INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. Claims falling (3) If any such claim by a third party falls within the matters which within matters of re- iprocal or mutual are the subject of reciprocal aid under the Reciprocal Aid Agreements of 1944 in force between the United States and France, the Nether- lands and Belgium, or of mutual aid under the Mutual Aid Agreements of 1944 in force between the United Kingdom and France, the Netherlands and Belgium, such claims shall be in- vestigated in the country in which the incident occurred by the authorities provided under the respective Reciprocal or Mutual Aid Agreement. If such authorities decide that both the Government of the United States and the Government of the United Kingdom are liable, the cost of settlement of the claim as between the Government of the United States and the Government of the United Kingdom, shall be charged as reciprocal aid to the United States and as mutual aid to the United Kingdom in equal proportions irrespective of the degree of fault attributable to either Government. The provisions of this paragraph shall not, however, be read as affecting any existing right of the Government of the United States or of the Government of the United Kingdom as against the Government of the country in which a claim is investigated under this paragraph to consider and decide whether such charge should be treated as reciprocal or mutual aid under the respective Reciprocal or Mutual Aid Agreement. ARTICLE III. Applicability of This Agreement shall apply to claims in relation to acts, omissions or other activities occurring in any part of the world. ARTICLE IV. Retroactive provi- (1) This Agreement shall be deemed to have come into force on the 6th June, 1944, except as to such claims by third parties as may have been determined prior to the 12th November, 1945. (2) This Agreement shall supersede, as from the 6th June, 1944, the arrangement for mutual forbearance from a certain class of claims em- bodied in paragraph 11 of the annex to the Notes exchanged in Lon- Ante, p. 234 . don on the 29th February, 1944, by His Majesty's Principal Secre- tary of State for Foreign Affairs and the United States Ambassador, but the arrangement made by exchange of notes on 29th February, 1944, remains in full force as to claims arising out of incidents which occurred before the 6th June, 1944. Duration. Termination. ARTICLE V. This Agreement shall remain in force during the period of the present joint participation by the Governments of the United States and of the United Kingdom in any military operation or military occupation but if before the period of joint participation expires either contract- ing Government gives to the other a written notice of its intention to terminate this Agreement, the Agreement shall cease to have effect three months after the date of such notice. 2878
�
