4
5. Except in so far as they are specifically modified or superseded by the terms of this Agreement and of the Defence Agreement of 29th August, 1947, the provisions of the Financial Agreement of 30th April, 1947,* between the Government of the United Kingdom and the Government of Burma remain in force.
ARTICLE 7
(a) All contracts other than contracts for personal service made in the exercise of the executive authority of Burma before the coming into force of the Constitution of the Union of Burma to which any person being a British subject domiciled in the United Kingdom or any Company, wherever registered, which is mainly owned, or which is managed and controlled by British subjects so domiciled, was a party, or under which any such person or company was entitled to any right or benefit, shall as from that date, have effect as if made by the Provisional Government of Burma as constituted on and from that date; and all obligations that were binding on the Provisional Government of Burma immediately prior to the said date, and all liabilities, contractual or otherwise, to which that Government was then subject, shall, in so far as any such person or company as aforesaid is interested, devolve on the Provisional Government of Burma constituted.
as SO
(b) In so far as any property, or any interest in any property vested in any person or authority in Burma before the coming into force of the Constitution of the Union of Burma, or the benefit of any contract entered into by any such person or authority before that date, is thereafter transferred to, or vested in the Provisional or any successor Government of Burma, it shall be so transferred or vested subject to such rights as may previously have been created and still subsist therein, or in respect thereof, in favour of any person or company of the status or character described in the preceding sub-article.
ARTICLE &
The contracting Governments being resolved to conclude at the earliest possible date a mutually satisfactory Treaty of Commerce and Navigation have agreed for a period of two years from the date of the coming into force of the present Treaty or until the conclusion of such a Treaty of Commerce and Navigation to conduct their commercial relations in the spirit of Nos. 1-3 of the Exchange of Notes annexed hereto, provided that, at any time after six months from the date of the coming into force of the present Treaty, either party may give three months' notice to terminate the undertaking set out therein.
ARTICLE 9
The contracting Governments agree to maintain postal services, including Air Mail services and Money Order services, on the existing basis, subject to any alteration in matters of detail which may be arranged between their respective Postal Administrations as occasion may arise.
ARTICLE 10
The Provisional Government of Burma agree to negotiate Treaty arrange- inents in respect of the care and upkeep of war cemeteries and/or war graves of the British Commonwealth and Empire in Burma with the Govern- ments represented on the Imperial War Graves Commission and, pending
T
Hansard, 22nd May, 1947, Cols. 276-7.
5
negotiation of such arrangements, to recognise the Imperial War Graves Commission as the sole authority responsible for dealing with such war cemeteries and/or war graves and to accord to the Commission the privileges set out in Nos. 4 and 5 of the Exchange of Notes annexed to the present Treaty,
ARTICLE 11
The contracting Governments will accord to each other the same treatment in civil aviation matters as heretofore, pending the conclusion of an Agreement in regard to them, provided that this arrangement may be terminated on six months' notice given by either side.
ARTICLE 12
The contracting Governments agree to conclude at the earliest possible date an agreement for the avoidance of double taxation.
ARTICLE 13
Nothing in the present Treaty is intended to or shall in any way prejudice the rights and obligations which devolve or may devolve upon either of the contracting parties under the Charter of the United Nations or from any special agreements concluded in virtue of Article 43 of the Charter.
ARTICLE 14
Should any difference arise relative to the application or the interpreta- tion of the present Treaty, and should the contracting parties fail to settle such difference by direct negotiations, the difference shall be referred to the International Court of Justice unless the parties agree to another mode of settlement.
ARTICLE 15
The present Treaty shall be ratified and shall come into force immediately upon the exchange of Instruments of Ratification, which shall take place on the day on which Burma becomes independent in accordance with the appropriate legislation to be introduced in the United Kingdom for that purpose.
In witness whereof the above-named plenipotentiaries have signed the the present Treaty and have affixed thereto their Seals.
Done in duplicate in London this 17th day of October, 1947.
CLEMENT RICHARD ATTLEE.
(Sd.)
(Sd.)
THAKIN NŲ.
69