Page images
PDF
EPUB

the fiscal year ending June 30, 1954, and that further proceedings under the call trict of Columbia appropriation bill, and for other purposes; agreed to the con- be dispensed with.

the legislative appropriation bill. ference asked by the Senate on the dis- The PRESIDING OFFICER. Without In the meantime, conference comagreeing votes of the two Houses there- objection, it is so ordered.

mittees on the appropriation bills which on, and that Mr. PHILLIPS, Mr. COTTON,

have already passed the House and SenMr. JONAS of North Carolina, Mr. KRUE

ate are starting to meet this week. This MESSAGES FROM THE PRESIDENTGER, Mr. TABER, Mr. THOMAS, Mr. An

afternoon the conference committee is

APPROVAL OF BILL DREWS, Mr. YATES, and Mr. CANNON were

meeting on the Labor and Health, appointed managers on the part of the

Messages in writing from the Presi

Education, and Welfare appropriation House at the conference.

dent of the United States were communi- bill. I am hopeful that perhaps one a The message further announced that cated to the Senate by Mr. Miller, one of

day of the conference reports on approthe House had disagreed to the amend- his secretaries, and he announced that priation bills will be ready. Since these ments of the Senate to the bill (H. R. on July 14, 1953, the President had ap

are privileged in nature, we propose to 5134) to amend the Submerged Lands proved and signed the act (S. 1082) to

take them up as soon as they are ready Act; agreed to the conference asked by approve a conveyance made by the city

for Senate consideration. the Senate on the disagreeing votes of of Charleston, S. C., to the South Caro

I make this announcement because I the two Houses thereon, and that Mr. lina State Ports Authority, of real prop

wish to give as much advance notice as GRAHAM, Miss THOMPSON of Michigan, erty hertofore granted to said city of

possible to Members of the Senate as to Mr. HILLINGS, Mr. MCCULLOCH, Mr. Charleston by the United States of

the proposed legislative program. CELLER, Mr. WALTER, and Mr. WILSON America. were appointed managers on the part of

STATUS OF FORCES AGREEMENT OF the House at the conference. EXECUTIVE MESSAGES REFERRED

PARTIES TO THE NORTH ATLANThe message also announced that the House had disagreed to the amendments The PRESIDING OFFICER (Mr. TIC TREATY ORGANIZATION of the Senate to the bill (H. R. 5690) BUSH in the chair) laid before the Sen

The PRESIDING OFFICER. The making appropriations for additional in- ate messages from the President of the

Senate is proceeding in executive sesdependent executive bureaus, boards, United States submitting several nomi

sion. commissions, corporations, agencies, and nations, which were referred to the ap

The Senate, as in Committee of the offices, for the fiscal year ending June propriate committees.

Whole, proceeded to consider the agree30, 1954, and for other purposes; agreed (For nominations this day received, ment, Executive T (82d Cong., 2d sess.), to the conference asked by the Senate on see the end of Senate proceedings.)

an agreement between the parties to the disagreeing votes of the two Houses

the North Atlantic Treaty regarding the thereon, and that Mr. PHILLIPS, Mr. COT

status of their forces, signed at London TON, Mr. JONAS of North Carolina, Mr.

LEGISLATIVE PROGRAM

on June 19, 1951, which was read the KRUEGER, Mr. TABER, Mr. THOMAS, Mr. Mr. KNOWLAND. Mr. President, for second time, as follows: ANDREWS, Mr. YATES, and Mr. CANNON the information of the Senate, when we AGREEMENT BETWEEN THE PARTIES TO THE were appointed managers on the part complete our work on the treaties which NORTH ATLANTIC TREATY REGARDING THE of the House at the conference.

the Senate is about to consider, the STATUS OF THEIR FORCES
status of forces agreements, it is our The Parties to the North Atlantic Treaty

plan to have the Senate proceed to the signed in Washington on 4th April, 1949, ENROLLED BILL SIGNED

consideration of a number of bills which Considering that the forces of one Party The message further announced that I believe are relatively noncontroversial.

may be sent, by arrangement, to serve in the Speaker had affixed his signature to I have already given the list to the

the territory of another Party; the enrolled bill (H. R. 5710) to amend minority leader, but for the RECORD and

Bearing in mind that the decision to send

them and the conditions under which they further the Mutual Security Act of for the information of other Members will be sent, in so far as such conditions are 1951, as amended, and for other pur- of the Senate they are as follows: Cal- not laid down by the present Agreement, will poses, and it was signed by the Presi- endar No. 374, House bill 3087: Calendar continue to be the subject of separate ardent pro tempore.

No. 485, Senate bill 1152; Calendar No, rangements between the Parties concerned; 491, Senate bill 2163; Calendar No. 511,

Desiring, however, to define the status of Senate bill 281; and Calendar No. 515,

such forces while in the territory of another EXECUTIVE SESSION

Party;
Senate Concurrent Resolution 40. Cal.

Have agreed as follows:
Mr. KNOWLAND. I move that the endar No. 518, Senate Resolution 139,

ARTICLE I Senate proceed to the consideration of

which was originally on this list, is now executive business. the unfinished business.

