CLAUSE XVI In the event that, upon the expiration of each twelve-month period of this agreement, calculated from the date of its execution, and again six months before its expiration, the Foundation deems that the funds, which it has set aside as "Administrative Funds of the Foundation", will be more than are needed for that purpose for the entire period of the program, the Foundation will thereupon advise the Superintendent of the CBAR of the surplus which it can accordingly make available for projects, and such additional sums shall be paid into the bank account of the CBAR or shall be otherwise disposed of pursuant to this Agreement. CLAUSE XVII All the funds introduced into Brazil by the Foundation for the purposes of the cooperative educational program shall be exempt from all taxes, service charges, investment or deposit requirements and other currency controls, and shall be converted into Cruzeiros at the most favorable rate of exchange which the Government of Brazil or any of its Agencies or any Brazilian bank concedes to the Government of Brazil or to any of its Departments or to any other Nation, organization, or individual. Similarly, where it may be necessary or advisable to convert Cruzeiros into Dollars for the financing of grants or for other expenditures in the United State of America, the conversion of Cruzeiros into Dollars shall be made at the official rate of exchange. CLAUSE XVIII The Government of Brazil accepts and recognizes the Foundation as a corporate agency of the Government of the United States of America, having juridic personality, and, accordingly, the Foundation shall be exempt and immune from, among other things, any and all taxes, fees, charges, imposts, and custom duties, whether national, state, provincial or municipal, and from all requirements for licenses. The personnel of the Foundation who are citizens of the United States of America shall be exempt from all Brazilian income taxes and social security taxes with respect to the income on which they are obliged to pay income taxes or social security taxes in the United States of America. Such personnel shall also be exempt from the payment of customs or other duties on personal effects and on goods, equipment and supplies imported or exported for their own personal use or for the personal use of the members of their families. CLAUSE XIX Any right, privilege, power, or duty conferred by this Agreement upon either the Superintendent of the CBAR or the Special Representative of the Foundation may be delegated by the recipient thereof to representatives, provided that each such representative be satisfactory to the said official of the other Government. But regardless of the naming of such representatives, the Superintendent of the CBAR and the Special Representative of the Foundation shall have the right to refer any matter directly to one another for discussion and decision. CLAUSE XX The Executive Power of the Government of Brazil will take the necessary steps to obtain the legislation, decrees, orders, or resolutions necessary to carry out the terms of this agreement. CLAUSE XXI This agreement may be amended from time to time, if deemed advisable by the parties hereto, but all amendments shall be in writing and signed by a representative of the Government of Brazil and of the Foundation duly authorized thereto. CLAUSE XXII This Agreement shall become effective the 1st. of January, 1946, and shall remain in force through June 30, 1948, and may be extended by mutual written agreement. And in pursuance thereto there shall be an exchange of diplomatic notes between the Ministry of Foreign Affairs of the United States of Brazil and the Embassy of the United States of America in Brazil. In Witness Whereof the undersigned, duly authorized thereto, sign the present agreement in duplicate, in the English and Portuguese languages, in Rio de Janeiro, Brazil, this twentieth day of October, nineteen hundred and forty-five. For the Ministry of Agriculture of the United States of Brazil Minister of State of Agriculture and For the Inter-American Educational Foundation, Inc. KENNETH HOLLAND President VOCATIONAL INDUSTRIAL EDUCATION Exchange of notes at Rio de Janeiro March 26 and April 5, 1946; agreement between Brazilian Ministry of Education and Health and Inter-American Educational Foundation January 3, 1946 Entered into force April 5, 1946; operative from January 1, 1946 Amended and supplemented by agreements of July 23 and October 21 and 27, 1948;1 August 23 and September 29, 1949;2 October 14, 1950; 3 February 18 and April 5, 1952; * and June 3 and 13, 1955 * Extended by agreements of July 23 and October 21 and 27, 1948;1 August 23 and September 29, 1949; 2 October 14, 1950;3 June 3 and 13, 1955;5 June 29, 1960; December 31, 1960;1 and December 29, 1961, and January 11, 1962 3 3 Expired December 31, 1963 6 8 60 Stat. 1765; Treaties and Other International Acts Series 1534 EXCHANGE OF NOTES The American Chargé d'Affaires ad interim to the Minister of Foreign Affairs