ment of the United States of Venezuela shall not exceed the cost of transporting the remains from the place of decease to New York City. Should the deceased be a member of the Mission, his services with the Mission shall be considered to have terminated fifteen (15) days after his death. Return transportation to New York City for the family of the deceased member and for their baggage, household effects and automobile shall be provided as prescribed in Article 15. All compensation due the deceased Mission member, including salary for fifteen (15) days subsequent to his death, and reimbursement for expenses and transportation due the deceased member for travel performed on official business of the Government of the United States of Venezuela, shall be paid to the widow of the deceased member or to any person who may have been designated in writing by the deceased while serving under the terms of this Agreement; but such widow or other person shall not be compensated for accrued leave due and not taken by the deceased. All compensations due the widow, or other person designated by the deceased, under the provisions of this Article, shall be paid within fifteen (15) days of the decease of the said member. TITLE V Requisites and Conditions ARTICLE 22. So long as this Agreement, or any extension thereof, is in effect, the Government of the United States of Venezuela shall not engage the services of any personnel of any other foreign government for duties of any nature connected with the Venezuelan Army except by mutual agreement with the Government of the United States of America. ARTICLE 23. Each member of the Mission shall agree not to divulge or in any way disclose to any foreign government or to any person whatsoever any secret or confidential matter of which he may become cognizant in his capacity as a member of the Mission. This requirement shall continue in force after the termination of service with the Mission and after the expiration or cancellation of this Agreement or any extension thereof. ARTICLE 24. All writings and inventions made by members of the Mission in connection with and as a result of the performance of official duties as members of the Mission shall be the exclusive property of the Venezuelan Army, provided however that the United States of America shall have the right to publish, use and sell such writings, and to make, have made, use and sell or otherwise dispose of such inventions without payment of royalties to the United States of Venezuela or to the author or inventor. ARTICLE 25. Throughout this Agreement the term "family" is limited to mean wife and dependent children. ARTICLE 26. Each member of the Mission shall be entitled to one month's annual leave with pay, or to a proportional part thereof with pay for any fractional part of a year. Unused portions of said leave shall be cumulative from year to year during service as a member of the Mission. ARTICLE 27. The leave specified in the preceding Article may be spent in Venezuela, in the United States of America, or in other countries, but the expense of travel and transportation not otherwise provided for in this Agreement shall be borne by the member of the Mission taking such leave. All travel time shall count as leave and shall not be in addition to the time authorized in the preceding Article. ARTICLE 28. The Government of the United States of Venezuela agrees to grant the leave specified in Article 26 upon receipt of written application, approved by the Chief of the Mission, with due consideration for the convenience of the Government of the United States of Venezuela. ARTICLE 29. Members of the Mission that may be replaced shall terminate their services on the Mission only upon the arrival of their replacements, except when otherwise mutually agreed upon in advance by the respective Governments. ARTICLE 30. The Government of the United States of Venezuela shall provide for the members of the Mission free medical attention in the Venezuelan military and naval hospitals, and it shall also establish annually a fund which shall not exceed twenty percent (20%) of the total amount of the annual salaries of the members of the Mission for their medical attention and that of their families when, with the approval of the Ministry of War and Marine, hospitals are utilized that are not military or naval hospitals of Venezuela. If the member of the Mission who is hospitalized is an officer or a member of his family, the officer concerned shall pay for his subsistence, but if it is a member of the subordinate personnel the Government of the United States of Venezuela shall pay for his subsistence. The Government of the United States of Venezuela will not be responsible for charges for services of this character incurred outside of Venezuela. The expenditures from this fund shall be made only at the request of the Chief of the Mission. The Government of the United States of Venezuela shall not be responsible for indemnifications for professional risks. ARTICLE 31. Any member of the Mission unable to perform his duties with the Mission by reason of long continued physical disability shall be replaced. IN WITNESS WHEREOF, the undersigned, James F. Byrnes, Secretary of State of the United States of America, and A. Machado-Hernández, Ambassador Extraordinary and Plenipotentiary of the United States of Venezuela in Washington, duly authorized thereto, have signed this Agreement in duplicate, in the English and Spanish languages, in Washington, this third day of June, one thousand nine hundred forty-six. For the Government of the United States of America: For the Government of the United States of Venezuela: HEALTH AND SANITATION PROGRAM Exchange of notes at Caracas June 30, 1947, modifying and extending Entered into force June 30, 1947; operative from January 1, 1947 1 61 Stat. 3271; Treaties and Other The Minister of Foreign Affairs to the American Chargé d'Affaires ad interim [TRANSLATION] UNITED STATES OF VENEZUELA No. 2953 MR. CHARGÉ D'AFFAIRES: CARACAS, June 30, 1947 With reference to your Embassy's courteous note No. 2591, dated January 30, 1947, and as a result of the conversations held subsequently, I have the honor to confirm that it has been agreed between the Governments of the United States of Venezuela and the United States of America to extend a second time, for an additional period of 18 months, beginning