Brasileiro-Americana de Educação Industrial (hereinafter referred to as the "CBAI"). 2. The Institute shall deposit in the CBAI special bank account (hereinafter referred to as the "CBAI Bank Account"), in the Banco do Brasil, the sum of US$100,000.00 or its equivalent in cruzeiros, (which, at the exchange rate of Cr$18,50 to $1.000 equals Cr$1.850.000,00), as follows: Within 15 days after the registration of the Brazilian On or before January 31, 1949 Total US$50, 000. 00 US$100, 000. 00 3. The Government, in addition to its regular budget for industrial education, shall deposit in the CBAI bank account the sum of Cr$7.000.000,00 (which, at the exchange rate of Cr$18,50 to $1.00 equals US$378.378,38), as follows: Within 15 days after the registration of the Brazilian On or before January 31, 1949 Total CR$3.000.000,00 CR$7.000.000,00 4. The funds to be deposited by the Institute under sub-paragraph 2 of this Clause II shall be available for the payment of CBAI expenses incurred on and after July 1, 1948, but all funds required to be deposited within 15 days after the registration of the Brazilian appropriation, by either party shall not be available for withdrawal or expenditure until all deposits due and payable from the other party have been made. CLAUSE III The parties hereto, by written agreement of the Superintendent of the CBAI and the Special Representative, may amend the schedules for making the deposits required by Clause II hereof, may provide for advance purchase of equipment or materials by either party with appropriate credit against the payments due under the schedules, and may provide for contributions of funds by either or both parties, or by third parties, for use in effectuating the cooperative education program in addition to the funds required to be contributed by this Extension Agreement and the Basic Agreement. CLAUSE IV The Basic Agreement shall remain in full force and effect for the purpose of extending the cooperative education program, as provided herein, and all provisions of the Basic Agreement shall be applicable to all operations and activities under this Extension Agreement to the same extent and with the same effect as though expressly set forth herein; EXCEPT that the Basic Agreement, in its application to the period provided for in this Extension Agreement, is hereby amended and supplemented by the provisions of this Extension Agreement, including the following particulars: 1. Any unobligated balance of funds remaining to the credit of CBAI at the close of June 30, 1948 shall be available for expenditure during the period covered by this Extension Agreement. 2. Clause II of the Basic Agreement is hereby amended to read as follows: "The methods of carrying out the said cooperative education program will include such procedures as: a) The furnishing by the Institute of a field staff of specialists in industrial education to collaborate in the planning, organizing, and conducting of the cooperative education program. b) In cooperation with various Brazilian authorities: (1) The making of studies and surveys relative to the education requirements of Brazil in the field of industrial education and the formation and conduct of a program to meet these needs. (2) The organization, development, and conduct of training in Brazil for teachers and administrators of industrial education, including preemployment training and in-service training of teachers, coordinators, counselors, supervisors and directors. (3) The planning, organizing, and putting into operation of an effective vocational guidance program. (4) Providing for the training in the United States of selected Brazilian personnel. (5) Purchase of materials and equipment for industrial schools and teacher training programs. (6) Use of such other methods and means as may be mutually agreed upon and appropriate for the realization of this cooperative education program." 3. The parties hereto agree that any funds of the CBAI which remain unexpended on the termination of this Extension Agreement shall, unless otherwise agreed upon in writing by the parties hereto at that time, be returned to the parties hereto in the proportion of the respective contributions made by the parties under the Basic Agreement and under Clause II of this Extension Agreement. 4. Clause XV of the Basic Agreement is hereby amended to read as follows: "a. The Superintendent of the CBAI and the Special Representative may agree to withhold in the United States of America, from the payments to be made by the Institute into the CBAI Bank Account, the amounts con sidered to be necessary for the program, for the liquidation of obligations payable outside of Brazil, in United States dollars. b. Such amounts withheld shall be considered as if deposited under the terms of this Agreement. Any funds withheld by the Institute and not expended or obligated shall be deposited in the CBAI Bank Account at any time upon mutual agreement of the Superintendent of the CBAI and the Special Representative." 5. Clause XVI of the Basic Agreement is amended to read as follows: "The parties hereto declare their recognition that the Institute, being a corporate instrumentality of the United States of America, wholly owned, directed, and controlled by the Government of the United States of America, is entitled to share fully in the immunity from suit in the courts of Brazil which is enjoyed by the United States of America." 