Appendix — Cummings v. Deutsche Bank

APPENDIX A

Trading with the Enemy Act of-October 6, 1917 (c.

106, 40 Stat. 411) as Amended by the Settlement of War

Claims Act of March 10, 1928 (c. 167, 45-Stat. 254) and

by other Acts (U.S. C., Title 50, Appendix).

“9(b) In respect of all money or other property

conveyed, transferred, assigned, delivered, or paid

to the Alien Property Custodian or seized by him

hereunder and held by him or by the Treasurer of

the United States, if the President shall determine

that the owner thereof at the time such money. or

other property was required to be so conveyed, trans-

ferred, assigned, delivered, or paid to the Alien ~

Property Custodian or at the time when it was vol-

untarily delivered to him or was seized by him was— ,

29 ;

“O(b)(13) A partnership, association? or other

unincorporated body of individuals, having its

principal place of business at such time within any

country other than Austria, Hungary, or Austria-

Hungary, or a corporation organized or incorpo-

rated within any country other than Austria, Hun- ~

gary, or Austria-Hungary, and that the written con-

sent provided for in subsection (m) has been filed,

* * *

“Then the President, without any application

being-made therefor, may order the payment, con-

veyance, transfer, assignment, or delivery of such

money or other property held by the Alien Property

Custodian or by the Treasurer of the United States,

or of the interest therein to which the President shall

_ determine such person entitled, either to the -said

owner or to the person by *hom said property was

conveyed, transferred, assigned, -delivered, or paid

ie SE es Pay te

OO HOS

ARERR SS

«

nies

;

il

over to the Alien .Property Custodian; * * *.”

‘(Italics ours. ) ‘

. - <

“Q(m) No money or other property shall be re-

turned under paragraph (12), (13), (14), or (16)

‘of subsection (b) or under subsection (g) or (n)

or (to the extent therein provided) under subsection

(p), unless the person entitled thereto files a written

consent to a postponement of the return of an

amount equal, to 20 per centum of the aggregate

value of such money or other property’ (at the time,

as nearly as may be, of the return), as determined

by the Alien Property Custodian, and the investment °

of such amount in accordance with the provisions

of section 25.* Such amount shall be deducted from ~

the money to be returned to such person, so far as

possible, and the balance shall be deducted from the

proceeds of the sale of-so much of the property as -

may be necessary, unless such person pays the bal-

e ance to the Alien Property Custodian, except that

“no property shall be so sold prior to the expiration of

six years from the date of the enactment of the

Settlement of War Claims Act of 1928 (Act March

10, 1928, c. 167) without the consent of the person

‘entitled thereto. The amounts so deducted shall be

returned to the persons entitled thereto as provided

in subsection (f) of section 25. The sale of any

such property shall be made in accordance with the

provisions of section 12, except that the provisions

of such section relating to sales or resales to, or for

the benefit of, citizens of the United States shall not

be-applicable. If such aggregate value of the money

or other property to be returned under paragraph .

*Section’25 provides for the investment out of the funds held

by the Alien Property Custodian by the Treasurer of the United

States in’one or more participating eertificates issued by the Secre-

tary of the Treasury in accordance with the provisions of that

section.

ili

(12), (13), (14), or’ (16) of subsection (6) or

under subsection (g) is less than $2,000, then the

written consent shall not be required and the money

or other property shall be returned in full without

the temporary retention and investment of 20 per

‘centum thereof.”

. + *&

“9(c) Any person whose money or other prop-

erty the President is authorized to return under the

provisions of subsection (b) hereof may file notice.

of claim*for the return of such money or other

property, as provided in subsection (a) hereof, and

thereafter may make application to the President

for allowance of such claim and/or may institute

suit in equity to recover such money or other prop-.

erty, as provided in said subsection, and with like

acre. CC

a

‘“O(a) Any person not. an enemy or ally of -

enemy claiming any interest, right, or title-in any

- money or other property which may have been con-

veyed, transferred, assigned, delivered, or paid to

the Alien Property Custodian or seized by him here-

under * * * may file with the said custodian a notice

of his claim under oath and in such form and ¢on-

taining such particulars as the said custodian shall:

require; and the President, if application is made

therefor by the claimant, may order the payment,

conveyance, transfer, assignment, or delivery to said

‘Claimant of the money or other property so held by

the Alien Property Custodian or by the Treasurer

of the United States, * * *. If the President shall

not so order within sixty days after the filing of

such application or if the claimant shall have filed

the notice as above required * * * said claimant may

institute a suit in equity in the Supreme Court of

the District of Columbia * * * to establish the inter-

est, right, title * * * so claimed, and if so established

iv

Pied Court shall order thie payment, conveyance, trans-

®fer, assignment, or delivery to said claimant of the

money or other property so held by the Alien Prop-

erty Custodian or by the Treasurer of the United

States * * *.” (Italics ours.)

“12. All moneys (including checks and drafts

payable on demand) paid to or received by’ the alien

property custodian pursuant to this Act shall be de-

posited forthwith in the Treasury of the United

States, and may be invested and reinvested by the

Secretary of the Treasury in United States bonds .

or United States certificates of indebtedness, under

such rules and regulations as the President shall

prescribe for such deposit, investment, and sale of

securities; and as soon after the end of the war as

the President shall deem practicable, such securities

shall be sold and the proceeds deposited in the

Treasury.

“All other property of an enemy, or ally of

enemy, conveyed, transferred, assigned, delivered,

or paid to the alien property custodian hereunder

shall be safely held and administered by him except

as hereinafter provided: and the President is au-

thorized to designate as a depositary, or deposi-

taries,.of property of an enemy or ally of enemy,

any bank, or banks, or trust company, or trust com-

panies, or other suitable depositary or depositaries,

located and doing business in the United States. The

alien property custodian may deposit with such

designated depositary or depositaries, or withthe

Secretary of the Treastiry, any stocks, bonds, notes,

time drafts, time bills of exchange, or other securi-

‘ties, or property (except money or checks or drafts

payable on demand which are required to be depos-

ited with the Secretary of the Treasury) and such

depositary or depositaries shall be authorized and

empowered to collect any dividénds or interest or

y

income that may become due and any maturing obli-

gations held for the account of such custodian. Any

moneys collected on said account shall be paid and

deposited forthwith by said depositary or by the

alien property custodian into the Treasury of the

United States as hereinbefore provided.

