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Exchange of Letters Amending the Economic Cooperation Agreement (As Amended) between the Government of the United States of America and the Government of he French Republic Signed At Paris On 28 June 1948 [1948] PITSE 5 (21 September 1948)

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EXCHANGE OF LETTERS AMENDING THE ECONOMIC COOPERATION AGREEMENT (AS AMENDED) BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE FRENCH REPUBLIC SIGNED AT PARIS ON 28 JUNE 1948

21 September 1948

ENTRY INTO FORCE: 8 OCTOBER 1948

The American Embassy to the Ministry for Foreign Affairs
No. 907

EMBASSY OF THE UNITED STATES OF AMERICA,

Paris, September 21, 1948

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and has the honor to refer to the Economic Cooperation Agreement between the United States of America and France signed on June 28, 1948. Examination of the official text of this Agreement has revealed a clerical error in Article XII, paragraph 2, which seriously affects the substance of this paragraph. The proviso at the end of subparagraph (b) which reads:

"provided, however, that Article V and paragraph 3 of Article VII shall remain in effect until two years after the date of such notice of intention to terminate, but not later than June 30, 1953."
 
should begin at the margin and should not be a part of sub-paragraph (b). In other words, this proviso should modify both sub-paragraph (a) and sub-paragraph (b).

The Embassy suggests that this note and the reply of the Foreign Office should constitute a recognition by the two Governments of the clerical error mentioned above and their agreement that the proviso applies to termination under both sub-paragraph (a) and sub-paragraph (b) of Article XII, paragraph 2, of the Agreement under reference.

The Ministry for Foreign Affairs to the American Embassy

[TRANSLATION]

FRENCH REPUBLIC MINISTRY FOR FOREIGN AFFAIRS
Economic Cooperation Service
Liberty, Equality, Fraternity

PARIS

The Ministry of Foreign Affairs presents its compliments to the Embassy of the United States and, in reply to the Embassy's note of September 21, with regard to the interpretation of Article XII, paragraph 2, of the Economic Cooperation Agreement between France and the United States of America relating to the application of the European recovery program, has the honor to inform it that the French text of this Agreement, as worded, does not contain any error in presentation.

The only interpretation it is possible to give to the original document in the French language is in conformity with that indicated by the Embassy of the United States in note No. 907, that is, that  the reservation which is at the end of sub-paragraph (b):

". . . etant entendu toutefois que l'Article V et le paragraphe 3 de l'Article VII resteront en vigueur deux ans apres la date de la notification de l'intention de mettre fin a l'Accord, mais en aucun cas apres le 30 Juin 1953."
 
modifies both sub-paragraph (a) and sub-paragraph (b).

Consequently, the Ministry of Foreign Affairs has the honor to inform the Embassy of the United States that it is in agreement that the official text in the English language relating to Article XII, paragraph (b), should be amended in its presentation, in conformity with the indications given in note No. 907 of the Embassy of the United States, but that it considers it unnecessary to make an amendment in the original text in the French language.

SIGNATORIES:

D.J.R.
THE MINISTRY OF FOREIGN AFFAIRS, Paris.

OCT. 8, 1948
EMBASSY OF THE UNITED STATES Paris.