The Agreement is hereby approved on behalf of the European Union.
Agreement on Reparations from Germany, establishing the Inter-Allied Reparation Office and on the Return of Monetary Gold
Valid
Effective from 24.01.1946
Contents
Zobrazeno prvních 200 z celkem 226 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
150.
Agreement
on reparations from Germany, establishing an Interallied Reparation Office and returning currency gold.
_
OF 21 DECEMBER 1945 THE following AGREEMENT WAS AGREED IN PARIS:
(Translation)
Agreement
on reparations from Germany, the establishment of the Inter-Allied Reparation Office and the return of monetary gold.
The Governments of Albania, the United States of America, Australia, Belgium, Canada, Denmark, Egypt, France, the United Kingdom of Great Britain and Northern Ireland, Greece, India, Luxembourg, Norway, New Zealand, the Netherlands, Czechoslovakia, South Africa and Jugoslavia, seeking to distribute fairly among themselves the sum of the goods which, pursuant to the provisions of this Agreement and the provisions agreed on 1 August 1945 in Potsdam between the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, are declared to be redeemed by Germany (hereinafter referred to as the "German Reparations') and by the Inter-Allied Reparasification Office and the due process for the return of monetary gold,
they have agreed as follows:
German reparations.
Reparation shares.
A. German reparations (with the exception of appropriations to be allocated under Article 8 of Part I of this Agreement) shall be divided into the following categories:
Category A which will cover all types of German reparations except those included in category B;
Category B, covering all industrial and other industrial installations shipped from Germany, as well as seagoing merchant ships and inland waterway vessels.
B. Each signatory government shall be entitled to a percentage of the total category A value and a percentage of the total category B value as indicated for that government in the table below.
Table of shares.
| Země | Kategorie | Kategorie |
|---|---|---|
| A | B | |
| Albanie | 0,05 | 0,35 |
| Spojené státy americké | 28,00 | 11,80 |
| Australie | 0,70 | 0,95 |
| Belgie | 2,70 | 4,50 |
| Kanada | 3,50 | 1,50 |
| Dánsko | 0,25 | 0,35 |
| Egypt | 0,05 | 0,20 |
| Francie | 16,00 | 22,80 |
| Spojené království | 28,00 | 27,80 |
| Řecko | 2,70 | 4,35 |
| Indie | 2,00 | 2,90 |
| Lucembursko | 0,15 | 0,40 |
| Norsko | 1,30 | 1,90 |
| Nový Zéland | 0,40 | 0,60 |
| Nizozemsko | 3,90 | 5,60 |
| Československo | 3,00 | 4,30 |
| Jihoafrická Unie1) | 0,70 | 0,10 |
| Jugoslavie | 6,60 | 9,60 |
| Úhrn | 100,00 | 100,00 |
C. Subject to paragraph This Agreement shall enter into force on the date of its adoption.
Subject to the provisions of paragraph D below is also entitled to part of German property in countries that remained neutral during the war with Germany, corresponding to its percentage in category A.
The division between the signatory governments of goods intended for German reparations, other than sea merchant ships, outside inland waterway vessels and German property in countries which remain neutral in war with Germany shall be carried out in accordance with the principles referred to in Article 4 (I) of this Agreement.
D. If one of the signatory governments receives a part in excess of its percentage of certain types of goods belonging to either category A or category B, its claims on other types of goods of the same category shall be reduced in such a way that it does not receive more overall than its share of the aggregate of goods in that category.
E. None of the signatory governments can receive more than their share of the aggregate of the goods of category A or category B in a way that renounces part of its share of the second category; However, any signatory government shall be entitled, in respect of German enemy assets under its own jurisdiction, to account for any surplus of such assets exceeding its share of the total German enemy assets of category A under the authority of the signatory governments, either into what it receives from category A or into what it receives from category B or partly into what it receives from both categories.
