59 STAT.] NETHERLANDS-MUTUAL AID- -APR . 30, 1915 The Netherlands Minister to the Acting Secretary of State NETHERLANDS EMBASSY WASHINGTON, D . C . WASHINGTON, April 30th, 1946. MY DEAR MR. SECRETARY: Several questions of interpretation have arisen with respect to the language of the Agreement between our two Governments under Section 3 (c) of the Lend-Lease Act. I believe it will be helpful to indicate the understanding which my Government now has with respect to these questions and I would appreciate an expression from you as to whether or not these understandings are correct. 1. It is the understanding of my Government that the Agreement does not apply to arms and munitions, and that arms and munitions now or hereafter provided to my Government will be supplied, on a straight lend-lease basis, under the Agreement of July 8, 1942 between 66 S tat . 165 our two Governments on the principles applying to mutual aid. 2. We understand that in general it is not the intention of the United States Government to exercise its right under Article V of the 6 st.- 166. Agreement between our two Governments dated July 8, 1942 to recapture any articles for which the Government of the Kingdom of the Netherlands has paid or is to pay the United States Government. If, however, the United States Government should exercise this right with respect to any such articles, appropriate arrangements will be made for repayment to the Government of the Kingdom of the Netherlands. 3. With reference to the last paragraph of Article III of the Agree- An"e, p. 1628 ment under Section 3 (c) of the Lend-Lease Act, it is the understanding of my Government that no articles or services will be transferred or rendered to my Government under that Article unless they have been requisitioned by my Government. 4. In the first paragraph of Article IV of the Agreement under Section 3 (c) of the Lend-Lease Act, it is stated that changes may be made from time to time in the items set forth in the Schedule annexed thereto, by mutual agreement between the United States of America and the Government of the Kingdom of the Netherlands. It is our understanding that this language means that not only the items but also the values expressed for each item in the Schedule and the total value expressed for the whole Schedule, may be modified by mutual agreement taking into consideration among other things the supply situation in the United States and the established needs of the King- dom of the Netherlands. 5. With regard generally to the provisions of the Agreement under Section 3 (c) of the Lend-Lease Act with reference to risk of loss and transfer, as expressed in Section A of the Schedule annexed to the Agreement, it is my understanding that a suitable opportunity will be given to representatives of my Government, in accordance with the general procedure of your Government, to inspect articles proposed to be transferred before their transfer. 6. With reference to the provision of the Schedule annexed to the Agreement under Section 3 (c) of the Lend-Lease Act that risk of 1633
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