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90. Note, United States, regarding amendment of OPIC agreement with German Democratic Republic after reunification


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The Government of the United States of America refers to the Investment Incentive Agreement of September 14, 1990 (OPIC Agreement), and to the Note Verbale of the Embassy of the Federal Republic of Germany of August 9, 1991 which reads as follows:

"The Embassy of the Federal Republic of Germany has the honor to refer to the Incentive Agreement signed September 14, 1990, ("OPIC Agreement") between the Government of the German Democratic Republic and the Government of the United States of America which has not entered into force. In the light of the establishment of German unity on October 3, 1990 and seeking to stimulate and support American investment in the territory of the former German Democratic Republic and Berlin (East), the Embassy of the Federal Republic of Germany has the honor to propose an agreement between the Government of the Federal Republic of Germany and the Government of the United States of America on the OPIC Agreement, the wording of which would be as follows:

Apart from the following exceptions, the Government of the Federal Republic of Germany confirms the provisions of the OPIC Agreement which has not yet entered into force:

a) Every reference to the 'Government of the German Democratic Republic' shall be understood as a reference to the 'Government of the Federal Republic of Germany.'

b) Every reference to the 'German Democratic Republic' shall, irrespective of the former status of Berlin, refer to the 'territory of the former German Democratic Republic and Berlin (East).'

c) The OPIC Agreement shall be applicable in the territory of the former German Democratic Republic and Berlin (East).

d) Article 2 and paragraph (d) of Article 3 of the OPIC Agreement shall be deleted, and Articles 3 through 7 shall be referred to as Articles 2 through 6.

Should the Government of the United States of America state its agreement to the proposals by the Government of the Federal Republic of Germany, this Note Verbale and the Note in reply from the Department of State of the United States of America expressing the concurrence of the Government of the United States of America shall constitute an agreement between the Government of the Federal Republic of Germany and the Government of the United States of America, to enter into for simultaneously with the OPIC Agreement and form an integral part thereof.

The Embassy of the Federal Republic of Germany also has the honor, pursuant to the OPIC Agreement, to inform the Government of the United States that all constitutional and other legal conditions for the OPIC Agreement's entry into force have been fulfilled. As soon as the corresponding declaration by the Government of the United States of America has been submitted in a diplomatic note to the Embassy, the OPIC Agreement shall enter into force between our Governments on that date.

The Embassy of the Federal Republic of Germany takes this opportunity to present to the Department of State of the United States of America the renewed assurances of its highest consideration.

Washington, D.C., August 9, 1991"

The Government of the United States of America agrees to the aforementioned proposals of the Government of the Federal Republic of Germany and confirms that all constitutional and other legal conditions for the OPIC Agreement's entry into force have been fulfilled. Therefore, the OPIC Agreement and the agreement on the aforementioned proposals, which forms an integral part of the OPIC Agreement, shall enter into force on the date of this Note.


Department of State,
Washington, August 9, 1991



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