“The President shall require all such designated

depositaries to execute and file bonds sufficient in

his judgment. to protect property on deposit, such

bonds to be conditioned as he may direct.

“The alien property custodian shall be vested

with all of the powers of a common-law trustee in

respect of all property, other than money, which

has been or shall be, or which has been or shall be

required to be, conveyed, transferred, assigned, de-

livered, or paid over to him in pursuance of the pro-

visions of this Act, and, in addition thereto, acting

under the supervision and direction gi the President,

and under such rules and regulations as the Presi-_

dent shall prescribe, shall have power to manage

such property and do any act or things in respect

thereof or make any disposition thereof or of any

part thereof, by sale or otherwise, and exercise

any. rights or powers which may be or become

appurtenant thereto or ,to the ownership thereof

in like manner a@& though he were the absolute

owner thereof: Provided, That any _ preperty

sold under this Act, except when sold to the United

States, shall be sold only to American citizens,

at public sale to the highest bidder, after pub-

lic advertisement of time-and place of sale which —

shall be where the property or a major portion

thereof is situated, unless the President stating the

reasons therefor, in the publie interest shall other-

wise determine: Provided further, That when sold

at public sale, the alien property custodian upon the

order of the President stating the reasons therefor,

shall have the right to reject all bids and resell such

s

property at public sale or otherwise as the Presi-

dent may direct. Any person purchasing property ”

from the alien property custodian for an undisclosed

principal, or for resale to a person not a citizen of

the United States, or for the benefit of a person not

ia citizen of the United States, shall be guilty of a

“nisdemeanor, and, upon conviction, shall be subject

to a fine of not more than $10,000, or imprison-

ment for not more than ten years, or both, and the

_ property shall be forfeited to the United States. It

shall be the duty of every corporation incorporated

within the United States and every unincorporated

association, or company, or’ trustee, or trustees

within ‘the United States issuing shares or certifi-

cates. representing beneficial interests to transfer

such shares or certificates upon its, his, or their

books into the name of the alien property custodian

upon demand, accompanied by the presentation of

the certificates which represent such shares or bene-

ficial interests. The alien property custodian shall

forthwith deposit in the Treasury of the United

States, as hereinbefore provided, the proceeds of

any such property or rights so sold by him.

“Any money or property required or authorized

by the provisions of this Act to be paid, conveyed,

transferred, assigned, or delivered to the alien

property custodian shall, if said custodian shall so

direct by written order, bé paid, conveyed, trans-

ferred, assigned, or delivered to the ‘Treasurer of

the United States with the same effect as if to the

alien property custodian.

“After the end of the war any claim of any

enemy or of an ally of enemy to any money or other

property received and held by the alien -property

custodian or deposited in the United States Treas-

ury, shall be settled as Congress shall direct: Pro-

vided, however, That on order of the President as

set forth in section nine hereof, or of the court, as

-

?

vii

set forth in sections nine and ten hereof, the alien

property custodion or the Treasurer of the United

States, as the case may be, shall forthwith convey,

transfer, assign, and pay to the person to whom the

President shall so order, or in’ whose behalf the

cotirt shall enter final judgment or decree, any

property of an enemy or ally of enemy held by said

custodian or by said Treasurer, so far as may be

necessary to comply with’ said order of the Presi-

dent or said final judgment or decree of the court:

And provided further, That the Treasurer of the

United States, on order of the alien property cus-

todian, shall, as provided in section ten hereof, repay

to the licensee any funds deposited by said licensee.

(Oct. 6, 1917, c. 106, § 12, 40 Stat. 423; Mar. 28,

1918, c. 28, § 1, 40 Stat. 460.)”

a

“17. The district courts of the United States

are hereby given jurisdiction to make and enter all

such rules as to notice and otherwise, and all such

orders and decrees, and to issue such process as may

be necessary and proper in the prernises to enforce

the provisions of this Act, with a right of appeal

‘from the final order or decree of such court as pro-

-_ vided in sections one hundred and twenty-eight and

two hundred and. thirty-eight of the Act of March

third, nineteen hundred and eleven, entitled “An

Act to codify, revise, and amend the laws relating

ta, the judiciary.’ (Oct. 6, 1917, c. 106, § 17, 40 Stat.

425.)” 7

ao CORP SOs Deer + we Oe

. ,

viii

APPENDIX B

Pustic ResoLtution 53, Approvep JUNE 27, 1934

(c. 851, 48 Strat. 1267)

To Amend the Settlement of War Claims Act of 1928,

P * As Amended

Whereas the joint resolution of the Congress of the United

States, approved July 2, 1921, provides in part as fol-

lows:

“Sec. 5. All property of the Imperial German

Government, or its successor or successors, and of

all German nationals, which was, on April 6, 1917, .

in or has since that date come into the possession or

under control of, or has been the subject of a demand

by the United States of America or of any of its

officers, agents,*‘or employees, from any source or

by any agency whatsoever, * * * shall be retained

by the United States of America and no disposition

thereof made, except as shall have been heretofore

or specifically hereafter shall be provided by law

until such time as the Imperial German Government

* * * shall have * * * made suitable provision

for the satisfaction of all claims against said | Gov-

ernment] * * *, of all persons, wheresoever domi-

ciled, who ewe permanent allegiance to the United

States of America and who have suffered, through

the acts of the Imperial German Government, or its

agents * * * since July 31, 1914, loss, damage, or

injury to their persons or property, directly or indi-

rectly, whether through the ownership of shares of

stock in German, * * *, American, or other corpo-

rations, or in consequence of hostilities or of any

operations of war, or otherwise * * *.”

