Page:United States Statutes at Large Volume 61 Part 3.djvu/445

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. 5. His Majesty's Government propose that the claims to which these arrangements will apply should normally be restricted to those brought by members of the public, although they might wish to include claims brought by members of His Majesty's Forces, including Dominion Forces and, in special circumstances, by members of the Allied Forces now in this country. Claims by United States nationals and members of the United States Forces would however be excluded for political reasons. 6. As I have stated, His Majesty's Government will wish to secure complete liberty of action in dealing with such claims. It is particu- larly necessary that this should be the case in determining (a) whether any claim falls within one or other of the above cate- gories, and (b) whether or not, for the purposes of these arrangements (but for no other purpose), members of the United States Forces were acting in the course of their military duties at the time of any occurrence which might give rise to a claim. Unless liberty of action is reserved on these matters, it will not be possible to secure equality as between claimants against members of His Majesty's Forces and claimants against members of the United States Forces under the proposed arrangements. In deciding this and other material questions His Majesty's Government will avail themselves of the procedure adopted for deciding similar questions in claims brought against members of His Majesty's Forces. The expenses incurred by His Majesty's Government in settling such claims, together with any sums payable by way of compensation, will be treated by them as a reciprocal aid service. Having regard to the statement in Your Excellency's note that the disposition of claims by the British authorities will be final, I assume that the United States Government will agree to the above stipulations and will accept with- out question any settlement however reached. 7. You should further be aware that it may be necessary for His Majesty's Government to reopen those claims which have not been admitted by the United States Claims Commission and in which no payment has been made. 8. I have noted with satisfaction your statement that the United States authorities would co-operate by assisting in the production of evidence and, so long as available in the United Kingdom, of parties and witnesses wherever military duties are not paramount. It will clearly be an essential condition of the proposed arrangements that the United States Army and Navy commands in this country should render to His Majesty's Government all facilities and assistance in their power to enable the appropriate agencies of His Majesty's Govern- ment to carry out the onerous task which would thereby fall upon them. I shall therefore be glad to receive from Your Excellency an assurance that these facilities and assistance will be forthcoming and that the necessary instructions will be given to all United States units to do all in their power to assist those officers of His Majesty's Gov-