F. The Inter-Allied Reparation Office, which will be established under Part II of this Agreement, shall hold the Reparation Account of each Signatory Government with German property under its jurisdiction for a period of five years. The balance of the account on the date on which this Agreement becomes effective shall not be less than 20% of the net value of the property (as defined in Article 6 of Part I of this Agreement) as estimated on that date; the beginning of the second year thereafter must not be less than 25% of the balance as estimated on that date; the beginning of the third year shall not be less than 331 / 3% of the balance as estimated on that date; the beginning of the fourth year may not be less than 50% of the balance as estimated on that date; the beginning of the fifth year may not be less than 90% of the balance as estimated on that date and the end of the fifth year shall be equal to the entire balance of the total amount actually recovered.
G. The following exceptions to the provisions of paragraphs D and E above shall apply to a signatory government whose share in category B is less than its share in category A:
1. The allocation of seagoing merchant ships to any such government shall not reduce its percentage of other types of Category B goods, except if such allocation exceeds the value that would have come out if the percentage of that Government's share in Category B had been applied to the total value of seagoing merchant ships.
2. Any surplus of German assets under the jurisdiction of the competent government exceeding its percentage in category A in the aggregate of German assets under the jurisdiction of the signatory governments as a whole shall be deducted first from its additional holding in category B to which that government would be entitled if its amount in category B was determined by applying its percentage in category A to the types of German reparations in category B.
H. If any signatory government withdraws its shares or parts of its shares in German reparations, as indicated in the table above, or withdraws from the International Reparation Office at the time when all or part of its shares in German reparations are not paid, the shares or parts of the shares to which it has been renounced or entitled shall be distributed among the signatory governments according to the size of their shares.
Settlement of claims against Germany.
A. Signatories agree that each of them will take the view that its respective reparation shares, as provided for in this Agreement, cover all its claims and claims by its members towards the former German Government and the German Government authorities, namely those of a public or private nature arising from the consequences of the war (unless otherwise specified), including the costs of the German occupation, the assets in clearing accounts acquired during the occupation, and the claims against the "Reichskreditkassen."
B. The provisions of the above paragraph And they don't prejudicate:
1. to the future determination of the form, duration and total amount of the reparations to be reimbursed by Germany, which shall take place at the appropriate time;
2. the law which each of the signatory governments could have with regard to the finalisation of German reparations; and
3. Any political, territorial or otherwise demands that any of the signatory governments may make in the peaceful arrangement with Germany.
C. Notwithstanding the provisions of paragraph And from above it will be thought that this reparation agreement does not apply:
1. the obligation of the competent German authorities to ensure, in future, the payment of claims against Germany and its members arising from contracts and other commitments taken over, as well as the rights acquired which arose before the war between Germany and the relevant signatory government or before the occupation of its territory by Germany, whichever occurred earlier,
2. claims by social insurance institutions of signatory governments or claims by their members on social insurance institutions of the former German Government;
3. Reichsbank and Rentenbank banknotes, provided that their royalties do not result in a disproportionate reduction in the total of the reparations and that they do not occur without the approval of the Governing Council for Germany.
D. Notwithstanding the provisions of paragraph As far as they are concerned, the Czechoslovak Government will be entitled to receive the transfer of former Czechoslovak members from Czechoslovakia to Germany on the debts of the Czechoslovak National Bank account at Reichsbank if the Czechoslovak Government decides to take such a measure and if the measure would be approved by the German Audit Board.
Surrender of claims linked to holdings allocated under the heading of reparations.
Each of the signatory governments undertakes not to apply, in its own name or on behalf of persons entitled to its protection, claims relating to or providing diplomatic support to any other signatory government or its members that it has received as reparations with the approval of the Board of Auditors for Germany.
General principles for the distribution of industrial or other equipment.
A. No Signatory Government shall be required to be assigned an industrial or operating facility from Germany as reparations other than to be used in its own territory or by its own members in a foreign territory.
B. When submitting their applications to the Inter-Allied Reparation Office, the signatory governments will endeavour to submit summary programmes of applications for related groups of goods rather than applications for individual or small groups of goods. It is agreed that the work of the Secretariat of that Office will be more effective, the more comprehensive the programmes submitted by the signatory governments.
