Page:United States Statutes at Large Volume 60 Part 2.djvu/440

 60 STAT.] UNITED KINGDOM-MUTUAL AID SETTLEMENT-MAR. 27,1946 during the period from September 2, 1945 to December 31, 1945, inclusive. (f) Shipping services and supplies described in part I of the P'P-l . Annex to this Agreement. (g) Petroleum products in accordance with the Agreement relating to Petroleum concluded this day (No. VI). Prs, p.17. 2. (a) The Government of the United States agrees to complete as iTAdlf of^s early as possible the transfer of articles in the lend-lease pipeline (both civilian and military), in the quantities and according to the specifica- tions and other conditions, except as to time of delivery, set forth in the requisitions or comparable documents submitted by the Govern- ment of the United Kingdom, to the extent that such articles are or will be available to the Government of the United States for transfer to the Government of the United Kingdom and subject to the con- ditions set forth in this Agreement. The Government of the United States may, however, in exceptional cases, decline to complete the transfer of articles in the lend-lease pipeline, when it determines that such transfer would be contrary to its national interests. The Government of the United Kingdom agrees to accept the transfer of articles in the lend-lease pipeline (both civilian and military) and to settle for such articles under the offsetting arrangement. The Government of the United Kingdom may, however, in exceptional cases, decline to accept articles which it has designated for transfer, but agrees in that event to settle under the offsetting arrangement for the costs (including costs of contract cancellations) incurred by the Government of the United States in connection with such articles, less the value of such articles to the Government of the United States or the proceeds realized from their disposal. (b) Unless otherwise provided by mutual agreement, transfer of articles in the lend-lease pipeline shall be deemed to have taken place immediately upon loading of the articles on board ocean vessel in a United States port, or on board aircraft preparatory to flight from the United States, and title to such articles shall pass at the time of such loading; provided that risk of loss not recoverable from the sup- plier, carrier or other third party shall be assumed by the Government of the United Kingdom (i) with respect to articles specifically contracted for under United Kingdom requisitions, upon shipment from the factory or other premises of the supplier; (ii) with respect to articles covered by paragraph 1(b) of this section, upon delivery f. a. s.; and (iii) with respect to all other articles, upon shipment from warehouse or United States Government depot. Any articles that shall not have been transferred as provided in this paragraph prior to midnight on December 31, 1946 or 6 months after receipt by the Government of the United Kingdom of notice of availability, whichever is later, shall be deemed to have been trans- ferred as of such later date. Am 3. The amount which the Government of the United Kingdom tobetma nitd agrees to pay by means of the offsetting arrangement for articles and Kinhm. 1529

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