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March 17, 18, 1942 [E. A. S. 246]

Construction maintenance.

Agreement between the United States of America and Canada respecting a military highway to Alaska. Effected by exchange of notes signed March 17 and 18, 1942.

The American Minister to the Canadian Secretary of State for External
Affairs

No. 626
SIR:

LEGATION OF THE

UNITED STATES OF AMERICA
Ottawa, Canada, March 17, 1942.

1. As you are aware, on February 26th, 1942, the Permanent Joint Board on Defence approved a recommendation as a result of which the two Sections proposed to their respective Governments:

"the construction of a highway along the route that follows the general line of airports, Fort St. John Fort Nelson - Watson Lake Whitehorse Boundary Big Delta, the respective termini connecting with existing roads in Canada and Alaska.” This recommendation, based as it was on military considerations and military considerations only, and having the endorsement of the Service Departments of the two countries, has been approved by both Governments.

and 2. My Government, being convinced of the urgent necessity for the construction of this highway and appreciating the burden of war expenditure already incurred by Canada, in particular on the construction of the air route to Alaska, is prepared to undertake the building and wartime maintenance of the highway. Subject to the provision by Canada of the facilities set forth in paragraph three of this Note, the Government of the United States is prepared to:

(a) Carry out the necessary surveys for which preliminary ar-
rangements have already been made, and construct a
Pioneer Road by the use of United States Engineer troops
for surveys and initial construction;

(b) Arrange for the highway's completion under contracts made
by the United States Public Roads Administration and
awarded with a view to insuring the execution of all con-
tracts in the shortest possible time without regard to
whether the contractors are Canadian or American;
(c) Maintain the highway until the termination of the present
war and for six months thereafter unless the Government
of Canada prefers to assume responsibility at an earlier
date for the maintenance of so much of it as lies in Canada;
(d) Agree that at the conclusion of the war that part of the
highway which lies in Canada shall become in all respects
an integral part of the Canadian highway system, subject

to the understanding that there shall at no time be imposed
any discriminatory conditions in relation to the use of the
road as between Canadian and United States civilian
traffic.

Provision of facili

3. For its part, my Government will ask the Canadian Government ties, etc., by Canada. to agree:

(a) To acquire rights of way for the road in Canada (including

the settlement of all local claims in this connection), the
title to remain in the Crown in the right of Canada or of
the Province of British Columbia as appears more con-
venient;

(b) To waive import duties, transit or similar charges on ship-
ments originating in the United States and to be trans-
ported over the highway to Alaska, or originating in
Alaska and to be transported over the highway to the
United States;

(c) To waive import duties, sales taxes, license fees or other
similar charges on all equipment and supplies to be used
in the construction or maintenance of the road by the
United States and on personal effects of the construction
personnel;

(d) To remit income tax on the income of persons (including
corporations) resident in the United States who are em-
ployed on the construction or maintenance of the highway;
(e) To take the necessary steps to facilitate the admission into
Canada of such United States citizens as may be employed
on the construction or maintenance of the highway, it
being understood that the United States will undertake
to repatriate at its expense any such persons if the con-
tractors fail to do so;

(f) To permit those in charge of the construction of the road to

obtain timber, gravel and rock where such occurs on
Crown lands in the neighborhood of the right of way,
providing that the timber required shall be cut in accord-
ance with the directions of the appropriate Department of
the Government of the province in which it is located, or,
in the case of Dominion lands, in accordance with the
directions of the appropriate Department of the Canadian
Government.

4. If the Government of Canada agrees to this proposal, it is suggested
that the practical details involved in its execution be arranged directly
between the appropriate governmental agencies subject, when desir-
able, to confirmation by subsequent exchange of notes.

Accept, Sir, the renewed assurances of my highest consideration.
PIERREPONT MOFFAT

The Right Honorable

The SECRETARY OF STATE

FOR EXTERNAL Affairs,

American Minister.

Ottawa.

The Canadian Secretary of State for External Affairs to the American Minister

DEPARTMENT OF
EXTERNAL AFFAIRS

CANADA

No. 29. SIR,

OTTAWA, March 18, 1942.

I have the honour to acknowledge receipt of your Note of March 17, 1942, No. 626, in which you referred to the recommendation approved by the Permanent Joint Board on Defence, as a result of which the two Sections of the Board proposed to their respective Governments: "the construction of a highway along the route that follows the general line of airports, Fort St. John Fort Nelson - Watson Lake Whitehorse - Boundary Big Delta, the respective termini connecting with existing roads in Canada and Alaska.” 2. As announced on March 6, 1942, the Canadian Government has approved this recommendation and has accepted the offer of the United States Government to undertake the building and wartime maintenance of the highway which will connect the airports already constructed by Canada.

3. It is understood that the United States Government will

(a) Carry out the necessary surveys for which preliminary ar-
rangements have already been made, and construct a
Pioneer Road by the use of United States Engineer troops
for surveys and initial construction.

(b) Arrange for the highway's completion under contracts made
by the United States Public Roads Administration and
awarded with a view to insuring the execution of all con-
tracts in the shortest possible time without regard to
whether the contractors are Canadian or American.
(c) Maintain the highway until the termination of the present
war and for six months thereafter unless the Government
of Canada prefers to assume responsibility at an earlier
date for the maintenance of so much of it as lies in Canada.
(d) Agree that at the conclusion of the war that part of the
highway which lies in Canada shall become in all respects
an integral part of the Canadian highway system, subject
to the understanding that there shall at no time be imposed
any discriminatory conditions in relation to the use of the
road as between Canadian and United States civilian
traffic.

4. The Canadian Government agrees

(a) To acquire rights of way for the road in Canada (including the settlement of all local claims in this connection), the title to remain in the Crown in the right of Canada or of the Province of British Columbia as appears more con

venient;

(b) To waive import duties, transit or similar charges on shipments originating in the United States and to be transported over the highway to Alaska, or originating in Alaska and to be transported over the highway to the United States;

(c) To waive import duties, sales taxes, license fees or other similar charges on all equipment and supplies to be used in the construction or maintenance of the road by the United States and on personal effects of the construction personnel;

(d) To remit income tax on the income of persons (including corporations) resident in the United States who are employed on the construction or maintenance of the highway; (e) To take the necessary steps to facilitate the admission into Canada of such United States citizens as may be employed on the construction or maintenance of the highway, it being understood that the United States will undertake to repatriate at its expense any such persons if the contractors fail to do so;

(f) To permit those in charge of the construction of the road to obtain timber, gravel and rock where such occurs on Crown lands in the neighbourhood of the right of way, providing that the timber required shall be cut in accordance with the directions of the appropriate Department of the Government of the Province in which it is located, or, in the case of Dominion lands, in accordance with the directions of the appropriate Department of the Canadian Government.

5. The Canadian Government agrees to the suggestion that the practical details of the arrangement be worked out by direct contact between the appropriate governmental agencies subject, when desirable, to confirmation by subsequent exchange of notes.

Accept, Sir, the renewed assurances of my highest consideration. W. L. MACKENZIE KING

The UNITED STATES MINISTER TO CANADA,

Secretary of State
for External Affairs.

Ottawa.

May 7, 1942 [E. A. 8. 247]

34 U. 8. O. 441a.

Agreement between the United States of America and Brazil respecting a naval mission. Signed May 7, 1942; effective May 7, 1942.

AGREEMENT BETWEEN THE GOV-
ERNMENTS OF THE UNITED
STATES OF AMERICA AND THE
UNITED STATES OF BRAZIL

CONTRATO ENTRE OS GOVERNOS
DOS ESTADOS UNIDOS DA AME.
RICA E DOS ESTADOS UNIDOS
DO BRASIL

In conformity with the request De conformidade com o pedido of the Ambassador of the United feito pelo Embaixador dos Estados States of Brazil in Washington, Unidos do Brasil em Washington, D.C., to the Secretary of State, D.C., ao Secretário de Estado, o the President of the United States Presidente dos Estados Unidos da of America, by virtue of the América-usando da faculdade authority conferred by the act of que lhe confere a Lei do Congresso Congress (44 Stat. 565) of May (44 Stat. 565) de 19 de Maio de 19, 1926, entitled "An Act to 1926, denominada "Lei que autoAuthorize the President to Detail riza o Presidente a designar ofiOfficers and Enlisted Men of the ciais e pessoal subalterno do ExérUnited States Army, Navy and cito, da Marinha e do Corpo de Marine Corps to Assist the Gov- Infantaria de Marinha dos Estados ernments of the Latin-American Unidos da América para colaborar Republics in Military and Naval com os Governos das Repúblicas Matters", as amended by the Act Latino-Americanas em assuntos of May 14, 1935 (49 Stat. 218) to militares e navais", alterada pela include the Commonwealth of the Lei de 14 de Maio de 1935 (49) Philippine Islands, has authorized Stat. 218) que incluiu o "Comthe appointment of officers and monwealth" das Ilhas Filipinasenlisted men to constitute a Naval autorizou a nomeação de oficiais e Mission to the United States of de pessoal subalterno para consBrazil under the conditions speci- tituirem uma Missão Naval nos fied below: Estados Unidos do Brasil, sob as condições abaixo especificadas:

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ART. 1. The purpose of this ART. 19-Esta Missão tem por Mission is to cooperate with the fim cooperar com o Ministro e Minister of Marine of Brazil and Oficiais da Marinha do Brasil, no with the Officers of the Brazilian sentido de aumentar a eficiência da Navy, with a view to enhancing Marinha de Guerra brasileira. the efficiency of the Brazilian

Navy.

ART. 2.-This Mission shall ART. 20-Esta Missão terá a continue for a period of four years duração de quatro anos, a contar

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