The Legation avails itself of this opportunity to renew to the Ministry the assurance of its highest consideration.

In reply to the note verbale No. 14 dated January 11 of this month, the Royal Ministry of Foreign Affairs has the honor to inform the Legation of the United States of America that the Bulgarian Government agrees to consider the exchange of notes of January 5 instant concerning the waiving of legalization of certificates of origin as nonapplicable to health certificates accompanying shipments of animal or plant origin.

Under the circumstances the legalization of such health certificates, which the American authorities require when issued by the Bulgarian authorities, will necessitate the legalization, on the basis of reciprocity, of health certificates issued by the American authorities. Such legalization shall be performed in accordance with the regulations prescribed by the Bulgarian law concerning official documents.

The Royal Ministry avails itself of this opportunity to renew to the Legation of the United States of America the assurance of its high consideration.

[SEAL]

Burma'

FINANCING OF EDUCATIONAL AND

CULTURAL PROGRAM

Agreement signed at Rangoon December 22, 1947

Entered into force December 22, 1947

Article 5 amended by agreement of December 18, 1948, and May 12, 1949; 2 title, preamble, and articles 1, 3, and 11 amended by agreement of August 29, 1961 3

3

62 Stat. 1814; Treaties and Other International Acts Series 1685

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF BURMA FOR THE USE OF FUNDS MADE AVAILABLE IN ACCORDANCE WITH THE AGREEMENT REGARDING SET

TLEMENT FOR SURPLUS PROPERTY SIGNED AT LONDON ON FEBRUARY 28, 1947 *

4

The Government of the United States of America and the Government of Burma;

Desiring to promote further mutual understanding between the peoples of the United States of America and Burma by a wider exchange of knowledge and professional talents through educational contacts;

Considering that Section 32 (b) of the United States Surplus Property Act of 1944, as amended (Public Law No. 584, 79th Congress; 60 Stat. 754), provides that the Secretary of State of the United States of America may enter into an agreement with any foreign government for the use of currencies or credits for currencies of such foreign government acquired as a result of surplus property disposals for certain educational activities; and

Considering that under the provisions of the agreement between the Gov

1 Certain agreements between the United States and the United Kingdom were, or are, applicable to Burma. See post, UNITED KINGDOM.

2 TIAS 1976, post, p. 1119.

312 UST 1195; TIAS 4834.

* For amendments of title and preamble, see 12 UST 1195; TIAS 4834.

ernment of the United States of America and the Government of Burma regarding the settlement for surplus property signed at London on February 28, 1947, it is provided that to the extent that the Government of the United States of America wishes to receive Burma rupees for the payment of any or all expenditures of the Government of the United States of America or its agencies in Burma, including rupees for the acquisition of real property in Burma to be mutually agreed upon, and for improvements and furnishings for property of the Government of the United States of America in Burma, and for cultural and educational programs to be mutually agreed upon, or, to the extent that the Government of the United States of America wishes that rupees for cultural and educational programs so agreed be provided to a foundation or other independent organization, the Government of the United States of America may at any time or times request the Government of Burma, and the Government of Burma agrees to provide to the Government of the United States of America, its agencies or designees, at such time or times, as so requested, rupees in any amount, computed in accordance with Paragraph 11 of the agreement regarding settlement for surplus property of February 28, 1947, not in excess of the then unpaid portion of the total principal amount, plus interest then due and payable under the terms of the above-mentioned agreement of February 28, 1947, within limits to be mutually agreed,

Have agreed as follows:

ARTICLE 16

There shall be established a foundation to be known as the United States Educational Foundation in Burma (hereinafter designated "the Foundation"), which shall be recognized by the Government of the United States of America and the Government of Burma as an organization created and established to facilitate the administration of the educational program to be financed by funds made available by the Government of Burma under the terms of the present agreement. Except as provided in Article 3 hereof the Foundation shall be exempt from the domestic and local laws of the United States of America and Burma as they relate to the use and expenditure of currencies and credits for currencies for the purposes set forth in the present agreement.

