CLAIMS: MARINE TRANSPORTATION AND LITIGATION Exchange of notes at Washington March 25 and May 7, 1946, modifying I have the honour to refer to your Note of October 10, 1945 (411.41 Ships/9-2045) in which notice was given that, in view of the termination of lend-lease by the Government of the United States, payments made by the United States Government on behalf of His Majesty's Government in the United Kingdom in the course of operations under the Knock-for-Knock Agreement of December 4, 1942,1 would be made under lend-lease only in cases where the claim arose prior to the expiration of 60 days following 12.01 a. m., September 2, 1945 (V–J Day). 2. You suggested in your Note that discussions should be held between the representatives of the Government of the United States and of His Majesty's Government concerning the continuation of the waiver features of the Knockfor-Knock Agreement of December 4, 1942, and the handling of mutual legal aid and payments under Article IV of that Agreement beyond the 60 day period mentioned above on some basis other than an accounting under the lend-lease Act. 3. I understand that the duly appointed representatives of our two Governments have now completed the discussion suggested in your Note under reference and I have the honour to state the agreement which the United Kingdom representatives report was reached as a result of those discussions: 1EAS 282, ante, p. 631. (i) It has been agreed that lend-lease and reciprocal aid funds will be available to discharge liabilities which arise from casualties occurring before midnight, October 31, 1945, and which are within the agreed scope of legal aid under Article IV of the Agreement and supplemental understandings. The Agreement, in both its waiver and legal aid aspects, will continue to operate thereafter and until notice is given to terminate it, but for liabilities arising from casualties occurring on or after November 1, 1945, which are within the scope of legal aid as determined from time to time, there will be substituted for payments under Mutual Aid the system of accounting on a cash basis which is provided for by the last sentence of Article IV. (ii) It is understood that for casualties occurring on or after November 1, 1945, the United States Navy will not require legal aid under Article IV of the Agreement or supplemental understandings. (iii) It has been further agreed that the continued operation of the Knockfor-Knock Agreement will be without prejudice to the possible adoption by the shipping authorities of our respective Governments of new policies in relation to the disposition of vessels, changes in status, and changes in insurance arrangements. 4. I have the honour to suggest that, if the above statement of the agreement reached is concurred in by the Government of the United States, this note and your acknowledgment of it shall be considered as constituting, on the date of your acknowledgment, an Agreement between the two Governments for the continued operation of the Knock-for-Knock Agreement of December 4, 1942, modified as is required as a result of the termination of mutual wartime arrangements. I have the honour to be, with the highest consideration, Sir, The Honourable JAMES F. BYRNES, Secretary of State of the United States, HALIFAX The Acting Secretary of State to the British Ambassador DEPARTMENT OF STATE WASHINGTON EXCELLENCY: I have the honor to acknowledge the receipt of your note no 174 of March 25, 1946, setting forth the agreement reached by representatives of our two Governments in informal discussions concerning modifications of the Knock-for-Knock Agreement of December 4, 1942 made necessary by the termination of mutual aid arrangements. The agreement set forth in the note accords with my understanding of the matter and may be regarded as in effect from the date of this acknowledgment. Accept, Excellency, the renewed assurances of my highest consideration His Excellency The Right Honorable THE EARL OF HALIFAX, K.G.. British Ambassador. AIR SERVICE: RADIO RANGE AND SCS 51 EQUIPMENT Exchange of notes at London May 8 and July 31, 1946 Entered into force July 31, 1946 61 Stat. 4008; Treaties and Other International Acts Series 1766 The American Ambassador to the Minister of Civil Aviation DEAR LORD WINSTER: 1, GROSVENOR SQUARE, Pursuant to recent discussions, it is my understanding that representatives of the Ministry of Civil Aviation and representatives of the United States have reached agreement with regard to the transfer to the United Kingdom Government of certain air navigational and operational facilities and continued operation and maintenance of these facilities by the United Kingdom Government. The United States trans-Atlantic airlines will be materially assisted by the continued operation of these facilities. The air navigational and operational aids involved are among those which were installed or provided for use in the United Kingdom by the United States Armed Forces during the war, and have become or are about to become surplus to the needs of the United States Armed Forces. The understanding which has been reached and which I desire to confirm by this letter is as follows: 1. The transfer would apply to the following installations: (a) The radio ranges and all facilities now owned by the United States which are necessary to their operation located at Prestwick, Valley, St. Mawgan, Northolt, and Stornaway, and a range and necessary facilities to be moved by the United States to Heathrow. It is the intention of the United States, prior to transfer, to convert the radio range operated at Stornaway to a beacon, and to move the radio range now located at Bovingdon, or such other range as the United States may determine, to Heathrow. (b) Four complete SCS 51 installations now owned by the United States and located at Prestwick, Valley, St. Mawgan, and one additional such installation which it is the intention of the United States to move to Heath row. 2. The United States will declare the above described installations surplus to the needs of the United States Armed Forces and will transfer them to the possession of the United Kingdom Government on or before May 31, 1946, or as soon thereafter as they may be placed by the United States in operable condition. Transfer of the installations will take place under the terms of the "Agreement Relating to United States Army and Navy Surplus Installations in the United Kingdom", accepted by the governments of the United States and of the United Kingdom in Washington on March 26, [27] 1946,1 and pursuant to the procedures agreed to by the respective governments for the execution of that Agreement. 3. The United States will supply, at time of transfer of possession of installations or at such other times as may be convenient, maintenance parts and expendable supplies scheduled on United States Army provisioning scales sufficient for operation of the above described installations for a period of one year from May 31, 1946, together with standard operation and maintenance manuals or instructions for such installations. Such maintenance parts, supplies and manuals will be transferred under the terms of the agreement relating to United States Army and Navy surplus property referred to in paragraph 2 above, and in accordance with procedures established thereunder. The United States will, prior to May 31, 1946, within limits of personnel available to the United States Armed Forces, render such assistance, instructions and advice as the Ministry of Civil Aviation may require for familiarization of its personnel in the operation and maintenance of the installations. 4. The United Kingdom Government, through the Ministry of Civil Aviation, will make every effort to take over operation and maintenance of the above described ranges at Northolt and Prestwick as of May 31, 1946, and of the other above described installations as soon as is possible, provided that the United Kingdom Government shall not be under any obligation to operate and maintain any of the said installations unless the United States Government shall have placed them in a serviceable condition, and provided further that the United Kingdom Government shall not be under any obligation to operate simultaneously the range at Northolt and the range to be moved to Heathrow. 5. The United Kingdom Government will continue operation of the above described installations, at present standards of operation and without interruption and, in the case of the radio ranges, at no less than 150 watts power until such time as the aeronautical authorities of the United Kingdom Government after consultation with the United States and other governments concerned determine that the installations may be modified or discontinued. 1TIAS 1509, ante, p. 745. |