_—_—

ix

Whereas the treaty between the United States and Ger-

* many of August 25, 1921, incorporated said provision

of such joint resolution and also provided in article I

thereof as follows:

“Germany undertakes to accord to the United

States, and the United States shall have and enjoy,

all the rights, privileges, indemnities, reparations,

or advantages specified in the aforesaid Joint Reso- _

lution of the Congress of the United States of July

2, 1921, including all the rights and advantages

stipulated for the berfefit of the United States in the

Treaty of Versailles which the United States shall

‘fully enjoy notwithstanding the fact that such ©

Treaty has not been ratified by the United States.”’;

and cs ,

Whereas by the agreement of August 10, 1922, between

Germany and the United States, a Mixed Claims Com-

mission was established to adjudicate claims-of Amer-

ican nationals against Germany arising out of the

World War; and

Whereas under the terms of the debt-fundirig agreement

between Germany and the United States dated June 23,

1930, Germany agreed to pay to the United States in

satisfaction of Germany’s obligations remaining on ac-

count of awards, including interest thereon, entered and

to be entered by the Mixed Claims Commission, United

States and Germany, the sum of 40,800,000 reichmarks

for the period September 1, 1929, to March 31, 1930,

and the sum of 40,800,000 reichmarks per annum from

April 1, 1930, to March 31, 1981; and |

= ae

®

x

Whereas Germany is now in arrears in payments due under

said debt-funding agreement between Germany and the

United States, and has, accordingly, failed to& make’

suitable provision for the satisfaction of the said claims

against Germany: Now, therefore be it —

Resolved by the Senate and House of Representatives

of the United States’ of America in Congress- assembled,

That so long as Gertnany is in arrears in any payments of

principal or interest, including interest at the rate of 5 per

‘centum per annum on principal installments not paid when

cue, under the debt-funding agreement between Germany

and the United States, dated June 23, 1930, with respect to

Germany’s obligations remaining on account of awards,

including interest thereon, entered and to be entered by the

Mixed Claims Commission, United States and Germany,

be payments, convey ances, transfers, or deliveries of money

- property or the income, issues, profits, and/or avails

is eof authorized or directed to be made under the Trading

with the Enemy ‘Act, as amended, or the Settlement of

War Claims Act of 1928, as amended, whether or not:a

judgment’ or decree has been entered with respect thereto,

shall be postponed and the money. or property, or the in-

come, issues, profits, and/or avails thereof reserved: Pro-

vided, however, That such of the funds as are from time

to time svaitahhe (without taking into consideration interest

thereafter accruing) under the Settlement of War Claims

Act of 1928, ds amended, for the payment of principal and

intereSt upon awards of said Mixed Claims Commission _

shall be applied when-available to the payment of principal

and interest upon such awards in the same manner and to - -

the same extent.as though certain of the payments pro-

; | “ tae

vided for in said Act had not been postponed under this

xi

resolution: Provided further, That the President may, in

-his sole discretion, remove the restriction as to any of the

cases or classes of cases in relation to which payments,

conveyanees, transfers, or deliveries have been postponed

under this resolution: Aud provided further, That the

President is authorized to determine, for the purposes of

this resolution, the period or periods in which Germany is

in arrears in the payments hereinbefore described, and his

‘ determination thereof shall not be subject to judicial review.

Section 36 of the Emergency Farm Mortgage Act of

1933, as amended, is amended—

I. By striking the comma and the word ‘‘and” after the

words “to reduce and refinance its outstanding indebtedness

incurred in connection with any such project” in the second

“sentence thereof and inserting in place thereof the follov®

ing: “; or, whether or not it has any such indebtedness, to

stay or otherwise ‘acquire in connection with. such

project storage reservoirs or dams or sites therefor, or addi-

tional water rights, or canals, ditches, or rtghts-of-way

for the conduct of water, er other works or appurtenances °

necessary for the delivery of water, provided suclfurchase

or acquisition is not intended to bring additional lands into_

production. Such loans”. ¢

Il. By —- at the beginning of. (5) thereof the ie

following: “‘in the case of a loan to reduce or refinance its

cutstanding indebtedness,”

IT: ad adding at the beginning of (C) thereof the

following: “in the case of a loan to reduce or refinance the

cutstanding. indebtednes of an applicant,”

Approved “June 27, 1934.

ARSE:

7

REND ET HORI RINE SCR Re RINE eh

APPENDIX C

Dest FUNDING AGREEMENT OF 1930

(Reprinted in Annual Report of the Secretary of the Treasury for

the year ended June 30, 1930, pp. 341-347)

Agreement made the 23d Day of June,‘ 1930, at the City

of Washington, District of Columbia, between the

Government of the German Reich, hereinafter called

Germany, party of the first part. and the Government

of the United States of America, hereinafter called

the United States, party of the second part.

Whereas Germany is obligated under the provisions of

the armistice convention signed November 11, 1918, and

of the treaty signed at Berlin, August 25, 1921, to pay to

the United States the awards, and interest thereon, entered

and to be entered in favor of the United States Govern-

ment and its nationals by the Mixed Claims Commission,

United States and Germany, established in pursuance of

the agreement of August 10, 1922; and

Whereas the United States is also entitled to be reim-

bursed for the costs cf its army of occupation; and

_ Whereas Germany having made and the United States

having received payments in part satisfaction on account

of these two obligations desire to make arrangements for

the complete and final discharge of said obligations;

Now, therefore, in consideration of the premises and

the mutual covenants herein contained, it is agreed as fol-

lows:

a

ee a a i

.

: - E

‘

*

xiii 4 ;

1. Amounts to be paid—(a) Germany shall pay and

the United States shall accept in full satisfaction of all of

Germany’s obligations remaining on account of awards,

including interest thereon, entered and to be entered by.

the Mixed Claims Commission, United States-and Ger-

many, the sum of 40,800,000 reichsmarks for the period

of September 1, 1929, to March 31, 1930, and the sum

of 40,800,000 reichsmarks per annum from April 1, 1930,

to March 31, 1981. As evidence of this indebtedness,

Germany shall issue to the United States at par. as of

September 1, 1929, bonds of Germany, the first of which 4

shall be insthe principal amount of 40,800,000 reichsmarks, :

dated September 1, 1929, and maturing March 31, 1930, t

and each of the others of which shall be in the principal

amount of 20,400,000 reichsmarks, dated September 1,

1929, and maturing serially en September 30, 1930, and

_ on each succeeding. March 31 and September 30 up to and

including March 31, 1981. The obligations of Germany

hereinabove set forth in this paragraph shall cease as soon

as all of the payments contemplated by the settlement of

war claims act of 1928 have been completed and the bonds

‘not then matured evidencing such obligations shall be can-

celed and returned to Germany.