The funds made available by the Government of Burma shall be used by the Foundation for the purpose, as set forth in Section 32(b) of the United States Surplus Property Act of 1944, as amended, of

(1) financing studies, research, instruction, and other educational activities of or for citizens of the United States of America in schools and institutions of higher learning located in Burma, or of the citizens of Burma

For an amendment to art. 1, see 12 UST 1195; TIAS 4834.

in United States schools and institutions of higher learning located outside the continental United States, Hawaii, Alaska (including the Aleutian Islands), Puerto Rico, and the Virgin Islands, including payment for transportation, tuition, maintenance, and other expenses incident to scholastic activities; or

(2) furnishing transportation for citizens of Burma who desire to attend. United States schools and institutions of higher learning in the continental United States, Hawaii, Alaska (including the Aleutian Islands), Puerto Rico, and the Virgin Islands and whose attendance will not deprive citizens of the United States of America of an opportunity to attend such schools and institutions.

ARTICLE 2

In furtherance of the aforementioned purposes, the Foundation may, subject to the provisions of Article 10 of the present agreement, exercise all powers necessary to the carrying out of the purposes of the present agreement, including the following:

(1) Receive funds.

(2) Open and operate bank accounts in the name of the Foundation in a depository or depositories to be designated by the Secretary of State of the United States of America.

(3) Disburse funds and make grants and advances of funds for the authorized purposes of the Foundation.

(4) Acquire, hold, and dispose of property in the name of the Foundation as the Board of Directors of the Foundation may consider necessary or desirable, provided however, that the acquisition of any real property shall be subject to the prior approval of the Secretary of State of the United States of America.

(5) Plan, adopt, and carry out programs, in accordance with the purposes of section 32 (b) of the United States Surplus Property Act of 1944, as amended, and the purposes of the present agreement.

(6) Recommend to the Board of Foreign Scholarships, provided for in the United States Surplus Property Act of 1944, as amended, students, professors, research scholars, resident in Burma, and institutions of Burma qualified to participate in the program in accordance with the aforesaid Act.

(7) Recommend to the aforesaid Board of Foreign Scholarships such qualifications for the selection of participants in the programs as it may deem necessary for achieving the purpose and objectives of the Foundation.

(8) Provide for periodic audits of the accounts of the Foundation as directed by auditors selected by the Secretary of State of the United States of America.

(9) Engage administrative and clerical staff and fix the salaries and wages thereof.

ARTICLE 37

All expenditures by the Foundation shall be made pursuant to an annual budget to be approved by the Secretary of State of the United States of America, pursuant to such regulations as he may prescribe. The Foundation shall prepare the budget and present it to the Government of Burma in order that comments, if any, of the Government of Burma, may be considered by the Secretary of State prior to final approval of the budget.

ARTICLE 4

The Foundation shall not enter into any commitments or create any obligation which shall bind the Foundation in excess of the funds actually on hand nor acquire, hold or dispose of property except for the purposes authorized in the present agreement.

ARTICLE 58

The management and direction of the affairs of the Foundation shall be vested in a Board of Directors consisting of eight Directors (hereinafter designated the "Board").

The principal officer in charge of the diplomatic mission of the United States of America to Burma (hereinafter designated "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 or such other officer of the United States diplomatic mission, as the Chief of Mission may designate, 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, who may be representatives of American business, professional or educational interests in Burma or members of the staff of the United States diplomatic mission; (d) three citizens of Burma, one of them to represent the University of Rangoon, one to represent the Government of Burma in the Ministry of Education, and one of them, not an official of the Government of Burma, to represent unofficial Burmese educational activities.

The five members specified in (c) and (d) of the last preceding paragraph shall be resident in Burma 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 Burmese members by the Chief of Mission from a list of names submitted by the Government of Burma. Vacancies by

For an amendment to art. 3, see 12 UST 1195; TIAS 4834. 8 For an amendment to art. 5, see TIAS 1976, post, p. 1119.

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