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 the United States of Brazil or any of its Agencies or any Brazilian bank concedes to the Government 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 States of America, the conversion of Cruzeiros into Dollars shall be made at the official rate of exchange. CLAUSE XVIII The Government of the United States 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 CBAI, the Special Representative of the Foundation or the Special Representative in his capacity as United States of America Representative in the CBAI 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 CBAI, the Special Representative of the Foundation and the Special Representative in his capacity as United States of America Representative in the CBAI 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 the United States 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 the United States 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 Portugese languages, in Rio de Janeiro, Brazil, this third day of January, nineteen hundred and forty-six. For the Ministry of Education and Health RAÚL LEITÃO DA CUNHA Minister of State of Education and Health For the Inter-American Educational Foundation, Inc. President LEND-LEASE SETTLEMENT Agreement signed at Washington June 28, 1946 1 1 60 Stat. 1797; Treaties and Other International Acts Series 1537 AGREEMENT between the United States of AmerICA AND THE UNITED STATES OF BRAZIL ON THE DISPOSITION OF LEND-LEASE SUPPLIES IN INVENTORY OR PROCUREMENT IN THE UNITEd States of America The United States of America and the United States of Brazil in order to provide for the orderly disposition in their mutual interests of the undelivered articles which were in inventory or procurement in the United States of America, prior to September 2, 1945, for the purpose of providing mutual defense aid to the United States of Brazil under the Act of March 11, 1941,2 as amended, agree as follows: ARTICLE I All articles and services undertaken to be provided by the United States of America under this Agreement shall be made available under the authority and subject to the terms and conditions of the Act of March 11, 1941, as amended, and any acts supplementary thereto. ARTICLE II Within such periods as may be authorized by law, the United States of America agrees to transfer to the United States of Brazil and the United States of Brazil agrees to accept those articles which are or will be available to the United States of America for transfer to the United States of Brazil out of articles that were in inventory or procurement in the United States of America prior to September 2, 1945, for the purpose of providing defense aid under the Act of March 11, 1941, to the United States of Brazil, but were not transferred prior to the date of the signature of this Agreement. ARTICLE III The United States of Brazil agrees to pay the United States of America for the articles transferred under Article II hereof at a time and in an amount 1Incorporated in settlement arrangement effected by exchange of notes at Washington Apr. 15, 1948. 255 Stat. 31. 219-919-70-66 determined as provided in Article III of the Agreement between the United States of America and the United States of Brazil on the subject of defense aid dated March 3, 1942.3 It is understood that accessorial charges, inland and ocean freight and other expenses connected with the transportation to the United States of Brazil of the articles transferred will be paid by the United States of Brazil. ARTICLE IV Without limitation upon the provisions of Article II hereof, it is agreed that the approximate value and the general categories of the articles to be transferred hereunder are as follows: Industrial equipment ARTICLE V $1,014, 000 It is agreed that the articles transferred to the United States of Brazil under this Agreement shall not be retransferred to the Government of any third country without the consent of the President of the United States of America. ARTICLE VI It is agreed that transfers under this Agreement and articles so transferred are further subject to the provisions of Article VII of the Agreement between the United States of America and the United States of Brazil dated March 3, 1942. ARTICLE VII The provisions of this Agreement shall not apply to articles covered by requisitions calling for full cash payment by the United States of Brazil or to articles requisitioned under Brazilian Project Number 4 for the airplane engine factory at Xerem. ARTICLE VIII This Agreement does not constitute a final settlement of the terms and conditions upon which the United States of Brazil has received aid under the Act of March 11, 1941, except for the articles made available under the provisions hereof. ARTICLE IX It is understood that the articles comprising the category "Ordnance equipment" referred to in Article IV hereof are incomplete and that their com pletion is not contemplated under the terms of Article II hereof; nevertheless the United States of America agrees to undertake the completion of the said articles at the option and expense of the United States of Brazil. ARTICLE X This Agreement shall take effect as from this day's date. DONE in duplicate, at Washington, this 28th day of June, 1946. For the United States of America CHESTER T. LANE CHESTER T. LANE Deputy Foreign Liquidation Commissioner For the United States of Brazil Col. JOÃO VALDetaro Colonel JOAO Valdetaro Chief of the Brazilian Military Commission H. BAPTISTA COELHO Commander HEITOR BAPTISTA COELHO Chief of the Brazilian Naval Commission José V. de F. LIMA, Ten Cel Ar Lieutenant Colonel JOSE VISENTE DE FARIA LIMA |