9. Regarding equipment for which orders must be placed with manufacturers, contracts will be placed in behalf of the Saudi Arabian Government by an agency of the United States Government. Payment for such equipment must therefore be arranged in advance in the same manner outlined above, including such amounts as may be required to defray progress payments on contract. It is understood that any damages resulting from cancellation of contract by the Saudi Arabian Government may be reimbursed by drawing upon the irrevocable letter of credit under reference. Any remaining funds will be returned to the Saudi Arabian Government. Similarly, refund will promptly be made of any deposits for material out of United States Government stocks on which payment is made but transfer of which is not made by the United States Government. 10. The Government of Saudi Arabia will also understand that the Government of the United States necessarily retains the privilege of diverting items of equipment or of not completing services undertaken, if such action is dictated by considerations of national interest. 11. Under the established eligibility of Saudi Arabia under Section 408 (E) of the Mutual Defense Act, the foregoing conditions regarding the furnishing of procurement assistance would also be applicable to further requests of the Saudi Arabian Government additional to those which have been currently under discussion and on which agreement in principle has been reached. Compliance with such requests by the United States Government will be in accordance. with its capabilities and existing legislation. 12. A reply by the Government of Saudi Arabia to the effect that these understandings are correct will be considered as constituting an agreement between our two Governments. Accept, Your Royal Highness, the renewed assurance of my highest consideration. His Royal Highness Prince FEISAL, Minister for Foreign Affairs, RAYMOND A. HARE Translation EXCELLENCY: MINISTRY FOR FOREIGN AFFAIRS, I have received Your Excellency's letter dated June 18, 1951 reading as follows: [See text of note from American Ambassador.] It is my pleasure to inform Your Excellency that the Saudi Arabian Government agrees to all that was said in this letter. Please accept my high respect. His Excellency THE AMBASSADOR OF THE UNITED STATES OF AMERICA, Jidda. FEISCAL 182. MUTUAL DEFENSE ASSISTANCE: AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ISRAEL, JULY 1 AND 23, 19521 The American Ambassador to the Israeli Acting Minister for Foreign Affairs TEL AVIV No. 1 EXCELLENCY: I have the honor to inform Your Excellency that the Government of Israel has been declared eligible to receive from the Government of the United States of America reimbursable military assistance under the provisions of Section 408 (e) of the Mutual Defense Assistance Act of 1949 (Public Law 329, 81st Congress), as amended. The provisions of these laws and the policy of the United States Government require that certain assurances be received before completing any transactions under Section 408 (e) of the Act. It is the understanding of the United States Government that the Government of Israel is prepared to accept the following undertakings: 1. The Government of Israel agrees to use any assistance furnished under the Mutual Defense Assistance Act of 1949, as amended, to further the policies and purposes of that Act which are to foster international peace and security within the framework of the Charter of the United Nations through measures which will further the ability of nations dedicated to the principles and purposes of the Charter to participate effectively in arrangements for individual and collective self-defense in support of those purposes and principles. The Government of Israel further agrees to furnish equipment and materials, services, or other assistance, consistent with the Charter of the United Nations, to the United States or to and among other nations eligible for assistance under the Mutual Defense Assistance Act to further the policies and purposes of this Act, as set forth above, and as may be mutually agreed hereafter. 2. The Government of Israel assures the United States Government that such equipment, materials, or services as may be acquired from the United States under the provisions of Section 408 (e) of the Mutual Defense Assistance Act of 1949, as amended, are required for and will be used solely to maintain its internal security, its legitimate self-defense, or to permit it to participate in the defense of the area of which it is a part, or in United Nations collective security arrangements and measures, and that it will not undertake any act of aggression against any other state. 3. The Government of Israel will not relinquish title to or possession of any equipment and materials, information or services furnished under Section 408 (e) of the Mutual Defense Assistance Act of 1949, as amended, without the consent of the United States Government. 4. The Government of Israel will protect the security of any article, service or information furnished under Section 408 (e) of the Mutual Defense Assistance Act of 1949, as amended. 5. The Government of Israel understands that, prior to the transfer of any item or the rendering of any services, the United States Government retains the right to terminate the transaction. 1 U. S. Department of State. TIAS 2675. 6. The Government of Israel is prepared to accept terms and conditions of payment for any item or service which may be furnished under the Mutual Defense Assistance Act of 1949, as amended, which are in accord with the provisions of Section 408 (e) (2) of this Act. I have the honor to propose that this note, together with your reply confirming these assurances, constitute an agreement between the Government of the United States of America and the Government of Israel, effective on the date of your Note. Accept, Excellency, the renewed assurances of my highest consideration. His Excellency DAVID BEN GURION, Acting Minister for Foreign Affairs, MONNETT B. DAVIS The Israeli Minister for Foreign Affairs to the American Ambassador SIR: HAKIRYA, 23d July, 1952 I have the honor to refer to your note of July 1, 1952, concerning certain assurances and undertakings required from the Israel Government prior to the completion of transactions between the Israel Government and the United States Government under the provisions of Section 408 (e) of the Mutual Defense Assistance Act of 1949, as amended. The Government of Israel accepts the undertakings and assurances outlined in that note and concurs with proposal that this note, together