ARTICLE 9.
Expenses.

A. The salaries and expenses of the Delegates and of their staffs shall be paid by their own Governments.

B. The common expenses of the Agency shall be met from the funds of the Agency. For the first two years from the date of the establishment of the Agency, these funds shall be contributed in proportion to the percentage shares of the Signatory Governments in Category B and thereafter in proportion to their percentage in Category A.

Č. Each Signatory Government shall contribute its share in the budget of the Agency for each budgetary period (as determined by the Assembly) at the beginning of that period; provided that each Government shall, when this Agreement is signed on its behalf, contribute a sum equivalent to not less than its Category B percentage share of £50,000 and shall, within three months there after, contribute the balance of its share in the budget of the Agency for the budgetary period in which this Agreement is signed on its behalf.

D. All contributions by the Signatory Governments shall be made in Belgian francs or such other currency or currencies as the Agency may require.

ARTICLE 10.

Voting of the Budget.

In considering the budget of the Agency for any budgetary period, the vote of each Delegate in the Assembly shall be proportional to the share of the budget for that period payable by his Government.

ARTICLE 11.

Official Languages.

The official languages of the Agency shall be English and French. ARTICLE 12.

Offices of the Agency.

The seat of the Agency shall be in Brussels. The Agency shall maintain liaison offices in such other places as the Assembly, after obtaining the necessary consents, may decide.

ARTICLE 13.

Withdrawal.

Any Signatory Government, other than a Government which is responsible for the control of a part of German territory, may withdraw from the Agency after written notice to the Secretariat.

ARTICLE 14.

Amendments and Termination.

This Part II of the Agreement can be amended or the Agency terminated by a decision in the Assembly of the majority of the Delegates voting, provided that the Delegates forming the majority represent Governments whose shares constitute collectively not less than 80 per cent of the aggregate of the percentage shares in category A.

ARTICLE 15.

Legal capacity.-Immunities and Privileges.

The Agency shall enjoy in the territory of each Signatory Government such legal capacity and such privileges, immunities and facilities, as may be necessary for the exercise of its functions and the fulfilment of its purpose. The representatives of the Signatory Governments and the officials of the Agency shall enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Agency.

PART III. RESTITUTION OF MONETARY GOLD.

SINGLE ARTICLE.

A. All the monetary gold found in Germany by the Allied Forces and that referred to in paragraph G below (including gold coins, except those of numismatic or historical value, which shall be restored directly if identifiable) shall be pooled for distribution as restitution among the countries participating in the pool in proportion to their respective losses of gold through looting or by wrongful removal to Germany.

B. Without prejudice to claims by way of reparation for unrestored gold, the portion of monetary gold thus accruing to each country participating in the pool shall be accepted by that country in full satisfaction of all claims against Germany for restitution of monetary gold.

C. A proportional share of the gold shall be allocated to each country concerned which adheres to this arrangement for the restitution of monetary gold and which can establish that a definite amount of monetary gold belonging to it was looted by Germany or, at any time after March 12th, 1938, was wrongfully removed into German territory.

D. The question of the eventual participation of countries not represented at the Conference (other than Germany but including Austria and Italy) in the above mentioned distribution shall be reserved, and the equivalent of the total shares which these countries would receive, if they were eventually admitted to participate, shall be set aside to be disposed of at a later date in such manner as may be decided by the Allied Governments concerned.

E. The various countries participating in the pool shall supply to the Governments of the United States of America, France and the

United Kingdom, as the occupying Powers concerned, detailed and verifiable data regarding the gold losses suffered through looting by, or removal to, Germany.

F. The Governments of the United States of America, France and the United Kingdom shall take appropriate steps within the Zones of Germany occupied by them respectively to implement distribution in accordance with the foregoing provisions.

G. Any monetary gold which may be recovered from a third country to which it was transferred from Germany shall be distributed in accordance with this arrangement for the restitution of monetary gold.

PART IV. ENTRY INTO FORCE AND SIGNATURE.

ARTICLE 1.

Entry into force.

This Agreement shall be open for signature on behalf of any Government represented at the Paris Conference on Reparation.

As soon as it has been signed on behalf of Governments collectively entitled to not less than 80 p. 100 of the aggregate of shares in Category A of German reparation, it shall come into force among such Signatory Governments.

The Agreement shall thereafter be in force among such Governments and those Governments on whose behalf it is subsequently signed.

ARTICLE 2.
Signature.

The signature of each contracting Government shall be deemed to mean that the effect of the present Agreement extends to the colonies and overseas territories of such Government, and to territories under its protection or suzerainty or over which it at present exercises a mandate.

In witness whereof, the undersigned, duly authorized by their respective Governments, have signed in Paris the present Agreement in the English and French languages, the two texts being equally authentic, in a single original, which shall be deposited in the Archives of the Government of the French Republic, a certified copy thereof being furnished by that Government to each signatory Government. [Here follow the signatures of the duly authorized agents of the signatory governments.]