January 1, 1947, the cooperative program of health and sanitation which is being carried out by the Oficina Cooperativa Interamericana de Salud Pública in conformity with the Modus-Vivendi concluded by an exchange of notes, dated February 18, 1943,1 which was first extended, through the same procedure, on June 28, 1944,2 for a period of 30 months which expired on December 31, 1946. The extension to which the present communication refers shall be effected subject to the following provisions: First: It is considered that the financial obligations of the Institute of Inter-American Affairs and the Government of Venezuela, derived from the initial Modus-Vivendi, have been fulfilled, on the part of the said Institute, by the contribution of $950,000 (American dollars) furnished in the manner specified, and on the part of the Government of Venezuela, by the investment of Bs. 2.00 for each dollar contributed by the former. Likewise, it is recog nized that the obligations of the same nature resulting from the first extension of the Modus-Vivendi have been fulfilled, on the part of the said Institute, by the contribution of $500,000 (American currency), in the manner specified, and on the part of the Government of Venezula, by the investment of a sum in bolivars equivalent to $500,000 (American currency). Any unexpended sum remaining from those contributions at the end of the first period of extension (June, 1944 to December, 1946) shall be available for the cooperative program of health and sanitation agreed upon in this communica tion. Second: The Institute shall continue to be represented in Venezuela by a group of its personnel, known by the name of Mission of the Institute of InterAmerican Affairs in Venezuela, and the Chief of the said Mission shall continue to act as Director of the Oficina Cooperativa Interamericana de Salud Pública for the period of this extension. Third: The cooperative program of health and sanitation shall be financed by the Contracting Parties during the period of extension indicated in this Agreement, in the following manner: (a) The Institute shall contribute a sum not to exceed $166,000 (American dollars) of which $25,000 shall be deposited to the account of the Oficina Cooperativa Interamericana de Salud Pública in the following manner: The remainder of the $166,000, that is, $141,000 shall be contributed in accordance with the terms of paragraph (c) of this clause. (b) The Institute may retain from the deposits indicated in paragraph (a) of the present clause the estimated sum which the Ministry of Health and Social Assistance and the Chief of the Mission may deem necessary for the purchase of material and equipment in the United States of America and for any other expenditure connected with the execution of this program. Any funds so retained by the Institute shall be considered as deposited under the terms contained in paragraph (a). If the said sums are not spent or allotted for such purposes, they shall be deposited to the order of the Oficina at any time, by mutual agreement between the Ministry and the Chief of the Mission. (c) In addition to the sum which shall be deposited to the account of the Oficina in accordance with paragraph (a), the Institute shall make, separately, the allocation of the necessary funds to pay the salaries, maintenance, transportation and traveling expenses, and other administrative expenses of the employees of the Mission or other employees of the Institute in the United States of Venezuela during the period of this extension. From this estimated sum of $141,000.00 the sum necessary for the above-mentioned purposes shall 308-581-74-77 be taken. The said funds shall be used by the Chief of the Mission in the United States of Venezuela separately from the funds which are deposited by the Institute to the account of the Oficina. (d) The Government of the United States of Venezuela shall deposit to the account of the Oficina the equivalent in bolivars of $250,000 (American dollars) at the exchange rate of Bs. 3.33 for each dollar, in the following manner: During the month of January, 1947 Total $68,468.46 (Bs. 228,000) $181,531.54 (Bs. 604,500) $250,000.00 (Bs. 832,500) (e) The manner of making the deposits which are specified in paragraphs (a) and (d) may be modified, according to the requirements of the program, by a written agreement concluded between the Ministry and the Chief of the Mission. (f) In addition to the contributions indicated in paragraphs (a) and (d), the Oficina may receive contributions of any other origin and spend them in the same manner as the funds mentioned above and for the purposes and objectives of the Program of Health and Sanitation. (g) Any sum or property acquired by the Oficina, which has not been spent, utilized or allotted at the expiration of the period indicated in this extension, shall remain the property of the Government of the United States of Venezuela and shall continue to be used for the purposes established by the Cooperative Program. Nevertheless, to ensure the attainment of the objective of the said Program, the Ministry and the Chief of the Mission shall determine by mutual agreement the exact use and disposal which shall be made of the money and properties not used and not allotted at the termination of this Agreement. (h) By mutual agreement between the Ministry and the Chief of the Mission, the funds of the Oficina may be used to reimburse for or pay the salaries, maintenance, traveling expenses or other expenses of such additional members of the Mission or other employees of the Institute as the Contracting Parties may deem it necessary to employ. These funds may be appropriated or granted for such purposes by the Oficina to the Institute or to any other organization, but in each case the Ministry and the Chief of the Mission shall conclude a project agreement specifying the purposes and all the conditions for granting such appropriations. Fourth: The Cooperative Program of Health and Sanitation shall continue to be carried out through individual Projects which shall have as their principal objective the construction and installation of waterworks in the rural communities of the United States of Venezuela and any other enterprise which affects the health and sanitation of the Venezuelan people. Each Project shall be provided for in a Project Agreement which shall be signed |