C. In the allocation of goods which have been declared to be used as reparations (other than seagoing merchant ships, inland waterway vessels and German property in countries which remained neutral during the war with Germany), the Inter-Allied Reparation Office shall follow the following principles:
1. Any property or any related group of goods in which the requesting State has a significant financial interest in the pre-war period shall be allocated to that State, if it wishes. In those cases where two or more requesting States have such a significant interest in a particular good or group of goods, they shall be allocated according to the following aspects:
2. Where it is not possible to decide which of the competing applicants are to be allocated, the following circumstances shall be taken into account, inter alia:
(a) The degree of urgency with which each requesting State needs goods or goods for the recovery of its country's economy, its new construction or its full performance.
(b) The peace in which goods or goods would be replaced by property which was destroyed, damaged or robbed during the war, or which must be replaced for excessive wear in war production and which is important for the holding of the requesting country.
(c) Relationship of the goods or goods to the overall composition of the requesting State's pre-war economy with the plan to modify and develop its economy after the war.
(d) the requirements of States whose reparation shares are small but which need certain goods or certain categories of goods.
3. The allocation shall maintain a reasonable balance to the extent that the reparation shares of each requesting government are satisfied, taking into account the temporary derogations that are justified by the considerations set out in paragraph (a) above.
General principles for the allocation of seagoing commercial ships and inland waterway vessels.
A. 1. German merchant ships intended for distribution between the signatory governments by way of reparations will be allocated among them according to the respective total losses of the maritime merchant fleet, calculated on the basis of gross tonnage suffered by the signatory governments or their members by acts of war. It is agreed that the transfer of naval merchant ships by the United Kingdom Government and the Government of the United States of America to other governments requires such final approval by the chambers of these two countries as will be required.
2. The Assembly of the Inter-Allied Reparation Office shall set up a special committee, composed of representatives of the Signatories, which shall submit proposals on how these losses are to be determined and how German merchant ships intended for division are to be allocated.
3. In order to account for reparations, the value of German seagoing merchant ships will be taken for the value determined by the three-sided Commission on the Marine Merchant Fleet on the basis of German prices of 1938, increased by 15%, taking into account the depreciation.
B. Given the recognised fact that some countries in particular need inland waterway vessels, the division of these vessels will be entrusted to the Special Committee set up by the Assembly of the Interallied Reparation Office in the event that inland waterway vessels are later given to the signatory governments for reparation.
The value of inland waterway vessels shall be estimated in accordance with the Directives adopted for seagoing merchant ships or with fair directives similar to those for seagoing merchant ships.
German property abroad.
A. Each signatory government shall retain or dispose of German enemy property within its jurisdiction in the form it chooses, in such a way that it cannot be returned to German property or under German control, and shall deduct it from its share of the reparations (net of taxes, burdens and administrative expenses, other material burdens on certain pieces of property and legal contractual claims against former German owners of such property).
B. Signatory Governments shall provide the Inter-Allied Reparation Office with all information on the value of the property and the amounts withdrawn from time to time by its liquidation, which the Office shall request.
C. German property in countries which have remained neutral during the war with Germany will be exempt from German ownership or control and will be liquidated or disposed of in accordance with the decisions of France, the United Kingdom and the United States of America, under agreements concluded by these powers with neutral countries; the net proceeds of the liquidation, or with that property, shall be surrendered to the Inter-Allied Reparation Office, with a view to splitting it into a Reparation Account.
D. In implementing the provisions of paragraph And from above, property that was the property of a country that is a member of the United Nations, or its members, who were not members of Germany at the time of the annexation of that country or its occupation by Germany or its entry into war, will not be counted down from its reparations. In doing so, it is considered that this provision does not prejudicate any of the issues which might arise in respect of property which was not the property of a national of the country concerned when it was occupied or annexed by Germany or when it entered the war.
E. The German enemy property, which will be included in the reparation shares, will also include property which is actually German enemy property, although the nominee owner of such property is not an enemy German.
If it has not yet done so, each signatory government shall take such laws or take all other appropriate measures to make all transfers that have occurred after the occupation of its territory or after its entry into war, with the fraudulent intention of covering German enemy interests and thus saving them from the effects of control measures against German enemy interests.
