* * * * * * * DEAR MR. WEISE:

I HAVE THE HONOR TO CONFIRM RECEIPT OF YOUR LETTER OF 23 FEBRUARY 1960, WHICH STATES THE AGREEMENTS WHICH HAVE BEEN REACHED BETWEEN REPRESENTATIVES OF THE GOVERNMENTS OF THE FEDERAL REPUBLIC OF GERMANY AND THE UNITED STATES OF AMERICA, REGARDING THE RELEASE OF THE BREMEN-FARGE POL DEPOT.

IT IS THE UNDERSTANDING OF THE UNITED STATES THAT THE FOLLOWING HAS BEEN AGREED UPON:

1. THE AMERICAN FORCES WILL RELEASE THE POL DEPOT BY THE 29TH OF FEBRUARY 1960, AND A GERMAN AGENCY WILL ACT AS THE OPERATING AGENCY FOR THE POL DEPOT BREMEN-FARGE EFFECTIVE 1 MARCH 1960. THE NAME OF THE GERMANY OPERATING AGENCY WILL BE GIVEN TO THE AMERICAN FORCES AS SOON AS POSSIBLE.

2. A. THE AMERICAN FORCES WILL EVACUATE THE POL DEPOT IN BREMEN-FARGE BY THE 29TH OF FEBRUARY 1960 WITH THE EXCEPTION OF THE BALANCE OF APPROXIMATELY 17,000 CBM OF POL PRODUCTS AND SUCH EQUIPMENT AS IS COVERED IN PARAGRAPH 2F BELOW.

B. THE GERMAN OPERATING AGENCY WILL: STORE AND EVACUATE FREE OF CHARGE THE BALANCE OF APPROXIMATELY 17,000 CBM OF POL PRODUCTS FOR THE AMERICAN FORCES ACCORDING TO THEIR INSTRUCTIONS, BY 30 JUNE 1960; WILL LOAD BULK PETROLEUM PRODUCTS FROM SHORE TANKS INTO RAIL TANK CARS, TANK TRUCKS, BARGES OR OCEAN TANKERS; WILL EFFECT TRANSPORTATION OF POL PRODUCTS WITHIN THE DEPOT; MOVE AND TRANSPORT RAIL TANK CARS INTO AND WITHIN THE POL DEPOT AS REQUIRED; LOAD EMPTY AND FULL DRUMS INTO RAIL CARS OR TRUCKS; HANDLE THE PRODUCTS WITH THE SAME CARE AS THE POL PRODUCTS OF THE GERMAN FEDERAL REPUBLIC; FURNISH THE AMERICAN FORCES AN EXPLANATION OF LOSSES EXCEEDING 0.25 PERCENT OF THE AMOUNT IN STOCK; AND MAINTAIN ACCOUNTING RECORDS FOR US OWNED PETROLEUM PRODUCTS WITHIN ITS CUSTODY, AS NECESSARY AND REQUIRED BY THE GOVERNMENT OF THE UNITED STATES.

C. THE AMERICAN FORCES WILL INFORM THE GERMAN OPERATING AGENCY IN DUE TIME OF THE ARRIVAL OF BARGES AND OCEAN GOING TANKERS AS WELL AS OF RAIL TANK CARS AND ESTABLISH THE PRIORITY FOR THE ARRIVAL OF RAIL TANK CARS. FURTHERMORE, THEY WILL INDICATE IN DUE TIME THE QUANTITIES OF POL PRODUCTS TO BE SHIPPED FROM THE DEPOT AND THE MANNER OF SHIPMENT.

D. THE GERMAN OPERATING AGENCY WILL MAKE AVAILABLE TO THE AMERICAN FORCES OFFICE SPACE FOR 9 PERSONNEL FREE OF CHARGE UNTIL 30 JUNE 1960.

E. NOTWITHSTANDING THE EVACUATION OF THE POL DEPOT, THE AMERICAN FORCES ARE ENTITLED TO CONTINUE TO USE THE APARTMENTS IN BREMEN-BLUMENTHAL, ROBERT BLUM STRASSE, ALREADY OCCUPIED WITHIN THE FRAMEWORK OF THE PROVISIONS OF THE INTERNATIONAL CONVENTIONS.

F. THE AMERICAN FORCES WILL RETURN TO THE GERMAN FEDERAL REPUBLIC, REPRESENTED BY THE REGIONAL DIRECTORATE OF FINANCE, BREMEN, BY 29 FEBRUARY 1960, ALL REAL PROPERTY AND ALL EQUIPMENT ACQUIRED WITH GERMAN FUNDS FOR WHICH THE UNITED STATES HAS NO FURTHER USE. ALL EQUIPMENT ACQUIRED WITH AMERICAN FUNDS WILL BE REMOVED BY THE AMERICAN FORCES BY 30 JUNE 1960 WITH THE EXCEPTION OF THOSE ITEMS SOLD, RENTED OR LET TO THE GERMAN OPERATING AGENCY.