1 aaah

bin POLI AYLI LYDON OP BO COE OES BS, Halal

CD eR et

a ca oye

(b) Germany shall pay and the United States shall

accept in full reimbursement of the amounts remaining due

on account of the costs of the United States army of occu- :

pation, the amounts set forth on the several dates fixed in

the following schedule: |

xiv

March 31: Reichsmark September 30: Reichsmark

a SEPT TE EES 25,100,000 | ee erer 12,750,000

SP eae 12,750,000 nk , TEE T 12,630,000

| a Pre 12,650,000 | eer eee + 12,650,000

PRE sonsknuenes 12,650,000 errr 9,300,000

ol eee 9,300,000 ee Tere 9,300,000

re 9,300,000 Sg: CEE TEE ETE 9,300,000

i, Sere ere 9,300,000 PE awdsudeeyes 9,300,000

rere 9,300,000 i CPE ET TER 8,200,000

RM Coun anes | i LS, a $.200,000

og AEE EOE 8,200,000 Peet csveaenaeas 9,300,000

en re 9,300,000 SE wis cwk bac be 9,300,000

| as pry 9,300,000 hg Oe TOE EEE 12,650,000

hg, PEPPERT EET 12,650,000 WPM She eaeeauss 12,650,000

:. | eee 12,650,000 gp | TERT 12,650,000

DOO cba hsagunns 12,650,000 POR keke nds dua 12,650,000.

te SORTER EEC? * 12,650,000 co, EEO 12,650,000

Sg, MEET PETE TTS 12,650,000 Se EE PEO 12,650,000

Se iS Was ee noe 12,650,000 ag CEE w+. 12,650,000

a a | ne |. ere 12,650,600

Serre 12,650,000 gs Sree Prraee FF ke

SE cana ea exes 17,650,000 icc, »+ 17,650,000

ee eres 17,650,000 cn , See ee 17 650,000

ee Eee 17,650,000 Re ee 17,650,000

| Serre eee 17,650,000 oS Freee: 17,650,000

be PEELE ES et) | Re |” Sa 17,650,000 .

ee: akawandae es ~ 17,650,000 ot a ae 17,650,000

ig POT E 17,650,000 OPEL 17,650,000

| er ee .. 17,650,000 PRE Snee eres 17,650,000

one CREPE EE ETE 17,630,000 EE Pee 17.650,000

Ly Pe Pere 17,650,000 POLES Pe 17,650,000

Pee acoxcawates 17,630,090 EE ne 17,650,000

TPOE ba kan ca thee A/ Goud = PGE nn ce ec ccs 17,650,000

cy eer Terre Af Spano > TOS ic cianss .. 17,650,000

Pe kal ape a ee 17,650,000 i SOE EET ee 17,650,000

va MET CLT e 17,650,000 © RECT eee LET 17,650,000

a ee :.-. 17,650,000 Se wasn whan -.. 17,650,000

SE naneddcnnka 17,650,000 '

As evidence of this indebtedness, Germany shall issue

to the United States at par, as of September 1, 1929, bonds

of Germany, dated September 1, 1929, and maturing on.

March 31, 1930, and on each succeeding September 30 and

March 31 in the amounts and on the several dates fixed in

the preceding schedule.

XV

2. Form of bonds.—All bonds issued hereunder to the

United States. shall be payable to the Government of the

United- States of America and shall be signed for Germany

by the Reichsschuldenverwaltung. The bonds issued for

the amounts to be paid under paragraph No. 1 (a) of this.

agreement shall be issued in 103 pieces with maturities and

in denominations corresponding to the payments therein set

forth and shall be substantially in the form set forth in

Exhibit A hereto annexed and shall bear no interest, unless

payment thereof is postponed purstant to paragraph No. 5

of this agreement. The bonds issued for the amounts to

be paid under paragraph No. 1 (b) of this agreement shall

be issued in 73 pieces with maturities and in denominations

corresponding to the payments therein set forth and shall be

substantially in the form set forth in Exhibit B hereto.

annexed and shall bear no interest unless payment thereof

is postponed pursuant to paragraph No. 5 of this agree-—

ment.

3. Method of payment.—All bonds issued hereunder

shall be payable both principal and interest, if any, at the

Federal Reserve Bank of New York for credit in the

general account of the Treasurer of the United States in

‘funds immediately available on the date when payment is

due in United States gold coin in an amount in dollars

equivalent to the amount due in reichsmarks, at the aver-

age of the middle rates prevailing on the Berlin*Bourée, —

‘during the half monthly period preceding the date of pay-

ment. Germany undertakes to have the Reichsbank certify -

to the Federal Reserve Bank of New York on the date of

payment the rate’of exchange at which the transfer shall be

made. Germany undertakes for the purposes of this agree-

ment that the reichsmark shall have and shall retain its

s

. PLL LICE SII TE LIL LT LO TELL OIA ITT EO NN EA ToT EN NE tnt

—_

SENET CATO TT Ee

Shes 2 ta Sie

xvi

convertibility into gold or devisen as contemplated in section

31 of the present Reichsbank law and that for these pur-

poses the reichsmark shall have and shall retain a mint

parity of 1/2790 kilogram of fine gold as defined in ‘the

German coinage law of August 30, 1924.

+. Security —The United States hereby agrees to accept

the full faith and credit of Germany as the only security

and guaranty for the fulfillment of Germany’s obligations

hereunder. :

5. Postponement of payment.—Germany, at its option,

upon not less than 90 days’ advance notice in writing to

the United States, may postpone any payment on account

of principal falling due as hereinabove provided, to any sub-

sequent September 30 or March 31 not more than two and ~~

cne-half years distant from its due date, but only on condi-

tion that in case Germany shall at any time exercise this

cption as to any payment of principal, the two payments

falling due in the next succeeding twelve months can not

be postponed to any date more than two years distant from

the date when the first payment therein:becomes due unless

and until the payments previously postponed shall actually

have been made, and the two payments falling due in the

second succeeding twelve months can not be postponed to

any date more than one year distant from the date when

the first payment therein becdmes due unless and until the

payments previously postponed shall actually have been

made, and further payments can not be postponed at all

unless and until all payments of principal previously post-

poned shall actually have been made. All payments pro-

vided for under paragraph No. 1 (a) of this agreement so

postponed shall bear interest at the rate of 5 per cent per

annum, payable semiannually, and all payments provided

ok Amhusre bi db dndd ae.

et ah get

Beer ren —

XVii

for under paragraph No. 1 (b) of this agreement so post-

poned shall bear interest at the rate of 35¢ per cent per

annum, payable semi-annually.

