File No. 865.51/39
The Assistant Secretary of the Treasury
(
Crosby) to
the Secretary of State
Washington,
August 31, 1917.
My Dear Mr. Secretary: On behalf of the
Secretary, I beg to send you for the files of your Department the
enclosed copy of the purchasing commission agreement of August 27,
signed by the Secretary of the Treasury and the Italian Ambassador,
for and on behalf of the Italian Government. Similar agreements were
signed on August 24 for the British, French and Russian Governments,
and on the 25th for the Belgian and Serbian Governments. Except for
modifications as to the countries concerned, they are identical in
form with the copy herewith enclosed, and unless your Department
particularly desires to have separate copies of each agreement,
those for the five countries named will not be prepared and
forwarded for your files.
Very truly yours,
[Page 566]
[Enclosure]
Purchasing Commission Agreement of August 27,
1917, between the Secretary of the Treasury (
McAdoo) and the Italian Ambassador (
Macchi di Cellere)
Memorandum of an arrangement entered
into this 27th day of August, 1917, by the Secretary of the
Treasury, with the approval of the President of the United
States, and Count V. Macchi di
Cellere, acting for and on behalf of the Royal
Italian Government.
The following arrangement is entered into as one of the
arrangements necessary or desirable for establishing such
credits in the United States for the Royal Italian Government as
may from time to time be determined by the Secretary of the
Treasury, with the approval of the President, under the
authority of the act of Congress approved April 24, 1917, or any
subsequent similar act.
- 1.
-
Bernard M. Baruch, Robert S.
Lovett and Robert S.
Brookings are hereby designated a commission
through whom or with whose approval or consent all purchases
in the United States of materials and supplies by or on
behalf of the Royal Italian Government shall be made.
- 2.
- The Royal Italian Government, from time to time, shall,
subject to the provision of article 4 hereof, communicate
its requirements for materials and supplies to the
commission through such person or persons as shall be from
time to time designated to the commission as empowered by
the Royal Italian Government to make purchases on its
behalf.
- 3.
- It shall be the duty of the commission, subject to the
provision of article 4 hereof, to use their best efforts to
obtain offers of the materials and supplies so shown to be
required, at the best obtainable prices and terms, of
delivery and otherwise, and to submit the same to the said
person or persons representing the Royal Italian Government,
but it shall be no part of the duty of the commission to
prepare and sign contracts, or to supervise their execution,
or to determine technical details, or to carry out the
inspection of materials, all of which matters shall be the
concern of the Royal Italian Government. Said Government
shall be under no obligation to make purchases of materials
and supplies at the prices and upon the terms so submitted
by the commission, but it is agreed that it shall not,
during the continuance of this arrangement, make purchases
in the United States otherwise than through or with the
approval or consent of the commission. Such approval of the
commission may be given from time to time, according to the
circumstances of each case, with reference to purchases of a
specified general character, or specifically with reference
to stated transactions; and the commission may, according to
the circumstances of each case, determine from time to time
to give its consent, with reference to purchases
[Page 567]
of a specified
general character or specifically with reference to stated
transactions, that the same be made without the intervention
of the commission.
- 4.
- Since other foreign governments engaged in war with the
enemies of the United States may have entered or may enter
into similar arrangements with the Secretary of the
Treasury, with the approval of the President of the United
States, it is understood that all such foreign governments
shall agree among themselves as to their several
requirements and as to the priorities of delivery desired to
be observed as between them in respect to matters of major
importance. Such agreement may be arrived at by an
Inter-Allied Council sitting in Europe, or, pending the
establishment of such council, by representatives of the
Allied Governments acting in the United States. The
commission, in making negotiations and arranging for
deliveries, shall take into consideration the
recommendations of such foreign governments, so arrived at,
and it shall be guided, so far as practicable, by such
recommendations, as well as by the conditions existing in
the United States with reference to the possibilities of
production and manufacture and the requirements of the
United States.
- 5.
- The Royal Italian Government shall use its best efforts to
the end that this arrangement shall extend to and bind the
colonies and dependencies of the Royal Italian Government
beyond the seas.
- 6.
- The commission shall determine their own organization and
rules and methods of procedure, and may employ counsel and
clerical assistance, all subject to the approval of the
Secretary of the Treasury. The commission shall be under no
liability except in good faith to use their best efforts as
aforesaid. The expenses of the commission and their
compensation, which together shall not exceed $150,000 per
annum, shall be borne by the Royal Italian Government. It is
understood that in the event of other foreign governments
entering into similar arrangements, such expenses and
compensations shall be borne by each of them in proportion
to the purchases of such foreign government through the
commission.
- 7.
- Any or all members of the commission may be removed by the
President of the United States, who may, from time to time
fill vacancies, and designate an additional member or
members of the commission, or reduce the number of members
of the commission.
- 8.
- This arrangement shall continue until the expiration of
ninety days after written notice shall have been given by
the Secretary of the Treasury to the Royal Italian
Government, or by the Royal Italian Government to the
Secretary of the Treasury, of his or its desire to terminate
the same; but in no case shall this arrangement continue
beyond the termination of the war between the United States
and its enemies.
- 9.
- Any notice hereunder to the Secretary of the Treasury
shall be deemed sufficiently given if delivered at the State
Department in Washington for transmission to the Secretary
of the Treasury. Any notice hereunder to the Royal Italian
Government shall be deemed sufficiently given if delivered,
addressed to said Royal Italian Government, to its agent
designated as herein provided, or at the Embassy of said
Government in Washington.
- 10.
- Nothing herein contained, expressed or implied, nor
anything done or omitted by the commission, shall impose any
obligation or liability upon the United States whether to
advance moneys, to establish credits, or otherwise.
__________
Secretary of the Treasury
__________
Ambassador Extraordinary and Plenipotentiary,
for and on behalf of the Royal Italian Government