3. A. AFTER 1 MARCH 1960, IN THE EVENT IT IS IN THE NATIONAL INTEREST OF THE UNITED STATES ALONE, THE FEDERAL REPUBLIC OF GERMANY WILL MAKE UP TO 200,000 CBM STORAGE AVAILABLE TO THE UNITED STATES AT THE BREMEN-FARGE POL DEPOT FOR STORAGE AND RESHIPMENT OF POL PRODUCTS AS LONG AS THE REQUIREMENT EXISTS. OF THIS TOTAL FIGURE OF 200,000 CBM OF STORAGE, THE FEDERAL REPUBLIC OF GERMANY WILL ASSURE THE IMMEDIATE AVAILABILITY OF 150,000 CBM, AND TO THE EXTENT THAT THE DIFFERENCE BETWEEN 150,000 CBM AND 200,000 CBM IS NOT IMMEDIATELY AVAILABLE, THE FEDERAL REPUBLIC OF GERMANY WILL TAKE NECESSARY STEPS TO OBTAIN SUCH STORAGE SPACE FROM THE OPERATING AGENCY FOR THE AMERICAN FORCES IN ACCORDANCE WITH THE FEDERAL LAW CONCERNING PROCUREMENT OF GOODS, MATERIALS AND SERVICES FOR PURPOSES OF DEFENSE.

B. IF THE REQUIREMENT MENTIONED UNDER PARAGRAPH 3A SHOULD ARISE, SUCH POL PRODUCTS IN THE STORAGE SPACE MADE AVAILABLE AND WHICH ARE THE PROPERTY OF THE FEDERAL REPUBLIC OF GERMANY WILL BE ADJUSTED OR DISPOSED OF IN A MANNER MUTUALLY AGREEABLE TO THE PARTIES CONCERNED.

C. IF THE REQUIREMENT MENTIONED UNDER PARAGRAPH 3A ARISES AND PART OF THE STORAGE MENTIONED IN PARAGRAPH 3A IS FILLED WITH POL PRODUCTS WHICH ARE NOT THE PROPERTY OF THE FEDERAL REPUBLIC OF GERMANY, THE FEDERAL REPUBLIC OF GERMANY WILL TAKE NECESSARY STEPS TO OBTAIN FROM THE OPERATING AGENCY OR THE OWNERS THEREOF, THE REQUIRED POL PRODUCTS FOR THE AMERICAN FORCES IN ACCORDANCE WITH THE FEDERAL LAW CONCERNING PROCUREMENT OF GOODS, MATERIALS AND SERVICES FOR PURPOSES OF DEFENSE. IN THE EVENT THE REQUIREMENT UNDER THIS PART OF PARAGRAPH 3A ARISES, THESE PRODUCTS WILL BE ADJUSTED OR DISPOSED OF IN A MANNER MUTUALLY AGREEABLE TO THE PARTIES CONCERNED.

4. IF THE REQUIREMENT MENTIONED UNDER PARAGRAPH 3A, SHOULD ARISE AND IF THE US SHOULD IMPORT ITS OWN PRODUCTS INTO FARGE POL DEPOT, THE GERMANY OPERATING AGENCY WILL ENSURE STORAGE AND RESHIPMENT FOR THE AMERICAN FORCES.

5. A. THE AMERICAN FORCES WILL MAKE REIMBURSEMENT TO THE OWNERS THEREOF FOR ALL POL PRODUCTS WHICH HAVE BEEN OBTAINED AS MENTIONED UNDER PARAGRAPH 3C FOR THEIR USE, IN ACCORDANCE WITH THE FEDERAL LAW CONCERNING PROCUREMENT OF GOODS, MATERIALS AND SERVICES FOR PURPOSES OF DEFENSE UNLESS MUTUALLY AGREED TO DO OTHERWISE. AS FAR AS TAXES AND DUTIES ARE CONCERNED, INTERNATIONAL CONVENTIONS AND PERTINENT REGULATIONS ISSUED BY THE GERMAN GOVERNMENT MUST BE COMPLIED WITH.

B. IF THE REQUIREMENT MENTIONED UNDER PARAGRAPH 3A SHOULD ARISE, THE AMERICAN FORCES WILL PAY THE GERMAN OPERATING AGENCY FOR ALL SERVICES RENDERED ON ITS BEHALF. THE CHARGES FOR SUCH SERVICES WILL CORRESPOND TO THE CHARGES FOR SIMILAR SERVICES RENDERED TO INDUSTRY. CHARGES WILL INCLUDE ALL APPLICABLE COSTS EXCEPT LEASE CHARGES, AND WILL BE MUTUALLY AGREED UPON AT THAT TIME. THE CHARGES TO BE PAID WILL NOT INCLUDE TAXES FROM WHICH THE AMERICAN FORCES ARE EXEMPT UNDER THE INTERNATIONAL CONVENTIONS.

6. THE ABOVE AGREEMENT EXPIRES SIX MONTHS AFTER CESSATION OF THE OBLIGATION OF THE FEDERAL REPUBLIC OF GERMANY CONCERNING THE STATIONING OF FOREIGN FORCES, BASED ON THE INTERNATIONAL CONVENTIONS.

7. MODIFICATIONS AND AMENDMENTS TO THIS AGREEMENT MUST BE IN WRITING.

8. ANY DISAGREEMENTS ARISING FROM THIS AGREEMENT WILL BE REFERRED TO THE CONTRACTING PARTIES FOR SETTLEMENT.

9. THIS AGREEMENT SUPERCEDES THE MEMORANDUM AGREEMENT OF 12 JANUARY 1960. HENRY R. WESTPHALINGER, MAJOR GENERAL, USA, COMMANDING