No. 505 EXCELLENCY: EMBASSY OF THE UNITED STATES OF AMERICA RIO DE JANEIRO, March 26, 1946 I have the honor to refer to the Agreement on Vocational Industrial Education between the Ministry of Education and Health of the United States of Brazil and the Inter-American Educational Foundation, Inc., dated January 3, 1946, and signed by Dr. Raul Leitão da Cunha, Minister of State of Education and Health, for the Ministry of Education and Health of the United States of Brazil, and by Mr. Kenneth Holland, President of the InterAmerican Educational Foundation, Inc., for the Foundation. Clause XXII of the Agreement above-mentioned provides as follows: "This Agreement shall become effective the 1st. of January, 1946, and shall remain in force through June 30, 1948, and may be extended by mutual written agreement. And in pursuance thereto there shall be an exchange of diplomatic notes between the Ministry of Foreign Affairs of the United States of Brazil and the Embassy of the United States of America in Brazil.” Inasmuch as the Agreement contemplates that there shall be an exchange of notes for the purpose of formalizing and confirming the Agreement, I have the honor to inform Your Excellency that the Government of the United States of America approves the Agreement above-mentioned. Upon receipt of a note from Your Excellency indicating that the Agreement is approved by the Government of the United States of Brazil, the Government of the United States of America will consider the Agreement to be concluded as between the two Governments, effective January 1, 1946, as provided in Clause XXII of the Agreement. Accept, Excellency, the renewed assurances of my highest and most distinguished consideration. His Excellency Dr. JOÃO NEVES DA FONTOURA Minister of Foreign Affairs Rio de Janeiro PAUL C. DANIELS Chargé d'Affaires ad interim The Minister of Foreign Affairs to the American Chargé d'Affaires ad interim [TRANSLATION] MINISTRY OF FOREIGN AFFAIRS RIO DE JANEIRO April 5, 1946 DAI/DCI/67/542.2 (22) MR. CHARGÉ D'Affaires, I have the honor to acknowledge the receipt of Note No. 505, of March 26, 1946, relating to the Agreement on Vocational Industrial Education, made between Brazil and the Inter-American Education Foundation, Inc., and signed on January 3 of the current year by the Minister of Education and Health of Brazil and the President of that Foundation. 2. Clause XXII of the aforesaid document provides: "This Agreement shall become effective the 1st of January, 1946, and shall remain in force through June 30, 1948, and may be extended by mutual written agreement. And in pursuance thereto there shall be an exchange of diplomatic notes between the Ministry of Foreign Affairs of the United States of Brazil and the Embassy of the United States of America in Brazil." 3. In conformity with the above-mentioned provision, your Embassy has informed this Ministry that the Government of the United States of America approves the aforesaid Agreement and that, upon the receipt of the present note, it will consider the Agreement as concluded between the two Governments, and effective from January 1, 1946. 4. In reply, I am pleased to communicate to you that the Brazilian Government has approved the above-mentioned Agreement on Vocational Industrial Education, signed by the Ministry of Agriculture of Brazil and the Inter-American Educational Foundation, Inc., on January 3, 1946. I avail myself of the opportunity to renew to Your Excellency the assurances of my very distinguished consideration. PAUL C. DANIELS, Esquire JOÃO NEVES DA FONTOURA Chargé d'Affaires of the United States of America AGREEMENT ON VOCATIONAL INDUSTRIAL EDUCATION BETWEEN THE MINISTRY OF EDUCATION AND HEALTH OF THE UNITED STATES OF BRAZIL AND THE INTER-AMERICAN EDUCATIONAL FOUNDATION, INC. The Ministry of Education and Health of the United States of Brazil (hereinafter called the "Ministry of Education"), and the Inter-American Educational Foundation, Inc., a corporation of the Office of Inter-American Affairs and an agency of the Government of the United States of America (hereinafter called the "Foundation"), have decided to enter into the following agreement to undertake a cooperative educational program to promote Inter-American understanding by bringing about a better interchange of educators, educational ideas and methods between Brazil and the United States of America, pursuant to Resolution 28 adopted by the First Conference of Ministers and Directors of Education of the American Republics held in Panama in September and October of 1943. CLAUSE I The objectives of this cooperative educational program are: a) The development of closer relations between teachers of vocational education in the United States of Brazil and the United States of America; b) the interchange and training of Brazilian and United States specialists in vocational education; c) the development of such other projects in the field of vocational education as may be of mutual interest to the parties. 219-919-70 -65 |