1. In this Agreement the expressionThe motion was agreed to; and the These measures will not necessarily be

(a) "force" means the personnel belong

ing to the land, sea or air armed services of Senate proceeded to the consideration taken up in the order in which I have

one Contracting Party when in the territory of executive business.

listed them, but they are a group of of another Contracting Party in the North measures which we may take up when Atlantic Treaty area in connexion with their

we complete the executive session today. official duties, provided that the two ConRECESS I wish also to give notice to the Sen- tracting Parties concerned may agree that

certain individuals, units or formations shall Mr. HENDRICKSON. Mr. President, ate that, as I understand, the excess

not be regarded as constituting or included I move that the Senate stand in recess profits tax bill was reported from the

in a "force” for the purposes of the present until 3 o'clock p. m. Senate Finance Committee today. As

Agreement; · The motion was agreed to; and (at 1 soon as that bill is ready, either tomor

(b) "civilian

component" means the o'clock and 6 minutes p. m.) the Senate, row or the following day, we shall give civilian personnel accompanying a force of in executive session, took a recess until priority to its consideration.

a Contracting Party who are in the employ 3 o'clock p. m.

Somewhat depending upon the course

of an armed service of that contracting On the expiration of the recess, the of the legislative sessions for the re

Party, and who are not stateless persons, nor Senate reassembled and was called to mainder of the week, it may be that we

nationals of any State which is not a Party

to the North Atlantic Treaty, nor nationals order by the Presiding Officer (Mr. shall have a calendar call for the con

of, nor ordinarily resident in, the State in BUSH in the chair).

sideration of unobjected to bills on Sat- which the force is located; Mr. KNOWLAND. Mr. President, I urday. There will be a session on Sat- (c) “dependent” means the spouse of a suggest the absence of a quorum.

urday, and it may be necessary to have member of a force or of a civilian component, The PRESIDING OFFICER. The evening sessions for the remainder of or a child of such member depending on him clerk will call the roll. the week.

or her for support; The Chief Clerk proceeded to call the By next week it is hoped that the four

(d) “sending State” means the Contractroll. remaining appropriation bills will be on

ing Party to which the force belongs; Mr. KNOWLAND. Mr. President, I the Senate Calendar. I refer to the

(e) “receiving State” means the Contract

ing Party in the territory of which the force ask unanimous consent that the order Armed Services appropriation bill, the or civilian component is located, whether for the quorum call be rescinded and mutual aid appropriation bill, the Dis- it be stationed there or passing in transit; (f). "military authorities of the sending State as members of a force or civilian com- (ii) offences arising out of any act or State” means those authorities of a sending ponent or for the purpose of becoming such omission done in the performance of official State who are empowered by its law to en- members, and to the dependents of such duty. force the military law of that State with persons.

(b) In the case of any other offence the respect to members of its forces or civilian

ARTICLE IV.

authorities of the receiving State shall have components;

The receiving State shall either

the primary right to exercise jurisdiction. (g) "North Atlantic Council" means the (a) accept as valid, without a driving test

(c) If the State having the primary right Council established by Article 9 of the North or fee, the driving permit or licence or mili

decides not to exercise jurisdiction, it shall Atlantic Treaty or any of its subsidiary

tary driving permit issued by the sending notify the authorities of the other state as bodies authorised to act on its behalf. State or a sub-division thereof to a member

soon as practicable. The authorities of the 2. This Agreement shall apply to the au- of a force or of a civilian component; or

State having the primary right shall give thorities of political sub-divisions of the Con

(b) issue its own driving permit or licence sympathetic consideration to a request from tracting Parties, within their territories to to any member of a force or civilian com

the authorities of the other State for a which the Agreement applies or extends in ponent who holds a driving permit or licence

waiver of its right in cases where that other accordance with Article XX, as it applies to or military driving permit issued by the

State considers such waiver to be of particuthe central authorities of those Contracting sending State or a sub-division thereof, pro

lar importance. Parties, provided, however, that property vided that no driving test shall be required.

4. The foregoing provisions of this Article owned by political sub-divisions shall not be

shall not imply any right for the military

ARTICLE V considered to be property owned by a Con

authorities of the sending State to exercise tracting Party within the meaning of Arti- 1. Members of a force shall normally wear jurisdiction over persons who are nationals cle VIII.

uniform. Subject to any arrangement to of or ordinarily resident in the receiving ARTICLE II

the contrary between the authorities of the State, unless they are members of the force It is the duty of a force and its civilian

sending and receiving States, the wearing of of the sending State.

civilian dress shall be on the same condicomponent and the members thereof as well

5.-(a) The authorities of the receiving as their dependents to respect the law of the

tions as for members of the forces of the and sending States shall assist each other in receiving State, and to abstain from any ac

receiving State. Regularly constituted units the arrest of members of a force or civilian tivity inconsistent with the spirit of the

or formations of a force shall be in uniform component or their dependents in the terri

when crossing a frontier. present Agreement, and, in particular, from

tory of the receiving State and in handing

2. Service vehicles of a force or civilian any political activity in the receiving State.

them over to the authority which is to exIt is also the duty of the sending State to

component shall carry, in addition to their ercise jurisdiction in accordance with the

registration number, a distinctive nationaltake necessary measures to that end.

above provisions. ity mark.

