Convention on the Settlement of Matters Arising Out of the War and the Occupation (Bonn, 26 May 1952)

The United States of America, the United Kingdom of Great Britain and Northern Ireland, the French Republic and the Federal Republic of Germany agree as follows:

CHAPTER ONE.-GENERAL PROVISIONS

ARTICLE 1

1. The Federal and Land authorities shall have the power, in accordance with their respective competences under the Basic Law of the Federal Republic, to repeal or amend legislation enacted by the Occupation Authorities, except as otherwise provided in the Convention on Relations between the Three Powers and the Federal Republic of Germany or any of the related Conventions listed in Article 8 thereof. Until such repeal or amendment, legislation enacted by the Occupation Authorities shall remain in force. Legislation enacted by the Control Council shall not be subject to repeal or amendment. Legislation by which the provisional boundaries of the Federal Republic have been established, or which is required to be maintained in force by other provisions of the Convention on Relations between the Three Powers and the Federal Republic of Germany or any of the related Conventions, may only be amended or repealed with the consent of the Three Powers.
2. The Three Powers hereby delegate to the Federal Republic the right to deprive of effect within its territory, after consultation in each case with the Three Powers, all such legislation of the Control Council as is not required to be maintained in force by other provisions of the Convention on Relations between the Three Powers and the Federal Republic of Germany or any of the related Conventions or as shall not have been required to be maintained in force by the Three Powers in the exercise of their rights relating to Berlin and to Germany as a whole, including unification of Germany and a peace settlement, referred to in the Convention on Relations between the Three Powers and the Federal Republic of Germany, as listed in a communication on behalf of the Governments of the Three Powers to the Federal Chancellor bearing the date of the signature of the present Convention.
3. The term ” legislation ” as used in the present Convention includes proclamations, laws, ordinances, decisions (other than Court decisions), directives, regulations, orders, licenses or any other similar enactments which have been officially published. Reference to any specific legislation shall include each and every part thereof, including the preamble, unless otherwise expressly provided.
4. The official text or texts of legislation referred to in this Article shall be the text or texts which was or were official at the time of enactment.
5. The term ” Occupation Authorities ” as used in this Chapter means the Control Council, the Allied High Commission, the High Commissioners of the Three Powers, the Military Governors of the Three Powers, the Armed Forces of the Three Powers in Germany, and organisations and persons exercising power on their behalf or, in the case of international organisations and organisations representing other Powers (and the members of such organisations), acting with their authorisation, and auxiliary contingents of other Powers serving with the Armed Forces of the Three Powers.

ARTICLE 2

1. All rights and obligations created or established by or under legislative, administrative or judicial action of the Occupation Authorities are and shall remain valid for all purposes under German law whether or not their creation or establishment was in conformity with other legislation. Such rights and obligations shall be subject without discrimination to the same future legislative, judicial and administrative measures as similar rights and obligations created or established by or under German municipal law.
2. All rights and obligations arising under the treaties and the international agreements listed in the enclosure with the communication of the Allied High Commissioners on behalf of the Governments of the Three Powers to the Federal Chancellor bearing the date of the signature of the present Convention and concluded on behalf of one or more of the three Western Zones of Occupation by the Occupation Authorities or by any one or more of the Governments of the Three Powers before the entry into force of the present Convention are and shall remain valid as though they had arisen under effective treaties and. international agreements concluded by the Federal Republic.

ARTICLE 3

1. No person shall be prosecuted or prejudiced in his civil, rights of economic position by the action of German courts or authorities solely on the ground that Ste has, -prior to the entry into force of the present Convention, sympathised with or aided the cause of the Three Powers, or their policies or interests, or furnished information or services to the forces, authorities, or agencies of any one or more of’the Three Powers, or to any person acting under the authority of any of them. The same shall apply in favour of persons who, prior to the entry into force of the present Convention, have shown sympathy to, or aided or furnished with information or services, the Allies of the Three Powers in their common cause. The German authorities shall apply all means at !their disposal to ensure that the objectives of this paragraph are attained.
2. Except as provided in paragraph 3 of this Article, or by special agreement between the Governments of the Three Powers or the Power concerned and the Federal Government, German courts and authorities shall have no jurisdiction in any criminal or non-criminal proceedings relating to an act or omission which occurred before the date of entry into force of. the present Convention, if immediately prior to such date German courts and authorities were without jurisdiction with respect to such act or omission whether ration materiae or ratione personae.
3. Subject to the’ provisions of paragraph 1 of this Article and to any other relevant provision of the Convention on Relations between the Three Powers and the Federal Republic of Germany, or of the related Conventions, German courts may exercise such jurisdiction as they have under German law in respect of:

(a) non-criminal proceedings based on private law:

(i) against juristic persons, if the jurisdiction of German courts was previously excluded solely on the ground that such juristic,persons were subject to the control of the Occupation Authorities under SHAEF and Military Government Laws No. 52 on Blocking and Control of Property, Control Council Law No. 9 Providing for the Seizure of Property Owned by I. G. Farbenindustrie and the Control thereof, or Allied High Commission Law No. 35 on Dispersion of Assets of I. G.’ Farbenindustrie A.G.;