203. RESTITUTION OF MONETARY GOLD1

Establishment of Tripartite Commission, September 27, 1946

1. In order to implement Part III of the Agreement on Reparation, signed in Paris on January 14th, 1946, the Government of the United States of America, His Majesty's Government of the United Kingdom

Department of State Bulletin of September 29, 1946, p. 563.

and Northern Ireland, and the Government of France have established, on September 27th, 1946, a Commission known as the Tripartite Commission for the Restitution of Monetary Gold.

2. Each of the three Governments will appoint as from September 27th, 1946, a Commissioner as its representative on the Commission. 3. The Tripartite Commission for the Restitution of Monetary Gold shall normally sit in Brussels, but shall be independent of the Inter-Allied Reparation Agency already located there. The Commission is nevertheless empowered to communicate, on behalf of the three Governments concerned, with the Allied Governments, Members of the Inter-Allied Reparation Agency, through the Delegates accredited to the Agency by those Governments, with the Secretariat of the Agency, and, when necessary, with other Governments, on questions arising out of Part III of the Paris Agreement on Reparation.

4. The official languages of the Tripartite Commission for the Restitution of Monetary Gold shall be English and French.

5. The functions of the Tripartite Commission for the Restitution of Monetary Gold shall be:

(a) To request the submission of and to receive from Governments claiming the right to participate in the division of monetary gold found in Germany or which may be recovered from a third country to which it was transferred from Germany, claims for restitution of gold looted by or wrongfully removed to Germany, supported by detailed and verifiable data regarding such losses.

(b) To scrutinize claims received and to determine the share of each claimant Government in the pool of monetary gold to be distributed by way of restitution in accordance with Part III of the Paris Agreement on Reparation and any other pertinent agreements.

(c) In due course to announce the total value of the pool of monetary gold which will become available for distribution by way of restitution. (d) When all claims for restitution have been received and adjudicated upon, to announce the share in the pool of monetary gold available for restitution to each country entitled to participate in the pool. (e) In such other ways as shall be decided by the three Governments establishing the Commission, to assist in the distribution of the pool of monetary gold available for restitution.

(To perform such administrative acts as may be necessary to carry out the functions referred to in sub-paragraphs (a) through (e) above, including, without limiting the generality of the foregoing, the opening and maintaining of bank accounts, and the making of contracts for the performance of necessary services. Expenses of the Commission incident to the carrying out of its functions shall be a first charge against the fund of monetary gold to be distributed.

6. Decisions of the Commission shall be by unanimous agreement of its members.

7. An official publication of the above text is being made in the London Gazette, the State Department Bulletin, and in the Journal Officiel de la République Française.

September 27th, 1946

204. REPARATIONS RECEIVED BY THE UNITED STATES Summary Statement by the U. S. Delegation, March 25, 19471

The United States has thus far received as reparations from Germany:

"Industrial capital equipment: (A) Through IARA, 66,666; (B) directly, less than 10,000,000; ships: 5,000,000; German external assets: 150-250,000,000; current production: none; gold: none; total: less than 275,000,000.

"[The tabulation is in dollars.]"

A. Industrial capital equipment. As of the end of February 1947, the Inter-Allied Reparation Agency has been allocated slightly more than Reichsmarks 300 million in industrial capital equipment consisting of 71 plants on advance reparation account, the generalpurpose equipment from 51 war plants and the equipment included in French and British emergency removal programs. Of this amount IARA has completed the allocation of Reichsmarks 62 million. Of the Reichsmarks 62 million allocated, the United States has received approximately Reichsmarks 200,000.

NOTE: For the purpose of this tabulation the Reichsmark has been valued at 3 to the dollar.

The United States has made certain removals of industrial capital equipment from Germany which have not taken place through the Inter-Allied Reparation Agency. These removals were ordered to further our war effort prior to the Japanese surrender. Evaluation of the removals conducted by the United States is now being compiled. The value of all these removals is not large and is not expected to exceed $10,000,000. When the evaluation has been completed it will be reported to the Council of Foreign Ministers and the Inter-Allied Reparation Agency.

B. Ships. The Inter-Allied Reparation Agency has allocated practically all ships assigned to it by the tripartite Merchant Marine Commission. The value of these ships has been placed at Reichsmarks 220 million. The United States has received ships valued at Reichsmarks 15.5 million.

The

C. German external assets. External assets to be received from Germany as reparation by all members of the Inter-Allied Reparation Agency is expected to amount to less than $600 million. No final figures can be given because of liquidation still in progress. United States will receive between $150 and $250 million. The amount to be realized by the United States cannot be stated with greater accuracy at this time, because of doubt as to whether one substantial asset is in fact German or of other nationality. This doubt is being resolved in the courts.

1 Department of State Bulletin of April 6, 1947, p. 609. Paper circulated within the Council of Foreign Ministers in Moscow on March 25, 1947, and released to the press in Moscow on the same date and in Washington on March 26.