F. The Assembly of the Inter-Allied Reparation Office shall set up a committee of experts on the issues of forced management of hostile property, to address legal difficulties and problems related to interpretation which may occur in practice. The Committee will, in particular, ensure that it is prevented from subversive acts which could lead to fictitious or other legal acts intended to protect hostile interests, or unduly diminish property which could be intended for reparations.
Stocks taken.
The value of stocks and other material belonging to a civilian need taken from German troops outside Germany and surrendered to signatory governments will be deducted from their reparation shares, unless such stocks and material have been or will be paid or issued under other arrangements providing that delivery is made without payment.
It is agreed that transfers of such material and supplies by the governments of the United Kingdom and the United States of America to other governments will be subject to the definitive approval of the United Kingdom and the United States of America houses as required.
The allocation of part of the reparations to victims of German persecution, which cannot be repatriated.
Since a large number of people have suffered from the persecution of the Nazis and now urgently need help in order to gain their former status, however, they will not be able to seek support from any of the governments receiving reparations from Germany, the governments of the United States of America, France, the United Kingdom, Czechoslovakia and Jugoslavia, after consultation with the Intergovernmental Committee on Refugees, will draw up a plan under the following general directives by common agreement:
A. The part of the reparations, consisting of all the non-monetary gold found by the Allied forces in Germany, together with an additional amount not exceeding $25 million, will be intended to return the victims of the German persecution that cannot be repatriated to an earlier position and to settle them.
B. This amount of $25 million will be paid in part from the proceeds of the liquidation of German assets in neutral countries for reparations.
C. The governments of neutral countries will be asked to release for that purpose (in addition to $25 million) the property of victims of Nazi persecution in those countries that died without heirs.
D. Entitlement to help under this plan will only have real victims of Nazi persecution and closest relatives and dependants if they belong to the following categories:
1. Refugees from Nazi Germany or Austria who need help and cannot be sent back to their country within a reasonable period of time for the conditions prevailing therein.
2. German and Austrian members who now reside in Germany or Austria, in exceptional cases where, for reasons of humanity, it is desirable to help them to emigrate and to move to other countries.
3. Members of countries previously occupied by Germans who cannot be repatriated or who are in such a position that they cannot be repatriated within a reasonable period of time. However, in order for aid to be concentrated on the refugees most in need and deserving of it, and to exclude persons whose loyalty to the United Nations is or is doubtful, it will be limited to members or former members of the previously occupied countries who have been interned in German concentration camps or in concentration camps set up by regimes that have been subject to Nazi influence, but will not be granted to those persons who have been interned only in war prisoners camps.
E. The amounts to be available under paragraphs A and B above shall be managed by the Intergovernmental Committee on Refugees or by a United Nations body to which the relevant functions of the Intergovernmental Committee would be delegated in the future. The amounts available under paragraph C above shall be managed for the general purposes referred to in this Article under the management programme to be determined by the five governments referred to above.
F. Non-monetary gold found in Germany will be given for free use to the Intergovernmental Committee on Refugees as soon as the plan mentioned above has been drawn up.
G. The Intergovernmental Committee on Refugees will have the right to pursue the objectives for which the Fund was set up through public or private organisations working in the field.
H. The Fund will be used not to compensate individual victims but to facilitate the return of persons belonging to the categories of beneficiaries to their former status or to their settlement.
I. None of the provisions of this Article shall be considered to prejudice the claims that individual refugees might have against the future German Government, except as regards claims to the extent of the benefit they have obtained from the sources referred to in paragraphs A and B above.
An interallied reparation office.
Establishment of an office.
The Signatory Governments of this Agreement establish an Inter-Allied Reparation Office ("the Office '). Each government will appoint a delegate to office and will also be entitled to appoint a deputy, who in the absence of a delegate will have the right to perform all functions and rights of the delegate.
Office function.
A. The Office will distribute German reparations between the signatory governments in accordance with the provisions of this Agreement and any other agreements that will apply from time to time between the signatory governments. To this end, the Office will be the place through which the signatory governments will receive information about the goods intended for reparations and to which they will submit their wishes regarding these goods.
B. The Office will discuss all matters relating to the return of assets located in one of the western zones of Germany, some of which may be referred to it by the commander of that zone (acting on behalf of his government) in agreement with one or more signatory governments claiming repayment, but without prejudice to the possibility for the respective governments to settle such issues by agreement or arbitrage.
Internal organisation of the Bureau.
A. The authorities of the Office shall be the Assembly and Secretariat.
B. The Assembly shall consist of delegates and shall be chaired by the President of the Office. The President of the Office shall be the delegate of the French Government.
C. The Secretariat will be under the authority of the Secretary-General, who will be assisted by two Deputy Directors. The Secretary-General and his two Deputy Directors shall be appointed by the governments of France, the United States of America and the United Kingdom. The Secretariat shall have an international character. It acts as an office and not as an individual signatory government.
Secretariat function.
The Secretariat shall have the following functions:
A. Build programmes for the allocation of German reparations and submit them to the assembly.
B. Vésti detailed overview of the property, which is intended for German reparations, and the property divided from this title.
C. Establish the budget of the Office and submit it to the Assembly.
D. Fulfill other administrative functions as needed.
Assembly function.
Subject to the provisions of Articles 4 and 7, Part II of this Agreement, the Assembly shall allocate German reparations to signatory governments in accordance with the provisions of this Agreement and any other agreements which apply from time to time between signatory governments. It shall also approve the Office's budget and fulfil all other functions which are in agreement with the provisions of this Agreement.
Voting in the assembly.
Unless otherwise provided for in this Agreement, each delegate shall have one vote. The Assembly shall act by a majority of the votes cast.
An appeal from the Assembly resolution.
A. If the assembly does not comply with the request of a delegate to be assigned to his government a certain estate, the assembly shall give the arbitration ruling if the delegate so requests within the time limit specified by the assembly. The surrender of arbitration will result in the suspension of the effect of the decision of the Assembly on such a good.
B. Delegates of governments who claim a farm, dependent on arbitration under paragraph A above, shall elect an arbitrator from among the other delegates. If there is no agreement on the choice of arbitrator, the United States delegate shall take over as arbitrator or designate another delegate as arbitrator from among those whose governments do not ask for the good in question. If the government of the United States of America is one of the governments that asks for the estate that it is about, the President of the Office shall appoint an arbitration delegate whose government does not ask for the estate.
The power of the referee.
If the issue of the allocation of a good has been surrendered to arbitration pursuant to Article 7 of Part II of this Agreement, the arbitration panel shall have the right to award the relevant property definitively to one of the governments requesting it. The arbitration panel may, if it deems it appropriate, hand over the goods to the Secretariat for further examination. It may also, if it deems it appropriate, ask the Secretariat to resubmit the question of the allocation of the estate to the Assembly for decision.
Expenses.
A. Each government itself pays the salaries and expenses of its delegates as well as their staff.
B. Joint expenditure of the Office shall be paid from the Office's resources. During the first two years following the establishment of the Office, each signatory government shall provide these funds according to its percentage shares in category B and then according to its percentage shares in category A.
C. Each Government shall pay its share of the Office's budget for each budget period (as determined by the Assembly) at the beginning of that period, with each Government paying, when signing this Agreement, an amount equal to at least its percentage in category B of the amount of £50,000 sterling and the remainder of its budget for the budget period during which it signs this Agreement within three months.
D. Signatory Governments shall pay all their contributions in Belgian francs or in any other currency or currencies specified by the Office.
The vote on the budget.
When negotiating the Office's budget for any budgetary period, the number of votes of each delegate in the assembly shall be proportionate to the proportion to be paid by his government to the budget for that period.
Talking.
The official languages of the Office shall be English and French.
Office offices.
The seat of the Office shall be in Brussels. The Office shall establish liaison offices in such other locations as shall be designated by the Assembly after obtaining the necessary consent.
A performance.
Any signatory government, other than the government responsible for controlling part of the German territory, may withdraw from office after prior written notification to the Secretariat.
