FINANCING OF EDUCATIONAL EXCHANGE PROGRAM Exchange of notes at Manila December 8 and 20, 1948, amending Entered into force December 20, 1948 1 62 Stat. 3805; Treaties and Other International Acts Series 1910 The American Chargé d'Affaires ad interim to the Secretary of Foreign No. 2266 EXCELLENCY: Affairs EMBASSY OF THE UNITED STATES OF AMERICA Manila, December 8, 1948 I have the honor to refer to Article 5 of the Fulbright Agreement between the Government of the United States of America and the Republic of the Philippines for the use of funds made available in accordance with the agreement between the Government of the United States of America and the Republic of the Philippines for the sale of surplus war property, which is worded as follows: "The management and direction of the affairs of the Foundation shall be vested in a Board of Directors consisting of nine Directors (hereinafter designated the 'Board'). "The principal officer in charge of the Diplomatic Mission of the United States of America to the Republic of the Philippines (hereinafter designated the 'Chief of Mission') shall be Honorary Chairman of the Board. He shall have the power of appointment and removal of members of the Board at his discretion. The members of the Board shall be as follows: (a) the Chief Public Affairs Officer of the United States Embassy in the Philippines, Chairman; (b) two other members of the Embassy staff, one of whom shall serve as treasurer; (c) two citizens of the United States of America, one represent 1 14 UST 352; TIAS 5321. 2 Agreement signed at Manila Mar. 23, 1948 (TIAS 1730, ante, p. 123), as amended by agreement of Apr. 2 and 8, 1948 (TIAS 1745, ante, p. 131). ative of American business interests in the Philippines and one representative of American educational interests in the Philippines; and (d) four citizens of the Philippines, at least two of whom shall be prominent in the field of education. "The six members specified in (c) and (d) of the last preceding paragraph shall be resident in the Philippines and shall serve from the time of their appointment until the succeeding December 31 next following such appointment. They shall be eligible for reappointment. The United States members shall be designated by the Chief of Mission; the Philippines members by the Chief of Mission from a list of names submitted by the Government of the Republic of the Philippines. Vacancies by reason of resignations, transfer of residence outside of the Philippines, expiration of term of service, or otherwise shall be filled in accordance with this procedure. "The Directors shall serve without compensation, but the Foundation is authorized to pay the necessary expenses of the Directors in attending meetings of the Board." The Department of State has reconsidered its policy relating to the pattern of membership of the Board of Directors of USEFP and now suggests the following amendment to Article 5, which equalizes the representation of our two countries on the Board and vests in the Philippine Government the right to appoint and remove its own representatives. Although the proposed amendment removes all specifications as to fields of interest to be represented by appointees, it is hoped to obtain as wide a representation as possible of private and governmental interests among the representatives of each country. "The management and direction of the affairs of the Foundation shall be vested in a Board of Directors consisting of ten Directors (hereinafter designated the 'Board'), five of whom shall be citizens of the United States of America and five of whom shall be citizens of the Philippines. In addition, the principal officer in charge of the Diplomatic Mission of the United States of America to the Republic of the Philippines (hereinafter designated 'the Chief of Mission') shall be Honorary Chairman of the Board. He shall cast the deciding vote in the event of a tie vote by the Board and shall appoint the Chairman of the Board. The citizens of the United States of America on the Board, at least three of whom shall be officers of the United States Foreign Service establishment in the Philippines, shall be appointed and removed by the Chief of Mission; the citizens of the Philippines on the Board shall be appointed and removed by the Government of the Republic of the Philippines. "The Directors shall serve from the time of their appointment until one year from the following December 31 and shall be eligible for reappointment. Vacancies by reason of resignation, transfer of residence outside the Philippines, expiration of term of service or otherwise, shall be filled in accordance with this procedure. "The Directors shall serve without compensation but the Foundation is authorized to pay the necessary expenses of the Directors in attending the meetings of the Board." Upon the receipt of a note from Your Excellency stating that the foregoing suggestion is acceptable to the Government of the Republic of the Philippines, the Government of the United States of America will consider that the subject agreement has been so amended. Accept, Excellency, the renewed assurances of my