' . . .. .. , ... > 

.. 

" 

' .. 

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 201/J 

MUTUAL DEFENSE ASSISTANCE 

Agreement between the 

UNITED STATES OF AMERICA. 

and the UNITED KINGDOM OF 

GREAT BRITAIN and NORTHERN 

IRELAND 

• Signed at Washington January 27, 1950 

• Entered into force January 27, 1950 

• 

@'pproved for Release by NSA on 01-02-2014 pursuantto E.O. 1352a 
• 

• 

- REF ID-:A69611 • 

,1 

DEPARTMENT OF STATE 

PUBLICATION 3770 

[Literal print] 

UNITED 

GOVERNMENT PRINTING OFFICE 

W ASWNGTON : 1950 

l<'ur sale by the Superintenilenl of Documents, U.S. Government Printing Office 

Washington 25, D.C. : Price 10 cents 
't)mF ID: A69611 • 

MUTUAL DEFENSE ASSISTANCE AGl\EEMENT BETWEEN 

THE UNITED STATES OF AMERICA AND ';f~E. U~ITEJ? 

KINGDOM OF GREAT BRITAIN .A.ND NORTHERN IRELAND 

' . 

The Governments of the United States of .America and the United • 

Kingdom of Great Britain and Northern Ireland; · · 

Being parties to the North Atlantic Treaty signed at WashingtOn 

onApril4,1949;[1] • '' '·' 

Considering their reciprocal pledges under Article 3 o:f the North 

Atlantic Treaty separately and jointly with the other' parties', 'by 

means of continuous and effective self-help and mutual aid, to main~ 

tain and develop their individual and collective capacity to resist 

armedattack; ' '' ....... . 

Desiring to foster international peace' and soo~rity; with.In the 

framework of the Charter of the United. Nations [2) through measures which will furliie~ the ability of nations dedicated io the purposes and principles of the Charter to . .P.articipate effectively in 

!lrrangements for individual and collective' 'setf:de~ense' h1,"support 

of those purpO.s'es a:D.'d principles; · - ' · · ·· ' ' · 

Reaffirming their determination to liive their full c0o~eraiicin' ta 

the efforts to provide the United Nations' with arixi'ed':forees as con~ 

templated by the Charter and to obtain agreement' o:h Uhlversal regulation and reduction of armaments under adequate guarantee against 

violation; 

Recognizing that the increased cbhfidence of free peoples in tlieir 

own ability to resist aggression wili advance' ecbn'.omic recovery; . 

Taking into consideration the support that has been brought to 

these principles by the Government of the United Kingdom in affording military assistance to other parties of the North Atlantic Treat~ 

and by the Government of the United States of America in enacting 

the Mutual Defense Assistance Act of 1949 [8] which provides for 

the furnishing of military assistance to nations which have joined 

with it in collective security arrangements; 

1 Treaties and Other International Acts Serles 1964. 

• Treaty Serles 993 ; 59 Stat. 1031. 

•Public Law 329, 81.st Cong. ; 63 Stat. 714. 

(1) 
.. 

REF IO-:A69611 

[No. 2017] 2 

Desiring to set forth the conditions which will govern the furnishing 

of military assistance by one contracting ·Government to the other 

under this Agreement; t 

Have agreed as follows: .. \ 

ARTICLE I 

1. Each contracting Government, consistently with the principle 

that economic recovery is essential to international peace and security 

and must be given clear priority, and in accordance with its obligations 

under Article 3 of the North Atlantic Treaty, will make available to 

the other such equipment, materials, services, or other military assistance as the contracting Government furnishing such assistance may 

authorize, in accordance with detailed arrangements from time to 

time to be made between them. The Government of the United Kingdom in fulfilment of its obligations under Article 3 of the North 

Atlantic Treaty will furnish or continue to furnish to other parties 

to the North Atlantic Treaty such equipment, materials, services, or 

other military assistance as it may authorize. The furnishing of 

assistance by the Government of the United States of America under 

this Agreement will be under the provisions, and subject to all the 

terms, conditions, and termination provisions of the Mutual Defense 

Assistance Act of 1949, acts amendatory and supplementary thereto 

and appropriation acts thereunder. 

2. Such assistance shall be so designed as to promote the integrated 

defense of the North Atlantic area and to facilitate the development 

of, or be in accordance with, defense plans under Article 9 of the 

North Atlantic Treaty approved by each contracting Government. 

ARTICLE II 

1. Each contracting Government undertakes to make effective use 

of assistance received pursuant to Article I of this Agreement 

(a) for the purpose of promoting an integrated defense of the 

North Atlantic Area, and for facilitating the development of defense 

plans under Article 9 of the North Atlantic Treaty; and 

(b) in accordance with defense plans formulated by the North 

Atlantic Treaty Organization, recommended by the North Atlantic 

Treaty Council and Defense Committee, and agreed to by the two 

contracting Governments. 

