Page:United States Statutes at Large Volume 45 Part 2.djvu/1023

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AGREEMENT-GERMANY. DECEMBER 31, 1928. 2699 Government considers that it would not be feasible to require the deposit of a fee as a condition precedent to the adjudication of the claims. In an effort, however, to meet the views of your Government that it should be relieved of this additional expense, the President would be willing to recommend to the Congress that the one-half of one per cent. which the Secretary of the Treasury is authorized by the "Settlement of War Claims Act of 1928" to deduct from awards made by the Mixed Claims Commission before payment thereof to the claimants as reimbursement for the expenses of the United States incident to the adjudication of the claims, shall, in so far as regards the late claims, be made available to your Government for defraying such expenses as may be incurred by your Government in connec- tion with the adjudication of such late claims. I, therefore, suggest Termssuggested. the following as the terms of the agreement between the two Govern- ments: (P That ~ the late cla.i~s of American nationals agaiD;st Germany, t/h<~~:::'nl:~;= notice of which was filed With the Departm(;nt of State pnor to JulY' 1, six months from Fcbru- 1928, of the character of which the Mixed Claims Commission, Umted ary 1, 19~. States and Germany, now has jurisdiction under the claims agree- ment concluded between the United States and Germany on August 10, 1922, shall be presented to the Commission with the supporting evidence within six calendar months from the first day of February, 1929; (2) That the answer of the German Government to each claim in G~~=~r~ presented shall, together with supporting evidence, be filed with the presentation. Commission within six calendar months from the date on which the claim is presented to the Commission, as provided for in paragraph 1; (3) That the subsequent progress of the claims before the Com- Procedure. mission, including the submission of additional evidence and the filing of briefs, shall be governed by rules prescribed by the Commission, it being understood that both Governments are equall'y desirous of expediting the completion of the work of the CommisSIon; (4) That the preparation and adjudication of the claims shall be Adjudication. governed by the same legal principles as have so far been applied in the proceedings before the Mixed Claims Commission; (5) That the President will recommend to the Congress that the Reco~mcndation for . . deduction from sward one-half of one per cent. which the Secretary of the Treas~ 18 to German expenses. authorized by the "Settlement of War Claims Act of 1928" to deduct from awards made by the Mixed Claims Commission before payme:J.t thereof to the claimants for application to the expenses of the United States incident to the adjudication of the claims, shall, in so far as regards the late claim3, be made available to the German Gnvern- ment for defraying such expenses as may be incurred by that Govern- ment in connection with the adjudication of such late claims. . Upon the receipt from you of a note expressing the concurrence. Effect of concurrence f G . th d'. li d' h 1 In agreement. o your overnment In e con ItlOns out ne III paragrap s to Ante, p . 253 . 5 inclusive, the agreement contemplated by paragraph (j) of Section 2 of the "Settlement of War Claims Act of 1928" will be regarded as consummated. Accept, Excellency, the renewed assurances of my highest con- sideration. FRANK B. KELLOGG His Excellency Herr FRIEDRICH WILHELM VON PRITTWITZ UND GAFFRON Ambassador of Germany