Page:United States Statutes at Large Volume 60 Part 2.djvu/667

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [60 STAT. leaseartilestoathird (f) The Government of India will not, without prior consent of country. the Government of the United States, or except as specifically provided in this Agreement, transfer lend-lease articles in the possession of the armed forces under command of the Commander-in-Chief India, to any other government outside India for military use, or dispose of such articles for civilian use outside India, whether by sale, loan or otherwise, but such articles may be transferred, used or disposed of in India without restriction. Transfers made under provisions of this paragraph will be made only for purposes compatible with the principles of international security and welfare set forth in the Charter 59 Stat. 1031. of the United Nations. Retransfer of sur- plus United King- (g) Those articles in the United Kingdom military holdings in dommilitayholdings India which have been or may be declared by the Government of the United Kingdom as surplus to its requirements are to be retransferred for civilian use in India to the Government of India, and the Govern- ment of the United States, in consideration of the mutual undertakings described in this Agreement, hereby consents to the retransfer to the Government of India of such articles for civilian use in India; and the Government of India, may, without restriction, use in India, or dis- pose of for use in India, any such articles, without giving rise to any liability to the Government of the United States. It is recognized by the Government of the United States that the estimates provided by the Government of India of the types and quantities of the articles covered by this paragraph represent an indication of the order of the quantities involved which, although providing a fair measure of the overall amount covered, will be subject to variations as to particular items and quantities. Settlement and pay 6. (a) The Government of India hereby assumes responsibility for ment of claims. the settlement and payment of claims against the Government of the United States or members of the United States armed forces, arising from acts or omissions occurring before June 1, 1946, in the course of military duties of members of the United States armed forces in India to the same extent as the Government of India assumed responsibility under reciprocal aid prior to September 2, 1945. Financial claims fsing out of eisting (b) Except as provided in this Agreement, financial claims be- arrangements. tween the two Governments arising out of existing arrangements, where the liability for payment has heretofore been acknowledged and the method of computation mutually agreed, are not covered by this settlement as they will be settled in accordance with such arrange- ments. (c) Notwithstanding any other provisions of this Agreement, the following claims will be settled in accordance with procedures already established or to be established after appropriate discussion: (i) Claims arising out of cash reimbursement lend-lease requi- sitions filed by the Government of India, and (ii) claims arising out of lend-lease requisitions for locomotives and rolling stock in which the Government of India agreed to pay for the postwar use of such equipment. 1756

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