2. Neither contracting Government, without the prior consent of 

the other, will devote assistance furnished to it by the other contracting Government to purposes other than those for which it was 

furnished. 
• 

REF rr{;_A69611 

3 [No. 2017] 

ARTICLE III t I 

In the common security interest of both contradt!ng Governments, 

each contracting Government undertakes not to·trari.sfer to any person 

not an officer or agent of such contracting Govethment, or to any other 

nation, title to or possession of any equipment, materials, or services, 

furnished on a grant basis, without the prior consent of the contracting Government furnishing such equipment, materials, or services. 

ARTICLE IV 

The provisions of Article V of the Economic Cooperation Agreement signed at London on July 6, 1948, shall be regarded as an integral 

part of this Agreement. 

ARTICLE v 

1. Each contracting Government will take such security measures 

as may be agreed in each case between the two contracting Governments in order to prevent the disclosure or compromise of any classified 

military articles, services, or information furnished by the other 

contracting Government pursuant to this Agreement. 

2. Each contracting Government will take appropriate measures 

consistent with security to keep the public informed of activities under 

this Agreement. 

ARTICLE VI 

1. The two contracting Governments will negotiate appropriate 

arrangements between them respecting responsibility for claims for 

the use or infringement of inventions covered by patents or patent 

applications, trademarks, or copyrights, or other similar claims arising 

from the use of devices, processes, or technological information in connection with equipment, materials, or services furnished pursuant to 

this Agreement, or furnished in the interests of production undertaken by agreement between the two contracting Governments in implementation of the pledges of self-help and mutual aid contained in 

the North Atlantic Treaty. 

ARTICLE VII 

1. Subject to the provision of the necessary appropriations, the 

Government of the United Kingdom will make available to the Government of the United States of America sterling for the use of the 

latter Government for its administrative expenditures within the 

United Kingdom in connection with assistance furnished by the Government of the United States of America to the Government of the 

United Kingdom under this Agreement. 

2. The two contracting Governments will initiate forthwith discussions with a view to determining the amount of such sterling and 

agreeing upon arrangements for the furnishing of such sterling. 
·' , 

REF ID:A69611 

[No. 2017] 4 

ARTICLE VIII • I 

1. Except as otherwise agreed, the Goverimlent of the United Kingdom will grant exemption from customs. duties and other taxes on 

importation and also from taxes on expQ:rlation, in respect of goods 

owned by the Government of the United States of America and imported by it into the United Kingdom as assistance under this Agree· 

mentor as assistance under any similar agreement between the United 

States of America and any other party to the North Atlantic Treaty". 

2. Goods imported under this exemption may not be disposed of 

by way either of sale or gift in the country into which they have 

been imported, except to a Government party to the North Atlantic 

Treaty or under conditions agreed with the Government of the country 

into which they have been imported. 

ARTICLE IX 

1. Each contracting Government agrees to receive personnel of the 

other contracting Government who will discharge in its territories 

the responsibilities of the latter Government under this Agreement 

and will be accorded facilities to observe the progress of assistance 

furnished in pursuance of this Agreement. 

2. Such personnel will, in their relations to the Government of 

the country to which they are assigned, operate as part of the Embassy under the direction and control of the Chief of the Diplomatic 

Mission of the Government which they are serving. 

3. The Government of the United Kingdom will, upon appropriate 

notification from the Ambassa.dor of the United States of America 

in the United Kingdom, consider such personnel as part of the Embassy of the United States of America in the United Kingdom for 

the purpose of enjoying the privileges and immunities accorded to 

that Embassy and its personnel of comparable rank. 

ARTICLE x 

The furnishing of any assistance under this Agreement shall be 

consistent with the obligations of the two contracting Governments 

under the Charter of the United Nations and under Article 3 of the 

North Atlantic Treaty. 

ARTICLE XI 

1. The two contracting Governments will, upon the request of 

either of them, consult regarding any matter relating to the application of this Agreement or to operations or arrangements carried out 

pursuant to this Agreement. 

2. The terms of this Agreement shall at any time be reviewed at 

the request of either contracting Government.· Such review shall 
REF ID:A69611 

5 [No. 2017) 

take into account, where appropriate, agree:f.llents concluded by either 

contracting Government in connection witH the carrying out of 

.Article 9 of the North .Atlantic Treaty. 

3. This Agreement may be amended itt any time by agreement 

between the two contracting Governments. 

ARTICLE XII 

1. This Agreement shall enter into force on notification to the 

Government of the United States of America by the Government of 

the United Kingdom of its acceptance thereof. [1 ] 

2. This Agreement will terminate one year after the receipt of 

notification by either contracting Government of the intention of 

the other to terminate it. 

