D. Purchase of any right to books, plays, and other literary or musical properties, and purchase of cinematographic patents, provided that any subsequent royalties due to the seller will be paid in the currency of the nation in which the royalties accrue. E. Purchase of rights to motion pictures produced in France for distribution or sale throughout the world, excepting the franc zone, subject to the approval of the Centre National and the Office des Changes. F. 1. Subject to the application of the existing French exchange regulations: bodies; Purchase of long-term securities issued by the State or public Purchase of French industrial securities, except securities connected with the cinematographic industry, unless special permission has been granted by the Centre National de la Cinematographie; Investment in French industrial or commercial enterprises, except those connected with cinematographic industries, unless special permission has been granted by the Centre National de la Cinematographie; Purchase, construction, renovation, leasing of developed or undeveloped real estate, except that purchase, leasing and building of theaters and laboratories, as well as the purchase and leasing of studios, is excluded. However, construction of new studios will be authorized. 2. Income accruing from investments authorized in paragraph 1 above will be transferable to the United States. 3. In cases of eventual transfer, the capital invested will be subject to the general provisions of French exchange regulations. 4. The interested parties will be entitled, after having invested their franc assets in one of the categories mentioned in paragraph 1 above, to liquidate these investments and to reinvest the proceeds in one of the other categories. This new investment will be subject to the same regulations which governed the original one. G. Purchase of goods and materials for export where such export is deemed by the French Government to be beneficial to the French economy. H. Contributions to charities designed for French relief. I. Any other purpose specifically authorized by the Office des Changes. VIII. Balances remaining in franc accounts will be freely transferable between France and North Africa. ECONOMIC COOPERATION Exchange of notes at Paris September 21 and October 8, 1948, amending agreement of June 28, 1948 Entered into force October 8, 1948 62 Stat. 3720; Treaties and Other International Acts Series 1897 No. 907 The American Embassy to the Ministry for Foreign Affairs EMBASSY OF THE UNITED STATES OF AMERICA, Paris, September 21, 1948 The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and has the honor to refer to the Economic Cooperation Agreement between the United States of America and France signed on June 28, 1948.' Examination of the official text of this Agreement has revealed a clerical error in Article XII, paragraph 2, which seriously affects the substance of this paragraph. The proviso at the end of subparagraph (b) which reads: "provided, however, that Article V and paragraph 3 of Article VII shall remain in effect until two years after the date of such notice of intention to terminate, but not later than June 30, 1953." should begin at the margin and should not be a part of sub-paragraph (b). In other words, this proviso should modify both sub-paragraph (a) and sub-paragraph (b). The Embassy suggests that this note and the reply of the Foreign Office should constitute a recognition by the two Governments of the clerical error mentioned above and their agreement that the proviso applies to termination under both sub-paragraph (a) and sub-paragraph (b) of Article XII, paragraph 2, of the Agreement under reference. THE MINISTRY OF FOREIGN AFFAIRS, Paris. 1TIAS 1783, ante, p. 1257. D.J.R. The Ministry for Foreign Affairs to the American Embassy FRENCH REPUBLIC MINISTRY FOR FOREIGN AFFAIRS Economic Cooperation Service [TRANSLATION] Liberty, Equality, Fraternity PARIS The Ministry of Foreign Affairs presents its compliments to the Embassy of the United States and, in reply to the Embassy's note of September 21, with regard to the interpretation of Article XII, paragraph 2, of the Economic Cooperation Agreement between France and the United States of America relating to the application of the European recovery program, has the honor to inform it that the French text of this Agreement, as worded, does not contain any error in presentation. The only interpretation it is possible to give to the original document in the French language is in conformity with that indicated by the Embassy of the United States in note No. 907, that is, that the reservation which is at the end of sub-paragraph (b): . . étant entendu toutefois que l'Article V et le paragraphe 3 de l'Article VII resteront en vigueur deux ans après la date de la notification de l'intention de mettre fin à l'Accord, mais en aucun cas après le 30 Juin 1953." modifies both sub-paragraph (a) and sub-paragraph (b). Consequently, the Ministry of Foreign Affairs has the honor to inform the Embassy of the United States that it is in agreement that the official text in the English language relating to Article XII, paragraph (b), should be amended in its presentation, in conformity with the indications given in note No. 907 of the Embassy of the United States, but that it considers it unnecessary to make an amendment in the original text in the French language. EMBASSY OF THE UNITED STATES Paris. OCT. 8, 1948 AIR SERVICE FACILITIES IN INDOCHINA Agreement signed at Saigon October 19, 1948, with index of radio Obsolete 62 Stat. 4102; Treaties and Other AGREEMENT BETWEEN THE GOVERNMENT OF THE U.S.A. AND THE ENCLOSURE: Inventory of Radio Equipment. The Government of the United States of America, represented by George M. ABBOTT, American Consul General, Saigon, and the Government of the French Republic, Ministry of Public Works, Transport and Tourism Secretariat General of Civil and Commercial Aviation, represented by Colonel Charles LAFON, Director of Civil Aviation in Indochina, have on this 19th day of October 1948, entered into the following agreement regarding the radio equipment of American lend-lease origin listed in the attached annex: The Government of the United States of America approves the re-transfer to the Government of the French Republic of the equipment in question by the British Government and relinquishes all title to such equipment. The Government of the French Republic in turn agrees: 1° To operate and maintain without interruption all the installations in a manner satisfactory for air traffic into and away from airdromes at which the facilities are located and along the international air routes converging on those airdromes. 2° To provide the full service of all facilities to all aircraft on a nondiscriminatory basis with charges, if any, only for non-operational messages, until an international agreement on charges has been promulgated by ICAO. 3° To transmit weather reports in accordance with the international procedures in use at the time of the transfer of the facilities in a manner adequate to insure an integrated meteorological network for the international air routes unless changed by international agreement to which the Governments of the United States of America and French Republic are parties. 4° To continue the operation of all types of facilities in their present locations or at new locations deemed preferable by the representatives of both Governments until (a) new facilities are installed in accordance with standards promulgated by ICAO or (b) it is determined by the Government of French Republic and the United States that there is no longer a need for the original facilities. It is understood that the aeronautical facilities will be devoted exclusively to aeronautical service and will not be diverted to the communication service. 5° To provide English speaking operators at air to ground and Control Tower communication positions until regulations covering such voice transmissions are promulgated by the ICAO and further until such regulations are promulgated to grant permission to a representative of the U.S. air carriers authorized to serve an airdrome to enter its Control Tower and when in the opinion of the representative a case of necessity exists to talk to the pilot of any U.S. aircraft flying in the vicinity of the airdrome. 6° To utilize for air-ground and control tower communications the radio frequencies allotted for such purpose by ICAO on the basis of International Telecommunications regulations1 prescribing allocations of radio frequency bands. 7° To authorize and facilitate day-to-day adjustments in the air communication service matters by direct communication between the Department of Civil Aviation and the service agency of the United States Government, United States air carriers, or a communication organization representing one or more of them. 8° To authorize U.S. air carriers or the Civil Aeronautics Administration of the U.S. to designate a technical adviser to advise and assist the agency by the French Republic Government to operate the facilities so far as they relate to the safety and efficiency of U.S. airline operation, this designation is to continue as long as it is useful to U.S. air carriers. Attached is a copy of the letter from the American Consul General to the British Consul General approving this transfer. For the Government of the United States of America |