highest consideration. THOMAS H. LOCKETT His Excellency ELPIDIO QUIRINO Secretary of Foreign Affairs Republic of the Philippines Chargé d'Affaires, a.i. The Acting Undersecretary of Foreign Affairs to the American Chargé SIR: d'Affaires ad interim REPUBLIC OF THE PHILIPPINES MANILA, December 20, 1948 I wish to acknowledge receipt of your note No. 2266, dated December 8, 1948, which reads as follows: [For text of U.S. note, see above.] and to inform you that the suggested amendment to Article 5 of the Fulbright Agreement, quoted therein, is acceptable to the Government of the Republic of the Philippines, and, therefore, as of this date, subject agreement may be considered so amended. Accept, Sir, the renewed assurances of my high consideration. FELINO NERI Acting Undersecretary The Honorable THOMAS H. LOCKETT Chargé d'Affaires ad interim United States Embassy Manila OCCUPATION OF TEMPORARY QUARTERS AND INSTALLATIONS Exchange of notes at Manila March 26 and 28, 1949 Entered into force March 26, 1949 Expired May 15, 1949, in accordance with its terms 1 1 Department of State files The American Chargé d'Affaires ad interim to the Secretary of Foreign No. 0310(B) EXCELLENCY: Affairs EMBASSY OF THE UNITED STATES OF AMERICA I have the honor to refer to the Agreement Between the United States of America and the Republic of the Philippines Concerning Military Bases signed at Manila on March 14, 19472 and, in particular, to paragraph 1, Article XXI of that Agreement which limits the right of the United States to occupy temporary quarters and installations then existing outside the bases listed in Annex A and Annex B of the Agreement for a reasonable time not exceeding two years, but which also reserves for my Government the right, if circumstances require, to negotiate with Your Excellency's Government with a view to extending the right of the United States armed forces to continued occupation of temporary quarters and installations beyond the date. March 26, 1949. My Government has indicated its intention to honor the aforementioned provisions of the Agreement by opening negotiations with Your Excellency's Government on March 9, 1949 with a view to relinquishing to the Philippine Government such temporary quarters and installations whose use was no longer required by the United States armed forces, and further with a view to requesting the retention by the United States of certain other temporary quarters and installations, necessary adjuncts to the roll-up program of the 1For extension of term of occupancy, see agreement of May 14 and 16, 1949 (TIAS 1967), post, p. 175. TIAS 1775, ante, p. 55. United States armed forces in withdrawing to the permanent bases listed in Annex A of the Agreement. Certain difficulties in concluding mutually satisfactory agreements regarding these matters have delayed the final formalization of the contemplated transfers and authorization for continued occupancy. Therefore I desire to propose to Your Excellency a modus vivendi to be exchanged between our respective Governments to cover the existing status quo regarding temporary quarters and installations of the armed forces of the United States. "The Government of the Republic of the Philippines recognizes that the United States has signified its intention to honor the provisions of Article XXI of the Military Bases Agreement by entering into negotiations with the Philippine Government prior to the date set in that Agreement for the relinquishment or extension of certain quarters and installations occupied by the United States Army in the Philippines. Inasmuch as the Philippine Government recognizes that no mutually satisfactory agreement will be reached with the United States Government before March 26, 1949 pursuant to paragraph 1, Article XXI of the Bases Agreement to make legal the continued occupation of certain quarters and installations in the Philippines by the United States Army after March 26, 1949, the Philippine Government hereby extends the right of the United States Army to continue the occupation of the temporary quarters and installations as enumerated in Annex 1 of the proposed Note Two and the annex to the proposed Note One now being discussed between the two Governments until such time, but not later than May 15, 1949, as a formal agreement for the extension of such occupation shall have been reached." I desire to inform Your Excellency that an acknowledgment of the receipt of this note stating that the terms of the proposed modus vivendi are acceptable to the Philippine Government will be considered by the Government of the United States as acceptance by the Government of the Republic of the Philippines of the present temporary status quo regarding quarters and installations in the Philippines presently occupied by the armed forces of the United States, and outside Annex A and Annex B bases, until such time as a permanent final agreement may be mutually decided upon. Accept, Excellency, the renewed assurances of my highest consideration. THOMAS H. LOCKETT His Excellency ELPIDIO QUIRINO Secretary of Foreign Affairs of the Republic of the Philippines Charge d'Affaires a. i. |