reason of resignations, transfers of residence outside of Burma, expiration of term of service, or otherwise shall be filled in accordance with this procedure. The Directors shall serve without compensation, but the Foundation is authorized to pay the necessary expenses of the Directors in attending meetings of the Board. ARTICLE 6 The Board shall adopt such by-laws and appoint such committees as it shall deem necessary for the conduct of the affairs of the Foundation. A copy of the by-laws and a list of the members of the committees appointed by the Board shall be forwarded to the Government of Burma and to the Secretary of State. ARTICLE 7 Reports as directed by the Secretary of State of the United States of America shall be made annually on the activities of the Foundation to the Secretary of State of the United States of America and the Government of Burma. ARTICLE 8 The principal office of the Foundation shall be in the capital city of Burma, but meetings of the Board and any of its committees may be held in such other places as the Board may from time to time determine, and the activities of any of the Foundation's officers or staff may be carried on at such places as may be approved by the Board. ARTICLE 9 The Board may appoint an Executive Officer and determine his salary and term of service, provided, however, that in the event it is found to be impracticable for the Board to secure an appointee acceptable to the Chairman, the Government of the United States of America may provide an Executive Officer and such assistants as may be deemed necessary to ensure the effective operation of the program. The Executive Officer shall be responsible for the direction and supervision of the Board's programs and activities in accordance with the Board's resolutions and directives. In his absence or disability, the Board may appoint a substitute for such time as it deems necessary or desirable. ARTICLE 10 The decisions of the Board in all matters may, in the discretion of the Secretary of State of the United States of America, be subject to his review. Any decision affecting the interests of Burmese students, professors, or research scholars shall be communicated to the Government of Burma before it is sent for review to the Secretary of State. ARTICLE 11 9 The Government of Burma shall, within 30 days of the date of the signature of the present agreement, deposit with the Treasurer of the United States of America an amount of currency of the Government of Burma equivalent to $200,000 (United States currency). On January 1, 1949 and on each succeeding January 1 thereafter, the Government of Burma shall similarly deposit an amount of currency of the Government of Burma equivalent to $200,000 (United States currency) until an aggregate amount of the currency of the Government of Burma equivalent to $3,000,000 (United States currency) shall have been deposited. The deposits specified above shall be made in partial fulfillment of the statement of intent of the Government of the United States of America in paragraph 9 of the Surplus Property Agreement signed at London on February 28, 1947, and the Government of the United States of America declares that it is its intention to request the Government of Burma to provide, by amendment to the present agreement, additional deposits which will increase the aggregate amounts deposited to a minimum of $4,000,000 (United States equivalent), provided that no additional deposit will be requested which is in excess of the unpaid portion of the total principal amount, plus interest, then due and payable under the terms. of the credit agreement. The rate of exchange between currency of the Government of Burma and United States currency to be used in determining the amount of currency of the Government of Burma to be so deposited shall be at the par value between Burmese rupees and United States dollars established in conformity with procedures of the International Monetary Fund or if no such par value exists at the rate most favorable to the Government of the United States of America used by the Government of Burma for any official transactions at the time of the deposit. The Government of Burma shall guarantee the United States of America against exchange loss resulting from any alteration in the above rate of exchange or from any currency conversion with respect to any currency of the Burmese Government received hereunder and held by the treasurer of the United States of America or by the Foundation by undertaking to pay to the Government of the United States of America such amounts of currency of the Government of Burma to maintain the dollar value of such currency of the Government of Burma as is held by the treasurer of the United States or the Foundation. The purpose of this provision is to assure that the operations of the Foundation will not be interrupted or restricted by any deficits resulting from alterations in the above rate of exchange or from currency conversions. 9 For an amendment to art. 11, see 12 UST 1195; TIAS 4834. The Secretary of State of the United States of America will make available to the Foundation Burmese Currency in such amounts as may be required by the Foundation, but in no event in excess of the budgetary limitation established pursuant to Article 3 of the present agreement. ARTICLE 12 Furniture, equipment, supplies, and any other articles intended for the official use of the Foundation shall be exempt in the territory of Burma from customs duties, excises, and surtaxes, and every other form of taxation. All funds and other property used for the purposes of the Foundation, and all official acts of the Foundation within the scope of its purposes shall likewise be exempt from taxation of every kind in the territory of Burma. ARTICLE 13 The Government of Burma shall extend to citizens of the United States of America residing in Burma and engaged in educational activities under the auspices of the Foundation such privileges with respect to exemption from taxation, and other burdens affecting the entry, travel, and residence of such persons as are extended to Burmese citizens residing in the United States of America engaged in similar activities. ARTICLE 14 Wherever, in the present agreement, the term "Secretary of State of the United States of America" is used, it shall be understood to mean the Secretary of State of the United States of America or any officer or employee of the Government of the United States of America designated by him to act in his behalf. ARTICLE 15 (1) The present agreement may be amended by the exchange of diplomatic notes between the Government of the United States of America and the Government of Burma. (2) If any difference arises in regard to the interpretation of any article of or expression in this agreement, the parties to the agreement shall settle such difference by direct negotiations through diplomatic channels. ARTICLE 16 The present agreement shall come into force upon the date of signature. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present agreement. DONE at Rangoon in duplicate, in the English language, this 22nd day of December, 1947. For the Government of the United States of America: R. AUSTIN ACLY Charge d'Affaires ad interim For the Government of Burma: TIN TUT Counsellor for Foreign Affairs EXCHANGE OF PUBLICATIONS Exchange of notes at Rangoon January 26 and April 5, 1948 62 Stat. 1892; Treaties and Other International Acts Series 1744 The American Chargé d'Affaires ad interim to the Minister of Foreign Affairs No. 23 AMERICAN EMBASSY RANGOON, January 26, 1948 I have the honor to refer to the conversations which have taken place between representatives of the Government of the United States of America and representatives of the Union of Burma in regard to the exchange of official publications, and to inform you that the Government of the United States of America agrees that there shall be an exchange of official publications between the two Governments in accordance with the following provisions: 1. Each of the two Governments shall furnish regularly a copy of each of its official publications which is indicated in a selected list prepared by the other Government and communicated through diplomatic channels subsequent to the conclusion of the present agreement. The list of publications selected by each Government may be revised from time to time and may be extended, without the necessity of subsequent negotiations, to include any other official publication of the other Government not specified in the list, or publications of new offices which the other Government may establish in the future. 2. The official exchange office for the transmission of publications of the Government of the United States of America shall be the Smithsonian Institution. The official exchange office for the transmission of publications of the Union of Burma shall be the Office of the Superintendent of the Government Book Depot. 3. The publications shall be received on behalf of the United States of America by the Library of Congress and on behalf of the Union of Burma shall be by the Superintendent of the Government Book Depot. 4. The present agreement does not obligate either of the two Governments to furnish blank forms, circulars which are not of a public character, or confidential publications. |