NAVAL MISSION Agreement signed at Washington January 25, 1943 Expired January 25, 1947 57 Stat. 910; Executive Agreement Series 312 Agreement Between the GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE DOMINICAN REPUBLIC In conformity with the request of the Government of the Dominican Republic to the Government of the United States of America, the President of the United States of America has authorized the appointment of officers and enlisted men to constitute a Naval Mission to the Dominican Republic under the conditions specified below: TITLE I Purpose and Duration ARTICLE 1. The purpose of this Mission is to cooperate with the Ministry of War and Marine of the Dominican Republic with the object of increasing and perfecting the efficiency of the Dominican Coast Guard and Dominican Aviation and in the various subjects correlated with both. ARTICLE 2. This Mission shall continue for a period of four years from the date of the signing of this Agreement by the accredited representatives of the Government of the United States of America and the Government of the Dominican Republic, unless previously terminated or extended as hereinafter provided. Any member of the Mission may be recalled by the Government of the United States of America after the expiration of two years of service, in which case another member shall be furnished to replace him. ARTICLE 3. If the Government of the Dominican Republic should desire that the services of the Mission be extended beyond the stipulated period, it shall make a written proposal to that effect six months before the expiration of this Agreement. ARTICLE 4. This Agreement may be terminated before the expiration of the period of four years prescribed in Article 2, or before the expiration of the extension authorized in Article 3, in the following manner: (a) By either of the Governments, subject to three months' written notice to the other Government; (b) By the recall of the entire personnel of the Mission by the Government of the United States of America in the public interest of the United States of America, without necessity of compliance with provision (a) of this Article. ARTICLE 5. This Agreement is subject to cancellation upon the initiative of either the Government of the United States of America or the Government of the Dominican Republic at any time during a period when either Government is involved in domestic or foreign hostilities. TITLE II Composition and Personnel ARTICLE 6. This Mission shall consist of such personnel of the United States Navy as may be agreed upon by the Ministry of War and Marine of the Dominican Republic through its authorized representative in Washington and by the Navy Department of the United States of America. TITLE III Duties, Rank and Precedence ARTICLE 7. The personnel of the Mission shall perform such duties as may be agreed upon between the Ministry of War and Marine of the Dominican Republic and the Chief of the Mission. ARTICLE 8. The members of the Mission shall be responsible solely to the Ministry of War and Marine of the Dominican Republic, through the Chief of the Mission. ARTICLE 9. Each member of the Mission shall serve on the Mission with the rank he holds in the United States Navy, and wear the uniform thereof, but shall take precedence over all Dominican Republic officers of the same rank. ARTICLE 10. Each member of the Mission shall be entitled to all the benefits and privileges which the regulations for the Dominican Armed Forces provide for Dominican officers and subordinate personnel of corresponding rank. ARTICLE 11. The personnel of the Mission shall be governed by the disciplinary regulations of the United States Navy. TITLE IV Compensation and Perquisites ARTICLE 12. Members of the Mission shall receive from the Government of the Dominican Republic such net annual compensation expressed in United States currency as may be agreed upon between the Government of the United States of America and the Government of the Dominican Republic for each member. This compensation shall be paid in twelve (12) equal monthly installments, each due and payable on the last day of the month. The compensation shall not be subject to any tax, now or hereafter in effect, of the Government of the Dominican Republic or of any of its. political or administrative subdivisions. Should there, however, at present or while this Agreement is in effect, be any taxes that might affect this compensation, such taxes shall be borne by the Ministry of War and Marine of the Dominican Republic in order to comply with the provision of this Article that the compensation agreed upon shall be net. ARTICLE 13. The compensation agreed upon as indicated in the preceding Article shall commence upon the date of departure from the United States of America of each member of the Mission, and, except as otherwise expressly provided in this Agreement, shall continue, following the termination of duty with the Mission, for the return voyage to the United States of America and thereafter for the period of any accumulated leave which may be due. ARTICLE 14. The compensation due for the period of the return trip and accumulated leave shall be paid to a detached member of the Mission before his departure from the Dominican Republic, and such payment shall be computed for travel by the shortest usually traveled route to the port of entry in the United States of America, regardless of the route and method of travel used by the member of the Mission. ARTICLE 15. Each member of the Mission and his family shall be furnished by the Government of the Dominican Republic with first-class accommodations for travel, via the shortest usually traveled route, required and performed under this Agreement, between the port of embarkation in the United States of America and his official residence in the Dominican Republic, both for the outward and for the return voyage. The Government of the Dominican Republic shall also pay all expenses of shipment of household effects, baggage and automobile of each member of the Mission between the port of embarkation in the United States of America and his official residence in the Dominican Republic as well as all expenses incidental to the transportation of such household effects, baggage and automobile from the Dominican Republic to the port of entry in the United States of America. Transportation of such household effects, baggage and automobile shall be effected in one shipment, and all subsequent shipments shall be at the expense of the respective members of the Mission except as otherwise provided in this Agreement, or when such shipments are necessitated by circumstances beyond their control. Payment of expenses for the transportation of families, household effects and automobiles, in the case of personnel who may join the Mission for temporary duty at the request of the Ministry of War and Marine of the Dominican Republic, shall not be required under this Agreement, but shall be determined by negotiations between the Navy Department of the United States of America and the authorized representative of the Ministry of War and Marine of the Dominican Republic in Washington at such time as the detail of personnel for such temporary duty may be agreed upon. ARTICLE 16. The Government of the Dominican Republic shall grant, upon request of the Chief of the Mission, exemption from customs duties on articles imported by the members of the Mission for their personal use and for the use of members of their families. ARTICLE 17. Compensation for transportation and traveling expenses in the Dominican Republic on official business of the Government of the Dominican Republic shall be provided by the Government of the Dominican Republic in accordance with the provisions of Article 10. ARTICLE 18. The Government of the Dominican Republic shall provide the Chief of the Mission with a suitable automobile with chauffeur, for use on official business. Suitable motor transportation with chauffeur, and when necessary an airplane, or a launch, properly equipped, shall on call be made available by the Government of the Dominican Republic for use by the members of the Mission for the conduct of the official business of the Mission. ARTICLE 19. The Government of the Dominican Republic shall provide suitable office space and facilities for the use of the members of the Mission. ARTICLE 20. If any member of the Mission, or any of his family, should die in the Dominican Republic, the Government of the Dominican Republic shall have the body transported to such place in the United States of America as the surviving members of the family may decide, but the cost to the Government of the Dominican Republic shall not exceed the cost of transporting the remains from the place of decease to New York City. Should the deceased be a member of the Mission, his services with the Mission shall be considered to have terminated fifteen (15) days after his death. Return transportation to the port of embarkation for the family of the deceased member and for their baggage, household effects and automobile shall be provided as prescribed in Article 15. All compensation due the deceased member, including salary for fifteen (15) days subsequent to his death, and reimbursement for expenses and transportation due the deceased member for travel performed on official business of the Dominican Republic, shall be paid to the widow of the deceased member or to any other person who may have been designated in writing by the deceased while serving under the terms of this Agreement; but such widow or other person shall not be compensated for accrued leave due and not taken by the deceased. All compensations due the widow, or other person designated by the deceased, under the provisions of this Article, shall be paid within fifteen (15) days of the decease of the said member. |