3. The Annexes to this Agreement form an integral part thereof. 

In witness whereof the respective representatives, duly authorized 

for the purpose, have signed the present Agreement. 

Done at Washington, in duplicate, this twenty-seventh day of 

January, 1950. 

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: 

DEAN ACHESON 

FOR THE GOVERNMENT OF THE UNITED KINGDOM: OF GREAT 

BRITAIN AND NORTHERN IRELAND: 

OLIVER FRANKS. 

1 Jan. 27, 1950. Notification received by a note, dated Jan. 27, 1950, from the 

British Ambassador to the Secretary of State. 
[No. 2017] 6 

REF ID:A69611 

ANNEX A 

During the course of negotiations, represemtatives of the two contracting Governments have stated their ~nd.erstanding that either 

contracting Government shall be free at a11.y time to suspend or terminate the furnishing of assistance undey\ Article I of the Mutual 

Defense Assistance Agreement. 
J 

7 REF ID c:rA.6>9611 

ANNEX B 

In the course of discussions of the Mutual Defe11se !Assistance Agreement under the United States Mutual Defense Assi~ance Act of 1949, 

the following understandings were reached by the representatives of 

the Governments of the United States of Am\trica and the United 

Kingdom: 

1. For the purposes of Article II, fungible materials and minor 

items of equipment which, for all practical purposes, are fungible, 

shall be treated as such. Accordingly, in the case of such fungible 

materials or equipment, the requirements of Article II will be satisfied if each contracting Government devotes to the purposes of this 

Article either the particular items furnished or an equinlent quantity 

of similar and substitutable items. 

2. Similarly, in the case of finished products manufactured by either 

contracting Government with assistance furnished under this Agreement, the requirements of Article II will be satisfied if the recipient 

Government devotes to the purposes of Article II either such finished 

products or an equivalent quantity of similar and substitutable finished products. . 

3. Further, in the light of paragraphs 1 and 2 above, neither contracting Government will refuse its consent under Article III to the 

transfer of a major item of indigenous equipment merely because there 

may have been incorporated into it as an identifiable component part 

a relatively small and unimportant item of assistance furnished under this Agreement by the other contracting Government. The two 

contracting Governments will forthwith discuss detailed arrangements 

for a practical procedure for granting consent in respect of the types 

of transfer referred to in this paragraph. 

4. Each contracting Government will nevertheless make all practicable efforts to use items of assistance for the purposes for which they 

may have been furnished by the other. 

62129-l!0-2 
[No. 2017) 8 REF ID:A69611 

ANNEX C 

It is understood that for the purpose q:f furthering the mutual 

defense of the two countries the obligations uti'.dertaken by the Government of the United Kingdom by virtue of Article IV of the Mutual Defense Assistance Agreement will• ~ontinue to apply to the 

United Kingdom of Great Britain and Northern Ireland after the 

termination of the Economic Cooperation Agreement. The Government of the United Kingdom intends to consult the Governments 

of the territories to which the Economic Cooperation Agreement has 

been or may be extended under Article XII of that Agreement with 

a view to securing their consent to the continued extension to those 

territories of the provisions of Article V of the Economic Cooperation Agreement, so long as those provisions remain an integral part 

of the Mutual Defense Assistance Agreement. 
9 

ANNEX D 

During the course of the negotiations of the Muf1;lal Defense A.ssistnnce .A.greeme.nt, the representatives of the two oontracting Governments have reached the understarnling that the following point~ will 

be considered in the negotiations provided for th Article VI: 

(a) The inclusion of nn undertaking whereby each contracting 

( i-overnment would assume the responsibility for all the patent or 

similar claims of its nationals referred to in Article VI of the said 

Agreement and for such claims 1irising in its jurisdiction of nationals 

of a.ny country not a party to this Agreement. 

(b) The terms on which inventions woul<l be conununirnted to 

contractors with a view to protecting the commercial rights of 

inventors. 

(c) Rights in improvements or other modifications of patented 

inventions. 

( d) Arrangements for the protection of secret processes and 

secret technological information, us distinC't from patented and 

patentable inventions. 

( e) The system for disclosing the users and the extent of the use 

of the patents, trade secrets iind copyrights referred to in Article VI. 
[No. 2017] 10 REF ID:A69611 

ANNEXE 

Provision is made in Article VII, paragraph ti,, of the Mutual Defense Assistance Agreement as follows: ~ 

"Subject to the provision of the necessjify ap0propriations, the 

Government of the United Kingdom will make available to the 

Government of the United States of America sterling for the use of 

the latter Government for its administrative expenditures within 

the United Kingdom in connection with assistance furnished by the 

Government of the United States of America to the Government of 

the United Kingdom under this Agreement." 

