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EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND INDIA RELATING TO MUTUAL DEFENCE ASSISTANCE [1951] INTSer 8

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND INDIA RELATING TO MUTUAL DEFENCE ASSISTANCE

Washington, 7 and 16 March 1951

I

DEPARTMENT OF STATE WASHINGTON

March 7, 1951

Excellency:

I have the honor to address your Excellency concerning the request of the Government of India for the transfer of certain items of military supplies and equipment by the Government of the United States of America.

There are certain assurances and undertakings by; the Government of India which the Government of the United States of America must obtain before completing any transaction under Section 408 (e) of the Mutual Defense Assistance Act of 1949, (Public Law 329, 81st Congress) as amended by Public Law 621, 81st Congress.

The Government of the United States of America understands the Government of India is prepared to agree to use such items as may be provided to foster international peace and security within the framework of the Charter of the United Nations through measures which will further the ability of nations dedicated to the principles and purposes of the Charter to participate effectively in arrangements for individual and collective self-defence in support of those purposes and principles; and, moreover, that the items to be provided by the Government of the United States of America are required by the Government of India to maintain its internal security, its legitimate self-defence or permit it to participate in the defense of the area of which it is a part, and that it will not undertake any act of aggression against any other state.

The Government of the United States of America understands also that the Government of India will obtain the consent of the Government of the United States of America prior to the transfer of title to or possession of any equipment, materials, information, or services furnished, will take appropriate measures to protect the security of any article, service, or information furnished, and agrees to the Government of the United States of America's retaining the privilege of diverting items of equipment or of not completing services undertaken if such action is dictated by considerations of United States national interest. Finally, the Government of the United States of America understands that the Government of India is prepared to accept terms and conditions of payment for the items transferred, to be agreed upon between the Government of the United States of America and the Government of India, which accord with the terms of Section 408 (e) of the Mutual Defense Assistance Act of 1949, as amended.

A reply to the effect that these understandings are correct wi] be considered as constituting an agreement between the Government of the United States of America and the Government of India, which shall come into force on the date of the note in reply from the Government of India.

Accept, Excellency, the renewed assurances of my highest consideration.

JAMES E. WEBB II

Her Excellency VIJAYA LAKSHMI PANDIT

Ambassador of India (Sd./-)

________________________

EMBASSY OF INDIA
WASHINGTON, D. C

16th March, 1951

Mr. Secretary,

I have the honour to refer to your letter dated 7th March regarding the transfer of certain items of military supplies and equipment by the Government of the United States of America to the Government of India under the terms, assurances and undertakings which are to the effect as follows:

[See note I] The terms, conditions and assurances affecting such a transfer as quoted above have been carefully considered and I have the honour to inform you that the Government of India are in agreement with the terms, conditions and assurances proposed.

I avail myself of the opportunity to convey to you, Mr. Secretary, the assurances of my highest consideration.

The Honourable Secretary of State, Washington 25, D. C.

(Sd.) VIJAYA LAKSHMI PANDIT
Ambassador of India.


India Bilateral

Ministry of External Affairs, India


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