Decree No. 85 / 1947 Coll.
The decree on the agreement between the Czechoslovak Government and the Government of His Majesty in the United Kingdom on monetary claims and assets in Czechoslovakia and the United Kingdom, which were subject to special measures because Czechoslovakia was occupied by the enemy, negotiated in London on 1 November 1945.
Valid
Effective from 01.11.1945
85.
Decree of the Minister for Foreign Affairs
of 22 May 1947
on the agreement between the Czechoslovak Government and the Government of His Majesty in the United Kingdom on monetary claims and assets in Czechoslovakia and the United Kingdom, which were subject to special measures because Czechoslovakia was occupied by an enemy, negotiated in London on 1 November 1945.
(Translation)
Agreement
between the Czechoslovak Government and the Government of His Majesty in the United Kingdom on monetary claims and assets in Czechoslovakia and the United Kingdom, which were subject to special measures because Czechoslovakia was occupied by the enemy.
The Government of the Czechoslovak Republic and the Government of the United Kingdom of Great Britain and Northern Ireland, wishing to conclude an agreement to facilitate the repayment of monetary claims and assets in Czechoslovakia and the United Kingdom, belonging to persons who have and had their residence in the United Kingdom or in Czechoslovakia, and who have been subject to special measures because Czechoslovakia was occupied by the enemy, have agreed as follows:
1. As far as the United Kingdom is concerned, this Agreement will concern the cash claims and assets of persons in Czechoslovakia, which are subject to the regulation on the trafficking of the enemy (the custodian) of 1939 ["Trading with the Enemy (Custodian) Order, 1939"], with later amendments and additions (the "Scheduled Regulation") and the Act on Czechoslovakia of 1939 (restrictions on the handling of banking and other accounts) "Czechoslovakia (Restriction on Banking Accounts etc.) Act, 1939" (the "Restriction Act"). As far as Czechoslovakia is concerned, the agreement will concern the claims and assets of persons in the United Kingdom, which were subject to specific measures after 3 September 1939.
For the purposes of this Agreement, the term "Czechoslovak persons' means persons whose monetary claims and assets have been subject to a custodian regulation only because they are resident and resident in Czechoslovakia or have engaged and have engaged in business or business activities in Czechoslovakia, or because they have been subject to the provisions of Section 1 (i) (a) of the Regulation on restrictions in respect of the monetary claims or assets covered by that regulation. The term" persons in the United Kingdom 'refers to persons whose claims on money and property have been subject to a special scheme only because they are resident and resident in the United Kingdom or are engaged and engaged in business or business activities there.
2. This Agreement does not concern the legal status of cash claims and assets of persons in Czechoslovakia and persons in the United Kingdom in respect of tax and foreign exchange legislation applicable in the United Kingdom or in Czechoslovakia.
3. The issue of monetary claims and assets in the United Kingdom, belonging to British nationals residing in Czechoslovakia and having been dealt with under the Scheduling Regulation or the Safeguard Act, shall be governed by a special agreement.
4. Balances of bank accounts. - The balances of bank accounts belonging to persons belonging to Czechoslovakia and to persons in the United Kingdom will be given to the original account owners for free use.
5. Commercial debts, interest and other contractual cash claims of a similar nature. -
(a) Amounts in pounds sterling and other currency which are now in the hands of the steward of enemy assets in respect of commercial debts, interest and other cash claims of a similar nature to those belonging to persons in Czechoslovakia will be transferred to the Czechoslovak Government to satisfy creditors' claims.
This provision does not prevent the British Government, where it considers that such a move is justified, from agreeing with the Czechoslovak Government that the money that is now in the hands of the custodians will be refunded to the people who made it.
(b) The Czechoslovak Government recognises that persons in Czechoslovakia who are debtors of persons in the United Kingdom remain obliged to their creditors in respect of the monetary claims referred to in this Article until the debts are fully settled under the relevant contracts. In this respect, the Czechoslovak Government will help UK creditors to seek out and identify their debtors and facilitate the recovery of their claims on the original debtors, their heirs or legal successors.