6. Clause XVII of the Basic Agreement is hereby amended to read as follows: "Any of the funds introduced into Brazil by the Institute for the purpose of the cooperative education program shall be exempt from taxes, service charges, investment or deposit requirements, and other currency controls, and shall be converted into cruzeiros at the then current rate of exchange but in any event at a rate of exchange not less than Cr$18,50 per dollar. 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 then current rate of exchange but in any event at a rate of exchange not less than Cr$18,50 per dollar." 7. Clause XVIII of the Basic Agreement is hereby amended to read as follows: "a. All rights and privileges which are enjoyed by governmental and similar official divisions of the Government and by the personnel and employees of the same shall accrue to the Institute and to all its personnel and employees. Such rights and privileges shall include, but not by way of limitation, free postal, telegraph, and telephone service whenever possible, passes on railroads administered by the Government and the right to rebates or preferential tariffs allowed to departments of the Government by domestic companies of maritime and river navigation, air travel, telegraph, telephone, etc., and also freedom and immunity from excise, stamp, consular charges, property, and any or all other taxes. The Institute shall be exempted from all imposts, taxes and emoluments. b. All employees of the Institute engaged in carrying out the objectives of the cooperative education program shall be exempt from all Brazilian income taxes and social security taxes with respect to income on which they are obliged to pay income or social security taxes to the Government of the United States of America and from property taxes on personal property intended for their own use. Said employees shall also be exempt from the payment of customs and import duties on personal effects and equipment and supplies imported for their own use or for the personal use of the members of their families." 8. By mutual agreement between the Superintendent of the CBAI and the Special Representative, funds of the CBAI may be used to reimburse or defray the salaries, living expenses, travel and transportation costs, and other expenses of such additional personnel of the Education Division of the Institute in Brazil as the parties mentioned may agree are necessary to be employed, in addition to the employees referred to under Clause II hereof. Such funds may be contributed or granted for such purposes by the CBAI to the Institute or to any other organization, but in every case the Superintendent of the CBAI and the Special Representative will enter into a written project agreement setting forth the scope and the other necessary terms of such contributions or grants. 9. All references in the Basic Agreement to the Inter-American Educational Foundation, Inc. shall, for the purposes of this Extension Agreement, be deemed to refer to the Institute. CLAUSE V The Ministry undertakes to obtain or promulgate such legislation, decrees, orders, or resolutions as may be necessary to effectuate the terms of this Extension Agreement. CLAUSE VI This Extension Agreement shall become effective on the date that registration is made by the Tribunal de Contas of Brazil.* IN WITNESS WHEREOF, the parties hereto have caused this Extension Agreement to be executed by their duly authorized representatives, in quintuplicate, in the Portuguese and English languages, in Rio de Janeiro, Brazil, this 30th day of October, 1948. Ministry of Education and Health The Institute of Inter-American Affairs GEORGE S. SANDERS Special Representative, Education Division ⚫ Oct. 4, 1949. SURVEY OF MINERAL RESOURCES Exchange of notes at Rio de Janeiro November 26, 1948 62 Stat. 3636; Treaties and Other International Acts Series 1880 The American Ambassador to the Acting Minister of Foreign Affairs No. 303 EXCELLENCY: EMBASSY OF THE UNITED STATES OF AMERICA Rio de Janeiro, November 26, 1948 I have the honor to refer to conversations which have taken place between representatives of the Government of the United States of America and representatives of the Government of the United States of Brazil regarding the desirability of continuing the cooperative program established in 1940 for the study of Brazilian mineral resources by means of geological investigations, prospecting, beneficiation tests and related projects and for the purpose of furthering scientific collaboration between geologists, engineers, and metallurgists of the two countries in various projects relating to the mining economies of the two countries. It is my understanding that these conversations have resulted in agreement upon a program for the joint study of Brazilian mineral resources to be carried on by the Bureau of Mines and the Geological Survey of the Department of the Interior on behalf of the Government of the United States of America and by the Departamento Nacional da Produção Mineral do Ministério da Agricultura on behalf of the Government of the United States of Brazil, in accordance with the following principles and procedures: 1. General Purposes-The Government of the United States of America, through the Bureau of Mines and the Geological Survey of the Department of the Interior, and the Government of the United States of Brazil, through the Departmento Nacional da Produção Mineral do Ministério da Agricultura, agree: (a) To make appraisals of the mineral resources of Brazil by means of geological and mineralogical studies, with special emphasis upon the principal minerals which form part of the trade between the United States of America and Brazil and upon those minerals, not yet produced in great quantity in Brazil, which may enter into such trade in the future. |