Page:United States Statutes at Large Volume 61 Part 4.djvu/236

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. 57 Stat. 1363 . States is aware that when the agreement of April 29, 1943, was in the process of negotiation, the position of the Mexican representatives was that the workers' salaries should be exempt from such deductions because they considered that the accompanying benefits could not be administered effectively once the workers had departed from the United States. It was found, however, that because of the terms of the RailroadRetirement Act it was impossible to provide in the agree- ment for such an exemption without delaying indefinitely the entire program. "The Government of the United States recognizes that the return of these workers to their native country has made difficult the ad- ministration of the rights and benefits which the Railroad Retirement Act established in their favor. The Department, is, therefore, dis- posed to agree with Your Excellency that the funds deducted from the salaries of these Mexican workers should be returned to them. "Your Excellency will readily understand, however, that because of limitations of its constitutional procedure the Department of State cannot make, in the absence of enabling legislation, a definite com- mitment that this refund will be made. Nevertheless, the Depart- ment does recognize the desirability of making the refund and of settling this question as soon as possible, and will endeavor to obtain from the next Congress the authorization and appropriation neces- sary to pay to the Government of the United Mexican States a lump sum equal to the total of all Railroad Retirement Board deductions from the wages of these workers, less the deductions from any workers whose benefits have been previously and duly liquidated. If the necessary legislation is obtained steps will be taken to effect the refund. "It is understood that if the appropriate administrative authorities be authorized to make the refund in the manner set forth above, the Mexican Government, upon receipt of the lump sum, will undertake to make the individual payments to each of the Mexican workers concerned and will assume the responsibility for the distribution. In order to make it possible for the Mexican Government to effect the distribution, the Government of the United States would furnish Your Excellency's Government a list of the individual workers con- cerned and of the amounts contributed by each one of them to the RailroadRetirement Fund. "It is further understood that the payment of the lump sum to the Mexican Government would be on the condition: (1) that the in- dividuals involved would be barred forever from all rights and benefits which they acquired as a result of the deductions made under the RailroadRetirement Act; (2) that the Mexican Government would be precluded from presenting any claim on its own behalf or on behalf of such individuals, either for recovery of their contributions to the Railroad Retirement Fund or on the basis of the rights or benefits under the Railroad Retirement Law; (3) that the Mexican Govern- ment will indemnify the Government of the United States on account of any claims or judgments which may be made or obtained by the individual workers for a refund of their contributions to the Railroad

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