Page:United States Statutes at Large Volume 60 Part 2.djvu/621

 1710 Diversion of lend- lease articles. Diversion of recip- rocal aid articles. Settlement and pay- ment of clais. Financial claims. 59 Stat. 1409. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [60 STAT. time to time to exercise this right of recapture, each Government will give reasonable notice of its intention and will provide full opportu- nity to the other Government for discussion of that Government's need for the articles in question, without limiting the right of recapture. (b) The Commonwealth of Australia may, without restriction, divert any lend-lease articles now held by the armed forces of the Commonwealth of Australia to any uses in or outside Australia, but will not transfer, without the prior consent of the Government of the United States and without payment of any proceeds to the Govern- ment of the United States, any lend-lease articles held by the armed forces of the Commonwealth of Australia in the categories of arms, ammunition and other lethal weapons, to any third country. (c) The Government of the United States may, without restric- tion, divert any reciprocal aid articles now held by the armed forces of the Government of the United States to any uses in or outside the United States, but will not transfer, without the prior consent of the Commonwealth of Australia and without payment of any proceeds to the Commonwealth of Australia, any reciprocal aid articles held by the armed forces of the Government of the United States in the categories of arms, ammunition and other lethal weapons, to any third country. 7. (a) The Commonwealth of Australia hereby assumes respon- sibility for the settlement and payment of all claims against the Gov- ernment of the United States or members of the United States armed forces, arising from acts or omissions occurring before June 30, 1946, in the course of military duties of members of the armed forces of the Government of the United States in Australia. (b) Financial claims between the two Governments where the liability for payment has heretofore been acknowledged, and the method of computation mutually agreed, are not covered by this set- tlement as they will be settled in accordance with such arrangements; the following are examples of such claims, which will be dealt with in accordance with procedures already established or to be established after appropriate discussion: (i) claims arising out of cash reimbursement lend-lease requisitions filed by the Commonwealth of Australia; (ii) claims covered by the "Memorandum Concerning Dis- position of and Payment for Cargoes Carried on Twelve Dutch Ships Diverted to Australia" [1] and "Memo- randum Concerning Disposition of and Payment for Cargoes Carried on Certain United States Ships Diverted to Australia", P[] both dated December 20, 1944; (iii) obligations or claims arising out of the "Knock-for- Knock" Agreement of March 8, 1945, covering the mu- tual waiver of, and legal aid in connection with, mari- time claims; '[Not printed.]

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