with your note dated July 1, 1952, referred to above, constitute an agreement covering all transactions for the supply of military assistance under Section 408 (e) of the Mutual Defense Assistance Act of 1949, as amended, between the respective governments, the said agreement to enter into force on the date of this note. I avail myself of this opportunity to renew to you the assurances of my highest consideration. The Honorable MONNETT B. DAVIS, Ambassador of the United States of America, M. SHARETT 183. ANGLO-LIBYAN TREATY OF ALLIANCE: DEFENSE AND MILITARY PROVISIONS, JULY 29, 19531 Article 2: Should either High Contracting Party become engaged in war or armed conflict, the other High Contracting Party will, subject always to the provisions of Article 4, immediately come to his aid as a measure of collective defence. In the event of an imminent menace of hostilities involving either of the High Contracting Parties they will immediately concert together the necessary measures of defence.' 1 Great Britain. Parliament. Papers-by-Command, No. 9043, 1951. Article 3: "The High Contracting Parties recognize that it is in their common interest to provide for their mutual defence and to ensure that their countries are in a position to play their part in the maintenance of international peace and security. To this end each will furnish to the other all the facilities and assistance in his power on terms to be agreed upon. In return for facilities provided by His Majesty the King of Libya for British armed forces in Libya on conditions to be agreed upon, Her Britannic Majesty will provide financial assistance to His Majesty the King of Libya, on terms to be agreed upon as aforesaid.' Article 4 provided that the Treaty should not prejudice rights and obligations arising from the United Nations Charter and other existing international agreements, including the Covenant of the Arab League. 184. DEFENSE: USE OF FACILITIES IN AGREED AREAS IN LIBYA: AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF LIBYA, SEPTEMBER 9, 1954 (EXCERPT) 1 Preamble The Government of the United States of America and the Government of the United Kingdom of Libya, desiring to strengthen the firm friendship and understanding now existing between them; confirming their determination to cooperate amicably and to support each other mutually in the international field; and to contribute to the maintenance of peace and security within the framework of the Charter of the United Nations; and being of the opinion that cooperation within the territory of Libya will assist in achieving these objectives; have entered into the present Agreement. ARTICLE I-AGREED AREAS (1) The Government of the United Kingdom of Libya grants permission to the Government of the United States of America to occupy and use for military purposes, for the duration of the present Agreement and in accordance with its terms and conditions, those areas which are presently used and occupied by the Government of the United States of America as well as such additional areas as may be agreed upon in writing from time to time by the two Governments. All areas used and occupied by the Government of the United States of America pursuant to this paragraph shall hereinafter be referred to as "agreed areas". (2) A particular agreed area shall cease to be considered as such whenever the Government of the United States of America shall notify the Government of the United Kingdom of Libya that it no longer requires such area. ARTICLE II-DEVELOPMENT AND SECURITY OF AGREED AREAS The Government of the United States of America may make arrangements for and carry out directly or through its contractors the 1 U. S. Department of State, TIAS 3107, September 9, 1954. installation, construction and removal of facilities within the agreed areas to improve and adapt such areas for military purposes and to provide for the internal security of such areas. The authorities of the Government of the United States of America will not, however, demolish any buildings existing on public lands at the time of first entry of the United States forces on such lands or cut or remove trees in any substantial number growing on such lands without the consent of the appropriate authorities of the Government of the United Kingdom of Libya. ARTICLE III-CONTROL OF AIRCRAFT, VESSELS AND VEHICLES (1) The Government of the United States of America may exercise full control over aircraft, ships and water-borne craft, and vehicles entering, leaving and while within the agreed areas. (2) The Government of the United Kingdom of Libya shall arrange for such controls over aircraft, vessels and vehicles entering, leaving and while within areas near the agreed areas as are agreed by the two Governments to be necessary to carry out the purposes of the present Agreement and ensure the security of United States forces and property in Libya. ARTICLE IV-COMMUNICATION AND PIPELINE FACILITIES The Government of the United States of America may construct and maintain such wire communication and pipeline facilities outside. of the agreed areas as the two Governments agree are necessary to carry out the purposes of the present Agreement. * * * * ARTICLE VI-USE OF AGREED AREAS (1) The agreed areas shall be used and occupied exclusively by the Government of the United States of America except as otherwise provided in this Article. Agreed areas used exclusively by the Government of the United States of America will be maintained at its expense. (2) The two Governments, as an element in collective military measures to maintain or restore international security, may agree to a joint use and occupancy of an agreed area by the two Governments, or by the United States of America and any nation with which the United Kingdom of Libya has a Treaty of Friendship and Alliance. The cost of maintenance of an agreed area which is used jointly by the two Governments, or by the United States of America and any other nation, shall be apportioned on the basis of usage, at rates and charges which are mutually satisfactory to the users. (3) The Government of the United States of America may request the Government of the United Kingdom of Libya to permit the use of the agreed areas for training purposes by small groups of military personnel of countries other than the United States of America, such personnel to be at all times while in Libya under the United States auspices and control. The Government of the United Kingdom of Libya is prepared to examine all such requests expeditiously on a case by case basis and inform the Government of the United States of America of its decision. |