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Meeting of Ministers of Foreign Affairs of the American Republics, held at Rio de Janeiro in the month of January 1942.
I take the liberty to transcribe below the text of Your Excellency's abovementioned note:
[For text of U.S. note, see above.]
In reply to the said note, I have the honor to state to Your Excellency that the Dominican Government accepts the general bases proposed therein for the said end, in the understanding that, as those general bases include all the details which were indicated by the Department of State for Health and Public Welfare of the Dominican Republic for the establishment and execution in the country of the said Inter-American Cooperative Service of Public Health, those details will be clarified subsequently by means of conversations between representatives sent by the Coordinator of Inter-American Affairs of the Government of the United States of America and the Department of State for Health and Public Welfare of the Dominican Republic.
I avail myself of this opportunity to renew to Your Excellency my highest and most distinguished consideration.
AVRA M. WARREN,
Ambassador Extraordinary and Plenipotentiary
Exchange of notes at Ciudad Trujillo October 14 and 19, 1943
57 Stat. 1180; Executive Agreement Series 353
The American Chargé d'Affaires ad interim to the Secretary
EMBASSY OF THE
UNITED STAtes of AmerICA
Ciudad Trujillo, D.R., October 14, 1943
I have the honor to refer to conversations which have taken place between officers of the Dominican Department of State for Foreign Affairs and of the Embassy with respect to compensation benefits which may be claimed by American citizens employed on projects under construction or operation by cost plus contractors with the Government of the United States in the Dominican Republic.
The Congress of the United States by Public Law 208, 77th Congress,1 as amended by Public Law 784, 77th Congress, has provided a mandatory and uniform system of compensation benefits as embodied in the Longshoremen's and Harbor Workers' Act, and administered by the United States Employees' Compensation Commission for American nationals employed by contractors in foreign countries on or in connection with United States Government projects.
The purpose of this legislation was two-fold (1) to insure that all American workmen engaged outside the United States on these Government projects would be treated equally and (2) since these American workmen have rights under the compensation acts of the country in which they are working in the absence of some arrangement with that country, there is every possibility of an American workman collecting double benefits. Such double benefits would be ultimately paid for by the United States Government since the contracts above referred to are on a cost-plus-a-fixed-fee basis under which the Government reimburses for such expenditures.
155 Stat. 622.
256 Stat. 1035.
Furthermore, in view of the fact that these workmen performing work in foreign countries are there temporarily it is necessary to provide them and their families (in the event of their death) with a system of benefits administered in the United States as well as in foreign countries, as is the situation under the Longshoremen's and Harbor Workers' Act. This is particularly true since in the event of a workman's disability or death, as the case may be, compensation payments to himself or dependents will continue for a long period of years. If some such arrangement had not been made by Congress (in the passage of Public Laws 208 and 784 hereinabove referred to) it would have been necessary for American workmen or their families to return to foreign countries in order to litigate or collect local compensation benefits.
It is the desire of the Government of the United States that Public Law 208, 77th Congress, as amended by Public Law 784, 77th Congress, will be made the exclusive remedy for workman's compensation, injury or death therein of American employees of American contractors with the United States Government.
Inasmuch as the insurance furnished these American employers is written by American companies it would be appreciated if Your Excellency's government would permit American insurance companies to service the insured risks involved, by furnishing claim adjustors and safety engineers and to maintain any facilities that may be necessary solely and only for such purpose.
I avail myself of the opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration.
ROBERT NEWBEGIN Chargé d'Affaires ad interim
MANUEL PEÑA BATLLE
Secretary of State for Foreign Affairs
Ciudad Trujillo, D.R.
The Secretary of State for Foreign Affairs to the American
I have the honor to acknowledge receipt of your note 141 of October 14, 1943, in which the Embassy, in the name of the Government of the United
States, transmits to the Dominican Government the request quoted below in Spanish translation:
[For text of U.S. note, see above.]
M. PEÑA BATLLE
Chargé d'Affaires ad interim
of the United States of America,
PURCHASE OF FOOD SURPLUSES
Exchange of notes at Ciudad Trujillo December 17, 1943, and February 11, 1944, approving memorandum of understanding dated November 1, 1943
Entered into force February 11, 1944
Expired July 1, 1945
58 Stat. 1273; Executive Agreement Series 404
The American Ambassador to the Secretary of State for Foreign Affairs
EMBASSY OF THE
UNITED STATES OF AMERICA
Ciudad Trujillo, D.R., December 17, 1943
I have the honor to refer to recent conversations held in Washington between the Special Representative of the Dominican Government, Sr. Manuel de Moya, and representatives of the interested agencies of my government, regarding the purchase by the Government of the United States of the exportable surpluses of a number of Dominican food products.
I enclose herewith a "Memorandum of Understanding" dated November 1, 1943 containing a statement of the agreements which were arrived at as a result of the above-mentioned conversations. For purposes of clarification, I am instructed to point out it is the understanding of my Government that paragraph 8(a) of the Memorandum means that the Commodity Credit Corporation or its nominee is guaranteed the entire exportable surplus of live cattle and that no frozen or prepared beef may be exported in any month until the Commodity Credit Corporation or its nominee has received in that month 1000 head in live form. If the Dominican Government concurs in this understanding, I should appreciate confirmation of such concurrence.
I also desire to invite Your Excellency's attention to paragraph number 3 of the "Memorandum of Understanding", which provides that, upon the exchange of notes, adequate publicity to the contents thereof will be given simultaneously in the United States and in the Dominican Republic. I should therefore appreciate information from Your Excellency at the time of exchange of notes as to the manner of the proposed announcement of the Dominican Government and the date on which its announcement will be made. This information is desired in order that public announcement may