In the course of discussions on the Agreement, representatives of 

the Government of the United States of America stated that in the 

event that the Government of the United Kingdom shall in the future 

furnish grant assistance to the Government of the United States of 

America, involving the delivery of materials and equipment to the 

United States, the Government of the United States of America, if so 

requested by the Government of the United Kingdom, and subject to 

legislative authorization, shall provide dollars for the use of the Government of the United Kingdom for its administrative expenditures 

within the United States in connection with the furnishing of such 

assistance. The representatives of the Government of the United 

States of America advised the representatives of the Government of 

the United Kingdom that dollar expenditures in the United States 

which may be incurred as a result of the training of British personnel 

in the United States under this Agreement can be met out of funds 

made available under the United States Mutual Defense Assistance 

Act of 1949. 
REF ID:A69611 

11 [No.2017] 

ANNEX F • i 

In implementation of paragraph 1 of Article VII of the Mutual 

· Defense Assistance Agreement between the Govermile:ats of the United 

States of America and the United Kingdom, the Government of the 

United Kingdom will deposit sterling at such times as requested in 

an account designated by the United States Embassy at London, not 

to exceed in total £53,500 for its use on behalf of the Government of 

the United States for administrative expenditures within the United 

Kingdom in connection with carrying out that Agreement for the 

period ending June 30, 1950. 
~ 

REF ID:A69611 

[No.2017] 12 

ANNEX G : I 

~ 

Provision is made in Article VIII, paragraph ~' of the Mutual 

Defense Assistance Agreement, as follows : ,' \ • 

"Except as otherwise agreed, the Government of the United Kingdom will grant exemption from customs duties and other taxes 

on importation and also from taxes on exportation, in respect of 

goods owned by the Government of the United States of America 

and imported by it into the United Kingdom as assistance under 

this Agreement or as assistance under any similar agreement between 

the United States of America and any other party to the North 

Atlantic Treaty." 

In the course of discussions on the Agreement, representatives of 

the Government of the United States of America stated that in the 

event that the Government of the United Kingdom shall in the future 

furnish grant assistance to the Government of the United States of 

America, involving the delivery of materials and equipment to the 

United States, the Government of the United States of America, if so 

requested by the Government of the United Kingdom, and subject to 

legislative authorization, will, except as otherwise agreed to, grant 

duty-free treatment and exemption from internal taxation upon importation or exportation to such materials and equipment imported 

into its territory in connection with this Agreement. 
13 

ANNEX H 

REF !:A69611 

[No. 2V:i.ij 

With respect to .Article VIII, paragraph 1/o(the Mutual Defense 

.Assistance .Agreement, the representatives of the United Kingdom 

stated that arrangements would be made whej~ver i}ossible within the 

framework of existing United Kingdom legisla.tion to exempt items 

of assistance, imported by the Government of the United Kingdom 

into the United Kingdom as assistance under the .Agreement, from 

customs duties a.nd other taxes 01i importation. 
REF I :A69611 

[No.2017] 14 

ANNEX I 

Provision is made in Article IX, paragraph l;of ~he Mutual Defense 

Assistance Agreement, as follows : \ 

"Each contracting Government agrees to ,~eceiv~ personnel of the 

other contracting Government who will discharge in its territories 

the responsibilities of the latter Government under this Agreement 

and will be accorded facilities to observe the progress of assistance 

furnished in pursuance of this Agreement." 

In the course of discussions on the Agreement, representatives of 

the two Governments have stated on behalf of their respective Governments that the facilities to be so accorded shall be reasonable and not 

unduly burdensome upon the Government according such facilities 
• 

16 REF ID : ~~.~o?t~ 1 

ANNEX J 

It is understood that the ·Government of tthb United States of 

America in making the notifications referred to i;n Article IX, paragraph 3, of the Mutual Defense Assistance fgreeinent, would be&r 

in mind the desirability of restricting, so far 1as practicable, the number of officials for whom full diplomatic privileges would be requested. It is also understood that the detailed application of Article 

IX, paragraph 3, would, when necessary, be the subject of intergovernmental discussion .. 
REF ra:A69611 

[No. 2017] 16 

ANNEX K 

Whereas this Agreement, having bOOn negotlated and concluded 

on the basis that the Government of the United States of America 

will extend to the other party thereto the bMefits ·of any provision 

in a similar agreement concluded by the Go~ernment of the United 

States of America with any other country party to the North Atlantic Treaty, it is. understood that the Government of the United 

States of A.meric.a will interpose no objection to amending this 

Agreement in order that it may conform, in whole or in part, to any 

other similar agreement, or agreements amendatory or supplementary 

thereto, concluded with a party to the North Atlantic Treaty. 

0