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APPENDIX A

MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND (Signed and entered into force 27 January 1950, 1 UST 126; TIAS 2017; 80 UNTS 261).

The Governments of the United States of America and the United Kingdom of Great Britain and Northern Ireland;

Being parties to the North Atlantic Treaty signed at Washington on April 4, 1949;[1]

Considering their reciprocal pledges under Article 3 of the North Atlantic Treaty separately and jointly with the other parties, by means of continuous and effective self-help and mutual aid, to maintain and develop their individual and collective capacity to resist armed attack;

Desiring 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 purposes and principles of the Charter to participate effectively in arrangements for individual and collective self-defense in support of those purposes and principles;

Reaffirming their determination to give their full cooperation to the efforts to provide the United Nations with armed forces as contemplated by the Charter and to obtain agreement on universal regulation and reduction of armaments under adequate guarantee against violation;

Recognizing that the increased confidence of free peoples in their own ability to resist aggression will advance economic recovery;

Taking into consideration the support that has been brought to these principles by the Government of the United Kingdom in affording military assistance to other parties of the North Atlantic Treaty and by the Government of the United States of America in enacting the Mutual Defense Assistance Act of 1949[*] which provides for the furnishing of military assistance to nations which have joined with it in collective security arrangements;

Desiring to set forth the conditions which will govern the furnishing of military assistance by one contracting Government to the other under this Agreement;

Have agreed as follows:

[1] Treaties and Other International Acts Series 1964.
(2) Treaty Series 993; 59 Stat. 1031.
[3] Public Law 329, 81st Cong.; 63 Stat. 714.

Article I 1. Each contracting Government, consistently with the principle that economic recovery is essential to international peace and security and must be given clear priority, and in accordance with its obligations under Article 3 of the North Atlantic Treaty, will make available to the other such equipment, materials, services, or other military assistance as the contracting Government furnishing such assistance may authorize, in accordance with detailed arrangements from time to time to be made between them. The Government of the United Kingdom in fulfillment of its obligations under Article 3 of the North Atlantic Treaty will furnish or continue to furnish to other parties to the North Atlantic Treaty such equipment, materials, services, or other military assistance as it may authorize. The furnishing of assistance by the Government of the United States of America under this Agreement will be under the provisions, and subject to all the terms, conditions, and termination provisions of the Mutual Defense Assistance Act of 1949, acts amendatory and supplementary thereto and appropriation acts thereunder.

2. Such assistance shall be so designed as to promote the integrated defense of the North Atlantic area and to facilitate the development of, or be in accordance with, defense plans under Article 9 of the North Atlantic Treaty approved by each contracting Government.

Article II 1. Each contracting Government undertakes to make effective use of assistance received pursuant to Article I of this Agreement

(a) for the purpose of promoting an integrated defense of the North Atlantic Area, and for facilitating the development of defense plans under Article 9 of the North Atlantic Treaty; and

(b) in accordance with defense plans formulated by the North Atlantic Treaty Organization, recommended by the North Atlantic Treaty Council and Defense Committee, and agreed to by the two contracting Governments.

2. Neither contracting Government, without the prior consent of the other, will devote assistance furnished to it by the other contracting Government to purposes other than those for which it was furnished.

Article III In the common security interest of both contracting Governments, each contracting Government undertakes not to transfer to any person not an officer or agent of such contracting Government, or to any other nation, title to or possession of any equipment, materials, or services, furnished on a grant basis, without the

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prior consent of the contracting Government furnishing such equipment, materials, or services.

Article IV The provisions of Article V of the Economic Cooperation Agreement signed at London on July 6, 1948, shall be regarded as an integral part of this Agreement.

Article V 1. Each contracting Government will take such security measures as may be agreed in each case between the two contracting Governments in order to prevent the disclosure or compromise of any classified military articles, services, or information furnished by the other contracting Government pursuant to this Agreement.

2. Each contracting Government will take appropriate measures consistent with security to keep the public informed of activities under this Agreement.

Article VI 1. The two contracting Governments will negotiate appropriate arrangements between them respecting responsibility for claims for the use or infringement of inventions covered by patents or patent applications, trademarks, or copyrights, or other similar claims arising from the use of devices, processes, or technological information in connection with equipment, materials, or services furnished pursuant to this Agreement, or furnished in the interests of production undertaken by agreement between the two contracting Governments in implementation of the pledges of self-help and mutual aid contained in the North Atlantic Treaty.

Article VII 1. Subject to the provision of the necessary appropriations, the Government of the United Kingdom will make available to the Government of the United States of America sterling for the use of the latter Government for its administrative expenditures within the United Kingdom in connection with assistance furnished by the Government of the United States of America to the Government of the United Kingdom under this Agreement.

2. The two contracting Governments will initiate forthwith discussions with a view to determining the amount of such sterling and agreeing upon arrangements for the furnishing of such sterling

Article VIII 1. Except as otherwise agreed, the Government of the United Kingdom will grant exemption from customs duties and other taxes on importation and also from taxes on exportation, in respect of goods owned by the Government of the United States of America and imported by it into the United Kingdom as assistance under this Agreement or as assistance under any similar agreement between the United States of America and any other party to the North Atlantic Treaty.

2. Goods imported under this exemption may not be disposed of by way either of sale or gift in the country into which they have been imported, except to a Government party to the North Atlantic Treaty or under conditions agreed with the Government of the country into which they have been imported.

Article IX 1. Each contracting Government agrees to receive personnel o. the other contracting Government who will discharge in its territories the responsibilities of the latter Government under this Agreement and will be accorded facilities to observe the progress of assistance furnished in pursuance of this Agreement.

2. Such personnel will, in their relations to the Government of the country to which they are assigned, operate as part of the Embassy under the direction and control of the Chief of the Diplomatic Mission of the Government which they are serving.

3. The Government of the United Kingdom will, upon appropriate notification from the Ambassador of the United States of America in the United Kingdom, consider such personnel as part of the Embassy of the United States of America in the United Kingdom for the purpose of enjoying the privileges and immunities accorded to that Embassy and its personnel of comparable rank.

Article X The furnishing of any assistance under this Agreement shall be consistent with the obligations of the two contracting Governments under the Charter of the United Nations and under Article 3 of the North Atlantic Treaty.

Article XI 1. The two contracting Governments will, upon the request of either of them, consult regarding any matter relating to the appl cation of this Agreement or to operations or arrangements carried out pursuant to this Agreement.

2. The terms of this Agreement shall at any time be reviewed at the request of either contracting Government. Such review shall take into account, where appropriate, agreements concluded by either contracting Government in connection with the carrying out of Article 9 of the North Atlantic Treaty.

3. This Agreement may be amended at any time by agreement between the two contracting Governments.

Article XII 1. This Agreement shall enter into force on notification to the Government of the United States of America by the Government of the United Kingdom of its acceptance thereof.[*]

2. This Agreement will terminate one year after the receipt of notification by either contracting Government of the intention of the other to terminate it.

3. The Annexes to this Agreement form an integral part thereof.

In witness whereof the respective representatives, duly authorized for the purpose, have signed the present Agreement.

Done at Washington, in duplicate, this twenty-seventh day of January, 1950.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

DEAN ACHESON FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

OLIVER FRANKS.

(']Jan. 27, 1950. Notification received by a note, dated Jan. 27, 1950, from the British Ambassador to the Secretary of State.

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