(b) The authorities of the receiving State ARTICLE III

ARTICLE VI

shall notify promptly the military authori1. On the conditions specified in paragraph Members of a force may possess and carry ties of the sending State of the arrest of any 2 of this Article and subject to compliance arms, on condition that they are authorised

member of a force or civilian component or with the formalities established by the re

to do so by their orders. The authorities of a dependent. ceiving State relating to entry and departure

the sending State shall give sympathetic (c) The custody of an accused member of of a force or the members thereof, such mem

consideration to requests from the receiv- a force or civilian component over whom the bers shall be exempt from passport and visa ing State concerning this matter.

receiving State is to exercise jurisdiction regulations and immigration inspection on

ARTICLE VII

shall, if he is in the hands of the sending entering or leaving the territory of a receiy

State, remain with that State until he is ing State. They shall also be exempt from 1. Subject to the provisions of this Ar

charged by the receiving State. the regulations of the receiving State on the ticle, registration and control of aliens, but shall (a) the military authorities of the sending

6.-(a) The authorities of the receiving not be considered as acquiring any right to State shall have the right to exercise within

and sending States shall assist each other in permanent residence or domicile in the terri- the receiving State all criminal and disci

the carrying out of all necessary investiga

tions into offences, and in the collection and tories of the receiving State.

plinary jurisdiction conferred on them by 2. The following documents only will be the law of the sending State over all persons

production of evidence, including the seizure required in respect of members of a force. subject to the military law of that State;

and, in proper cases, the handing over. of ob

jects connected with an offence. The handThey must be presented on demand:

(b) the authorities of the receiving State

ing over of such objects may, however, be (a) personal identity card issued by the shall have jurisdiction over the members of

made subject. to their return within the sending State showing names, date of birth, a force or civilian component and their derank and number (if any), service, and

time specified by the authority delivering pendents with respect to offences committed

them. photograph; within the territory of the receiving State

(b) The authorities of the Contracting (b) individual or collective movement or

and punishable by the law of that State. der, in the language of the sending State

Parties shall notify one another of the dis

2.-(a) The military authorities of the and in the English and French languages,

position of all cases in which there are consending State shall have the right to exercise issued by an appropriate agency of the cend

current rights to exercise jurisdiction. exclusive jurisdiction over persons subject to ing State or of the North Atlantic Treaty Or

7.-(a) A death sentence shall not be carthe military law of that State with respect ganizations and certifying to the status of

ried out in the receiving State by the auto offences, including offences relating to its the individual or group as a member or

thorities of the sending State if the legislasecurity, punishable by the law of the sendmembers of a force and to the movement or

tion of the receiving State does not provide ing State, but not by the law of the receiydered. The receiving State may require a

for such punishment in a similar case. ing State. movement order to be countersigned by its

(b) The authorities of the receiving State

(b) The authorities of the receiving State appropriate representative. shall have the right to exercise exclusive ju

shall give sympathetic consideration to a 3. Members of a civilian component and

request from the authorities of the sending risdiction over members of a force or civilian dependents shall be so described in their

State for assistance in carrying out a sencomponent and their dependents with repassports. 4. If a member of a force or of a civilian spect to offences, including offences relating authorities of the sending State under the

tence of imprisonment pronounced by the to the security of that State, punishable by provision of this Article within the terricomponent leaves the employ of the send

its law but not by the law of the sending tory of the receiving State. ing State and is not repatriated, the au

State. thorities of the sending State shall imme

8. Where an accused has been tried in acdiately inform the authorities of the re

(c) For the purposes of this paragraph and

cordance with the provisions of this Article ceiving State, giving such particulars as may of paragraph 3 of this Article a security of

by the authorities of one Contracting Party be required. The authorities of the sendfence against a State shall include

and has been acquitted, or has been coning State shall similarly inform the author

(i) treason against the State;

victed and is serving, or has served, his senities of the receiving State of any member (ii) sabotage, espionage or violation of any tence or has been pardoned, he may not be who has absented himself for more than law relating to official secrets of that State, tried again for the same offence within the twenty-one days.

or secrets relating to the national defence same territory by the authorities of another 5. If the receiving State has requested the of that State.

