ARTICLE XIII Greater than nominal penalties will not be imposed in the United States of America or in the Republic of El Salvador upon importations of articles the growth, produce or manufacture of the other country because of errors in documentation obviously clerical in origin. The Government of each country will accord sympathetic consideration to, and when requested will afford adequate opportunity for consultation regarding, such representations as the other Government may make with respect to the operation of customs regulations, quantitative restrictions or the administration thereof, the observance of customs formalities, and the application of sanitary laws and regulations for the protection of human, animal, or plant life. ARTICLE XIV Except as otherwise provided in the second paragraph of this Article, the provisions of this Agreement relating to the treatment to be accorded by the United States of America or by the Republic of El Salvador, respectively, to the commerce of the other country, shall not apply to the Philippine Islands, the Virgin Islands, American Samoa, the Island of Guam, or to the Panama Canal Zone. Subject to the reservations set forth in the third, fourth, and fifth paragraphs of this Article, the provisions of Article X shall apply to articles the growth, produce or manufacture of any territory under the sovereignty or authority of the United States of America or of the Republic of El Salvador, imported from or exported to any territory under the sovereignty or authority of the other country. It is understood, however, that the provisions of this paragraph do not apply to the Panama Canal Zone. The advantages now accorded or which may hereafter be accorded by the United States of America or by the Republic of El Salvador to adjacent countries in order to facilitate frontier traffic, and advantages resulting from a customs union to which either the United States of America or the Republic of El Salvador may become a party, shall be excepted from the operation of this Agreement. The advantages now accorded or which may hereafter be accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another or to the Republic of Cuba shall be excepted from the operation of this Agreement. The provisions of this paragraph shall continue to apply in respect of any advantages now or hereafter accorded by the United States of America, its territories or possessions or the Panama Canal Zone to the Philippine Islands irrespective of any change in the political status of the Philippine Islands. The advantages now accorded or which may hereafter be accorded by the Republic of El Salvador to the commerce of Costa Rica, Guatemala, Honduras, Nicaragua or Panama, so long as any special treatment accorded. to the commerce of those countries or any of them by the Republic of El Salvador is not accorded to any other country, shall be excepted from the operation of this Agreement. Unless otherwise specifically provided in this Agreement, the provisions thereof shall not be construed to apply to police or sanitary regulations; and nothing in this Agreement shall be construed to prevent the adoption of measures prohibiting or restricting the exportation of gold or silver, or to prevent the adoption of such measures as either Government may see fit with respect to the control of the export or sale for export of arms, munitions, or implements of war, and, in exceptional circumstances, all other military supplies.' ARTICLE XV In the event that the Government of the United States of America or the Government of El Salvador adopts any measure which, even though it does not conflict with the terms of this Agreement, is considered by the Government of the other country to have the effect of nullifying or impairing any object of the Agreement, the Government which has adopted any such measure shall consider such representations and proposals as the other Government may make with a view to effecting a mutually satisfactory adjustment of the matter. ARTICLE XVIR Nothing in this Agreement shall be deemed to affect the rights and obligations arising out of the Treaty of Friendship, Commerce and Consular Rights signed at San Salvador on February 22, 1926.9 ARTICLE XVII The present Agreement shall come into full force on the thirtieth day following proclamation thereof by the President of the United States of America and the President of the Republic of El Salvador, or should the proclamations be issued on different days, on the thirtieth day following the date of the later in time of such proclamations, and shall remain in force for the term of three years thereafter, unless terminated pursuant to the provisions of Article VI,10 Article IX, or Article XII. The Government of each country shall notify the Government of the other country of the date of its proclamation. 19 References to art. VI terminated by agreement of June 29, 1962. Unless at least six months before the expiration of the aforesaid term of three years the Government of either country shall have given to the other Government notice of intention to terminate this Agreement upon the expiration of the aforesaid term, the Agreement shall remain in force thereafter, subject to termination under the provisions of Article VI,10 Article IX, or Article XII, until six months from such time as the Government of either country shall have given notice to the other Government. In witness whereof the respective Plenipotentiaries have signed this Agreement and have affixed their seals hereto. Done in quadruplicate: two copies in English and two in Spanish, all four authentic, at the City of San Salvador this nineteenth day of February, nineteen hundred and thirty-seven. For the President of the United States of America: For the President of the Republic of El Salvador: [SEAL] [For schedules annexed to agreement, see 50 Stat. 1571 or p. 9 of EAS 101.] DETAIL OF U.S. OFFICER AS DIRECTOR OF MILITARY SCHOOL AND ACADEMY Contract signed at San Salvador March 27, 1941; addendum dated Entered into force March 27, 1941 Modified and extended by agreement of March 25, 19431 Superseded by contract of May 21, 1943 2 55 Stat. 1305; Executive Agreement Series 214 URBINA-FRAZER CONTRACT Manuel Urbina Menjivar, Lieutenant Colonel of the Army, Superior Official of the Ministry of National Defense, duly authorized and in representation of the Supreme Government of the Republic of El Salvador, according to the Order of the Executive Power No. 160, dated the twentysixth of this month, published in the Diario Oficial No. 70, Volume 130, dated the twenty-seventh of this same month, on one part, and His Excellency Robert Frazer, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, duly authorized and in representation of his Government, on the other, agree to conclude the following contract: I The Government of the United States of America places at the disposal of the Government of El Salvador the technical and professional services of an officer of the Army of the former nation to serve as Director of the Military School and of the annexed Military Academy of El Salvador. II The Government of the United States, in accordance with the preceding clause, has designated for Director of the Military School and annexed Military Academy of this country, Lieutenant Colonel Robert L. Christian, U. S. Infantry, a position which shall be subject to the orders of only the President of the Republic and Commanding General of the Army and of the Minister 1EAS 316, post, p. 571. EAS 328, post, p. 574. of National Defense; this being without prejudice to the provisions of the respective laws and regulations. III The present contract shall come into force on the twenty-seventh day of March, nineteen hundred and forty-one, and shall continue in force for a period of two years, counted from this date, until the twenty-sixth day of March, nineteen hundred and forty-three; but if the Government of El Salvador should desire that the services of Lieutenant Colonel Christian be extended beyond the period stipulated in this same clause, it shall make a written proposal to that effect three months before the expiration of this contract. IV This contract may be terminated before the expiration of the period prescribed in the preceding clause or before the expiration of the extension thereof in the following manner: (a) By either of the contracting Governments, subject to only three months' written notice in advance; (b) By the recall of the officer by the Government of the United States in the public interest of that country, without necessity of compliance with provision (a) of this clause; and (c) At the initiative of the Government of El Salvador or of the Government of the United States of America, in case either of the two Governments finds itself involved in domestic or foreign hostilities. V Should Lieutenant Colonel Robert L. Christian become unable to perform his duties referred to in this contract by reason of continued illness or physical disability, he shall be replaced by another officer of similar qualifications. VI Lieutenant Colonel Robert L. Christian shall serve in the Army of El Salvador,3 in the position already mentioned, with the rank he holds in the United States Army, and shall wear the uniform of his rank in the United States Army, but shall have precedence over all Salvadoran officers of the same rank, enjoying in addition, during the life of this contract, the benefits which the Army of El Salvador has established for the same rank. 8 * For a declaration regarding an error in English text of para. VI, see addendum, p. 550. |