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MILITARY SERVICE

Exchange of notes at Washington March 31 and May 14, 1942; related notes dated June 25 and September 30, 1942

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I have the honor to refer to my note of March 24, in acknowledgment of your note of March 10 referring to the desire of your Government to engage in its armed forces certain Yugoslav citizens resident in the United States.

Various Departments and agencies of this Government were consulted, as noted in my preliminary acknowledgment of your note, in the formulation of the procedure under which the status of alien residents of the United States would be determined, with regard to the United States Selective Training and Service Act of 1940, as amended. This uniform procedure, which would be applicable to persons of the classes mentioned in your note, may be set forth as follows:

As you are aware the Act provides that with certain exceptions every male citizen of the United States and every other male person residing in the United States between the ages of eighteen and sixty-five shall register. The Act further provides that, with certain exceptions, registrants within specified age limits are liable for active military service in the United States armed forces.

This Government recognizes that from the standpoint of morale of the individuals concerned and the over-all military effort of the countries at war with the Axis Powers, it would be desirable to permit certain classes of individuals who have registered or who may register under the Selective Train

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Upon termination of functions of U.S. Selective Service System (60 Stat. 341). 254 Stat. 885.

ing and Service Act of 1940, as amended, to enlist in the armed forces of a co-belligerent country, should they desire to do so. It will be recalled that during the World War this Government signed conventions with certain associated powers on this subject. The United States Government believes, however, that under existing circumstances the same ends may now be accomplished through administrative action, thus obviating the delays incident to the signing and ratification of conventions.

This Government is prepared, therefore, to initiate a procedure which will permit aliens who have registered under the Selective Training and Service Act of 1940, as amended, who are nationals of co-belligerent countries and who have not declared their intention of becoming American citizens to elect to serve in the forces of their respective countries, in lieu of service in the armed forces of the United States, at any time prior to their induction into the armed forces of this country. Individuals who so elect will be physically examined by the armed forces of the United States, and if found physically qualified, the results of such examinations will be forwarded to the proper authorities of the co-belligerent nation for determination of acceptability. Upon receipt of notification that an individual is acceptable and also receipt of the necessary travel and meal vouchers from the co-belligerent government involved, the appropriate State Director of the Selective Service System will direct the local Selective Service Board having jurisdiction in the case to send the individual to a designated reception point for induction into active service in the armed forces of the co-belligerent country. If upon arrival it is found that the individual is not acceptable to the armed forces of the co-belligerent country, he shall be liable for immediate induction into the armed forces of the United States.

Before the above-mentioned procedure will be made effective with respect to a co-belligerent country, this Department wishes to receive from the diplomatic representative in Washington of that country a note stating that his government desires to avail itself of the procedure and in so doing agrees that:

(a) No threat or compulsion of any nature will be exercised by his government to induce any person in the United States to enlist in the forces of any foreign government;

(b) Reciprocal treatment will be granted to American citizens by his government; that is, prior to induction in the armed forces of his government they will be granted the opportunity of electing to serve in the armed forces of the United States in substantially the same manner as outlined above. Furthermore, his government shall agree to inform all American citizens serving in its armed forces or former American citizens who may have lost their citizenship as a result of having taken an oath of allegiance on enlistment in

such armed forces and who are now serving in those forces that they may transfer to the armed forces of the United States provided they desire to do so and provided they are acceptable to the armed forces of the United States. The arrangements for effecting such transfers are to be worked out by the appropriate representatives of the armed forces of the respective governments.

(c) No enlistments will be accepted in the United States by his government of American citizens subject to registration or of aliens of any nationality who have declared their intention of becoming American citizens and are subject to registration.

This Government is prepared to make the proposed regime effective immediately with respect to the Kingdom of Yugoslavia upon the receipt from you of a note stating that your government desires to participate in it and agrees to the stipulations set forth in lettered paragraphs (a), (b), and (c) above.

Accept, Sir, the renewed assurances of my highest consideration.

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I have the honor to refer to your note of March 31, 1942 and to inform you that my Government shares entirely the view of the United States Governmen, and agrees to the stipulations set forth in the paragraphs of your ìetter a, b, and c, concerning the recruiting of Yugoslav citizens residing in the United States.

Accept, Mr. Secretary, the assurances of my highest consideration.

The Honorable

Mr. SUMNER WELLES,

The Under Secretary of State,
Department of State,

Washington, D.C.

CONST. FOTITCH

308-581-74-81

The Secretary of State to the Yugoslav Minister

The Secretary of State presents his compliments to the Honorable the Minister of Yugoslavia and refers to the Minister's note no. 399 of May 14, 1942, stating that the Yugoslav Government agrees to the stipulations set forth in the paragraphs lettered as a, b, and c in the Department's note of March 31, concerning the recruiting of Yugoslav citizens residing in the United States.

This information was duly communicated to the Director of the Selective Service System who has informed the Department that Major S. G. Parker, at the National Headquarters of the Selective Service System, will be available to discuss related problems with officials of the Yugoslav Government at their convenience.

DEPARTMENT OF STATE,

Washington, June 25, 1942

The Secretary of State to the Yugoslav Minister

DEPARTMENT OF STATE

WASHINGTON

September 30, 1942

SIR:

I have the honor to refer to the arrangement between Yugoslavia and the United States concerning the services of nationals of one country in the armed forces of the other country, and to inform you that the War Department is prepared to discharge, for the purpose of transferring to the armed forces of their own country, nondeclarant Yugoslav nationals now serving in the United States forces who have not heretofore had an opportunity of electing to serve in the forces of their own country, under the same conditions existing for the transfer of American citizens from the Yugoslav forces.

The Inter-Allied Personnel Board of the War Department, which is headed by Major General Guy V. Henry, is prepared to make the necessary arrangements for the contemplated transfers, and to discuss matters related thereto. In the case of a person serving outside the United States, however, the commanding officer of the theater of operations in which he may be serving is the proper authority to arrange the release.

Accept, Sir, the renewed assurances of my highest consideration.

For the Secretary of State:
BRECKINRIDGE LONG

The Honorable

CONSTANTIN FOTITCH,

Minister of Yugoslavia.

SPECIAL TARIFF POSITION OF PHILIPPINES

Exchange of notes at Washington May 4 and October 3, 1946, modi-
fying treaty of October 14, 1881
Entered into force October 3, 1946

61 Stat. 2451; Treaties and Other International Acts Series 1572

The Acting Secretary of State to the Yugoslav Chargé d'Affaires ad interim DEPARTMENT OF STATE

WASHINGTON
May 4, 1946

SIR:

With reference to the forthcoming independence of the Philippines on July 4, 1946, my Government considers that provision for a transitional period for dealing with the special tariff position which Philippine products have occupied for many years in the United States is an essential accompaniment to Philippine independence. Accordingly, under the Philippine Trade Act approved April 30, 1946, 1 goods the growth, produce or manufacture of the Philippines will enter the United States free of duty until 1954, after which they will be subject to gradually and regularly increasing rates of duty or decreasing duty-free quotas until 1974 when general rates will become applicable and all preferences will be completely eliminated.

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Since the enactment of the Philippine Independence Act approved March 24, 1934, 2 my Government has foreseen the probable necessity of providing for such a transitional period and has since then consistently excepted from most-favored-nation obligations which it has undertaken toward foreign governments advantages which it might continue to accord to Philippine products after the proclamation of Philippine independence. Some thirty instruments in force with other governments, for example, permit the continuation of the exceptional tariff treatment now accorded by my Government to Philippine products, irrespective of the forthcoming change in the Commonwealth's political status.

160 Stat. 141. 248 Stat. 456.

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