Agreement No 71 / 1948 Coll.
Agreement between the Republic of Czechoslovakia and New Zealand on the reciprocal release of sequestered monetary claims
Valid
Effective from 25.11.1947
71.
Agreement
between the Republic of Czechoslovakia and New Zealand on the mutual release of sequestered monetary claims.
HAS ADOPTED THIS AGREEMENT:
(Translation)
New Zealand.
P. M. 58 / 60 / 6.
Department of Foreign Affairs.
Wellington N. Z.
November 7, 1946.
Sir,
I have the honour to refer to earlier correspondence concerning the issue of money held in New Zealand by the Controller of Enemy Property, under the Enemy Property Regulation, which belongs to Czechoslovak persons, and to correspondence concerning the issue of money amounts required by New Zealand persons in the Czechoslovak Republic. Lists of this money, containing details of such requirements on 31 March 1946, have already been submitted to you.
I have the honor To inform you that the Government of New Zealand would be willing to accept the following arrangement for the release of these claims:
1. The Government of New Zealand undertakes that all monetary claims in New Zealand belonging to the Czechoslovak persons will be available to them, but these claims are subject to the foreign exchange rules currently in force in New Zealand, provided that the transfer takes place through London under the provisions of the Monetary Agreement concluded between the United Kingdom and Czechoslovakia, signed on 1 November 1945, provided that the Government of the Czechoslovak Republic takes on the same obligation as regards monetary claims belonging to New Zealand persons and groups, which are subject to the foreign exchange rules currently in force in Czechoslovakia.
2. The Czechoslovak Government recognises that the Czechoslovak persons who are in debt to the New Zealand people remain committed to their creditors until the debts are fully repaid in accordance with the provisions of the relevant private-law arrangements. In this context, the Czechoslovak Government will help the New Zealand creditors to find out and to identify their debtors, to make it easier for the creditors to meet their claims towards the original debtors, their heirs or successors.
If your government agrees with the adjustment proposed above, it is proposed that this letter with your confirmatory reply should constitute a formal agreement between our two governments, with effect from the date of your reply.
With respect
FOSS SHANAHAN,
Acting Secretary for Foreign Affairs.
Dr. Josef Germanek,
Czechoslovak General Consul,
Box 3644 S, G. P. O.
Sydney,
New South Wales.
(Translation)
General Consulate of ČSR
Sydney.
July 30, 1947.
No 2034 / 47.
The Secretary of State for Foreign Affairs,
Department of Foreign Affairs,
Wellington, N. Z.
Sir,
I have the honor to submit You are informed that I have received instructions from my government to make this communication to the Government of New Zealand:
The Government of the Czechoslovak Republic has the honour of confirming the receipt of the New Zealand Government communication of 7 November 1946, proposing the arrangements for the release of money held in New Zealand by the Controller of Enemy Assets, under the regulation on enemy property belonging to Czechoslovak persons and which also covers the cash amounts required by New Zealand persons in the Czechoslovak Republic. It is agreed that, according to an agreement between the two governments, if the release of those monetary claims is involved, the following shall be agreed:
1. The Government of New Zealand undertakes that all monetary claims in New Zealand belonging to the Czechoslovak persons will be available to them, but these claims are subject to the foreign exchange rules currently in force in New Zealand, provided that the transfer takes place through London under the provisions of the Monetary Agreement concluded between the United Kingdom and Czechoslovakia, signed on 1 November 1945, provided that the Government of the Czechoslovak Republic takes on the same obligation as regards monetary claims belonging to New Zealand persons and groups, which are subject to the foreign exchange rules currently in force in Czechoslovakia.
2. The Czechoslovak Government recognises that the Czechoslovak persons who are in debt to the New Zealand people remain committed to their creditors until the debts are fully repaid in accordance with the provisions of the relevant private-law arrangements. In this context, the Czechoslovak Government will help the New Zealand creditors to find out and to identify their debtors, to make it easier for the creditors to meet their claims towards the original debtors, their heirs or successors.
Dr. Eduard Beneš, President of the Czechoslovak Republic, appointed me and appointed me his agent and gave me full power to conclude and sign the above agreement. What evidence I attach to this is a copy of the power of attorney, signed by the President and co-signed by Mr Jan Masaryk, Minister for Foreign Affairs.
With respect
Dr. JOSEF GERMANY,
General Consul.
(Translation)
New Zealand.
PM 58 / 60 / 6
Ministry of Foreign Affairs.
Wellington, N. Z.
August 8, 1947.
Sir,
I have the honour of confirming the receipt of your communication of 30 July on the release of cash claims held in New Zealand by the Keeper of Enemy Property, together with the full authority to authorise you to sign it.
It is hereby confirmed that your communication and the communication of this Department of 7 November 1946 constitute a formal agreement between the governments of Czechoslovakia and New Zealand, which will become effective by ratifying the Czechoslovak Government. I would be honored to receive a report from you on the date of ratification of the agreement.
With respect
A. MAC INTOSH,
State Secretary of Foreign Affairs.
Dr. Josef Germanek,
the General Consul of the Czechoslovak Republic,
C) - Hotel Waterloo,
Wellington, C. 1.
It is announced that the President of the Republic ratified this Agreement on 25 November 1947 and that the Agreement became effective on this date.
Dr Clementis v. r.
State Secretary in the Ministry of Foreign Affairs.
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Regulation Information
| Citation | Agreement No. 71 / 1948 Coll., between the Republic of Czechoslovakia and New Zealand on the reciprocal release of sequestered cash claims |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.04.1948 |
|---|---|
| Effective from | 25.11.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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