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MILITARY MISSION

Exchange of notes at Washington July 8 and 12, August 23, and September 21, 1948, amending and extending agreement of June 29,

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I have the honor to inform Your Excellency that the Chancellery of Ecuador has notified me that it has sent note No. 107-DDP, dated June 29 last, to the Embassy of the United States at Quito, requesting it to take the necessary steps for the extension of the Agreement on the Establishment of a United States Military Mission to Ecuador, which Agreement was signed at Washington on June 29, 19441 by the authorized representatives of the Governments of Ecuador and of this country.

The Ecuadorean Chancellery adds that the American diplomatic representative has informed him, in reply to the note in reference, that your Department would prefer to carry on in this city the negotiations concerning the extension and amendment of the aforesaid Agreement.

In the event that such is still the desire of the Department of State, I beg Your Excellency to be good enough to let me know your decision with regard to such extension, with the following changes proposed by my Government:

1. That the following clause be added to Article 4:

"(c) Upon the request of the Government of Ecuador for the withdrawal of all the personnel of the Mission in the public interest of Ecuador, without its being necessary to comply with clause (a) of this Article."

2. That Article 7 read:

"Article 7. The personnel of the Mission shall perform all such tasks of professional collaboration as may be set by the Ministry of National Defense, in consultation with the Chief of Staff of the Armed Forces."

1EAS 408, ante, p. 391.

3. That Article 9 shall read:

"Article 9. Each member of the Mission shall serve with the Mission with the rank that he holds in the United States Army and shall wear the uniform of his rank in the United States Army."

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration.

A. DILLON Ambassador of Ecuador

His Excellency

GEORGE C. MARSHALL

Secretary of State

Washington, D.C.

The Ecuadorean Ambassador to the Secretary of State

[TRANSLATION]

EMBASSY OF ECUADOR

WASHINGTON

No. 177

The Ambassador of Ecuador presents his compliments to His Excellency the Secretary of State and has the honor to refer to his note No. 175 of the 8th instant to inform him that the Government of Ecuador, at the request of the Minister of Defense, correcting the tenor of the fifth paragraph of the aforesaid note, would like to have Article 7 of the Agreement of June 29, 1944 on the Establishment of a United States Military Mission in Ecuador amended as follows for the purposes of the extension of the Agreement in question:

"Article 7. The personnel of the Mission shall perform all such tasks of professional collaboration as may be set by the Ministry of National Defense."

WASHINGTON, D.C.

July 12, 1948.

The Secretary of State to the Ecuadorean Ambassador

DEPARTMENT OF STATE

EXCELLENCY:

WASHINGTON
Aug 23 1948

I have the honor to acknowledge the receipt of your notes Nos. 175 and 177, of July 8 and July 12, 1948, respectively, requesting on behalf of your Government the renewal, with modification, for a period of four years, of the agreement entered into on June 29, 1944, between the Government of

the United States of America and the Republic of Ecuador, providing for the assignment of a United States Military Mission to Ecuador.

I am pleased to inform you that the proposed changes are acceptable to this Government with the exception of the proposed change in Title III, Article 7. The Department of the Army is of the opinion that the deletion of reference to the Chief of the Mission in the determination of mission duties. is not in the best interests of the Mission.

In the event that the above proposal is acceptable to your Government, I shall consider this note and your response to that effect as completing the agreement between the two governments for the renewal of the agreement of June 29, 1944.

Accept, Excellency, the renewed assurances of my highest consideration. For the Secretary of State: CHARLES E. BOHLEN

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I have the honor to refer to Your Excellency's courteous note of August 23rd last, in regard to the extension of the Agreement of June 29, 1944 between the Government of Ecuador and that of this country, to inform you that my country accepts the proposal contained in the said note, it being understood that, in accordance with the suggestion contained therein, this acceptance formally extends the said Agreement for a period of four years, with the modifications set forth in the official communications of July 8 and 12 addressed by this Embassy to your Department, with the exception of the modification relative to Article 7 of Title III, the text of which shall be the same as that of the original Agreement.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration.

A. DILLON Ambassador of Ecuador

His Excellency

GEORGE MARSHALL

Secretary of State

Washington, D.C.

NAVAL MISSION

Exchange of notes at Washington January 27 and February 4, 1949, amending and extending agreement of December 12, 1940, as amended and extended

Entered into force February 4, 1949; operative from December 12,

1948

63 Stat. 2547; Treaties and Other International Acts Series 1944

The Secretary of State to the Ecuadorean Ambassador

DEPARTMENT OF STATE

WASHINGTON

Jan 27 1949

EXCELLENCY:

I have the honor to acknowledge the receipt of your note No. 284 of November 29, 1948 requesting the renewal of the Agreement entered into on December 12, 1940,1 modified by an additional article on April 30, 1941 to run concurrently with the Agreement and renewed on two occasions for a period of two years each by an exchange of notes dated July 27 and August 22, 19443 and June 17 and December 11, 1946,3 respectively, between the Governments of the United States of America and the Republic of Ecuador providing for a United States Naval Mission to Ecuador.

In your note of November 29 it was indicated that the Government of Ecuador desires to renew this agreement for a period of two years, the renewal to commence on the termination of the present agreement on December 12, 1948. It was also proposed that Article 4 contain the following subparagraph:

"(a) Upon request by the Government of Ecuador for the withdrawal of all personnel of the Mission, in the public interest of Ecuador, without the necessity of complying with subparagraph (a) of this Article.”

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and that Article 9 be amended to read as follows:

"Article 9. Each member of the Mission shall discharge his duties in the Mission with the rank which he holds in the United States Navy, and shall wear the uniform of his rank in the United States Navy."

The above-mentioned proposals were transmitted to the Department of the Navy and a reply has been received indicating that while that Department would be glad to extend the Naval Mission Agreement for the suggested period of two years, it would not be possible to include the abovequoted amendments. On the other hand, the Department of the Navy has requested that the additional Article signed on April 30, 1941 to the basic agreement of December 12, 1940 for the assignment of a United States. Naval Mission to Ecuador be amended to read as follows:

"Each member of the Mission and his family shall be furnished by the Government of the Republic of Ecuador 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 Ecuador, both for the outward and for the return voyage. The Government of the Republic of Ecuador 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 Ecuador, as well as all expenses incidental to the transportation of such household. effects, baggage and automobile from Ecuador 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 Defense of the Republic of Ecuador, shall not be required under this Agreement, but shall be determined by negotiations between the Department of the Navy of the United States of America and the authorized representative of the Ministry of Defense of the Republic of Ecuador in Washington at such time as the detail of personnel for such temporary duty may be agreed upon.”

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In the event that the above proposal is acceptable to your Government, I shall consider this note and your response to that effect as completing the

For an amendment in the payment and benefit procedures under the additional article, as amended, see agreement of Feb. 25 and May 22, 1959 (10 UST 1095; TIAS 4249).

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