Page:United States Statutes at Large Volume 60 Part 2.djvu/456

This page needs to be proofread.

60 STAT.] UNITED KINGDOM-MUTUAL AID SETTLEMENT-MAR. 27,1946 Further, the Government of the United Kingdom will make every effort to return as large a quantity as possible of spares for aircraft of the models offered for return and needed by the Government of the United States. 11. Subject to the provisions of paragraphs 5 and 6 hereof, the Government of the United States reserves its full right of recapture pursuant to Article V of the Mutual Aid Agreement dated February 23, 1942 in respect of all aircraft and spares covered by this Agree- ment other than those to which title is acquired by the Government of the United Kingdom pursuant to paragraphs 3, 4 and 8 hereof, or is hereafter acquired by it pursuant to paragraph 7 hereof. It is agreed that this right of recapture may be exercised at any time after September 1, 1945 with respect to aircraft and spares covered by this Agreement 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. 12. The Government of the United Kingdom will make the arrange- ments for effecting the physical return to the custody of the Govern- ment of the United States, at such points as the latter may designate, of any aircraft and spares to be returned or 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 give reasonable notice of its intention to recapture, will take into consideration the practical difficulties in particular cases, especially as to designation of points of delivery, and will co-operate with the Government of the United Kingdom as fully as the available United States organization and equipment permit in facilitating and expediting the return of articles to be recaptured. With respect to aircraft, other than those covered by paragraphs 5 and 6 hereof, the Government of the United Kingdom will be required to make the above arrangements only for aircraft which, at the date of the notice of intention to recapture or of the acceptance of the offer for return, are flyable or may be made so after repairs requiring not more than 250 man-hours in the case of a Dakota (C-47) and proportionately greater or less time for larger or smaller models. 13. So long as aircraft and spares covered by this Agreement and not within paragraphs 3 to 8 hereof, inclusive, have not been the subject of (a) acceptance by the Government of the United States of an offer for return in accordance with the requirements of paragraph 10 or (b) recapture by the United States under the provisions of paragraph 11, they may be used by the Government of the United Kingdom for military purposes and, as they become surplus to such military purposes, may be disposed of for its own account as salvage or scrap, after being rendered unfit for aeronautical use, without further con- sultation with the Government of the United States. 1545 Reservation of right of recapture of aircraft and spares by U. S. 56 Stat. 1434 . Physical return of aircraft and spares to custody of U. 8 . Use of aircraft and spares for military urposes, etc., by nited Kingdom.