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13019 Germany - Agreement Concerning Final Benefits to Certain US Nationals who were Victims of National Socialist Measures of Persecution


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13019

 

 

CLAIMS

 

 


Agreement Between the
UNITED STATES OF AMERICA
and GERMANY


Signed at Bonn September 19, 1995

with

Exchange of Notes

and

Supplementary Agreement

Effected by Exchange of Notes
Signed at Bonn January 25, 1999

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

GERMANY

Claims

Agreement signed at Bonn September 19, 1995;
Entered into force September 19, 1995.
With exchange of notes.
And supplementary agreement.
Effected by exchange of notes
Signed at Bonn January 25, 1999;
Entered into force January 25, 1999.

Agreement
between
the Government of the United States of America
and
the Government of the Federal Republic of Germany
Concerning
Final Benefits to Certain United States Nationals
Who Were Victims of
National Socialist Measures of Persecution
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The Government of the United States of America
and
the Government of the Federal Republic of Germany
have agreed as follows:
Article 1
This Agreement shall settle compensation claims by certain United States nationals
who suffered loss of liberty or damage to body or health as a result of National Socialist
measures of persecution conducted directly against them. This Agreement shall cover only
the claims of persons who, at the time of their persecution, were already nationals of the
United States of America and who have to date received no compensation from the Federal
Republic of Germany. This Agreement shall, inter alia, not cover persons who were sub-
jected to forced labor alone while not being detained in a concentration camp as victims of
National Socialist measures of persecution.
Article 2
1. For the prompt settlement of known cases of compensation claims covered by
Article 1, the Government of the Federal Republic of Germany shall pay to the Government
of the United States of America three million Deutsche Mark within 30 days of the entry
into force of this Agreement.
2. For any possible further cases not known at the present moment, both Govern-
ments intend to negotiate two years after the entry into force ofthis Agreement, an additio-
nal lump sum payment based on the same criteria as set forth in Article 1 and derived on the
same basis as the amount under paragraph 1.
Article 3
The distribution of the amounts referred to in Article 2 to the individual beneficiaries
shall be left to the discretion of the Government of the United States of America.
- 3 -
Article 4
1. Upon payment of the amount referred to in paragraph 1 of Article 2, the Govern-
ment of the United States of America declares all compensation claims against the Federal
Republic of Germany by the United States nationals benefiting under that paragraph for da-
mage within the meaning of Article 1 suffered by those nationals to be finally settled.
2. Upon payment of the amount referred to in paragraph 2 of Article 2, the Govern-
ment of the United States of America declares all compensation claims against the Federal
Republic of Germany by United States nationals for damage within the meaning of Article 1
to be finally settled.
3. A United States national shall benefit from a payment under this Agreement only
if that national executes a waiver of all compensation claims within the meaning of Article 1
against the Federal Republic of Germany and against its nationals (including natural and ju-
ridical persons). At the request of the Government of the Federal Republic of Germany, the
Government of the United States of America shall transmit such waivers to the Government
of the Federal Republic of Germany.
Article 5
This Agreement shall enter into force on the date of signature.
Done at Bonn on September 19, 1995, in duplicate in the English and German
languages, both texts being equally authentic.
For the Government of the For the Government of the
United States of America Federal Republic of Germany
The State Secretary
of the Federal Foreign Office
503-553 E 2329
Bonn, September 19, 1995
Excellency,
I have the honor to refer to the Agreement of today's date between the Government
of the Federal Republic of Germany and the Government of the United States of America
concerning final benefits to certain United States nationals who were victims of National
Socialist measures of persecution and to state as follows:
Articles 1 and 2 of the Agreement provide for the payment of certain sums by the
Government of the Federal Republic of Germany to the Government of the United States of
America for the benefit of United States nationals who were victims of National Socialist
measures of persecution and who, as a result of such measures, suffered loss of liberty or
damage to their health.
Any payment by the Government of the Federal Republic of Germany under this
Agreement will be only for the benefit of United States nationals who were victims of
National Socialist measures of persecution by reason of their race, their faith or their
ideology.
Accept, Excellency, the assurance of my highest consideration.
(Dr. v. Ploetz)
His Excellency
The Ambassador
of the United States of America
Mr. Charles E. Redman
Bonn
Embassy of the
United States of America
Bonn
Bonn, September 19, 1995
Excellency:
In your Note of today's date, you informed me as follows:
"I have the honour to refer to the Agreement of today's date between the Govern-
ment of the Federal Republic of Germany and the Government of the United States of
America concerning final benefits to certain United States nationals who were victims of
National Socialist measures of persecution and to state as follows:
Articles 1 and 2 of the Agreement provide for the payment of certain sums by the
Government of the Federal Republic of Germany to the Government of the United States of
America for the benefit of United States nationals who were victims of National Socialist
measures of persecution and who, as a result of such measures, suffered loss of liberty or
damage to their health.
Any payment by the Government of the Federal Republic of Germany under this
Agreement will be only for the benefit of United States nationals who were victims of
National Socialist measures of persecution by reason of their race, their faith or their
ideology."
I have the honor to acknowledge, on behalf of the Government of the United States
