Inter-American Affairs sufficiently in advance, to the end that the exchange of notes relative thereto may be made opportunely. I beg you, Sir, to accept the assurances of my high consideration and esteem. The Honorable JOSEPH FLACK, Chargé d'Affaires ad interim of the United States of America, City. ROBERTO PICÓN LARES MILITARY MISSION Agreement signed at Washington June 3, 1946 Entered into force June 3, 1946 Extended by agreement of June 4 and July 15, 19481 60 Stat. 1677; Treaties and Other International Acts Series 1522 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED STATES OF Venezuela In conformity with the request of the Government of the United States of Venezuela to the Government of the United States of America, the President of the United States of America has auhorized the appointment of officers and enlisted men to constitute a Military Mission to the United States of Venezuela under the conditions specified below. TITLE I Purpose and Duration ARTICLE 1. The purpose of this Mission is to cooperate with the Ministry of War and Marine of the United States of Venezuela and with the personnel of the Venezuelan Army with a view to enhancing the latter's technical efficiency. ARTICLE 2. This Mission shall continue for a period of two years from the date of the signing of this Agreement, unless previously terminated or extended as hereinafter provided. Any member of the Mission may be recalled by the Government of the United States of America after the expiration of two years of service, in which case another member shall be furnished to replace him. For its part, the Government of the United States of Venezuela may, under the same conditions, request the replacement of any member of the Mission. ARTICLE 3. If the Government of the United States of Venezuela should desire that the services of the Mission be extended beyond the stipulated period, it shall make a written proposal to that effect six months before the expiration of this Agreement. 'Not printed. ARTICLE 4. This Agreement may be terminated before the expiration of the period of two years prescribed in Article 2, or before the expiration of the extension authorized in Article 3, in the following manner: (a) By either of the Governments, subject to three months' written notice to the other Government; (b) By the recall of the entire personnel of the Mission by the Government of the United States of America or by that of the United States of Venezuela, in the public interest of the United States of America or of the United States of Venezuela, without necessity of compliance with provision (a) of this Article. ARTICLE 5. This Agreement is subject to cancellation by either of the two Governments in the event that one of them is involved in a civil or foreign war. TITLE II Composition and Personnel ARTICLE 6. This Mission shall consist of such personnel of the United States Army as may be agreed upon by the Ministry of War and Marine of the United States of Venezuela, through its authorized representative in Washington, and by the War Department of the United States of America. TITLE III Duties, Rank and Precedence ARTICLE 7. The personnel of the Mission shall perform such duties as may be agreed upon between the Ministry of War and Marine of the United States of Venezuela and the Chief of the Mission, it being understood that the members of the Mission shall, during the period that they are at the disposal of the Venezuelan Government, act only as Instructors and that they shall not intervene in matters of command, discipline and administration of the Venezuelan Army, which matters are incumbent solely upon the military authorities of Venezuela. ARTICLE 8. The members of the Mission shall be responsible solely to the Ministry of War and Marine of the United States of Venezuela, through the Chief of the Mission. ARTICLE 9. Each member of the Mission shall serve on it with the rank he holds in the United States Army and shall wear the uniform of his rank in the United States Army, but in view of the mission of instruction which they are to perform they shall have precedence over Venezuelan officers of the same rank, except in cases where, because of the importance of the post held by the Venezuelan officer, Venezuelan military protocol provides for the contrary. ARTICLE 10. Each member of the Mission shall be entitled to all benefits and privileges which the laws and regulations of the Venezuelan Army provide for Venezuelan officers and subordinate personnel of corresponding rank. ARTICLE 11. The personnel of the Mission shall be governed by the disciplinary regulations of the United States Army. TITLE IV Compensation and Perquisites ARTICLE 12. Members of the Mission shall receive from the Government of the United States of Venezuela such net annual compensation as may be agreed upon between the Government of the United States of America and the Government of the United States of Venezuela for each member. This compensation shall be paid in twelve (12) equal monthly instalments, each due and payable on the last day of the month. The compensation shall not be subject to any tax now or hereafter in effect in Venezuela