The Acting Secretary of State to the British Ambassador DEPARTMENT OF STATE WASHINGTON Dec 31 1948 EXCELLENCY: I have the honor to acknowledge the receipt of your note of today's date, the terms of which are as follows: [For text of British note, see above.] In reply, I have the honor to inform your Excellency that the Government of the United States accepts the proposals set forth in your note and, in accordance with the suggestion contained therein, your Excellency's note and this reply will be regarded as constituting an Agreement between our two Governments in this matter. Accept, Excellency, the renewed assurances of my highest consideration. ROBERT A. LOVETT Acting Secretary of State' His Excellency The Right Honorable Sir OLIVER SHEWELL FRANKS, K.C.B., C.B.E., British Ambassador CUSTOMS PRIVILEGES FOR FOREIGN SERVICE PERSONNEL Exchange of notes at Washington February 16, 1949 Department of State files No. 76 541/20/49 SIR: The British Ambassador to the Secretary of State BRITISH EMBASSY 16th February, 1949 With reference to the Convention regulating the position of consular officers between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland signed this day,' I have the honour to refer to the terms of Article 14, which provide for exemption from taxes and duties imposed upon, or by reason of, importation in respect of articles required exclusively for the use of a consular officer or employee and members of their families. 2. It will be noted that Article 14 provides only for free importation of articles by a consular officer or employee himself, whether on first or subsequent arrival at his post, or by consignment to him at his post. His Majesty's Government in the United Kingdom are aware that under an arrangement, the terms of which were communicated orally to the United States Embassy in London in July, 1941, it was agreed that certain articles required for use of the staff of the Embassy might be imported in bulk free from customs duties and supplied to the staff through the Embassy. It is understood that the benefit of these arrangements is, at present, in the United Kingdom, extended to Consuls-General, Consuls and Vice-Consuls of the United States and other employees of the United States provided that they are permanent and pensionable employees of the United States Government and are United States citizens not engaged in any private occupation for gain. 3. I desire to inform you that His Majesty's Government in the United Kingdom do not consider that it would be appropriate that provisions should be included in the Convention to give formal effect to this understanding. I have nevertheless the honour to inform you that His Majesty's Government are prepared to agree to the continuance of the existing arrangements on the understanding that the facilities for the duty-free importation apply only to food-stuffs, together with minor toilet and consumable household articles for everyday use excluding tobacco and alcoholic beverages, and that the use of these facilities is confined to the diplomatic staff of the United States Embassy, and to United States consular officers and other employees of the United States on official duty in the United Kingdom of Great Britain and Northern Ireland, provided that they possess the qualifications specified in paragraph (4) of Article 13 of the Convention. Moreover, whilst it is not the intention of His Majesty's Government to terminate this arrangement, they reserve the right, which they possess under the arrangement of 1941, at any time, after consultation with the appropriate officials of the United States Embassy, to discontinue it in whole or in part by written notice allowing reasonable time to dispose of current supplies. It is, however, accepted by His Majesty's Government that this arrangement stands outside the Convention signed today, and that the provisions of Article 14 of the Convention shall not be interpreted as precluding this arrangement. 4. This note and your reply of the same date in a similar sense shall be regarded as placing on record the understanding arrived at in this matter. I avail myself of this opportunity to renew to you the assurance of my highest consideration, OLIVER FRANKS The Honourable DEAN ACHESON, Secretary of State of the United States, The Secretary of State to the British Ambassador DEPARTMENT OF STATE WASHINGTON EXCELLENCY: I have the honor to acknowledge the receipt of your note of this date in which, with reference to Article 14 of the Consular Convention between the United States of America and the United Kingdom of Great Britain and Northern Ireland, signed at Washington today, February 16, 1949, the understanding and position of His Majesty's Government in the United Kingdom are set forth with respect to the continuing extension in the United Kingdom to United States Consuls General, Consuls, and Vice Consuls of the benefit of arrangements, as communicated orally to the United States Embassy in London in July 1941, respecting the importation in bulk, free from customs duties, of certain articles required for the use of, and supplied to, the staff of the Embassy. It is noted that, although it is considered by His Majesty's Government in the United Kingdom that it would not be appropriate to include in the Consular Convention provisions to give formal effect to these arrangements, "His Majesty's Government in the United Kingdom are prepared to agree to the continuance of the existing arrangements on the understanding that the facilities for the duty-free importation apply only to foodstuffs, together with minor toilet and consumable household articles for every-day use, excluding tobacco and alcoholic beverages, and that the use of these facilities is confined to the diplomatic staff of the United States Embassy, and to the United States Consular officers and other employees of the United States on official duty in the United Kingdom of Great Britain and Northern Ireland, provided that they possess the qualifications specified in paragraph 4 of Article 13 of the Convention." It is noted also that, while it is not the intention of His Majesty's Government to terminate this arrangement, "they reserve the right which they possess under the arrangement of 1941 at any time, after consultation with the appropriate officials of the United States Embassy, to discontinue it, in whole or in part, by written notice, allowing reasonable time to dispose of current supplies", and further that it is "accepted by His Majesty's Government that the arrangement stands outside the Convention signed today, and that the provisions of Article 14 of the Convention shall not be interpreted as precluding this arrangement." Your Excellency's note and this reply shall be regarded by the Government of the United States of America as placing on record the understanding arrived at in regard to this matter. Accept, Excellency, the renewed assurances of my highest consideration. DEAN ACHESON His Excellency Sir OLIVER SHEWELL FRANKS, K.C.B., C.B.E., British Ambassador. FINANCING OF EDUCATIONAL EXCHANGE PROGRAM Exchange of notes at London February 25 and March 5, 1949, amending agreement of September 22, 1948 Entered into force March 5, 1949 Terminated by agreement of May 10, 1965 1 63 Stat. 2413; Treaties and Other International Acts Series 1916 The American Ambassador to the Secretary of State for Foreign Affairs SIR, AMERICAN EMBASSY, LONDON. February 25, 1949 I have the honor to propose on instructions from my Government that, notwithstanding the provisions of paragraph (a) of Article 7 of the Agreement signed on the 22nd September [1948] 2 between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland providing for the establishment of the United States Educational Commission in the United Kingdom, the Commission shall consist of fourteen members, seven of whom shall be citizens of the United States, seven of whom shall be citizens of the United Kingdom and Colonies. 2. I have further the honor to propose (1) that paragraph (c) of Article 7 should be amended to read as follows: "(c) The principal officer in charge of the Diplomatic Mission of the United States to the United Kingdom (hereinafter designated the "Chief of Mission") or his nominee shall be Honorary Chairman of the Commission. The Chief of Mission, whether present at any meeting of the Commission or not, shall have the power to cast the deciding vote, if occasion arises"; (2) that paragraph (b) of Article 8, should be deleted and the following paragraph substituted: "(b) The Secretary of State for Foreign Affairs of the United Kingdom shall have the power of appointment and removal of members of the Commission who are citizens of the United Kingdom and Colonies". 116 UST 758; TIAS 5806. 'TIAS 1870, ante, p. 904. |