6. Other monetary claims. - For other cash claims, such as those arising from the sale of goods, from links or from custody or from settlement or for other reasons, it shall be treated in accordance with the provisions of Article 5.
7. Securities. - Securities belonging to persons in Czechoslovakia and persons in the United Kingdom will be surrendered to the original holders for free use.
However, it is recognised that securities debited in one country for banks in the other country shall be released only if it is shown that the pension does not belong to persons residing in, or engaged in business or business in, a country with which the United Kingdom Government is in war, or to legal persons established under the law of that country.
8. Real estate. - Persons in Czechoslovakia and persons in the United Kingdom will again be able to be considered property ownership and management.
9. Moveable property. - Both governments will help each other, according to their best efforts, to locate the movable property of persons in Czechoslovakia and persons in the United Kingdom, and to return it.
10. Trade, literary and artistic property. - It is not the intention of this Agreement to adjust the treatment of trade, literary and artistic property rights, which will be governed by a special agreement.
11. Business, money and industrial enterprises. - Any restrictions (other than those applicable to all persons resident in Czechoslovakia or the United Kingdom) which now prevent persons in Czechoslovakia from remanaging or managing such undertakings in the United Kingdom, will be lifted and any restrictions which might prevent persons in the United Kingdom from remanaging or managing their businesses in Czechoslovakia will also be lifted.
12. Warranty of transfers. -
(a) The Czechoslovak Government undertakes to detain, if necessary in order to avoid foreign exchange difficulties which otherwise prevent the transfer of money owed by persons in Czechoslovakia to persons in the United Kingdom, the amount of pounds of sterling sufficient to transfer commercial debts, interest and other commercial and financial payments of a kind to be paid from time to time to persons in the United Kingdom.
(b) The United Kingdom Government shall agree with the Czechoslovak Government on the amount of pounds of sterling and the length of time it will have to be detained.
13. Disposal of possession. - The Czechoslovak Government will not treat British members less favourably than the Czechoslovak people with regard to the assets in Czechoslovakia, whose holdings have been deprived of the conduct of the kind referred to by the Allied Declaration of 5 January 1943, or which has been affected by discriminatory laws, and will take the measures necessary to ensure that the damaged British rights or interests are listed in the previous state.
14. Removal of legal obstacles. - Both contracting governments agree to consider removing legal obstacles (counting the limitation periods) arising as a result of a war that would prevent a fair liquidation of commitments that have not yet been settled.
15. Unending liquidation. - The two Contracting Governments shall consult each other on outstanding issues which could arise from liquidation or similar proceedings under the law on the custody of hostile property and shall not do anything to close the pending proceedings unless otherwise agreed.
16. Residency of deceased persons. - It is agreed that the provisions of this Agreement will not apply to the treatment of the survivors of Czechoslovak persons in the United Kingdom who have died after their claims for money and their property have been subject to the measures provided for in the Scheduled Regulation until the provisions of this Agreement have been established by a legal representative.
The 17th British Colonial Empire. His Majesty's government in the United Kingdom of Great Britain and Northern Ireland is committed to asking the governments of British colonial holdings to make similar arrangements.
18. Implementation. - The Contracting Governments shall consult each other on how to decide on the details of the procedures for implementing this Agreement, which shall take effect on the date of signature.
The signing, duly authorised by their governments, of this agreement and their seals attached to it.
Dane in London in two copies on 1 November 1945.
For the Government of the Czechoslovak Republic:
Dr Rudolf Kuraj v. r.
For the Government of Great Britain and Northern Ireland:
Ernest Bevin v. r.
It shall be declared that the Agreement has become international pursuant to Article 18 of the Agreement on the date of signature, i.e. 1 November 1945.
Masaryk v. r.
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Regulation Information
| Citation | Decree No. 85 / 1947 Coll., on the Agreement between the Government of Czechoslovakia and the Government of His Majesty in the United Kingdom on cash claims and assets in Czechoslovakia and the United Kingdom, which were subject to special measures because Czechoslovakia was occupied by an enemy, negotiated in London on 1 November 1945. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.1947 |
|---|---|
| Effective from | 01.11.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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