Treaty (4 January 1952)

January 04, 1952

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

RELATING TO THE ASSURANCES REQUIRED UNDER THE

U.S. MUTUAL SECURITY ACT BETWEEN THE REPUBLIC OF

THE PHILIPPINES AND THE UNITED STATES OF AMERICA

Note: The Agreement entered into force, January 7, 1952.

Reference: This Agreement is also published in 179 UNTS, p. 193; 3

UST, p. 4644 and TIAS 2617

I

THE AMERICAN CHARGE D'AFFAIRES AD INTERIM TO THE

PHILIPPINE

UNDER SECRETARY OF FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 819 Manila, January 4, 1952

Excellency:

I have the honor to refer to the conversations which have recently taken place

between representatives of our Governments relating to the effect of the enactment

by the Congress of the United States of the Mutual Security Act of 1951 (P. L. 165—

82nd Congress) upon furnishing assistance under the Economic and Technical

Cooperation Agreement signed on April 27, 1951 and the agreement on Military

assistance signed on March 21, 1947 supplemented and extended by exchange of

notes signed February 24 and March 11 and 13, 1950 between the Government of

the United Slates of America and the Government of the Philippines. I also have the

honor to confirm the understandings reached as a result of these conversations, as

follows:

1. The Government of the Philippines hereby confirms that it has agreed to

(1) join in promoting international understanding and good will, and

maintaining world peace;

(2) take such action as may be mutually agreed upon to eliminate causes

of International tension;

(3) fulfill the military obligations which it has assumed under multi-

lateral or bilateral agreements or treaties to which the United States is a

party,

(4) make, consistent with its political and economic stability, the full

contribution permitted by its manpower, resources, facilities, and generaleconomic condition to the development and maintenance of its own

defensive strength and the defensive strength of the free world;

(5) take all reasonable measures which may be needed to develop its

defense capacities; and

(6) take appropriate steps to insure the effective utilization of the

economic and military assistance provided by the United States.

2. The two Governments will establish procedures under which equipment and

materials furnished by the Government of the United States under the Mutual

Defense Assistance Act of 1949, as amended, other than equipment or materials

furnished under terms requiring reimbursement, and no longer required for the

purposes for which originally made available will be offered for return to the

Government of the United States for appropriate disposition, delivered to the United

States Government without cost at a place in the territories of the Republic of the

Philippines designated by the United States Government.

3. The two Governments will establish procedures whereby the Government of the

Philippines will so deposit, segregate, or assure title to all funds allocated to or

derived from any program of assistance undertaken by the Government of the

United States so that such funds shall not be subject to garnishment, attachment,

seizure or other legal process by any person, firm, agency, corporation, organization

or government, when in the opinion of the Government of the United States any

such legal process would interfere with the attainment of the objectives of said

program of assistance.

Upon receipt of a Note from your Government indicating that the foregoing

provisions are acceptable to the Government of the Philippines the Government of

the United States of America will consider that this Note and your reply thereto

constitute an agreement between the two Governments on this subject which shall

enter into force on the date of your Note in reply.

Accept, Excellency, the renewed assurances of my most distinguished consideration.

JULIAN F.

HARRINGTON

Charge d'Affaires a.i

His Excellency FELINO NERI

Undersecretary of Foreign Affairs

Republic of the Philippines

II

THE PHILIPPINE UNDERSECRETARY OF FOREIGN AFFAIRS TO THE

AMERICAN

CHARGE D'AFFAIRES AD INTERIM

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

Manila, January 7, 1952S i r :

I have the honor to refer to your note No. 819, of January 4, 1952, which is as

follows:

[See note I]

and to state, in behalf of the Government of the Philippines, that the understandings between your Government and mine as stated in your above quoted note are correct and are hereby confirmed. Accept, Sir, the renewed assurances of ray high consideration.

FELINO NERI

Undersecretary The Honorable JULIAN F. HARRINGTON Charge d'Affaires a.i. of the United States of America