of America, receipt of your Note of today's date concerning the Agreement of today's date
between the Government of the Federal Republic of Germany and the Government of the
United States of America concerning final benefits to United States nationals who were
victims of National Socialist measures of persecution.
Accept, Excellency, the renewed assurance of my highest consideration.
(Charles E. Redman)
His Excellency
Dr. Hans-Friedrich von Ploetz
State Secretary
Foreign Office
Federal Republic of Germany
THE STATE SECRETARY Bonn, January 25th, 1999
OF THE FEDERAL FOREIGN OFFICE
Gz.: 503-553.E: 2329
Excellency,
I have the honor to refer to the Agreement of September 19, 1995 between the Government
of the Federal Republic of Germany and the Government of the United States of America
Concerning Final Benefits to Certain United States Nationals Who Were Victims of
National Socialist Measures of Persecution (Agreement of September 19, 1995), and to
propose on behalf of the Government of the Federal Republic of Germany that the following
Supplementary Agreement concerning an additional lump sum payment to the Agreement of
September 19, 1995, be concluded.
1. The Government of the Federal Republic of Germany and the Government of the
United States of America agree on the amount of DM 34,500,000 as the additional
lump sum payment referred to in Article 2 (2) of the Agreement of September 19,
1995. Payment of this amount is subject to the approval of the German Bundestag. The
Government of the Federal Republic of Germany shall propose to the German
Bundestag that this amount be included in the 1999 budget. The Government of the
Federal Republic of Germany shall make every effort to effect this payment as early as
possible in 1999.
His Excellency
Mr. John C. Kornblum
Ambassador
of the United States of America
Bonn
- 2 -
2. The individual payments made from this amount shall be governed by the provisions of
the Agreement of September 19, 1995.
3. The number of persons to benefit from such payments, the names of these persons, the
amount received by each of these persons and the bases for the calculation of such
amounts shall be held in confidence.
4. Upon payment of the additional lump sum referred to in Article 2 (2) of the Agreement
of September 19, 1995, the settlement of claims against the Federal Republic of
Germany as foreseen in Article 4 (2) of the Agreement of September 19, 1995, occurs.
5. This Agreement shall be concluded in the German and English languages, both texts
being equally authentic.
If the Government of the United States of America agrees to the proposals contained in
paragraphs 1 to 5 above, this Note and Your Excellency's Note in reply thereto expressing
your Government's agreement shall constitute a Supplementary Agreement to the above-
mentioned Agreement of September 19, 1995, between our two Governments, which shall
enter into force on the date of your Note in reply.
Accept, Excellency, the assurances of my high consideration.
EMBASSY OF THE
UNITED STATES OF AMERICA
Bonn, January 25, 1999
No. 14
Excellency:
I have the honor to confirm receipt of your Note No. 503-553.E:2329 of
January 25th, 1999, proposing on behalf of your Government the conclusion of a
Supplementary Agreement to the Agreement of September 19, 1995, between the
Government of the United States of America and the Government of the Federal
Republic of Germany.
The agreed English version of your Note reads as follows:
Bonn, January 25th, 1999
"THE STATE SECRETARY
OF THE FEDERAL FOREIGN OFFICE
Gz.: 503-553. E: 2329
Excellency,
I have the honor to refer to the Agreement of September 19, 1995 between the
Government of the Federal Republic of Germany and the Government of the United States of
America Concerning Final Benefits to Certain United States Nationals Who Were Victims of
National Socialist Measures of Persecution (Agreement of September 19, 1995), and to
propose on behalf of the Government of the Federal Republic of Germany that the following
Supplementary Agreement concerning an additional lump sum payment to the Agreement of
September 19, 1995, be concluded.
His Excellency
Dr. Hans-Friedrich von Ploetz
State Secretary
Foreign Office
Federal Republic of Germany
1. The Government of the Federal Republic of Germany and the Government of the United
States of America agree on the amount of DM 34,500,000 as the additional lump sum
payment referred to in Article 2 (2) of the Agreement of September 19. 1995. Payment of
this amount is subject to the approval of the German Bundestag. The Government of the
Federal Republic of Germany shall propose to the German Bundestag that this amount
he included in the 1999 budget. The Government of the Federal Republic of Germany
shall make every effort to effect this payment as early as possible in 1999.
2. The individual payments made from this amount shall be governed by the provisions of
the Agreement of September 19, 1995.
3. The number of persons to benefit from such payments, the names of these persons, the
amount received by each of these persons and the bases for the calculation of such
amounts shall he held in confidence.
4. Upon payment of the additional lump sum referred to in Article 2 (2) of the Agreement
of September 19, 1995, the settlement of claims against the Federal Republic of Germany
as foreseen in Article 4 (2) of the Agreement of September 19, 1995, occurs.
5. This Agreement shall be concluded in the German and English languages, both texts
being equally authentic.
If the Government of the United States of America agrees to the proposals contained in
paragraphs 1 to 5 above, this Note and Your Excellency's Note in reply thereto expressing your
Government's agreement shall constitute a supplementary agreement to the above-mentioned
Agreement of September 19, 1995 between our two Governments, which shall enter into force
on the date of your Note in reply.
Accept, Excellency, the assurances of my high consideration."
I have the honor to inform you that my Government agrees to the proposals
contained in your Note. Your Note and this Note in reply thereto shall thus constitute a
Supplementary Agreement to the Agreement of September 19, 1995, between our two
Governments, which shall enter into force on the date of this Note, the texts in the
English and German languages being equally authentic.
Accept, Excellency, the assurances of my highest consideration.
(John C. Kornblum)
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