6. Payments before maturity—Upon not less than.90

days’ advance notice in writing to the United States and

the approval of the Secretary of tlie Treasury of the Emted

States, Germany may, on March 31 or September 30 of any

year, .maket advance payments on account of any bends

issued under this agreement and held by the United States.

Any such advance payments shall be applied to the prin-

cipal of such bonds as may be indicated by Germany at the

time of the payment.

7. Exemption from taxation.—The principal and in-

terest, 1f any, of all bonds issued hereunder shall be paid

without deduction for, and shall be exempt from, any and

all taxes or other public: dues, present or future, imposed

by or under authority of Germany or any political or local

taxing authority within Germany. |

8: Notices —Any notice trom or by Germany shall be

sufficient if delivered to the American Embassy at Berlin

or tu the Secretary of the Treasury at the Treasury of the

United States in Washington. Any notice, request, or con-

sent under the hand of the Secretary of the Treasury of

‘the United States shall be deemed and taken as the notice,

request, or consent of the United States and shall be suffi-

cient if delivered at the German Embassy at Washington

or at the office of the German Ministry of Finance at

Berlin. The United States in its discretion may waive any

‘ notice required hereunder, but any such waiver shall be in

writing and shall not extend to or affect any subsequent

notite or impair any right of the United States to require

notice hereunder. |

BEATTIE LOOP IO LD LIE AA IFAS, TOE TOR ERLE II IN SS YE

wen prvenen

a eee

_

s \ieeiiietaiia

OM NPAT RST AED EI TT OE

4

e a ° eee

X we “wae Ane Mele 2 any) - F — pire gO Ne

wih tens — . . ‘ 7 -

XViii

9. Compliance with legal requirements —Germany and

the United States, each for itself, represents and agrees

that the execution and delivery of this agreement have in

all respe¢ts been duly autherized, and that all acts, condi-

tions, and legal formalities which should have .béen com-

pleted prior to the making of this agreement have been

completed as required by the laws. of Germany and of the

United States respectively and in conformity therewith.

10. Counterparts—-This agreement shall be executed,

in two counterparts, each of which shall be in the Enedish

and German languages, both texts having equal force and

each counterpart having the force and effect of an original.

In witness whereof, Germany has caused this agree-

ment to be executed on its behalf by its ambassador extraor-

dinagy and plenipotentiary at Washington thereunto duly

authorized, and the United States-has likewise caused this

agreement to be executed on its behalf by the Secretary

of the Treasury, with the approval of the President, pur-

suant to the act of Congress approved June 5, 1930, all on

the day and year first above written.

THe GERMAN REICH,

.- By I. von PRittwitz UN» GAFFRON,

elmbassador Extraordinary and

Plenipotentiary.

~ Tue United States or AMERICA,

By A. W. MELLon,

Secretary of the Treasury.

Approved.

HERBERT Hoover,

President.

NOTES EXCHANGED BETWEEN GERMANY AND THE UNITED

STATES SIMULTANEOUSLY WITH THE EXECUTION OF THE

AGREEMENT FOR THE’ COMPLETE AND FINAL, DISCHARGE

OF THE OBLIGATIONS OF GERMANY TO THE UNITED STATES

WITH RESPECT TO THE AWARDS, MADE BY THE MIXED

CLAIMS COMMISSION, UNITED STATES AND GERMANY, AND

pag COSTS OF THIS GOVERNMENT'S ARMY OF OCCU-

i

a

~.Thes German Government (the Government of the

United States) has the honor to set forth its understanding

of: paragraph No. 4 of the agreement executed this day

between the United States and Germany in the following

sense :

(a) In respect of the acceptance by the United States

of the full faith and. creflit of Germany as the only security

and guaranty for the ftlfillment of Germany’s obligations

under the agreement, Germany will be in the same position

‘as the principal debtors of the United States under the

debt funding agreements which-exist between them and the

United States. ,

(b) Nothing contained therein shall be construed as

requiring the United States to. release any German prop-

erty which it now holds other than as heretofore or here-

- after authorized by the Congress of the United States.

The German Government (the Government -of the

United States) also desires to expressly recognize, so far

as the agreement executed this day between the United

States and Germany is concerned, the prior rights of the

holders of the bonds of the German external loan as pro-

vided in the general bond securing the loan dated October

10, 1924.

Bonds No. 1 in the amounts of R. M. 40,800,000 and

“R. M. 25,100,000 to be delivered under paragraphs Nos.

1 (a) and 1 (b) respectively of the agreement executed this

Sa

OF SSS aa

: . ‘ — —_

- ao ~— uf . -

pte tee wee 3 eget a A a = 2 - ay

day between the United States and Gerrhany have been

paid in full and when the bonds to be delivered by Germany

under this agreement are received by the United States,

bonds No. 1 will be canceled and marked “paid” and re-

turned to the German ambassador at Washington for de-

livery to the German Government.

The United States has received the sum of R. M.

6,800,000 and the sum of R. M. 4,250,000 on account of

the bonds No. 2 to be delivered under paragraphs Nos. 1 (a)

and 1 (b) respectively of the agreement executed this day

between the United States and Germany. The receipt of

these amounts will be evidenced by an indorsement by the

United States on the bonds on account-of which the sums

were received.

The agreement executed this- day between the United

States and Germany is substituted for the direct arrange-

ment providing tor the realization by the United States of

its 2% per cent share in German payments under the ex-

nerts’ plan of 1924.

xxi

APPENDIX D

Pusiic REsoLuTion No. 8 (PEACE RESOLUTION),

APppROVED JuLy 2, 1921 (c. 40, 42 Start. 105)

Resolved by the Senate and House of Representatives

of the United States of America in Cangress assembled, ,

That the state of war declared to exist between the Imperial

German Government and the United States of America by

the joint resolution of Congress approved April 6, 1917,

is hereby declared at an end.

