Page:United States Statutes at Large Volume 61 Part 3.djvu/449

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. (a) to ensure prompt reference of cases, together with the material information, reports and statements of witnesses to the British Claims Commission; (b) to ensure that all information as to the cost of repairs and damage sustained by United States vehicles is provided in due time; (c) to secure the attendance of witnesses at the offices of the Treasury Solicitor or his agents and at Court where such attendance is practicable; (d) generally to give any assistance which the British Claims Commission may require in order to enable them to deal with any particular claim. Witnesses, docu- 9. The British Claims Commission will use their best endeavours to avoid any interference with the military duties of any witness or defendant in the United States Armed Forces, but the United States authorities will use their best endeavours to provide these witnesses and any other essential parties in this country where this is practicable, having regard to military exigencies. The United States authorities will make available to the British Claims Commission and the Treas- ury Solicitor all relevant documents, for example, copies of proceed- ings of United States Courts of Enquiry and Courts Martial. correspondence. 10. The United States will give instructions to all their Service authorities not to enter into any correspondence with claimants or their solicitors apart from the formal acknowledgments of letters. Any correspondence should be immediately passed on through the liaison officer, to the appropriate British Claims Officer. ovestrnmentclaims, 11. (i) Neither Government shall make any claim against the Po, p. 2878. other in respect of any property loss or damage, or in respect of any expenses or charges incurred as a result of the death of or injury to their personnel arising out of an accident in which only personnel and equipment of the respective Governments are concerned. This arrange- ment shall be retroactive in respect of any claims now outstanding. Third party claims. (ii) The cost of settling claims made by a third party as a result of an accident involving both His Majesty's Government and a United States Government vehicle shall, irrespective of the question of respon- sibility, be borne in equal shares provided- (a) that so far as the driver of His Majesty's Government's vehicle is concerned the claim is one for which His Majesty's Government would assume responsibility in the circumstances, and, (b) that so far as the driver of the United States Government vehicle is concerned the claim falls within one of the categories covered by the arrangement referred to above. Where third party claims fall to be shared equally between the two Governments under the arrange- ment half of the cost of settling such claims would be treated as Reciprocal Aid. ooerationofu.s. 12. The United States Service authorities in the United Kingdom will co-operate to the fullest extent to carry out the above-stated conditions and arrangements and appropriate instructions will be given to the various United States Service authorities concerned. 2734

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