60 STAT.] UNITED KINGDOM-MUTUAL AID SETTLEMENT-MAR . 27,1946 IV AGREEMENT RELATING TO MILITARY HOLDINGS In accordance with their JOINT STATEMENT REGARDING SETTLE- use of certainarticles. MENT FOR LEND-LEASE, RECIPROCAL AID, SURPLUS WAR PROPERTY AND CLAIMS, dated December 6, 1945, and with the principles of inter- P ' p 154- national security and welfare set forth in the Charter of the United 59 8tt. 1031. Nations, the Governments of the United States and of the United Kingdom agree that, effective September 2, 1945, the disposition and use of lend-lease articles which were (a) in the possession or control on September 2, 1945 of the United Kingdom Armed Forces (including their supply agents) or (b) transferred to them thereafter on straight lend-lease terms (both hereinafter referred to as "lend-lease articles"), and of reciprocal aid articles which were (a) in the possession or con- trol on September 2, 1945 of the United States Armed Forces (includ- ing their supply agents) or (b) transferred to them thereafter on straight reciprocal aid terms (both hereinafter referred to as "recip- rocal aid articles") shall be governed by the following principles. 1. Under Article V of the Mutual Aid Agreement of February 23, ghts treP 1942 between the Governments of the United States and of the United Kingdom, the Government of the United States has the Stat. 1434. right to recover at the end of the present emergency as determined by the President, such defense articles transferred under that Agree- ment as have not been destroyed, lost or consumed, and as shall be determined by the President to be useful in the defense of the United States or of the Western Hemisphere, or to be otherwise of use to the United States of America. It is agreed that this right of recapture may be exercised at any time after September 1, 1945 with respect to lend-lease articles which, as of the date upon which notice requesting return is communicated to the Government of the United Kingdom, are not destroyed, lost, consumed or disposed of in accordance with this Agreement. 2. The Government of the United States reserves its right of recap- L -e s - ture of any lend-lease articles held by the United Kingdom Armed Forces, but does not intend to exercise generally this right of recap- ture. In respect of cases where it wishes from time to time to exercise its right of recapture, the Government of the United States will give reasonable notice of its intention and will provide full opportunity to the Government of the United Kingdom for discussion of that Gov- ernment's need for the articles in question, without limiting the right of recapture referred to in paragraph 1 hereof. The Government of the United Kingdom will make the arrangements for effecting the physical return to the custody of the Government of the United States, at such points as the latter may designate, of the lend-ease articles to be recaptured, and will use its best endeavors to see that all reasonable care is exercised in order to prevent loss of or damage to such articles during the process of return. The Government of the United States will, however, take into consideration the practical difficulties in particular cases, especially as to designation of points of delivery, and will cooperate with the Government of the United 1539
�
