Decree of the Minister for Foreign Affairs No. 94 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Treaty on Mutual Relations between the Czechoslovak Socialist Republic and the Federal Republic of Germany
Valid
Effective from 19.07.1974
94
DECLARATION
Minister for Foreign Affairs
of 3 October 1974
on the Treaty on Mutual Relations between the Czechoslovak Socialist Republic and the Federal Republic of Germany
The Treaty on Mutual Relations between the Czechoslovak Socialist Republic and the Federal Republic of Germany was signed in Prague on 11 December 1973.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Bonn on 19 July 1974.
According to Article VI thereof, the Treaty entered into force on 19 July 1974.
The Czech text of the Treaty and the letters attached thereto are attached simultaneously.
First Deputy Minister:
Krajčir v. r.
TREATY
on relations between the Czechoslovak Socialist Republic and the Federal Republic of Germany
Czechoslovak Socialist Republic
and
Germany
taught by history that peace requires the harmonious coexistence of the peoples of Europe,
in the firm will to put an end to the unfortunate past in its relations once and for all, especially in the context of the Second World War, which has brought great hardship to European nations,
Recognising that the Munich Agreement of 29 September 1938 was imposed on the Czechoslovak Republic by the Nazi regime under threat of force,
Recognising that a new generation has grown in both countries, with the right to a secure peaceful future,
guided by the intention to establish a lasting basis for the development of good neighbourly relations,
to strengthen peace and security in Europe
convinced that peaceful cooperation on the basis of the objectives and principles of the United Nations Charter corresponds to the desires of nations and the interests of peace in the world,
agree as follows:
The Czechoslovak Socialist Republic and the Federal Republic of Germany consider the Munich Agreement of 29 September 1938 to be zero given their mutual relations under this Treaty.
(1) This Treaty shall be without prejudice to the legal effects arising against natural or legal persons under the law applicable between 30 September 1938 and 9 May 1945.
Excluded from this is the effects of a measure which both Parties consider to be zero for their incompatibility with the fundamental principles of justice.
(2) This Treaty leaves unaffected the nationality of the living and deceased persons resulting from the legal order of each Contracting Party.
(3) This Treaty does not form the legal basis for the material claims of the Czechoslovak Socialist Republic and its natural and legal persons by its declarations on the Munich Agreement.
(1) The Czechoslovak Socialist Republic and the Federal Republic of Germany follow the objectives and principles enshrined in the Charter of the United Nations in their mutual relations as well as in matters of security in Europe and the world.
(2) Accordingly, in accordance with Article 1 and Article 2 of the United Nations Charter, all disputes will be settled solely by peaceful means, avoiding threats of force or use of force in matters relating to European and world security, as well as in their mutual relations.
(1) The Czechoslovak Socialist Republic and the Federal Republic of Germany, in accordance with the abovementioned objectives and principles, confirm the inviolability of their common borders now and in the future and undertake to respect each other unrestricted respect for their territorial integrity.
(2) They claim that they have no territorial claims against each other and will not make such claims in the future.
(1) The Czechoslovak Socialist Republic and the Federal Republic of Germany will take further steps to develop their relations widely.
(2) They agree that extending their neighbourhood cooperation in the fields of economy, science, scientific and technical contacts, culture, environmental protection, sport, transport and other contacts is in the interests of both parties.
This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of instruments of ratification to be implemented in Bonn.
To prove this, the agents of the Contracting Parties have signed this Treaty.
Dane in Prague on 11 December 1973 in two copies, each in the Czech and German languages, both texts being equally authentic.
For the Czechoslovak Socialist Republic:
L. Strougal v. r.
B. Cupcake v. r.
For the Federal Republic of Germany:
W. Brandt v. r.
W. Scheel v. r.
Dear Minister,
I have the honour, on behalf of the Government of the Federal Republic of Germany, to confirm the agreement reached in the negotiations, that the validity of Article II of the Treaty on Mutual Relations between the Federal Republic of Germany and the Czechoslovak Socialist Republic will be extended in accordance with the four-party agreement of 3 September 1971 in accordance with the procedures laid down for Berlin (West).
The Federal Republic of Germany and the Czechoslovak Socialist Republic intend to negotiate, in each individual case, the extension of the contracts resulting from the implementation of Article V of this Treaty to Berlin (Western), pursuant to the Fourth Agreement of 3 September 1971, in accordance with the procedures laid down.
Please confirm your agreement with this.
Accept, Minister, my deepest respect.
Walter Scheel
Mr
Ing. Bohuslav Chubek
Minister for Foreign Affairs
Czechoslovak Socialist Republic
Dear Mr. Federal Minister,
I have the honour to confirm, on behalf of the Government of the Czechoslovak Socialist Republic, the receipt of your letter of today, which has the following wording:
"I have the honour, on behalf of the Government of the Federal Republic of Germany, to confirm the agreement reached in the negotiations, that the validity of Article II of the Treaty on Mutual Relations between the Federal Republic of Germany and the Czechoslovak Socialist Republic will be extended in accordance with the four-party agreement of 3 September 1971 in accordance with the procedures laid down for Berlin (Western).
The Federal Republic of Germany and the Czechoslovak Socialist Republic intend to negotiate, in each individual case, the extension of the contracts resulting from the implementation of Article V of this Treaty to Berlin (Western), pursuant to the Fourth Agreement of 3 September 1971, in accordance with the procedures laid down.
I ask you to confirm your agreement with this. "
The Government of the Czechoslovak Socialist Republic agrees.
Accept, Mr. Federal Minister, my deepest respect.
B. Cupcake
Mr
Walter Scheel
Federal Minister for Foreign Affairs
Federal Republic of Germany
Dear Minister,
in connection with today's signing of the Treaty on Mutual Relations between the Federal Republic of Germany and the Czechoslovak Socialist Republic, I have the honour to inform you, with reference to Article V thereof, that it has been reached in the contractual negotiations on the following issues:
1. In their efforts to develop mutual relations, the Government of the Federal Republic of Germany and the Government of the Czechoslovak Socialist Republic will pay attention to humanitarian issues.
2. The Czechoslovak Party has declared that the relevant Czechoslovak places will be blatantly judged in accordance with the laws and regulations in force in the Czechoslovak Socialist Republic, the requests of Czechoslovak citizens who wish to move to the Federal Republic of Germany on the basis of their German nationality.
The German Party has declared that, in accordance with the laws and regulations in force in the Federal Republic of Germany, persons of Czech or Slovak nationality who wish to do so may move to the Czechoslovak Socialist Republic.
3. On the part of both governments, there is no objection to the German Red Cross and the Czechoslovak Red Cross helping to address the above mentioned issues.
4. Both governments will further develop tourism between the two countries, including visits to relatives.
5. Both governments will explore possibilities for technical improvements in tourism, including smooth handling at border crossing points, as well as opening up other border crossing points.
6. The contents of these exchanged letters will be applied to Berlin (West) in accordance with the four-party agreement of 3 September 1971.
Please confirm the contents of this letter.
Please accept, Minister, my deepest respect.
Walter Scheel
Mr
Ing. Bohuslav Chubek
Minister for Foreign Affairs
Czechoslovak Socialist Republic
Dear Mr. Federal Minister,
I have the honour to confirm, on behalf of the Government of the Czechoslovak Socialist Republic, the receipt of your letter of today, which has the following wording:
"In the light of today's signing of the Treaty on Mutual Relations between the Federal Republic of Germany and the Czechoslovak Socialist Republic, I have the honour to inform you, with reference to Article V thereof, that it has been reached in the contractual negotiations on the following issues:
1. In their efforts to develop mutual relations, the Government of the Federal Republic of Germany and the Government of the Czechoslovak Socialist Republic will pay attention to humanitarian issues.
2. The Czechoslovak Party has declared that the relevant Czechoslovak places will be blatantly judged in accordance with the laws and regulations in force in the Czechoslovak Socialist Republic, the requests of Czechoslovak citizens who wish to move to the Federal Republic of Germany on the basis of their German nationality.
The German Party has declared that, in accordance with the laws and regulations in force in the Federal Republic of Germany, persons of Czech or Slovak nationality who wish to do so may move to the Czechoslovak Socialist Republic.
3. On the part of both governments, there is no objection to the German Red Cross and the Czechoslovak Red Cross helping to address the above mentioned issues.
4. Both governments will further develop tourism between the two countries, including visits to relatives.
5. Both governments will explore possibilities for technical improvements in tourism, including smooth handling at border crossing points, as well as opening up other border crossing points.
6. The contents of these exchanged letters will be applied to Berlin (West) in accordance with the four-party agreement of 3 September 1971.
Please confirm the contents of this letter. "
The Government of the Czechoslovak Socialist Republic agrees.
Accept, Mr. Federal Minister, my deepest respect.
B. Cupcake
Mr
Walter Scheel
Federal Minister for Foreign Affairs
Federal Republic of Germany
Dear Mr. Federal Minister,
On the occasion of today's signing of the Treaty on Mutual Relations between the Czechoslovak Socialist Republic and the Federal Republic of Germany, I have the honour to announce to you, on behalf of the Government of the Czechoslovak Socialist Republic:
Under the applicable Czechoslovak law, crimes committed between 1938 and 1945 can currently be prosecuted only those which are punishable under the Czechoslovak Criminal Law, for which the law foresees the death penalty and which have at the same time the characteristics of war crimes or crimes against humanity within the meaning of Article 6 (b) and (c) of the Statute of the International Military Court in Nuremberg. The prosecution for such offences shall not be barred.
In all other cases, the prosecution shall be suspended in 1965 at the latest. This Treaty will not change anything about this.
Accept, Mr. Federal Minister, my deepest respect.
B. Cupcake
Mr
Walter Scheel
Federal Minister for Foreign Affairs
Federal Republic of Germany
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 94 / 1974 Coll., on the Treaty on Mutual Relations between the Czechoslovak Socialist Republic and the Federal Republic of Germany |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.10.1974 |
|---|---|
| Effective from | 19.07.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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