or in any of its political or administrative subdivisions. However, should there be, while this Agreement is in effect, any taxes that might affect this compensation, such taxes shall be borne by the Ministry of War and Marine of the United States of Venezuela in order to comply with the provision of this Article that the compensation agreed upon shall be net. ARTICLE 13. The compensation agreed upon as indicated in the preceding Article shall commence upon the date of departure from the United States of America of each member of the Mission and, except as otherwise expressly provided in this Agreement, shall continue, following the termination of duty with the Mission, for the return voyage to the United States of America and thereafter for the period of any accumulated leave which may be due. ARTICLE 14. The compensation due for the period of the return trip and accumulated leave shall be paid to a detached member of the Mission before his departure from Venezuela, and such payment shall be computed for travel by the shortest usually traveled route to the port of entry in the United States of America, regardless of the route and method of travel used by the member of the Mission. ARTICLE 15. Each member of the Mission and his family shall be furnished by the Government of the United States of Venezuela with first-class accommodations for travel, via the shortest usually traveled route, required and performed under this Agreement, between the port of embarkation in the United States of America and his official residence in Venezuela, both for the outward and for the return voyage. The Government of the United States of Venezuela shall also pay all expenses of shipment of household effects, baggage and automobile of each member of the Mission between the port of embarkation in the United States of America and his official residence in Venezuela, as well as all expenses incidental to the transportation of such household effects, baggage and automobile from Venezuela to the port of entry in the United States of America. Transportation of such household effects, baggage and automobile shall be effected in one shipment, and all subsequent shipments shall be at the expense of the respective members of the Mission except as otherwise provided in this Agreement, or when such shipments are necessitated by circumstances beyond their control. Payment of expenses for the transportation of families, household effects and automobiles, in the case of personnel who may join the Mission for temporary duty at the request of the Ministry of War and Marine of the United States of Venezuela, shall not be required under this Agreement, but shall be determined by negotiations between the War Department of the United States of America and the authorized representative of the Ministry of War and Marine of the United States of Venezuela in Washington at such time as the detail of personnel for such temporary duty may be agreed upon. ARTICLE 16. The Government of the United States of Venezuela shall annually establish a fund not to exceed 25 percent of the aggregate of the annual salaries of the members of the Mission to cover the cost of customs duties for articles imported for the personal use of the members of the Mission and their families. Expenditures from this fund shall be made only on the approval of the Chief of the Mission. ARTICLE 17. If the services of any member of the Mission should be terminated for any reason whatsoever before the completion of two years of service, the Government of the United States of Venezuela shall not be obligated to pay the cost of the return to the United States of America of such member, his family, household effects and baggage. It shall in any case pay the costs involved in the movement of the individual's automobile from Venezuela to the port of entry in the United States of America. Neither shall it be obligated to pay the cost of transporting the replacement for a Mission member whose services are so terminated, his family, household effects and baggage, but costs involved in the movement of the replacement's automobile from the port of embarkation in the United States of America to his official residence in Venezuela shall be borne by the Government of the United States of Venezuela. ARTICLE 18. Compensation for transportation and traveling expenses in Venezuelan territory on official business of the Venezuelan Government shall be provided by the Government of the United States of Venezuela in accordance with the provisions of Article 10. ARTICLE 19. The Government of the United States of Venezuela shall provide the Chief of the Mission with a suitable automobile with chauffeur, for use on official business of the Mission. ARTICLE 20. The Government of the United States of Venezuela shall provide suitable office space and facilities for the use of the members of the Mission. ARTICLE 21. If any member of the Mission, or any of his family, should die in Venezuela, the Government of the United States of Venezuela shall have the body transported to such place in the United States of America as the surviving members of the family may decide, but the cost to the Govern |