MILITARY OBLIGATIONS OF CERTAIN PERSONS

HAVING DUAL NATIONALITY

Exchange of notes at Paris February 25, 1948

Entered into force February 25, 1948

Superseded by agreement of December 22, 1948 1

62 Stat. 1950; Treaties and Other International Acts Series 1756

The American Ambassador to the Minister of Foreign Affairs

No. 125

EXCELLENCY:

I have the honor to inform you that the Government of the United States of America, desirous of resolving the difficulties which those persons who are nationals of both countries encounter as a result of their military obligations in our two countries, considers that it would be both desirable and opportune to conclude an agreement in the following terms:

1. It will be considered that citizens of the United States of America who are also French citizens have fulfilled their military obligations in France during the war of 1939-1945 if they have fulfilled the same obligations in the armed forces of the United States and can prove the fact by an official document from the United States authorities.

2. It will be considered that French citizens who are also citizens of the United States of America have fulfilled their military obligations to the United States during the war of 1939-1945 if they have fulfilled the same obligations in the French armed forces and can prove the fact by an official document from the French authorities.

3. Interested persons will be granted a period of two years from the date on which this agreement is concluded in which they may clarify their status by the production of the above-mentioned documents.

4. Each of the two governments will deliver to the citizens of the other government who have volunteered in its armed forces during the war of 1939–1945 a certificate designed to permit them to clarify their status in regard to their country.

1TIAS 1876, post, p. 1294.

5. The conditions under which any service rendered in the national interest during the war of 1939-1945 can be considered military service will be left to the joint decision of the two governments. A certificate specifying the nature of the services rendered will be delivered to the interested party when the question arises by the means provided in the preceding paragraphs.

6. The provisions of this present agreement in no way affect the legal position of interested parties in the matter of nationality.

7. The present agreement will become effective immediately, and will remain in effect until the expiration of the period of two years mentioned in paragraph 3.

If these proposals are agreeable to the French Government, this note and Your Excellency's reply to it will constitute the agreement between the two governments on this question.

Please accept, Excellency, the assurances of my highest and most distinguished consideration.

I have the honor to inform you that the French Government, desirous of resolving the difficulties which those of our respective nationals who possess also the nationality of the other country encounter as a result of their military obligations in our two countries, considers it desirable and opportune to conclude an agreement on the following bases:

1. Nationals of the United States of America who also possess French nationality will be considered as having fulfilled their military obligations in France during the war of 1939-1945 if they have fulfilled the same obligations in the American armed forces and prove the fact by production of an official document from the American authorities.

2. French nationals who also possess American nationality will be considered as having fulfilled their military obligations to the United States during the war of 1939-1945 if they have fulfilled the same obligations in the French armed forces and prove the fact by production of an official document from the French authorities.

3. Interested persons will be granted a period of two years from the date on which this agreement becomes effective in order that they may regularize their status by the production of the above-mentioned certificate.

4. Each of the two governments will deliver to the nationals of the other government who have voluntarily enrolled in its armed forces during the war of 1939-1945 an official attestation designed to permit them to regularize their status in regard to their country.

5. The conditions under which any service rendered in the national interest during the war of 1939-1945 can be considered military service will be left to the joint estimation of the two governments. A certificate specifying the nature of the service rendered will be delivered to the interested party when the question arises, by the means provided in the preceding articles.

6. The provisions of the present agreement in no way affect the legal position of the interested parties in the matter of nationality.

7. The present agreement will become effective immediately, and will remain in effect until the expiration of the period of two years mentioned in article 3.

The present note and Your Excellency's reply, in the case where these proposals would have the agreement of the Government of the United States, will constitute the agreement between the two governments on the question. Please accept, Mr. Ambassador, the assurances of my very high consideration.

PARIS, February 25, 1948

His Excellency

The Honorable JEFFERSON CAFFERY

Ambassador of the United States of America

Paris.

G. BIDAULT

LEND-LEASE SETTLEMENT

Exchange of notes at Washington February 27, 1948, implementing

agreement of May 28, 1946

Entered into force February 27, 1948

62 Stat. 3826; Treaties and Other International Acts Series 1930

The Secretary of State to the French Ambassador

DEPARTMENT OF STATE

WASHINGTON

February 27, 1948

EXCELLENCY:

I have the honor to refer to the recent conversations between representatives of the Government of the United States of America and representatives of the Government of the French Republic, regarding expenditures of the United States Armed Forces in France and French overseas territories, and to state that the Government of the United States of America is prepared to give effect to an agreement in the following terms:

1

1. Reference is made to the "Declaration made in Paris by the President of the Provisional Government of the French Republic and in Washington. by the President of the United States on May 28, 1946", which stated that representatives of the respective governments had met together in Washington and had discussed important economic and financial problems of common interest, among which was the settlement of lend-lease, reciprocal aid and other accounts.

2. By a "Memorandum of Understanding dated May 28, 1946, between the Government of the United States of America and the Provisional. Government of the French Republic Regarding Settlement for Lend-Lease, Reciprocal Aid, Surplus Property, and Claims”, arrangements and procedures for the settlement of past and future troop pay and procurement of United States Armed Forces in France and French overseas territories were agreed upon. These arrangements were incorporated in a "Joint United

States-French Report of the Troop Pay and United States Armed Forces Procurement Sub-Committee"," and a "Memorandum of Agreement Between the Government of the United States and the Provisional Government of the French Republic Regarding Expenditures of the United States Armed Forces in French Territory".*

3. The aforementioned report contained an estimate with respect to obligations of the United States Armed Forces for procurement through the French authorities (AFA) from September 2, 1945 through December 25, 1945 in the amount of $100 million. In addition, the report contained an estimate of United States Army procurement in France from December 26, 1945 through March 31, 1946 in the amount of $20 million.

4. By the "Memorandum of Agreement Between the Government of the United States of America and the Provisional Government of the French Republic Regarding Expenditures of United States Armed Forces in France and French Overseas Territories", it was agreed that goods and services procured by the United States Armed Forces before the termination of reciprocal aid, when ineligible, and after the termination of reciprocal aid, would be paid for on the basis of the French authorities' presentation of appropriate documents in a form acceptable to the United States Armed Forces as has been, or may be, agreed upon between the United States Armed Forces and the French authorities.

5. In accordance with the arrangements made on May 28, 1946, appropriate vouchers and certifications by the French Government, acceptable to the United States, have been presented for payment by the United States Armed Forces. These vouchers, upon which payment has already been made, are summarized as follows:

6. In accordance with an exchange of letters in October 1947 between Major General C. B. Magruder, United States Army, and Mr. Robert Schuman, French Minister of Finance, the French authorities presented, on January 31, 1948, to the Department of the Army, a recapitulation of all claims for goods and services procured for or by the United States Armed Forces before the termination of reciprocal aid, when ineligible, as well as for the period September 2, 1945 through December 31, 1946, totaling $241,191,887. Of this amount, it is recognized that $2,889,616 covers procurement effected subsequent to December 31, 1946. This latter amount is outside TIAS 1928, ante, p. 1146.

TIAS 1928, ante, p. 1153.