ARTICLE IV The Dominican Republic undertakes that it will not, without the consent of the President of the United States of America, transfer title to or possession of any defense article or defense information received under this agreement, or permit its use by anyone not an officer, employee, or agent of the Dominican Republic. ARTICLE V If, as a result of the transfer to the Dominican Republic of any defense article or defense information, it is necessary for the Dominican Republic to take any action or make any payment in order fully to protect any of the rights of any citizen of the United States of America who has patent rights in and to any such defense article or information, the Dominican Republic will do so, when so requested by the President of the United States of America. ARTICLE VI Should circumstances arise in which the United States of America in its own defense or in the defense of the Americas shall require defense articles or defense information which the Dominican Republic is in a position to supply, the Dominican Republic will make such defense articles and defense information available to the United States of America on terms similar to those expressed in this agreement. ARTICLE VII This Agreement shall continue in force from the date on which it is signed until a date agreed upon between the two Governments. Signed and sealed at Washington in duplicate, in the English and Spanish languages, this second day of August, 1941. On Behalf of the United States of America: SUMNER WELLES Acting Secretary of State of the United States of America On Behalf of the Dominican Republic: A. PASTORIZA Envoy Extraordinary and Minister Plenipotentiary of the Dominican Republic at Washington Agreement signed at Washington August 6, 1941, supplementing agreement of August 2, 1941 Entered into force August 6, 1941 1941 For. Rel. (VII) 256 WHEREAS the United States of America and the Dominican Republic are desirous of concluding an Agreement supplementary to the Agreement between the two Governments signed at Washington August 2, 1941,2 for the purpose of stating the terms and conditions on which certain additional materials which the Dominican Republic wishes to obtain from the United States of America shall be procured and supplied; And whereas the making of such a supplementary Agreement has been in all respects duly authorized, and all acts, conditions and formalities which it may have been necessary to perform, fulfil or execute prior to the making of such an Agreement in conformity with the laws either of the United States of America or of the Dominican Republic have been performed, fulfilled or executed as required; The undersigned, being duly authorized for that purpose, have agreed as follows: ARTICLE I The Dominican Republic will pay in advance for all articles and commodities, in addition to the defense articles and defense information provided for in the Agreement between the two Governments signed August 2, 1941, which shall be procured and supplied in accordance with this Agreement. The United States of America, however, reserves the right at any time to suspend, defer, or stop deliveries whenever in the opinion of the President of the United States of America further deliveries are not consistent with the needs of the defense of the United States of America or the Western Hemisphere. Records shall be kept of all such articles and commodities agreed to be procured and of all deliveries, and of any other pertinent information; and not less than every ninety days these records shall be exchanged, reviewed, and verified. 1 Final settlement payment made on Apr. 26, 1949, and reported in 29th Report to Congress on Lend-Lease Operations, p. 1. ARTICLE II The Dominican Republic will submit to the Department of State of the United States of America for the approval of the President of the United States of America a complete list of all the persons to whom the title, possession, or use of such articles or commodities is to be transferred and undertakes that it will not, without the prior consent of the President of the United States of America, transfer title to or possession of any such article or commodity or any part thereof or permit its use by anyone not the recipient designated on such list so approved. ARTICLE III If, as a result of the sale to the Dominican Republic of any articles or commodities in accordance with this Agreement, it is necessary for the Dominican Republic to take any action or make any payment in order fully to protect any of the rights of any citizen of the United States of America who has patent rights in and to any such article or commodity, the Dominican Republic will do so, when so requested by the President of the United States of America. ARTICLE IV This Agreement shall continue in force from the date on which it is signed until a date agreed upon between the two Governments. Signed and sealed in duplicate, in the English and Spanish languages, at Washington this sixth day of August 1941. For the United States of America: SUMNER Welles Under Secretary of State of the United States of America For the Dominican Republic: A. PASTORIZA Envoy Extraordinary and Minister Plenipotentiary of the Dominican Republic at Washington COMMERCIAL RELATIONS Exchange of notes at Ciudad Trujillo November 14, 1942 Terminated March 24, 19441 56 Stat. 1617; Executive Agreement Series 274 The Secretary of State for Foreign Affairs to the American Minister I have the honor to inform Your Excellency that under date of August 26, 1941 a commercial agreement was signed in the city of Port-au-Prince by means of which the Dominican Republic and that of Haiti, in their status of contiguous countries, established a special treatment in the commercial relations existing between the two nations. The exchange of ratifications of this commercial agreement was effected in this capital on March 23 of the present year. This agreement establishes, among other stipulations, the reduction of Dominican import customs duties according to a list specifying the products which, upon being imported from Haiti, are to be introduced to our country with the reductions in the Dominican import tariff provided in that list. The Government of the Dominican Republic has always supported the multilateral development of international commerce on the basis that nations may have access to the said commerce on equal conditions and that they may be able to obtain, through such conditions, the raw materials required for a satisfactory and prosperous development of their respective economies. In this connection I have the honor to refer to the formula of contractual tariff preferences between contiguous countries which was recommended 'Date of termination of Haitian-Dominican commercial treaty of Aug. 26, 1941, as amended Mar. 24, 1942. by the Inter-American Economic and Financial Advisory Committee. It is in conformity with the spirit of that recommendation of the aforesaid interAmerican body that the above-mentioned commercial agreement between the Dominican Republic and that of Haiti was concluded. Notes were exchanged between the two Governments on March 24, 1942 by means of which certain products are added to the lists originally agreed upon. As the modus vivendi concluded between the Dominican Republic and the United States of America on September 25, 1924 2 provided that tariff reductions which our country may grant to other countries must benefit, to the measure indicated by the principles relative to the most-favored-nation clause, like products of United States manufacture and origin, I request Your Excellency to be good enough to inform this chancellery whether the Government of the United States of America, in view of the above-stated considerations, will agree not to invoke the clauses of the agreement of September 25, 1924 mentioned above for the purpose of claiming the benefit of the tariff preferences granted to the contiguous State of Haiti, which my Government considers to be in harmony with the conditions of the form recommended by the Inter-American Economic and Financial Advisory Committee. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. His Excellency No. 21 AVRA M. WARREN, E.E. and Minister Plenipotentiary of the United States of America, Legation. A. DESPRADEL The American Minister to the Secretary of State for Foreign Affairs EXCELLENCY: LEGATION OF THE UNITED STATES OF AMERICA I have the honor to acknowledge the receipt of Your Excellency's note of today's date in which you reiterate the adherence of your Government to the principle of promoting the multilateral development of international trade on the unconditional most-favored-nation basis and refer to the exclusive tariff reductions to the Republic of Haiti specifically provided for in the Commercial Agreement between the Dominican Republic and that country signed on August 26, 1941, as modified by an exchange of notes on March 24, 2 TS 700, ante, p. 216. |