c) The Governments of the United States of Brazil and the United States of America mutually agree that the aforementioned military personnel shall continue to be so stationed until such time as the Government of the country in which they are stationed withdraws its consent thereto; d) None of the military personnel of either country, stationed within the territory of the other government, including military personnel attached to the Joint Brazil-United States Defense Commission and the Joint BrazilUnited States Military Commission, comprises any combat forces." The above quoted declaration by the Government of the United States of Brazil has been duly noted by the Government of the United States of America which adheres fully to the statements contained therein. Accordingly, I have the honor to inform Your Excellency that the Ministry's note, together with this note in reply, will be considered by the Government of the United States of America as placing on record the understanding of the two governments in regard to this matter. Accept, Excellency, the renewed assurances of my highest consideration. DAVID MCK. KEY His Excellency Dr. RAUL FERNANDES The Minister for Foreign Affairs Rio de Janeiro, Brazil RECIPROCAL TRADE Exchange of notes at Rio de Janeiro June 30, 1948 Entered into force June 30, 1948; operative July 31, 1948 62 Stat. 2799; Treaties and Other International Acts Series 1811 The American Chargé d'Affaires ad interim to the Minister of Foreign Affairs No. 173 EXCELLENCY: EMBASSY OF THE UNITED STATES OF AMERICA RIO DE JANEIRO, BRAZIL, June 30, 1948 I have noted with pleasure that the Government of the United States of Brazil has signed today the protocol for the provisional application of the General Agreement on Tariffs and Trade dated October 30, 1947." In this connection I have the honor to refer to conversations between representatives of the Brazilian Government and the Government of the United States of America to the second session of the Preparatory Committee of the United Nations Conference on Trade and Employment, with respect to the effect of the entry into force of the General Agreement on Tariffs and Trade between the United States of America and the United States of Brazil upon the trade agreement between our two Governments concluded in 1935. It is the understanding of the United States Government that it was then mutually agreed that the trade agreement between the United States of America and the United States of Brazil, signed February 2, 1935,3 except for those provisions of Art. XIV thereof providing for termination upon six months notice, the notes exchanged February 2, 1935, to accompany that agreement, and the supplementary agreement with accompanying exchange of notes signed April 17, 1935, shall be inoperative for such time as the United States of America and the United States of Brazil are both contracting parties to the General Agreement on Tariffs and Trade as defined in Art. XXXII of that agreement. 1 Pursuant to notice of termination given by Brazil Dec. 18, 1957. 2 TIAS 1700, ante, vol. 4, p. 687. I shall be pleased to receive your Excellency's confirmation of the understanding set forth above. Accept, Your Excellency, the assurances of my highest consideration. His Excellency Chargé d'Affaires ad interim Dr. RAUL FERNANDES Minister for Foreign Affairs The Minister of Foreign Affairs to the American Chargé d'Affaires I have the honor to acknowledge receipt of your note No. 173 dated today, in which you propose, in accordance with what was previously determined by the Governments of Brazil and the United States of America, that the trade agreement in effect between the two Governments, signed on February 2, 1935, be suspended, with the exception of the provisions of Article XIV thereof, in as much as both countries are contracting parties to the General Agreement on Tariffs and Trade, as defined in Article XXXII of the said General Agreement. 2. In reply, I am to inform you that the Brazilian Government accepts the proposal under consideration and therefore assumes the obligations arising therefrom. I avail myself of this opportunity to renew to you the assurances of my very distinguished consideration. Mr. DAVID MCKENDREE KEY Chargé d'Affaires of the United States of America RAUL FERNANDES MILITARY ADVISORY MISSION Agreement signed at Washington July 29, 1948 Entered into force July 29, 1948 Amended by agreements of April 13 and May 16, 1955,1 and June 9 and 17, 1959 2 3 Extended by agreements of July 21 and September 23, 1952; 3 March 31 and May 25, 1956;1 and March 4 and April 2, 19585 Terminated May 3, 1960 ° 6 62 Stat. 2125; Treaties and Other International Acts Series 1778 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED STATES Of Brazil In conformity with the request of the Government of the United States of Brazil to the Government of the United States of America, the President of the United States of America has authorized the appointment of officers and enlisted men of the United States Army, Navy and Air Forces, to constitute an advisory mission to the United States of Brazil under the conditions specified below: TITLE I Purpose and Duration ARTICLE 1. The purpose of this Mission is to advise the President of the United States of Brazil or his representative in the establishment and operation of a school for senior officers of the Brazilian Army, Navy, and Air Force for combined operations similar to the United States National War College in Washington. ARTICLE 2. This Agreement shall continue for a period of four years from the date of the signing thereof by the accredited representatives of the Government of the United States of America and the Government of the "Pursuant to recall of mission by the United States in accordance with provisions of art. 4(b). United States of Brazil unless previously terminated or extended as hereinafter provided. Any member of the Mission may be recalled by the Government of the United States of America after the expiration of two years of service in which case another member shall be furnished to replace him. ARTICLE 3. If the Government of the United States of Brazil desires that the services of the Mission be extended beyond the stipulated period, it shall make a written proposal to that effect six months before the expiration of this Agreement. ARTICLE 4. This Agreement may be terminated before the expiration of the period of four years prescribed in Article 2 or before expiration of the extension authorized in Article 3 in the following manner: (a) By either of the Governments, subject to three months' written notice to the other Government; (b) By the recall of the entire personnel of the Mission by the Government of the United States of America, in the public interest of the United States of America, without necessity of compliance with provision (a) of this Article. ARTICLE 5. This Agreement is subject to cancellation upon the initiative of either the Government of the United States of America or the Government of the United States of Brazil at any time during a period when either Government is involved in domestic or foreign hostilities. TITLE II Composition and Personnel ARTICLE 6. This Mission shall consist of such personnel of the United States Army, Navy, and Air Force as may be agreed upon by the President of the United States of Brazil through his authorized representative in Washington and the Departments of Army, Navy, and Air Force of the United States of America. TITLE III Duties, Rank and Precedence ARTICLE 7. The personnel of the Mission shall perform such duties as may be agreed upon between the President of the United States of Brazil, or his duly authorized representative, and the Chief of the Mission. ARTICLE 8. Each member of the Mission shall serve on the Mission with the rank he holds in the Armed Forces of the United States of America, and shall wear the uniform thereof, but shall have precedence over all Brazilian Officers of the same rank. ARTICLE 9. The members of the Mission shall be responsible to the President of the United States of Brazil, or his designated representative through the Chief of the Mission. 219-919-70-68 |