60 STAT.] AUSTRALIA-MUTUAL AID SETTLEMENT-JUNE 7, 1946 and services as have been designated by agreement between the two Governments for inclusion in the lend-lease pipeline of the Com- monwealth of Australia. Such transfer will be made in the quan- tities and according to the specifications and other conditions, except as to time of delivery, set forth in the covering requisitions, to the extent that such articles are or will be available to the Government of the United States for transfer to the Commonwealth of Australia. Title to the articles covered by this paragraph shall pass to the Com- monwealth of Australia immediately upon loading of the articles on board ocean vessel in a United States port, provided that risk of loss not recoverable from the supplier, carrier or other third party, shall be assumed by the Commonwealth of Australia upon shipment from the factory or other premises of the supplier. Title to any articles that shall not haie been loaded on board ocean vessel in a United States port prior to midnight on July 31, 1946, or two months after receipt by the Commonwealth of Australia of notice of availa- bility, whichever is later, shall be deemed to have beentransferred as of such later date, and thereafter the Commonwealth of Australia shall be responsible for storing and moving such articles within the United States and for delivering such articles aboard ocean vessel in a United States port. The Government of the United States will pay the cost of ocean transportation to Australia on United States flag vessels only of such of the articles covered by this paragraph as were loaded aboard ocean vessel berthing in United States ports prior to January 1, 1946. 5. The Government of the United States hereby acquires, and shall be deemed to have acquired as of September 2, 1945, full title, without qualification as to disposition or use (a) to all reciprocal aid articles transferred to the Government of the United States and not subse- quently returned to the Commonwealth of Australia or lost, destroyed or consumed, other than reciprocal aid articles which on that date were in the possession of the armed forces of the Government of the United States, and (b) to all reciprocal aid articles transferred to the Gov- ernment of the United States between September 2, 1945 and Decem- ber 81, 1945, both dates inclusive, and not subsequently returned to the Commonwealth of Australia. 6. (a) The Government of the United States, with respect to lend- lease articles (other than those described in the Annex to this Agree- ment), and the Commonwealth of Australia, with respect to recipro- cal aid articles, reserve a right to recapture, respectively, at any time after September 1, 1945, any such articles which, as of the date upon which notice requesting return is communicated to the other Government, are in the possession of the armed forces of the other Government, although neither Government intends to exercise gen- erally this right of recapture, except that the Commonwealth of Australia will return to the Government of the United States all vessels of the United States Navy transferred under lend-lease and in the possession of the Commonwealth of Australia on September 2, 1945. In respect of cases where either Government wishes from 1709 Title to articles. Cost of ocean trans- portation. Reciprocal aid ar. ticlea RightofU..to recapture articles. Pod, p . 171.
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