Page:United States Statutes at Large Volume 61 Part 4.djvu/840

 61 STAT.] FRANCE--MUTUAL AID SETTLEMENT-MAY 28, 1946 4189 such of the petroleum delivered by the combined military supply agencies as was derived from U. S. sources be considered as delivered undler the lend-lease agreement of February 28, 1945, rather than 59stat. 134. under Plan A. The French state that there was no Plan A target program for petroleum and that there was a substantial petroleum program under Schedule I of the lend-lease agreement, which would 59 Stat. 1309. not be met unless this claim is allowed. The U. S. side replies that in fact these deliveries were made and have been recorded as Plan A deliveries under tripartite supply arrangements under which Great Britain and Canada also have rights. In the light of a satisfactory general settlement of Plan A, France withdraws the claim. 19. North African Petroleum Stockpile - November 1942. This French claim for compensation for petroleum taken over by the U. S. military at the time of the landings in 1942 is based on the same con- tention noted under 14 above, that petroleum is not a subject of reciprocal aid by France. The U. S. position is also the same, that the U. S. cannot pay the French for this stockpile when the U. S. has since that date furnished very much larger amounts of petroleum to the French on a straight lend-lease basis. France has withdrawn the claim. U. S. CLAIMS 1. Maritime Claims (Knock-for-Knock). The United States has requested the French to enter into an agreement providing for mutual waiver of intergovernmental claims arising from maritime accidents, and for the handling by each country on a lend-lease and reverse lend-lease basis of claims asserted in its courts by its nationals against the other country. France consents to this principle. The draft of the agreement is still under consideration of both Governments. It is recommended that the agreement be completed and signed as soon as possible, and that, if this cannot be done before a general settlement, the general settlement contain a statement of intention to enter into an agreement covering the lend-lease period. 2. (a) Tort Claims. The United States has requested France to assume processing and payment of all presently unpaid claims against the United States, arising out of acts or omissions in France or French overseas territories of members of the United States Armed Forces or civilian personnel attached to such forces, including not only line- of-duty claims, but also off-duty claims of types previously handled by the United States. No claim is made with respect to such claims already paid by the United States. France agrees to assume this obligation as regards items arising from incidents prior to July 1, 1946. (b) Patents. The United States War and Navy Departments have incurred obligations for patent royalties and possible infringe- ment liabilities to French residents on United States patents used in war production, and France has been requested to assume this liability as a matter of reciprocal aid. France agrees to assume this obligation. (c) Requisitioned Property. The United States requisitioned, for use in the war program, property located in the United States and Db5470~T. ax-6

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