No. 606 CUSTOMS PRIVILEGES FOR FOREIGN SERVICE PERSONNEL Exchange of notes at Rio de Janeiro October 11, 1940 54 Stat. 2419; Executive Agreement Series 185 The American Ambassador to the Minister of Foreign Affairs EXCELLENCY: EMBASSY OF THE UNITED STATES OF BRAZIL RIO DE JANEIRO, October 11, 1940 With reference to Your Excellency's note No. C/75/924.81(22)(42) of April 24th last, I have the honor to inform Your Excellency that the Government of the United States is disposed to conclude an agreement with the Government of Brazil by means of an exchange of notes providing, on a basis of reciprocity, that the diplomatic and consular representatives of the United States and the clerical personnel attached to the American Embassy and the American consular offices in Brazil, who are nationals of the United States; and that the diplomatic and consular representatives of Brazil and the clerical personnel attached to the Brazilian Embassy and Brazilian consular offices in the United States, who are nationals of Brazil, will be permitted to import, free from the payment of duties, articles for their personal use, if they are not engaged in any other private occupation for gain and if the article is not one the importation of which is prohibited, respectively, by the laws of Brazil and by the laws of the United States of America. I would appreciate it if Your Excellency would be good enough to indicate in writing that the Brazilian Government considers the agreement concluded by this exchange of notes. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. His Excellency Dr. OSWALDO ARANHA Minister for Foreign Affairs Rio de Janeiro JEFFERSON CAFFERY I have the honor to acknowledge the receipt of note no. 606, of even date, in which Your Excellency informs me that the Government of the United States of America is disposed to conclude an agreement by means of an exchange of notes, based on the principle of strict reciprocity, which would permit career and other personnel of the United States of America attached to the Embassy and accredited consular offices in Brazil, who are the nationals of the former country, and Brazilian career and other personnel attached to the Embassy and accredited consular offices in the United States of America, who are Brazilian nationals, to import, free from the payment of duties, in the countries in which they reside, any and all articles for their personal use, if they are not engaged in another occupation for the purpose of gain, and if the article is not one the importation of which is prohibited, respectively, by the laws of Brazil and by the laws of the United States of America. 2. In reply, and confirming this Ministry's note no. C/75/924.81 (22)(42) of April 24 last, I take pleasure in informing Your Excellency that the Brazilian Government, agreeing with the suggestion of the Government of the United States of America, accepts the agreement in the terms expressed above and considers it concluded by the exchange of these two notes. I avail myself of the opportunity to renew to Your Excellency the assurances of my highest consideration. OSWALDO ARANHA His Excellency Mr. JEFFERSON CAFFERY Ambassador of the United States of America MILITARY AND MILITARY AVIATION MISSION Agreement signed at Rio de Janeiro January 17, 1941 Entered into force January 17, 1941 Suspended by exchange of notes at Washington February 8 and Expired January 17, 1945 55 Stat. 1225; Executive Agreement Series 202 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED STATES OF BRASIL In conformity with the request of the Ambassador of the United States of Brazil in Washington, D.C., the President of the United States of America has authorized the appointment of a Military and Military Aviation Mission to Brazil under the conditions of the following Agreement signed in Rio de Janeiro by the representatives of the two interested Governments. TITLE I Purpose and Duration Article 1-The purpose of the United States Military and Military Aviation Mission is to cooperate in technical matters with the Brazilian Ministry of War with the object of increasing and perfecting the efficiency of the Brazilian Army in Coast Artillery and Aviation, and in the various subjects correlated with both. Article 2-The Mission shall continue for four years from the date of signing of this Agreement, unless extended, or terminated sooner, as herein provided. Article 3-The Government of the United States of America may replace any member of the Mission who has exercised his functions in Brazil during a period of not less than two years. Article 4-The Government of the United States of Brazil may, by means of a note of proposal to the Government of the United States of America, six months prior to expiration of this Agreement, suggest an extension thereof for such period as may be agreed upon by the two Governments. 1 Not printed. Article 5-This Agreement may be terminated prior to the time specified in Article 2 in the following manner: a) By written notice three months in advance by either of the two Governments to the other; b) As a measure in the public interest or because of internal or external hostilities in either of the two countries, in which case compliance with (a) shall be waived. TITLE II Composition and Personnel Article 6-The United States Military and Military Aviation Mission shall be composed of a Chief—a Brigadier General, Colonel or Lieutenant Colonel on the active list of the Regular Army of the United States of Americaand of such personnel of the Regular Army and Army Air Corps as the Brazilian Ministry of War, in agreement with the United States War Department, may indicate through the intermediary of the former's authorized representative in Washington. Article 7-The military personnel now serving with the United States Military Mission may continue in their functions under the conditions of this Agreement, their time of previous service in Brazil to be credited to them in each case for the purposes of Article 2. TITLE III Duties, Rank and Precedence Article 8-The members of the United States Military and Military Aviation Mission shall perform the duties assigned to them by the Chief of the Mission with the approval of the Brazilian Minister of War to whom, through the Chief of the Mission, they shall be solely responsible. Article 9-Each member of the Mission shall continue to hold his rank in the Army of the United States of America, and shall wear the uniform and be governed by the Regulations thereof. Article 10-The members of the Mission shall enjoy the prerogatives and privileges fixed by the Regulations of the Brazilian Army for officers and enlisted personnel of identical rank and grade but shall take precedence within each such rank or grade. TITLE IV Compensation and Perquisites Article 11-During their service with the Mission, its members shall receive from the Brazilian Government the following annual compensation in Brazilian paper currency payable in twelve equal installments on the last day of each month: Article 12-Aviation officers shall also receive flight pay amounting to Rs. 1:000$000 per month provided the Chief of the Mission, by written communication, certifies that they have fulfilled the requirements of the United States Army Regulations. Article 13-The compensation fixed in the two preceding articles shall be exempt from all Brazilian Federal and State taxes during the period of this Agreement and the Ministry of War shall reimburse any charge which may be imposed as a consequence of future taxes which may be levied in Brazil. Article 14-Each member of the Mission shall receive compensation for accrued leave and for the period necessary for travel to and from Brazil computed on the basis of the shortest usually traveled sea route between New York and Rio de Janeiro. Compensation for the return voyage to New York shall be paid in advance. Article 15-The members of the Mission shall be furnished by the Government of the United States of Brazil with first-class passage for themselves and their families from New York to Rio de Janeiro and from Rio de Janeiro to New York by the shortest usually traveled sea route. Article 16-The expenses for transportation of furniture, baggage and one automobile for each member of the Mission, including the cost of unloading on arrival and of packing and loading on departure, between New York and his residence in Brazil, shall be defrayed once in each direction by the Brazilian Government. Expenses for other shipments will not be paid by either Government except where such shipments are required by circumstances beyond the control of the member of the Mission concerned, in which case the Government responsible therefor shall bear the cost. Article 17-The transportation expenses of the family, furniture, and automobile of personnel who, at the request of the Minister of War of Brazil, may join the Mission for temporary duty, shall be defrayed in accordance with a separate agreement in each case between the Secretary of War of the United States of America and the representative in Washington of the Brazilian Ministry of War. Article 18-The Government of the United States of Brazil shall grant, on request of the Chief of the Mission, free entry into Brazilian ports for articles of personal and family use. Article 19-If, as a result of action on the part of the Government of the United States of America, the services of any members of the United States Military and Military Aviation Mission should terminate prior to the mini |