Page:United States Statutes at Large Volume 61 Part 3.djvu/723

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. FebruaryPland28,1947 Agreement between the United States of America and the United Kingdom [T. I. A.. 1635] of Great Britainand Northern Ireland respecting intergovernmental claims, interpreting the agreement of March 27, 1946. Effected by exchange of notes signed at Washington February 19 and 28, 1947; entered into force February28, 1947. The Secretary of State to the British Ambassador DEPARTMENT OF STATE WASHINGTON Feb 19, 1947 EXCELLENCY: I have the honor to refer to the "Agreement on Settlement of Intergovernmental Claims", which was one of the specific Agreements between the British Government and the United States Government signed on March 27, 1946, pursuant to the Joint Statement of Decem- s60tat. 1525, 164 . ber 6, 1945, Regarding Settlement for Lend-Lease, Reciprocal Aid, 60 stat. 153. Surplus War Property, and Claims. Paragraph 6 of the Agreement provides "that all financial claims whatsoever of one Government against the other which (a) arose out of lend-lease or reciprocal aid, or (b) otherwise arose on or after September 3, 1939 and prior to Sep- tember 2, 1945 out of or incidental to the conduct of World War II, and which are not otherwise dealt with in the Agreements concluded this day, are hereby waived, and neither Government will hereafter raise or pursue any such claims against the other." Espoused claims. A question has been raised as to whether the expression "all finan- cial claims whatsoever of one Government against the other which (a) arose out of lend-lease or reciprocal aid, or (b) otherwise arose on or after September 3, 1939 and prior to September 2, 1945 out of or incidental to the conduct of World War II" is properly interpreted as applying to claims submitted in accordance with the practice whereby one government espouses a claim of one of its nationals and presents it through diplomatic channels to another government. After consideration of the general purposes of the waiver of claims provision and of the discussions leading to the adoption of that pro- vision, the Department has concluded that the proper interpretation of the Agreement is that such espoused claims are not properly in- cluded among the financial claims covered by the Agreement. I would appreciate being advised whether your Government concurs in this interpretation. Accept, Excellency, the renewed assurances of my highest con- sideration. For the Secretary of State: DEAN ACHESON His Excellency The Right Honorable THE LORD INVERCHAPEL, P.C ., G.C .M.G., British Ambassador. 3012

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