Contracting Party. However, nothing in this removal from its territory of a member of a 3. In cases where the right to exercise ju. paragraph shall prevent the military auforce or civilian component or has made an

risdiction is concurrent the following rules thorities of the sending State from trying a expulsion order against an ex-member of a shall apply:

member of its force for any violation of force or of a civilian component or against a (a) The military authorities of the send. rules of discipline arising from an act or dependent of a member or ex-member, the ing State shall have the primary right to ex- omission which constituted an offence for authorities of the sending State shall be ercise jurisdiction over a member of a force which he was tried by the authorities of an. responsible for receiving the person con- or of a civilian component in relation to other Contracting Party. cerned within their own territory or other- (i) offences solely against the property or 9. Whenever a member of a force or civilian wise disposing of him outside the receiving security of that State, or offences solely component or a dependent is prosecuted State. This paragraph shall apply only to against the person or property of another under the jurisdiction of a receiving State persons who are not nationals of the re- member of the force or civilian component he shall be entitled ceiving State and have entered the receiving of that State or of a dependent;

(a) to a prompt and speedy trial;

(b) to be informed, in advance of trial, of the Chairman of the North Atlantic Council tributed between the Contracting Parties, the specific charge or charges made against Deputies to select a person with the afore- as follows:him; said qualifications.

(i) Where one sending State alone is re(c) to be confronted with the witnesses (c) Any decision taken by the arbitrator sponsible, the amount awarded or adjudged against him;

shall be binding and conclusive upon the shall be distributed in the proportion of 25 (d) to have compulsory process for ob- Contracting Parties.

per cent. chargeable to the receiving State taining witnesses in his favour, if they are (d) The amount of any compensation and 75 per cent. chargeable to the sending within the jurisdiction of the receiving awarded by the arbitrator shall be distrib- State. State; uted in accordance with the provisions of

(ii) Where more than one State is respon(e) to have legal representation of his own paragraph 5 (e) (i), (ii) and (iii) of this sible for the damage, the amount awarded choice for his defence or to have free or Article.

or adjudged shall be distributed equally assisted legal representation under the con- (e) The compensation of the arbitrator among them: however, if the receiving State ditions prevailing for the time being in the shall be fixed by agreement between the Con

is not one of the States responsible, its conreceiving State; tracting Parties concerned and shall, to

tribution shall be half that of each of the (f) if he considers it necessary, to have gether with the necessary expenses incidental

sending States. the services of a competent interpreter; and to the performance of his duties, be defrayed

(iii) Where the damage was caused by the (g) to communicate with a representative in equal proportions by them.

armed services of the Contracting Parties of the Government of the sending State and, (f) Nevertheless, each Contracting Party

and it is not possible to attribute it specifiwhen the rules of the court permit, to have waives its claim in any such case where the

cally to one or more of those armed services, such a representative present at his trial. damage is less than:

the amount awarded or adjudged shall be 10.-(a) Regularly constituted military

distributed equally among the Contracting Belgium: B.fr. 70,000. Netherlands: F1. 5,320. units or formations of a force shall have the

Parties concerned: however, if the receiving Canada: $1,460. Norway: Kr. 10,000. right to police any camps, establishments or

State is not one of the States by whose Denmark: Kr. 9,670. Portugal: Es. 40,250. other premises which they occupy as the

armed services the damage was caused, its France: F.fr. 490,000. United Kingdom: result of an agreement with the receiving

contribution shall be half that of each of the Iceland: Kr. 22,800. £500. State. The military police of the force may

sending States concerned. Italy: Li. 850,000. United States: $1,400. take all appropriate measures to ensure the Luxembourg:

(iv) Every half-year, a statement of the

L.fr. maintenance of order and security on such

sums paid by the receiving State in the

70,000. premises.

course of the half-yearly period in respect of (b) Outside these premises, such military

Any other Contracting Party whose property every case regarding which the proposed dispolice shall be employed only subject to ar

has been damaged in the same incident shall tribution on a percentage basis has been acrangements with the authorities of the re

also waive its claim up to the above amount. cepted, shall be sent to the sending States ceiving State and in liaison with those au

In the case of considerable variation in the concerned, together with a request for reimthorities, and in so far as such employment

rates of exchange between these currencies bursement. Such reimbursement shall be is necessary to maintain discipline and order

the Contracting Parties shall agree on the made within the shortest possible time, in among the members of the force.

appropriate adjustments of these amounts. the currency of the receiving State. 11. Each Contracting Party shall seek such

3. For the purposes of paragraphs 1 and 2 (f) In cases where the application of the legislation as it deems necessary to ensure

of this Article the expression "owned by a provisions of sub-paragraphs (b) and (e) of the adequate security and protection within

Contracting Party" in the case of a vessel in- this paragraph would cause a Contracting its territory of installations, equipment,

cludes a vessel on bare boat charter to that Party serious hardship, it may request the property, records and official information of

Contracting Party or requisitioned by it on North Atlantic Council to arrange a settle

bare boat terms or seized by it in prize (ex- ment of a different nature. other Contracting Parties, and the punishment of persons who may contravene laws

cept to the extent that the risk of loss or lia- (g) A member of a force or civilian comenacted for that purpose.

bility is borne by some person other than ponent shall not be subject to any proceedsuch Contracting Party).

ings for the enforcement of any judgment ARTICLE VIII

4. Each Contracting Party waives all its given against him in the receiving State in a 1. Each Contracting Party waives all its

claims against any other Contracting Party matter arising from the performance of his claims against any other Contracting Party for injury or death suffered by any member official duties. for damage to any property owned by it and

of its armed services while such member was (h) Except in so far as sub-paragraph (e) used by its land, sea or air armed services, engaged in the performance of his official of this paragraph applies to claims covered if such damageduties.