SEC. 2. That in making «his declaration, and as a part

of it, there are expressly reserved to the United States of-

_ America and its nationals any and all rights, privileges,

indemnities, reparations, or advantages, together with the

right to enforce the same, to which it or they have become

entitled under the terms of the armistice signed November

11, 1918, or any extensions or modifications thereof; or

which were acquired by or are in the possession of the ©

United States of America by reasom'of its participation in

the war or to which its nationals have thereby become

rightfully entitled; or which, under the treaty of Versailles,

have been stipulated for its or their benefit; or to which

it is entitled as one of the principal allied and associated

powers; or to which it is entitled by virtue of any Act or

Acts of Congress; or otherwise. . | |

4

Sec. 3. That the state of war declared to exist ‘be-

tween the Imperial and Royal Austro-Hungarian Govern-

ment and the United States of America by the joint reso- |

lution of Congress approved December 7, 1917, is _—

declared at an end.

ss

XXil

Sec. 4. That in making this declaration, agd*‘as a part

of it, there are expressly reserved to the United: States of

America and its nationals any and all rights, privlieges,

indemnities, reparations, or. advantages, together with the

right to enforce the same, to which it or they have become

entitled under the terms of the armistice signed November

3, 1918, or any extensions or modifications thereof; or

which were acquired by or are in the possession of the

United States of America by reason of its participation in

the war or to which its nationals have thereby become

rightfully entitled; or which, under the treaty of Saint

Germain-en-Laye or the treaty of Triation, have been stip-

ulated for its or their benefit; or to which it is entitled

as one of the principal allied and associated powers; or to

which it is entitled B® virtue of any Act or Acts of Con-

eress; or otherwise. , |

Sec. 5. All property of the Imperial German Govern-

ment, or its successor or successors, and of all German.

nationals which was, on April 6, 1917, in or has since that

date come into the possession or under control of, or has

been the subject of a demand by the United States of

America or of any of its officers, agents, or employees,

from any source or by any agency whatsoever and all prop-

erty of the Imperial_and Royal Austro-Hungarian Govern-

ment or its successor or successors, and of all Austro-

Hungarian nationals which was on December 7, 1917, in

or has since that date come into the possession or. under °

control of, or has been the subject of a demand by the

United States of America or any of its officers, agents, or.

employees, from any source or by any agency whatsoever,

shall be retained by the United States of America and no

han a Ot SPE ok FE I er awn

XXill

disposition thereof made, except as shall have been hereto-

fore or specifically hereafter shall be provided by law until

such time as the Imperial German Government and the

Imperial and Royal Austro-Hungarian Government, or

their successor or successors, shall have respectively made

suitable provision forthe satisfaction of all claims against

said Governments, respectively, of all persons, wheresoever : ’

domiciled, who owe permanent allegiance to the United

States of America and who have suffered, through the acts

of the Imperial German Government, or its agents, or the.

Imperial and Royal Austro-Hungarian Government, or its

agents, since July 31, 1914, loss, damage, or injury to their

persons or property, directly or indirectly, whether through

the ownership of shares of stock-in German, Austro-Hun-

garian, American, or other corporations, or in consequence

of hostilities or of any operations of war, or otherwise,

and‘also shall have granted to persons owing permanent

allegiance to the United States of America most-favored-

nation treatment, whether the same be national or other-

wise, in all matters affecting residence, business, profes-

sion, trade, navigation, commerce and industrial property

rights, and until the Imperial German Government and the

Imperial and Royal Austro-Hungarian Government, or

their successor or successors, shall have respectively con-

firmed to the United States States of America all fines,

forfeitures, penalties, and seizures imposed or made by the

United States of America during the war, whether in

respect to the property of the Imperial German Govern-

ment or German nationals ‘or the Imperial and Royal

Austro-Hungarian Government or Austro-Hungarian na-

tionals, and shall have waived any and all pecuniary claims

against the United States of America.

ba EOL

fi itt.

- ‘ ‘ shes

. as . a

XXiv .

Sec. 6. Nothing herein contained shall be. construed

to repeal, modify or amend the provisions of the joint

resolution “‘declaring that certain Acts of Congress, joint

resolutions and proclamations shall be construed as if .the

war had ended and the present or existing emergency ex-

pired,” approved March 3, 1921, or the passport control

provisions of an Act entitled ‘An act making appropria-

tions for the diplomatic and consudar'service for the fiscal

year ending June 30, 1922,” approved March 2, 1921; nor

to be effective to terminate the military status of any per-

son now in desertion from fhe military or naval service of

the United States, nor to terminate the liability to prosecu-

tion and punishment under the Selective Service law, ap-

proved May 18, 1917, of any person who failed to comply

_ with the provisions of said Act or of Acts amendatory

thereof.

Approved July 2, 1921.

XXV

APPENDIX E

AGREEMENT OF AuGustT 10, 1922, BETWEEN THE UNITED

STATES AND GERMANY FOR A MIXED CLAIMS CoM MIS-

SION (42 Start. 2200)

AGREEMENT

The United States of America and Germany,

‘being desirous, of determining the amount to be paid by

Germany in satisfaction of Germany’s financial obligations

under the Treaty concluded by the two Governments on

August 25, 1921, which secures to the United States and

its nationals rights specified under a resolution of the Con-

gress of the United States of July 2, 1921, including rights

under the Treaty of Versailles, have resolved to submit the

questions for decision to a mixed commission and have ap-

pointed as their plenipotentiaries for the purpose of con-

cluding the following agreement:

AMERICA

Alanson B. Houghton, Ambassador Extraor-

diurary and Plenipotentiary of the United

States of America to Germany,

and

THE PRESIDENT OF THE GERMAN EMPIRE

Dr. Wirth, Chancellor of the German

Empire,

Who, having communicated their full powers, found to

be in good and due form, have agreed as follows:

THE PRESIDENT OF THE UNITED STATES OF

XXV1

ARTICLE I

The commission shall pass upon the following categories

of claims which are more particularly defined in the Treaty

of ‘August 25, 1921, and in the Treaty of Versailles:

(1) Claims of American citizens, arising since July 31,

1914, in respect of damage to, or seizure of, their property,

‘rights and interests, including any company or association

in which they are interested, within German territory as it

existed on August 1, 1914;

(2) Other claims for ‘loss or damage to which the

United States or its nationals have been subjected with re-

spect to injuries to persons, or to property, rights and inter-

ests, including any company or association in which Amer-

ican nationals are interested, since July 31, 1914, as a conése-

quence of the war;

(3) Debts owing to Ameri¢an citizens by the German

Government or by Gerinan nationals.

ARTICLE 1

The Government of the United States and the Govern-

ment of Germany shall each appoint one commissioner. The

two Governments shall by agreement select an umpire to

decide upon any cases concerning which the commissioners

may disagree, or upon any points of difference that may

arise in the course of their-proceedings. Should the umpire

or‘any of the commissioners die or retire, or be unable for

any reason to discharge his functions, the same procedure

shall be followed for filling the vacaney as was followed in

appointing him. |

XXVii

ARTICLE EF

The commissioners shall meet at Washington within two

months after the coming into force of the present agree-

ment. They may fix the time and the place of their subse-

quent meetings according to convenience.

/ ARTICLE IV

The commissioners shall keep an accurate record of the

questions and cases submitted and correct minutes of their

proceedings. To this end each of the Governments may

appoint a secretary, and these secretaries shall act together

as joint secretaries of the commission and shall be subject

to its direction. |

The commission may. also app¢gint and employ any other

necessary Officer or officers to assist in the performance of

its duties. The compensation to be paid to any such officer

~ or officers shall be subject to the approval of the two Govern-

ments.

ARTICLE V

Each Government shall pay its own expenses, including

~~” ccmineasnbions of its own commissioner, agent or counsel.

All other expenses which by, their nature are a charge on

both Governments, including the honorarium of the umpire,

shall be borne by the two Governments in equal moieties.

ARTICLE VI

The two Governménts may designate agents and counsel

who may present oral or written arguments to the commis-

sion.

GM ently Pn aa.

LER OE Pe! we FOS 2

XXVilly ars

The commission shall receive and consider all written

statements or documents which may be presented to it by

or on behalf of the respective Governments in support of

or in answer to any claim.

The decisions of the commission and those of the umpire

(in case there may be any) shall be accepted as final and

binding upon the two Governments.

ARTICLE VII

The present agreement shall come into force on the date

of its signature.

IN FAITH WHEREOF, the above named plenipotentiaries

have sigtfed the present agreement and have hereunto affixed

their seals.

Done in duplicate at Berlin this tenth day of August

1922. \

: \

[SEAL] ALANSON B. HovuGurTon.

[SEAL] WIRTH.

eres

XX1X

APPENDIX F

TREATY OF BERLIN (42 Start. 1939)

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A Proclamation

WuerEAs, by a Joint Resolution of Congress, approved

March 3, 1921, it was declared that certain Acts of Con-

gress, joint resolutions and proclamations should be con-

strued as if the war between the United States of America

and the Imperial German Government had ended, but cer-

tain acts of Congress and proclamations issued in pursuance

thereof were excepted from the operation of the said

resolution ;

a=

WuereEas, by a Joint Resolution of Congress approved

July 2, 1921, the state of war which was declared by the

Joint Resolution of Congress approved April 6, 1917, to

exist between. the United States of America and the Im-

perial German Government was declared at an end;

Wuereas, a treaty between the United States and

Germany was signed at Berlin on August 25,.1921, to re-

store the friendly relations existing between the two na-

tions prior to the outbreak of war, which treaty is word for

word as follows:

THE UNITED STATES OF AMERICA AND GERMANY

Considering that the United States, acting in

conjunction with its co-belligerents, entered into an

Armistice with Germany on November 1i, 1918, in

order that a Treaty of Peace might be concluded;

Considering that the\Treaty of Versailles was

signed on June 28, 1919, \and came into force ac-

\

| ’

FEIT ALY NEL RE ITD

VP OO RE

ait ae ce Wd Valet 3 Beesyry BETS

PIRACY OP

POPE DRO MINS ot

SIR alates ie Nisa Re ent OF

oa LEE TT Fa aE

rege re —

a”

bee SORES eR es ERS EMT AE EIR TE RN OEE INT NS

Aa a)

cording to the terms of its Article 440, but has not

been ratified by the United States;

Considering that the Congress of the United

States passed a Joint Resolution, approved by the

President July 2, 1921, which reads in part as fol-

lows: :

“RESOLVED BY THE SENATE AND HOUSE oF

REPRESENTATIVES OF THE UNITED STATES OF

AMERICA IN CONGRESS ASSEMBLED, That the state.

of war: declared to exist between the Imperial

German Government and the United States of’

America by the. joint resolution of Congress ap-

proved April 6, 1917, is hereby declared at an end.

“Sec. 2. That in making this declaration, and

as a part of it, there are expressly reserved to the

United States of America and its nationals any and

all rights, privileges, indémnities, reparations, or

advantages, together with the right to enforce the

same, to which it or they have become entitled under

the terms of the armistice signed November 11,

1918, or any extensions or modifications thereof;

or which were acquired by or are in the possession

of the United States of America by reason of its

participation in the war or to which its nationals

have thereby become rightfully entitled; or which,

under the treaty of Versailles, have been stipulated

‘for its or their benefit: or to which it is entitled as

one of the principal allied and associated powers; or

to which it is entitled by virtue of any Act or Acts

of Congress; or otherwise.

* *K * * *K * *K *

“Sec. 5. All property of the Imperial German

Government, or its successor or successors, and of

all German nationals, which was, on April 6, 1917,

in or has since that date come into the possession or

XXX1

under control of, or has been the subject of a de- |

mand by the United States of America or of any of 7

its officers, agents, or employees, from any source

or by any agency whatsoever, and all property of

4

, <4 ‘

the Imperial and Royal Austro-Hungarian Govern- 5

ent, or its successor or guiccessors, and of all Aus- F

tro-Hungarian nationals which was ‘on December.

