3. Standard Packs put up by United States voluntary nonprofit relief agencies, or their agents, qualified under ECA regulations, for the account of persons residing in the United States and addressed to individuals residing in Metropolitan France. ARTICLE II CONTENTS OF DUTY-FREE SHIPMENTS 1. Relief Packages and Standard Packs, as referred to in Article I, shall contain only non-perishable food; clothing and shoes for every day use; clothes-making and shoe-making materials; mailable medical and health supplies the admission of which is permitted under French regulations and household supplies and utensils; expressly excluding (c) luxury clothing; hides, furs, textiles of silk or nylon, gloves or other articles of like nature and, furthermore, any goods which are not qualified for ocean freight subsidy under the ECA act and regulations issued by the Administrator thereunder. Such Relief Packages and Standard Packs shall not exceed, in any case, 44 lbs. in weight and shall be intended only for the personal use of the addressee and his immediate family. 2. Relief Goods, as referred to in paragraph 1 of Article I, may include products and articles permitted in Relief Packages and Standard Packs and also, upon special authorization of the French Customs Administration at the request of the charitable organizations (including French branches of United States voluntary nonprofit relief agencies) to which such goods are consigned, may include any product or article which is not expressly specified in sub-paragraphs (a), (b), and (c) of paragraph 1 above. ARTICLE III FURTHER PROVISIONS REGARDING DUTY-FREE ENTRY 1. The French Government may limit the quantities of any product or article which may be included in any Relief Package or Standard Pack and the number of Relief Packages or Standard Packs which any one addressee may receive free of duty in any month. Relief Packages and Standard Packs containing quantities of any product or article in excess of such limitations or those for any one addressee in excess of the maximum monthly number or quantity so prescribed will not be entitled to duty-free entry. The French Government will give reasonable notice to the ECA Special Mission to France of any such proposed limitations. 62 Stat. 137. 2. Relief Packages, as referred to in paragraph 2 of Article I, must be accompanied by detailed description of contents and declaration of value and shall be labelled "U.S.A. Gift Parcel." 3. Recipients of Relief Packages and Standard Packs must be able to furnish proof, at the request of the French Customs Administration, that no person residing in France has directly or indirectly made payment therefor in France or abroad. 4. The French Customs Administration may exclude from the benefit of the agreement all Relief Packages forwarded by commercial firms which accept unlawful settlement in payment therefor or which, in France, advertise or take other steps to obtain orders for Relief Packages to be paid for by French addressees. ARTICLE IV REIMBURSEMENT OF TRANSPORTATION COSTS Costs of transportation in Metropolitan France (as defined in Paragraph 5 of Article IV of the Economic Cooperation Agreement) of shipments which are accorded duty-free entry in accordance with the above provisions will be reimbursed under the following conditions: 1. The cost of transportation of packages sent by United States parcel post will be computed by the French Postal Administration in conformity with the agreements, rules and regulations of the International Postal System in effect at the time of forwarding. Such costs will be reimbursed to the French Postal Administration out of the special account provided for in Article IV of the Economic Cooperation Agreement (hereinafter referred to as the Special Account) and no claim for such costs will be made against the United States Government. 2. The cost of transportation of Relief Goods and Standard Packs despatched from the United States by any normal commercial channel and forwarded in France to the final addressee by an agent (approved by the shipper and by the French Government) by means of a French public or contract carrier or by other means of transport arranged by such agent will be reimbursed to such agent by the French Government out of the Special Account upon presentation of adequate documentation. 3. The cost of transportation of Relief Goods and Standard Packs as referred to in paragraph 1 of Article I despatched from a country other than the United States by any normal commercial channel and forwarded in France to the final addressee by an agent (approved by the shipper and by the French Government) by means of a French public or contract carrier (other than the French Postal Administration) or by other means of transport arranged by such agent will be reimbursed to such agent by the French Government out of the Special Account upon presentation of adequate documentation. 