by paragraph 2 of this Article, the provisions (i) was caused by a member or an em

5. Claims (other than contractual claims of this paragraph shall not apply to any ployee of the armed services of the other and those to which paragraphs 6 or 7 of this claim arising out of or in connection with Contracting Party in the execution of his

Article apply) arising out of acts or omissions the navigation or operation of a ship or the duties in connexion with the operation of of members of a force or civilian component loading, carriage, or discharge of a cargo, the North Atlantic Treaty; or

done in the performance of official duty, or other than claims for death or personal in(ii) arose from the use of any vehicle, ves- out of any other act, omission or occurrence jury to which paragraph 4 of this Article does sel or aircraft owned by the other Contract- for which a force or civilian component is not apply. ing Party and used by its armed services, legally responsible, and causing damage in 6. Claims against members of a force or provided either than the vehicle, vessel or the territory of the receiving State to third civilian component arising out of tortious aircraft causing the damage was being used parties, other than any of the Contracting acts or omissions in the receiving State not in connexion with the operation of the North Parties, shall be dealt with by the receiving done in the performance of official duty shall Atlantic Treaty, or that the damage was State in accordance with the following pro- be dealt with in the following manner:caused to property being so used. visions:

(a) The authorities of the receiving State Claims for maritime salvage by one Con- (a) Claims shall be filed, considered and shall consider the claim and assess comtracting Party against any other Contracting settled or adjudicated in accordance with the pensation to the claimant in a fair and just Party shall be waived, provided that the ves- laws and regulations of the receiving State manner, taking into account all the circumsel or cargo salved was owned by a Contract- with respect to claims arising from the ac- stances of the case, including the conduct ing Party and being used by its armed sery- tivities of its own armed forces.

of the injured person, and shall prepare a ices in connexion with the operation of the (b) The receiving State may settle any report on the matter. North Atlantic Treaty.

such claims, and payment of the amount (b) The report shall be delivered to the 2.-(a) In the case of damage caused or agreed upon or determined by adjudication authorities of the sending State, who shall arising as stated in paragraph 1 to other shall be made by the receiving State in its then decide without delay whether they will property owned by a Contracting Party and currency.

offer an ex gratia payment, and if so, of what located in its territory, the issue of the lia- (C) Such payment, whether made pursuant amount. bility of any other Contracting Party shall to a settlement or to adjudication of the case (c) If an offer of ex gratia payment is be determined and the amount of damage by a competent tribunal of the receiving made, and accepted by the claimant in full shall be assessed, unless the Contracting State, or the final adjudication by such a tri- satisfaction of his claim, the authorities of Parties concerned agree otherwise, by a sole bunal denying payment, shall be binding and the sending State shall make the payment arbitrator selected in accordance with sub- conclusive upon the Contracting Parties. themselves and inform the authorities of the paragraph (b) of this paragraph. The arbi- • (d) Every claim paid by the receiving receiving State of their decision and of the trator shall also decide any counter-claims Statė shall be communicated to the sending sum paid. arising out of the same incident.

States concerned together with full particu- (d) Nothing in this paragraph shall affect (b) The arbitrator referred to in sub- lars and a proposed distribution in conform- the jurisdiction of the courts of the receivparagraph (a) above shall be selected by ity with sub-paragraphs (e) (i), (ii) and ing State to entertain an action against a agreement between the Contracting Parties (iii) below. In default of a reply within member of a force or of a civilian component concerned from amongst the nationals of the two months, the proposed distribution shall unless and until there has been payment in receiving State who hold or have held high be regarded as accepted.

full satisfaction of the claim. judicial office. If the Contracting Parties (e) The cost incurred in satisfying claims 7. Claims arising out of the unauthorised concerned are unable, within two months, to pursuant to the preceding sub-paragraphs use of any vehicle of the armed services of agree upon the arbitrator, either may request and paragraph 2 of this Article shall be dis- a sending State shall be dealt with in accordance with paragraph 6 of this Article, except special arrangements to be made between despatches carried and certify that they conin so far as the force or civilian component the Governments concerned.

tain only official documents. is legally responsible.

7. Subject to any general or particular 4. A force may import free of duty the 8. If a dispute arises as to whether a financial arrangements between the Con- equipment for the force and reasonable tortious act or omission of a member of a tracting Parties, payment in local currency quantities of provisions, supplies and other force or civilian component was done in the for goods, accommodation and services fur- goods for the exclusive use of the force and, performance of official duty or as to whether nished under paragraphs 2, 3, 4 and, if neces- in cases where such use is permitted by the the use of any vehicle of the armed services sary, 5 and 6, of this Article shall be made receiving State, its civilian component and of a sending State was unauthorised, the promptly by the authorities of the force. dependents. This duty-free importation question shall be submitted to an arbitrator 8. Neither a force, nor a civilian compo- shall be subject to the deposit, at the customs appointed in accordance with paragraph 2 nent, nor the members thereof, nor their office for the place of entry, together with (b) of this Article, whose decision on this dependents, shall by reason of this Article such customs documents as shall be agreed, point shall be final and conclusive.

enjoy any exemption from taxes or duties of a certificate in a form agreed between 9. The sending State shall not claim im relating to purchases and services charge- the receiving State and the sending State munity from the jurisdiction of the courts of able under the fiscal regulations of the re- signed by a person authorised by the sending the receiving State for members of a force ceiving State.

