Treaty (20 December 1948)

December 20, 1948

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

FURTHER AMENDING THE AGREEMENT ON THE USE OF

FUNDS ARISING FROM THE SALE OF CERTAIN SURPLUS

WAR PROPERTY BETWEEN THE UNITED STATES OF

AMERICA AND THE REPUBLIC OF THE PHILIPPINES

Note: The Agreement entered into force, December 20, 1948.

Reference: This Agreement is also published in 74 UNTS, p. 296.

I

THE AMERICAN CHARGE D'AFFAIRES AD INTERIM TO THE

PHILIPPINE

SECRETARY OF FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 2266 Manila, December 8, 1948

Excellency:

I have the honor to refer to Article 5 of the Fulbright Agreement between the

Government of the United States of America and the Republic of the Philippines for

the use of funds made available in accordance with the agreement between the

Government of the United States of America and the Republic of the Philippines for

the sale of surplus war property, which is worded as follows:

"The management and direction of the affairs of the Foundation shall be

vested in a Board of Directors consisting of nine Directors (hereinafter

designated the 'Board').

The principal officer in charge of the Diplomatic Mission of the United

States of America to the Republic of the Philippines (hereinafter

designated the 'Chief of Mission') shall be Honorary Chairman of the

Board. He shall have the power of appointment and removal of members

of the Board at his discretion. The members of the Board shall be as

follows: (a) the Chief Public Affairs Officer of the United States

Embassy in the Philippines, Chairman; (b) two other members of the

Embassy staff, one of whom shall serve as treasurer; (c) two citizens of

the United States of America, one representative of the American

business interests in the Philippines; and (d) four citizens of the

Philippines, at least two of whom- shall be prominent in the field of

education.

"The six members specified in (c) and (d) of the last preceding paragraph

shall be residents in the Philippines and shall serve from the time of their

appointment until the succeeding December 31 next following suchappointment. They shall be eligible for reappointment. The United States

members shall be designated by the Chief of Mission; the Philippine

members by the Chief of Mission from a list of names submitted by the

Government of the Republic of the Philippines. Vacancies by reason of

resignations. transfer of residence outside the Philippines, expiration of

term of service, or otherwise shall be filled in accordance with this

procedure.

"The Directors shall serve without compensation, but the Foundation is

authorized to pay the necessary expenses of the Directors in attending

meetings of the Board."

The Department of State has reconsidered its policy relating to the pattern of

membership of the Board of Directors of USEFP and now suggests the following

amendment to Article 5, which equalizes the representation of our two countries on

the Board and vests in the Philippine Government the right to appoint and remove its

own representatives. Although the proposed amendment removes all specifications

as to fields of interest to be represented by the appointees, it is hoped to obtain as

wide a representation as possible of private and governmental interests among the

representatives of each country.

"The management and direction of the affairs of the Foundation shall be

vested in a Board of Directors consisting of ten Directors (hereinafter

designated the 'Board'), five of whom shall be citizens of the United

States of America and five of whom shall be citizens of the Philippines.

In addition, the principal officer in charge of the Diplomatic Mission of

the United States of America in the Philippines (hereinafter designated

the 'Chief of Mission') shall be Honorary Chairman of the Board. The

citizens of the United States of America on the Board, at least three of

whom shall be officers of the United States Foreign Service

establishment in the Philippines, shall be appointed and removed by the

Chief of Mission; the citizens of the Philippines on the Board shall be

appointed and removed by the Government of the Republic of the

Philippines.

"The Directors shall serve from the time of their appointment until one

year from the following December 31 and shall be eligible for

reappointment. Vacancies by reason of resignation, transfer of residence

outside the Philippines expiration of term of service or otherwise, shall

be filled in accordance with this procedure.

"The Directors shall serve without compensation but the Foundation is

authorized to pay the necessary expenses of the Directors in attending the

meetings of the Board."

Upon the receipt of a note from Your Excellency stating that the foregoing

suggestion is acceptable to the Government of the Republic of the Philippines, the

Government of the United States of America will consider that the subject

agreement has been so amended.

Accept, Excellency, the renewed assurances of my highest consideration.THOMAS H. LOCKETT

Charge d'Affairs, a.i.

His Excellency ELPIDIO

QUIRINO

Secretary of Foreign Affairs

Republic of the Philippines

II

THE PHILIPPINE ACTING UNDERSECRETARY OF FOREIGN AFFAIRS

TO THE AMERICAN CHARGE D'AFFAIRES AD INTERIM

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

Manila, December 20, 1948

Sir :

I wish to acknowledge receipt of your note No. 2266, dated December 8, which

reads as follows:

[See Note I]

and to inform you that the suggested amendment to Article 5 of the Fulbright Agreeement, quoted therein, is acceptable to the Government of the Republic of the Philippines, and, therefore, as of this date, subject agreement may be considered so amended Accept, Sir, the renewed assurances of my high consideration.

FELINO NERI

Acting Undersecretary The Honorable THOMAS H.

LOCKETT

Charge d'Affaires ad interim United States Embassy Manila.