Changes and dissolution.
This Part of the Agreement may be amended or the Office may be repealed by a resolution adopted by a majority of delegates voting in the Assembly, provided that the delegates representing the majority represent governments whose shares together represent at least 80% of the total of category A percentages.
Legal capacity, freedom and privileges.
The Office will enjoy in the territory of each signatory government the legal capacity and the privileges, freedoms and benefits it will need for the performance of its functions and for the performance of its task. Representatives of the signatory governments and officials of the Office will enjoy the privileges and freedoms they will need to perform their duties in relation to the Office.
Monetary gold restitution.
One article.
A. Of all the currency gold found in Germany by the Allied Forces and Gold referred to in paragraph G. below (including gold coins, excluding the numismatic or historical price coins, which will be returned directly if identified, a common nature will be established for the distribution of the assets among the States involved in this substance in proportion to their respective gold losses suffered by theft or wrongful removal into Germany.
B. Without prejudice to the claims for non-refundable gold, each of the States participating in this principle will accept the part of the currency gold that it will thus receive as the full satisfaction of all its claims to return monetary gold to Germany.
C. A proportionate proportion of the gold will be allocated to each participating State which accedes to this agreement for the return of monetary gold and which can prove that a proportion of the currency gold which was its property has been stolen from Germany or, at any time after 12 March 1938, has been unlawfully transferred to German territory.
D. The question of the possible participation of States not represented at a conference (other than Germany, but counting Austria and Italy) in the above-mentioned division will be reserved for a later decision and a part corresponding to the total of the shares that those countries would receive if they were admitted to the conference, will be set aside and dealt with later, as decided by the relevant Allied governments.
E. Individual countries participating in the division of substance shall give the governments of the United States of America, France and the United Kingdom, as the respective occupying powers, detailed and verifiable data on the losses of gold suffered by Germany having robbed them or being towed to Germany.
F. The governments of the United States of America, France and the United Kingdom shall take all appropriate measures in their zones, which are now occupied in Germany, to implement this division in accordance with the previous provisions.
G. Any currency gold to be reacquired from a third country to which it was transported from Germany shall be broken down under this monetary gold return arrangement.
Entry into force and signature.
Taking effect.
This agreement can be signed by any government represented at the Paris Reparation Conference.
Once signed by governments with a combined claim to at least eighty percent of the total shares in the category And German reparations will take effect between these signatory governments.
The agreement will then be effective between these governments and between those governments which will sign it subsequently.
Signatures.
The signature of each Contracting Government shall be deemed to be subject to the application of this Agreement also to the colonies and overseas territories of such Government and to the territory under its protection or to its suzerenity, or to the territories over which it now exercises its mandate.
This agreement was signed by their respective governments in Paris in English and French, the two texts of which are equally authentic, in a single original, which will be deposited in the archives of the Government of the French Republic, which will submit a certified copy of the original of each of the signatory governments.
14 March 1946
KAHREMAN YLLI.
14 January 1946 For the United States of America
JEFFERSON CAFFERS.
25 February 1946
W.R. Hodgson.
14 January 1946 For Belgium
GUILLAUME.
30 January 1946 for Canada
GEORGE P. VANIER.
20 February 1946 for Denmark
J. C. W. KRUSE.
8 March 1946 For Egypt
FAHKRY-PACHA.
14 January 1946 For France
BIDAULT.
14 January 1946 For the United Kingdom of Great Britain and Northern Ireland
DUFF COOPER.
24 January 1946 For Greece
P. A. ARGYROPOULO.
25 February 1946 For India
P. CHAUDHURI.
These signatures are attached in agreement with His Majesty's representative in charge of performing the functions of the Crown in its relations with the Indian States.
14 January 1946 For Luxembourg
A. FUNCK.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | THE NAME OF THE REPUBLIC OF CZECH REPUBLIC, No 150 / 1947 Coll., on reparations from Germany, on the establishment of the Inter-Allied Reparation Office and on the refund of monetary gold |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.08.1947 |
|---|---|
| Effective from | 24.01.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0