State for that purpose. The designation of or civilian component in respect of the civil

ARTICLE X

the person authorised to sign the certificates jurisdiction of the courts of the receiving 1. Where the legal incidence of any form

as well as specimens of the signatures and State except to the extent provided in para- of taxation in the receiving State depends

stamps to be used, shall be sent to the cusgraph 5 (g) of this Article. upon residence or domicile, periods during

toms administration of the receiving State. 10. The authorities of the sending State which a member of a force or civilian com

5. A member of a force or civilian comand of the receiving State shall co-operate ponent is in the territory of that State by

ponent may, at the time of his first arrival to in the procurement of evidence for a fair reason solely of his being a member of such

take up service in the receiving State or at hearing and disposal of claims in regard to force or civilian component shall not be con

the time of the first arrival of any dependent which the Contracting Parties are concerned. sidered as periods of residence therein, or as

to join him, import his personal effects and ARTICLE IX creating a change of residence or domicile,

furniture free of duty for the term of such

service. 1. Members of a force or of a civilian com

for the purposes of such taxation. Members ponent and their dependents may purchase of a force or civilian component shall be ex

6. Members of a force or civilian component locally goods necessary for their own conempt from taxation in the receiving State on

may import temporarily free of duty their sumption, and such services as they need, the salary and emoluments paid to them as

private motor vehicles for the personal use under the same conditions as the nationals such members by the sending State or on

of themselves and their dependents. There of the receiving State. any tangible movable property the presence

is no obligation under this Article, to grant 2. Goods which are required from local of which in the receiving State is due solely

exemption from taxes payable in respect of sources for the subsistence of a force or to their temporary presence there.

the use of roads by private vehicles. 2. Nothing in this Article shall prevent

7. Imports made by the authorities of a civilian component shall normally be purtaxation of a member of a force or civilian

force other than for the exclusive use of that chased through the authorities which pur- . chase such goods for the armed services of

force and its civilian component, and imcomponent with respect to any profitable the receiving State.

ports, other than those dealt with in paraIn order to avoid such

enterprise, other than his employment as purchases having any adverse effect on the such member, in which he may engage in

graphs 5 and 6 of this Article, effected by

members of a force or civilian component economy of the receiving State, the compe

the receiving State, and, except as regards his tent authorities of that State shall indicate, salary and emoluments and the tangible

are not, by reason of this Article, entitled when necessary, any articles the purchase

to any exemption from duty or other conmovable property referred to in paragraph

ditions. of which should be restricted or forbidden.

1, nothing in this Article shall prevent taxa3. Subject to agreements already in force tion to which, even if regarded as having his

8. Goods which have been imported dutyor which may hereafter be made between residence or domicile outside the territory of

free under paragraphs 2 (b), 4, 5 or 6 abovethe authorised representatives of the sending the receiving State, such a member is liable

(a) may be re-exported freely, provided under the law of that State.

that, in the case of goods imported under and receiving States, the authorities of the receiving State shall assume sole responsi

3. Nothing in this Article shall apply to

paragraph 4, a certificate, issued in accord

ance with that paragraph is presented to bility for making suitable arrangements to “duty” as defined in paragraph 12 of Article

the customs office: the customs authorities, make available to a force or a civilian comXI.

however, may verify that goods re-exported ponent the buildings and grounds which it

4. For the purposes of this Article the term

are as described in the certificate, if any, and requires, as well as facilities and services "member of a force” shall not include any

have in fact been imported under the conconnected therewith. These agreements and person who is a national of the receiving

ditions of paragraphs 2 (b), 4, 5 or 6 as the State. arrangements shall be, as far as possible, in

case may be; accordance with the regulations governing

ARTICLE XI

(b) shall not normally be disposed of in the accommodation and billeting of similar 1. Save as provided expressly to the con

the receiving State by way of either sale or personnel of the receiving State. In the ab- trary in this Agreement, members of a force

gift: however, in particular cases such dissence of a specific contract to the contrary, and of a civilian component as well as their

posal may be authorised on conditions imthe laws of the receiving State shall deterdependents shall be subject to the laws and

posed by the authorities concerned of the mine the rights and obligations arising out regulations administered by the customs

receiving State (for instance, on payment of of the occupation or use of the buildings, authorities of the receiving State. In par

duty and tax and compliance with the regrounds, facilities or services. ticular the customs authorities of the receiv

quirements of the controls of trade and 4. Local civilian labour requirements of a ing State shall have the right, under the

exchange). force or civilian component shall be satisfied ġeneral conditions laid down by the laws and