4. If, in the case of any such shipments as are referred to in paragraphs 2 and 3 next preceding, the carrier, by arrangement with the shipper or such agent, has forwarded such shipments without requiring payment of the cost of transportation, the French Government will reimburse the carrier for the cost thereof out of the Special Account upon presentation of adequate documentation, including verification by such agent. ARTICLE V AUDITING OF REIMBURSEMENTS The French Government, when reimbursements provided for in Article IV have been made, will submit to the ECA Special Mission to France, with a copy to the Controller, ECA Washington, monthly statements of the amounts so expended, in form mutually satisfactory to the French Government and said Mission. Each such statement shall at least show the total weight carried and the charges therefor, and adjustments shall be made to the Special Account if shown to be required by ECA audit. ARTICLE VI PERIOD OF AGREEMENT This agreement shall come into effect 1. Immediately, insofar as the provisions with regard to duty-free entry are concerned; 2. As of June 28, 1948, insofar as the provisions for the reimbursement of costs of transportation of Relief Goods and Standard Packs as referred to in paragraphs 1 and 3 of Article I are concerned; and immediately insofar as the provisions for the reimbursement of costs of transportation of Relief Packages as referred to in paragraph 2 of Article I are concerned; and shall remain in force, subject to such prior termination or modification as may be agreed upon between the Government of the United States and the Government of France, for the same period as the Economic Cooperation Agreement of June 28, 1948. In witness thereof the respective plenipotentiaries have affixed their signatures and seals to the present agreement. Done, at Paris, in duplicate, in the English and French languages, both texts authentic, this 23d day of December, 1948. For the Government of the United States of America LEND-LEASE SETTLEMENT: MARITIME CLAIMS AND LITIGATION Agreement signed at Washington March 14, 1949, supplementing memorandum of understanding of May 28, 1946 Entered into force March 14, 1949 63 Stat. 2499; Treaties and Other International Acts Series 1935 AGREEMENT BETWEEN THE Government of the United States and tHE MARITIME CLAIMS AND The Government of the United States of America and the Government of the French Republic, desiring to avoid between themselves and between their nationals litigation in matters of maritime transportation, and desiring to carry out the terms and spirit of paragraph 6(b) of the Memorandum of Understanding Regarding Settlement for Lend-Lease, Reciprocal Aid, Surplus War Property, and Claims, dated May 28, 1946,1 agree as follows: ARTICLE I Each of the Contracting Governments hereby waives all claims against the other Contracting Government or against any servant or agent of such Government in any case where such servant or agent is entitled to indemnity from his or its Government, arising as follows: (1) Claims arising out of loss of or damage to the vessels, cargoes, aids to navigation, shore structures or port installations, fixed or movable, owned by one Contracting Government, caused by the navigation, operation, construction or location of the vessels, cargoes, aids to navigation, shore structures or port installations, fixed or movable, owned by the other Contracting Government. (2) Claims arising out of salvage services, including temporary repairs incidental to the salvage itself, rendered by one Contracting Government or by any organization owned or so controlled by it as to authorize it to make this waiver on its behalf, to any vessel, cargo or freight owned by the other Contracting Government. 1TIAS 1928, ante, p. 1126. (3) Claims for loss of or damage to cargo owned by one Contracting Government arising out of the carriage or handling thereof and claims for the loss of or damage to any cargo or vessel owned by one Contracting Government caused by the carriage or handling of cargo owned by the other Contracting Government. (4) Claims of one Government for general average contribution against the other Government, or against the vessels, cargo and freight owned by it. Each Contracting Government undertakes not to make any claim in respect of any vessels or cargo insured by it to which it may be entitled by virtue of any right of subrogation either (a) directly against the other Contracting Government, or (b) in any case where such other Government represents that such claim if made would ultimately be borne by such other Government. (5) Nothing in this Article, or elsewhere herein, shall be construed to waive any claims of the French Government, as an insured, under policies of hull insurance effected by the United States Government on vessels bareboat chartered to the French Government and time chartered back to the United States Government. ARTICLE II Where in any case claims arise which are not required to be waived by this Agreement in addition to or in conjunction with claims which are so required to be waived, and it is necessary in any proceedings including proceedings for the limitation of liability that claims be marshalled or for the proper assessment of any salvage or general average that values should be estimated, the provisions of this Agreement shall not apply, and in consequence claims which would otherwise be required to be waived under this Agreement shall be asserted. Any recoveries, however, shall be waived by the Government entitled to such recoveries or at the option of such Government shall be dealt with in such other way as will give effect to the purposes of the Agreement. ARTICLE III (1) The ownership referred to by the word "owned" as used in this Agreement shall include the interest which one of the Contracting Governments may have in a vessel or cargo by reason of the assumption by such Government, whether under charter, requisition or decree or by virtue of insurance, indemnity, or otherwise, of rights, or liabilities, or both, of the owners of such vessel or cargo respectively, notwithstanding the fact that any such interest may be insured or reinsured with private underwriters. The expression "vessel owned by a Contracting Government" includes but is not limited to a vessel on bareboat charter to a Contracting Government or requisitioned by the Contracting Government on bareboat terms, or time |