Page:United States Statutes at Large Volume 59 Part 2.djvu/819

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1502 Right to assert sov- ereign immunity. Entry into force; application. Duration. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [59 STAT. the requesting Government so represents, upon compliance with the following conditions:- (a) upon the tender of such request due authority will be conferred by the Government interested in such vessel or cargo upon the law officers of the Government furnishing the undertaking to appear on their behalf and to conduct the defence of such proceedings in so far as such vessel or cargo is concerned, to settle or compromise any such suit, to assert or settle and compromise any claim to which the requesting Government may be entitled in respect of the subject matter of the suit and to make and receive payments in respect thereof; and (b) the requesting Government upon tendering such a request will assure the other Government of its full co-operation in mak- ing defence to such suit and asserting such claims including the making available of witnesses and evidence and including preparation for trial. Unless otherwise agreed, each contracting Government will reimburse or account to the other for any payment made or received by the one Government on behalf of the other. ARTICLE V Nothing in this Agreement shall be construed as a waiver of the right of either contracting Government in appropriate cases to assert sovereign immunity. ARTICLE VI (1) This Agreement, which shall come into force on the date of signature, shall apply in respect of all claims arising before the date of this Agreement but remaining unsettled at such date or which may arise during the currency of this Agreement. (2) This Agreement shall remain in force until the expiration of six months from the date upon which either of the contracting Govern- ments shall have given notice in writing of their intention to ter- minate it. IN wrTNEss whereof the undersigned, duly authorized to that effect by their respective Governments, have signed the present Agreement and have affixed thereto their seals. DONE in Canberra in duplicate, this 8 th day of March. 1945. SIGNED on behalf of the SIGNED on behalf of the GOVERNMENT OF THE GOVERNMENT OF THE UNITED STATES OF COMMONWEALTH OF AMERICA. AUSTRALIA. NELSON TRUSLER JOHNSON H V EVArr. [SEAL] [SEAL]