9. Goods purchased in the receiving State in the same way as the comparable require- regulations of the receiving State, to search

shall be exported therefrom only in accordments of the receiving State and with the members of a force or civilian component and

ance with the regulations in force in the assistance of the authorities of the receiv- their dependents and to examine their lug

receiving State. ing State through the employment exgage and vehicles, and to seize articles pur

10. Special arrangements for crossing changes. The conditions of employment and suant to such laws and regulations.

frontiers shall be granted by the customs work, in particular wages, supplementary 2.-(a) The temporary importation and the

authorities to regularly constituted units or payments and conditions for the protection re-exportation of service vehicles of a force

formations, prúvided that the customs auof workers, shall be those laid down by the or civilian component under their own thorities concerned have been duly notified legislation of the receiving State. Such power shall be authorized free of duty on

in advance. civilian workers employed by a force or presentation of a triptyque in the form

11. Special arrangements shall be made civilian component shall not be regarded for shown in the Appendix to this Agreement.

by the receiving State so that fuel, oil and any purpose as being members of that force (b) The temporary importation of such lubricants for use in service vehicles, airor civilian component.

vehicles not under their own power shall be craft and vessels of a force or civilian com5. When a force or a civilian component governed by paragraph 4 of this Article and

ponent, may be delivered free of all duties has at the place where it is stationed in- the re-exportation thereof by paragraph 8. and taxes. adequate medical or dental facilities, its (c) Service vehicles of a force or civilian 12. In paragraphs 1-10 of this Articlemembers and their dependents may receive component shall be exempt from any tax pay- “duty” means customs duties and all other medical and dental care, including hospital- able in respect of the use of vehicles on the duties and taxes payable on importation or isation, under the same conditions as com- roads.

exportation, as the case may be, except dues parable personnel of the receiving State.

3. Official documents under official seal and taxes which are no more than charges 6. The receiving State shall give the most shall not be subject to customs inspection. for services rendered; favourable consideration to requests for the Couriers, whatever their status, carrying “importation" includes withdrawal from grant to members of a force or of a civilian these documents must be in possession of an customs warehouses or continuous customs component of travelling facilities and con- individual movement order issued in accord- custody, provided that the goods concerned cessions with regard to fares. These facili- ance with paragraph 2 (b) of Article III. This have not been grown, produced or manufacties and concessions will be the subject of movement order shall show the number of tured in the receiving State.

13. The provisions of this Article shall

ARTICLE XVI apply to the goods concerned not only when

All differences between the Contracting they are imported into or exported from the

Parties relating to the interpretation or apreceiving State, but also when they are in

plication of this Agreement shall be settled transit through the territory of a Contract

by negotiation between them without reing Party, and for this purpose the expression

course to any outside jurisdiction. Except "receiving State” in this Article shall be re

where express provision is made to the congarded as including any Contracting Party trary in this Agreement, differences which through whose territory the goods are pass- cannot be settled by direct negotiation shall ing in transit.

be referred to the North Atlantic Council. ARTICLE XII

ARTICLE XVII 1. The customs or fiscal authorities of the receiving State may, as a condition of the

Any Contracting Party may at any time grant of any customs or fiscal exemption or

request the revision of any Article of this concession provided for in this Agreement, Agreement. The request shall be addressed require such conditions to be observed as

to the North Atlantic Council, they may deem necessary to prevent abuse.

ARTICLE XVIII 2. These authorities may refuse any ex

1. The present Agreement shall be ratified emption provided for by this Agreement in

and the instruments of ratification shall be respect of the importation into the receiving

deposited as soon as possible with the GovState of articles grown, produced or manu- ernment of the United States of America, factured in that State which have been ex

which shall notify each signatory State of ported therefrom without payment of, or the date of deposit thereof. upon repayment of, taxes or duties which

2. Thirty days after four signatory States would have been chargeable but for such

have deposited their instruments of ratificaexportation. Goods removed from a customs

tion the present Agreement shall come into warehouse shall be deemed to be imported if force between them. It shall come into force they were regarded as having been exported for each other signatory State thirty days by reason of being deposited in the ware

after the deposit of its instrument of ratihouse.

fication. ARTICLE XIII

3. After it has come into force, the present 1. In order to prevent offences against Agreement shall, subject to the approval of customs and fiscal laws and regulations, the the North Atlantic Council and to such conauthorities of the receiving and of the send- ditions as it may decide, be open to accession ing States shall assist each other in the con- on behalf of any State which accedes to the duct of enquiries and the collection of evi- North Atlantic Treaty. Accession shall be dence,

effected by the deposit of an instrument of 2. The authorities of a force shall render accession with the Government of the United all assistance within their power to ensure States of America, which shall notify each that articles liable to seizure by, or on behalf signatory and acceding State of the date of of, the customs or fiscal authorities of the re- deposit thereof. In respect of any State on ceiving State are handed to those authorities. behalf of which an instrument of accession

3. The authorities of a force shall render is deposited, the present Agreement shall all assistance within their power to ensure come into force thirty days after the date the payment of duties, taxes and penalties of the deposit of such instrument. payable by members of the force or civilian

ARTICLE XIX component or their dependents. 4. Service vehicles and articles belonging