7, 1917, in or has since that date come into the pos-

session or under control of, or has, been the subject

of a demand by the United States of America or any

of its officers, agents, or employees, from any source

or by any agency whatsoevér, shall be retained by

the Wnited States of America and no disposition

thereof made, except as shall have been heretofore

or specifically hereafter shall be provided by law

until such time as the Imperial German Government

and the Imperial and Royal Austro-Hungarian Gov-

ernment, or their successor or successors, shall have fe

respectively made suitable provision for the satisfac- ;

tion of all claims against said Governments respec- ,

tively, of all persons, wheresoever domiciled, who

owe permanent allegiance to the United States of.

Americaand who have suffered, through the acts of

the Imperial German Government, or its agents, or

the Imperial and Royal Austro-Hungarian Govern-

ment, or its agents, since July 31, 1914, loss, dam-

age, or injury to their persons or property, directly

or indirectly, whether through the ownership of

shares of stock in German, Austro-Hungarian,

American, or other, corporations, or 1n consequence

of hostilities or of any operations of war, or other-

wise, and also shall have granted to persons owing

permanent allegiance to the United States of Am-

erica most-favored-nation treatment, whether the

same be national or otherwise, in all matters affect-

ing residence, business, profession, trade, naviga-

tion, commerce and industrial property rights, and

ewan

0 ea ci

$i

XXXii

until the Imperial German Government and the Im-

perial and Royal Austro-Hungarian Government,

or their successor or successors, shaJl have respec- .

tively confirmed to the United States of America

all fines, forfeitures, penalties, and seizures imposed

or made by the United States of America during the

war, whether in respect to the property of the Im-

perial German Government or German nationals or

the Imperial and Royal Austro-Hungarian Govern-

ment or Austro-Hungarian nationals, and shall have

waived any and all pecuniary claims against the

United States of America.”

Being desirous of‘restoring the friendly relations exist-

ing between the two Nations prior to the outbreak of war:

Have for that purpose appointed their plenipotentiaries:

THE PRESIDENT OF THE UNITED STATES OF

AMERICA ;

-Ellis Loring Dresel, Commissioner of the

United States of America to Germany,

and

Tue PrestpENT OF THE GERMAN EMPIRE

Dr. Friedrich Rosen, Minister for Foreign

Affairs,

Who, having communicated their full powers, found to

be in good and due form, have agreed as follows:

ARTICLE I

Germany undertakes to accord to the United States,

and the United States. shall have and enjoy, all the rights,

privileges, indémnities, reparations or advantages specified

in the aforesaid Joint Resolution of the Congress of the

United States of July 2, 1921, including all the rights and

XXXiil

. advantages stipulated for the benefit of the United States

in the Treaty of Versailles which the United States shall

fully enjoy notwithstanding the fact that such Treaty has

not been ratified by the ‘United States.

ARTICLE II

With a view to defining more particularly the obliga-

tions of Germany under the foregoing Article with respect

to certain provisions in the’ Treaty of Versailles, it is under-

stood and agreed between the High Contracting Parties:

(1) That the rights and advantages stipulated in that

Treaty for the benefit of the United States, which it is

intended the United States shall have and enjoy, are those

defined in Section 1, of Part IV, and Parts V, VI, VIII,

IX, X, XI, XII, XIV, and XV.

The United States in availing itself of the rights and

advantages stipulated in the provisions of that Treaty

mentioned in this paragraph will do so in a manner con-

_ sistent with the rights accorded to Germany under such

provisions.

(2) That the United States shall not be bound by the

provisions of Part I of that Treaty, nor by any, provisions

of that Treaty including those mentioned in Paragraph (1)

of this Article, which relate to the Covenant of the League

of Nations, nor shall the United States be bound by any

action taken by the League of Nations, or by the Council

or by the Assembly thereof, unless the United States shall

expressly give its assent to such action. ,

(3) That the United States assumes no obligations

‘under or with respect to the provisions of Part II, Part.

Serer Se DAE Mi HORII, TAROT rene .

pa Sil :

as’ > . < $2 SQ

XXXIV

III, Sections 2 to 8 inclusive of Part IV, and Part XIII

of that Treaty.

(4+) That, while the United States is privileged to par-

ticipate in the Reparation Commission, according to the

terms of Part VIII of that Treaty, and in any other Com-

mission established under the Treaty or under any agree-

ment supplemental thereto, the United States is not bound

to participate in any such commission unless it shall elect

to do so.

<

(5) That the periods of time to which reference is

made in Article 440 of the Treaty of Versailles shall run,

with respect to any act or election on the part of the United

States, from the date of the coming into force of the present

Treaty.

ARTICLE III

.

The present Treaty shall be ratified in accordance with

the constitutional forms of the High Contracting Parties

and shall take effect immediately on the exchange of ratifi-

cations which shall take place as soon as possible at Berlin.

IN WITNESS WHEREOF the respective plenipotentiaries

have signed this Treaty and have hereunto -affixed their

seals. | |

Done in duplicate in Berlin this twenty-fifth day of

August 1921.

[ SEAL | Eviis. Lortinc DRESEL

[ SEAL | : ROsEN

*

AXXV

AND WHEREAS, the said treaty has been duly: ratified on

both parts, and the ratifications of the.two countries were

-exchanged at Berlin on November 11, 1921;

Now THEREFORE be it known that I, Warren G. Hard-

ing,.President of the United States of America, hereby pro-

- claim that the war between the United States and Germany

terminated on July 2, 1921, and cause the said treaty to be

made public to the end that every article and clause thereof

may be observed and fulfilled with good faith by the United

States and the citizens thereof.

IN WITNESS WHEREOF, I have hereunto set my hand —

and caused the seal of the United States to be affixed.

DonE at the City of Washington this fourteenth day

of November One Thousand: Nine Hundred and Twenty-

one and of the Independence of the United States of Amer-

ica the One Hundred and Forty-sixth.

[SEAL ] "WARREN G. HARDING

By the President:

CHARLES E. HuGues

Secretary of State.

Pee OE

SMR NT

eae cee

SRT EME EATS