mum period of two years, he shall not be entitled to the benefits of the return voyage stipulated by Articles 14, 15 and 16. Article 20-Should the Government of the United States of America detach any member of the Mission for breach of discipline, no cost of the return shall be borne by the Government of the United States of Brazil. Article 21-If the services of any member of the Mission should terminate prior to the completion of two years from motives other than those specified in the foregoing Articles, he shall receive from the Brazilian Government all the compensation and allowances to which he would have been entitled upon the completion of two years, and shall be entitled to the benefits of Article 14 of this Title. Article 22-Transportation and travel expenses in Brazil on the official business of the Brazilian Government shall be defrayed by that Government in accordance with Article 10. Article 23-The Chief of the Mission shall be furnished by the Brazilian Government with a suitable automobile, with chauffeur, and upon advance requisition a properly equipped aircraft shall be supplied for the use of the members of the Mission either for official business or for the occasional training flights required by the Regulations of the United States Army; at the same time authority is granted to the personnel of the Mission to fly over Brazilian territory in United States Army aircraft after prior understanding with the Minister of War of Brazil. Neither the United States Government nor any member of the Mission shall assume any responsibility for damage of material or equipment, or for injuries to or deaths of third persons, caused by or resulting from accidents occurring during any of these service flights. Article 24-Suitable offices shall be made available for the members of the Mission. Article 25-Should any member of the Mission, or of his family, die in Brazil, the Brazilian Government shall have the body transported to such city in the United States of America as the family of the deceased may indicate, but the cost to the Brazilian Government shall not exceed the cost of transporting the remains from the place of decease to New York City. Should the deceased be a member of the Mission, his services shall be considered to have terminated fifteen days after his death. Return transportation to New York City for the family of the deceased and for their baggage, furniture and automobile shall be provided as prescribed by Articles 15 and 16. All compensation due the deceased member, including salary for the fifteen days subsequent to his death, and reimbursement for expenses and transportation due him for travel on Brazilian official business, shall be paid to the widow or to any other person who may have been designated in writing by the deceased while serving under the terms of this Agreement; but no payments shall be made for accrued leave due and not taken by the deceased. All payments due the widow or other person designated by the deceased under the provisions of this Article, shall be effected prior to the departure of the widow or other designated person from Brazil, and within fifteen days of the decease. TITLE V Requisites and Conditions Article 26-So long as this Agreement, or any extension thereof, is in effect, the Brazilian Government shall not engage the services of any personnel of any other foreign government for duties pertaining to the Coast Artillery and Military Aviation. Article 27-No member of the Mission shall divulge or reveal in any manner to any foreign government or person whatsoever, any matter of a secret, confidential, or restricted nature of which he may become cognizant in his capacity as a member of the Mission. This requirement shall continue to be binding after termination of duty with the Mission, and after the expiration or cancelation of this Agreement or any extension thereof. Article 28-The term family throughout the text of this Agreement shall be construed to mean for all relevant purposes: Wife, minor sons and unmarried daughters. Article 29-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 leave shall be cumulative from year to year during service as a member of the Mission. Article 30-The leave provided for in the preceding Article may be taken abroad, but the travel and transportation expenses incident thereto shall be borne by the officer taking the leave. All travel time shall count as leave and shall not be in addition to that authorized in the preceding Article. Article 31-The Brazilian Government agrees to grant leave requested by the Chief of the Mission in writing, provided that it does not interfere with the efficiency of the service. Article 32-Except when otherwise agreed upon in advance by the respective Governments, reliefs shall be effected by personal contact in Brazil between retiring members and the relieving members. Article 33-Medical attention shall be furnished by the Government of Brazil to the members of the Mission and their families. In case a member of the Mission becomes ill or suffers injury, he shall, if an officer, be placed in such hospital as the Chief of the Mission deems suitable, after consultation with the Brazilian authorities, and all expenses of treatment of the illness or injury, while the patient is a member of the Mission and remains in Brazil, shall be paid by the Government of Brazil. If the hospitalized member is an officer, he shall pay only his subsistence; if, however, he is an enlisted man, subsistence shall be paid by the Brazilian Government provided he accepts treatment in the Hospital Central do Exército. The privileges accorded by this Article to the members of the Mission shall be accorded equally to their families, except that the head of the family shall in each case be responsible for subsistence expenditures incurred in connection with the hospitalization of a member of his family, it being understood that the rights established in Article 10 shall be respected. Article 34-Any member of the Mission unable to perform his duties by reason of long continued physical disability shall be replaced. Article 35—This Agreement shall come into force on the date of signature and shall replace, as of the same date, the Agreement between the two Governments signed on November 12, 1938, for a United States Military Mission to Brazil.2 IN FAITH WHEREOF, the undersigned, being duly authorized, have signed the present Agreement in duplicate in the Portuguese and English languages at Rio de Janeiro, United States of Brazil, this 17th day of January, 1941. OSWALDO ARANHA Minister of Foreign Affairs ENRICO G. DUTRA Minister of War WILLIAM C. BURDETT Representative of the American Government 2 EAS 135, ante, p. 877. Agreement signed at Washington October 1, 1941 Superseded by agreement of March 3, 19422 1941 For. Rel. (VI) 534 Whereas the United States of America and the United States of Brazil 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, 1938,3 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 has determined pursuant to the Act of the Congress of the United States of America of March 11, 1941,* and the President of the United States of Brazil has 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 United States of Brazil are mutually desirous of concluding an Agreement for the providing of defense articles, strategic or critical materials, 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 United States of Brazil 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 United States of Brazil under the terms of this Agreement armaments and munitions of war to a total value of about $100,000,000. The United States of America proposes 1 Arrangements for full settlement within basic terms of lend-lease agreement were effected by exchanges of notes Apr. 15, 1948, and Apr. 19, 1950; final payments were made and reported in 35th and 36th Reports to Congress on Lend-Lease Operations, pp. 2 and 3. to begin deliveries immediately and to continue deliveries as expeditiously as practicable during the coming twelve months to an approximate total value of $15,000,000 for use by the Brazilian Army and an approximate total value of $1,000,000 for use by the Brazilian Navy. 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 United States of Brazil similarly reserves the right to suspend, defer, or stop acceptance or deliveries under the present Agreement, when, in the opinion of the President of the United States of Brazil, the defense needs of the United States of Brazil 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 often than every ninety days schedules of such defense articles shall be exchanged and reviewed. Thereupon the United States of Brazil 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 $35,000,000, less all payments theretofore made, and the United States of Brazil shall not be required to pay more than a total of $5,833,333.33 before July 1, 1942, more than a total of $11,666,666.66 before July 1, 1943, more than a total of $17,500,000.00 before July 1, 1944, more than a total of $23,333,333.33 before July 1, 1945, more than a total of $29,166,666.66 before July 1, 1946, or more than a total of $35,000,000.00 before July 1, 1947. ARTICLE III The United States of America and the United States of Brazil, 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 United States of Brazil 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 1940,5 to cooperate with each other and with other nations to negotiate fair B For text, see Department of State Bulletin, Aug. 24, 1940, p. 141. |