1. The present Agreement may be deto a force or to its civilian component, and

nounced by any Contracting Party after the not to a member of such force or civilian

expiration of a period of four years from the component, seized by the authorities of the

date on which the Agreement comes into

force. receiving State in connection with an offence against its customs or fiscal laws or regula

2. The denunciation of the Agreement by tions shall be handed over to the appropriate

any Contracting Party shall be effected by authorities of the force concerned.

a written notification addressed by that con

tracting Party to the Government of the ARTICLE XIV

United States of America which shall notify 1. A force, & civilian component and the all the other Contracting Parties of each members thereof, as well as their dependents, such notification and the date of receipt shall remain subject to the foreign exchange thereof. regulations of the sending State and shall 3. The denunciation shall take effect one also be subject to the regulations of the year after the receipt of the notification by receiving State.

the Government of the United States of 2. The foreign exchange authorities of the America. After the expiration of this period sending and the receiving States may issue of one year, the Agreement shall cease to be special regulations applicable to a force or in force as regards the Contracting Party civilian component or the members thereof which denounces it, but shall continue in as well as to their dependents.

force for the remaining Contracting Parties. ARTICLE XV

ARTICLE XX 1. Subject to paragraph 2 of this Article, 1. Subject to the provisions of paragraphs this Agreement shall remain in force in the 2 and 3 of this Article, the present Agreement event of hostilities to which the North At- shall apply only to the metropolitan territory lantic Treaty applies, except that the pro- of a Contracting Party. visions for settling claims in paragraphs 2 2. Any State may, however, at the time of and 5 of Article VIII shall not apply to war the deposit of its instrument of ratification damage, and that the provisions of the or accession or at any time thereafter, deAgreement, and, in particular of Articles III clare by notification given to the Governand VII, shall immediately be reviewed by ment of the United States of America that the Contracting Parties concerned, who may the present Agreement shall extend (subagree to such modifications as they may con- ject, if the State making the declaration consider desirable regarding the application of siders it to be necessary, to the conclusion the Agreement between them.

of a special agreement between that State 2. In the event of such hostilities, each of and each of the sending States concerned), the Contracting Parties shall have the right, to all or any of the territories for whose inby giving 60 days' notice to the other con- ternational relations it is responsible in the tracting Parties, to suspend the application North Atlantic Treaty area. The present of any of the provisions of this Agreement so Agreement shall then extend to the territory far as it is concerned. If this right is exer- or territories named therein thirty days after cised, the Contracting Parties shall immedi- the receipt by the Government of the United ately consult with a view to agreeing on suit- States of America of the notification, or able provisions to replace the provisions thirty days after the conclusion of the spesuspended.

cial agreements if required, or when it has

come into force under Article XVIII, whichever is the later.

3. A State which has made a declaration under paragraph 2 of this Article extending the present Agreement to any territory for whose international relations it is responsible may denounce the Agreement separately in respect of that territory in accordance with the provisions of Article XIX.

In witness whereof the undersigned Plenipotentiaries have signed the present Agreement.

Done in London this nineteenth day of June, 1951, in the English and French languages, both texts being equally authoritative, in a single original which shall be deposited in the archives of the Government of the United States of America. The Government of the United States of America shall transmit certified copies thereof to all the signatory and acceding States. For the Kingdom of Belgium:

OBERT DE THIEUSIES. For Canada:

L. D. WILGRESS. For the Kingdom of Denmark:

STEENSEN-LETH. For France:

HERVÉ ALPHAND. For Iceland:

GUNNLAUGER PÉTURSSON. For Italy:

A. ROSSI-LONGHI.
For the Grand Duchy of Luxembourg:

A. CLASEN.
For the Kingdom of the Netherlands:
A. W. L. TJARDA VAN STARKENBORGH-

STACHOUWER.
For the Kingdom of Norway:

DAG BRYN. For Portugal:

R. ENNES ULRICH. The Agreement is only applicable to the territory of Continental Portugal, with the exclusion of the Adjacent

Islands and the Overseas Provinces. For the United Kingdom of Great Britain and Northern Ireland:

HERBERT MORRISON. For the United States of America:

CHARLES M. SPOFFORD. I certify that the foregoing is a true copy of the agreement between the parties to the North Atlantic Treaty regarding the status of their forces which was signed in the English and French larguages at London on June 19, 1951, the signed original of which is deposited in the archives of the Government of the United States of America.

In testimony whereof, I, Dean Acheson, Secretary of State of the United States of America, have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the authentication officer of the said department, at the City of Washington, in the District of Columbia, this seventeenth day of July 1951.

DEAN ACHESON,

Secretary of State. (SEAL) By M. P. CHAUVIN,

Authentication Officer,

Department of State.

APPENDIX
Country

Ministry or Service

TRIPTYQUE
Valid from

To
for temporary impor-

tation to
of the following sery-

ice vehicle:-
Type
Registration Number Engine Number
Spare tyres
Fixed Communication

Equipment
Name and signature of

the holder of the
triptyque

By order of
Date of issue

« PreviousContinue »