1938, and shall remain in force indefinitely until it is denounced by either of the Contracting parties on giving three months' notice. I take this opportunity to renew to Your Excellency the assurance of my highest consideration. I have the honor to inform Your Excellency that the Goverment of the United States of America agrees that no charge whatsoever be collected for visas which its representatives place on the passports of nationals of Brazil who are not immigrants and who come to the United States or to the Philippine Islands on a visit, or for executing applications therefor. For the purposes of this agreement, the national of either of the contracting parties, who maintains a domicile in his own country, with the intention to return thereto after a temporary absence, and who goes to the country of the other contracting party for a temporary sojourn and for the following reasons, will be considered a non-immigrant: a) to represent his Government in any official capacity, including his family, attendants, servants, and employees; b) -to visit the foreign country as a tourist or on business without, however, taking up residence for the purpose of establishing himself commercially or of undertaking any professional activity; c) d) -to pass through the country in transit to a third country; in the case of seamen, to remain in the foreign country during the period in which their respective ships remain in port; e) -Brazilian nationals, their wives and unmarried children, entitled to enter American territory, including the Philippine Islands, solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation, or one which may be concluded in the future. It is clearly understood that the above provisions refer only to the nationals of the two countries and not to persons holding passports given to foreigners and do not affect other provisions in effect in the territories of the two countries with respect to the immigration and public health laws. This agreement will enter into effect on the 1st day of January, 1938, and will remain in effect indefinitely until it is denounced by either of the contracting parties on three months previous notice. I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration. His Excellency Dr. MARIO DE PIMENTEL BRANDAO JEFFERSON CAFFERY |