(ii) against natural persons, unless such proceedings arise out of, or concern acts or omissions in the course of the performance of, duties or services for the Occupation Authorities, or unless they arise from claims referred to in Article 3 of Chapter Nine of the present Convention. Maintenance cases shall become subject to the jurisdiction of German courts, however, only to, the extent to which maintenance is claimed in respect of a, period commencing after the entry into force of the present Convention;

(b) criminal proceedings against natural persons, unless investigation of the alleged offence was finally completed by the prosecuting authorities of the Power or Powers concerned, or unless’such offence has been committed in the performance of duties or services for the Occupation Authorities. Whenever in any criminal or non-criminal proceedings referred to in this paragraph a question arises whether or not a person has acted in the performance of duties or services for the Occupation Authorities, or whether or not the prosecuting authorities of the Power or Powers concerned have finally completed the investigation of an alleged offence, the German court shall accept a certificate of the Ambassador, or in his absence the Charge d’affaires, of the Power concerned as conclusive proof of such question, to the extent covered by such centificate.

ARTICLE 4

1. No tribunals shall be maintained by the Three Powers in the Federal territory except as specifically provided in the present Convention or except tribunals exercising jurisdiction as contemplated in the Convention on Relations between the Three Powers and the Federal Republic of Germany or any of the related Conventions.
2. For the transitional period referred to in paragraph 3 of this Article, the United States Court and Court of Appeals of the Allied High Commission for Germany, established by Law No. 20 of the United States High Commissioner, the Courts of the Allied High Commission for Germany, British Zone, established by Military Government Ordinance No. 68 (amended 2) and Ordinances No. 222 and 244 of the United Kingdom High Commissioner. and the French Tribunals of the Allied High Commission for Germany, regulated by Ordinance No. 242 of the French High Commissioner, may continue to exercise jurisdiction under legislation of the Allied High Commission and of the High Commissioners to the extent necessary:

(a) to conclude any business before them on the entry into force of the present Convention;

(b) to make a decision in any criminal or non-criminal proceedings, other than criminal proceedings against a German national (within the meaning of German law), based on an act or omission which occurred before the date of entry into force of the present Convention and which was not immediately prior to that date subject to the jurisdiction of the German courts, if such proceedings are instituted within ninety days after the entry into force of the present Convention; and shall continue to apply the applicable law in force immediately prior to the entry into force of the present Convention. The Federal Republic,undertakes that at the request of any one of the Three Powers investigations will be made by the appropriate German authorities regarding alleged violations by German nationals (within the meaning of German law) of legislation of the Occupation Authorities, and that criminal proceedings will be instituted where the investigations show such proceedings to be warranted.

3. The jurisdiction referred to in paragraph 2 of this Article shall, however, terminate ten months after the date of entry into force of the present Convention in the case of appellate tribunals, and six months after that date in the case of other tribunals, except that such tribunals may complete proceedings pending on such termination dates where this appears advisable in view of the status of the proceedings and of the interests of the persons concerned. With a view to completing all matters falling within their jurisdiction, insofar as possible, within the prescribed periods, the courts referred to in paragraph 2 of this Article may transfer any proceedings pending before them to competent German courts whenever the status of the proceedings and the interests of the persons concerned shall permit. In particular, the tribunals shall consider,the possibility of such transfer in all criminal proceedings pending on the entry into force of the present Convention in which a German national (within the meaning of German law) is a defendant. The German court to which such transfer is made shall apply the applicable substantive law referred’ to in paragraph 2 of this Article.
4. The legislation referred to in paragraph 2 of this Article shall be maintained in force for such period as is necessary to effect the purposes of that paragraph.

ARTICLE 5

1- All judgments and decisions in non-criminal matters heretofore or hereafter rendered in Germany by any tribunal or judicial authority of the Three Powers or any of them shall remain final and valid for all purposes under German law, shall be treated as such by German courts and authorities and shall, on the application of a party, be enforced by them in the same manner as judgments and decisions of German courts and authorities.

2. Finality (Rechtskraft) shall, if it does not appear from a certified copy of the judgment, be conclusively proved by a certificate of the appropriate authorities of the Power concerned.
3. In connection with the enforcement of judgments objections affecting a claim reduced to judgment may be asserted by proceedings before the competent German court under Section 767 of the German Code of Civil Procedure.

ARTICLE 6

1. There is hereby established a Mixed Board (referred to in this ‘Article as “the Board “). The task of the Board will be, without calling in question the validity of the convictions, to make recommendations for the termination or reduction of sentences, or for parole, in respect of persons convicted by a tribunal of an Allied Power of crimes against humanity or against the laws and usages of war or of crimes committed during the war, commonly referred -to as ” war crimes “, and confined by the Three Powers in prisons in the Federal Republic on the entry into force of the present Convention.
2. The Board shall consist of six members, of whom one shall be appointed by the Government of each of the Three Powers and three by the Federal Government. The members of the Board shall be independent persons not exercising other official functions except as a judge or university teacher and not subject to instructions of the appointing Governments in formulating their recommendations. No person may be appointed who has participated in any manner in any war crimes trial.
3. (a) The right to terminate or reduce sentences and to grant parole in respect of persons referred to in paragraph 1 of this Article shall be exercisable by the Power which imposed the sentence.

(b) The right shall not be exercised unless the Board has previously made a recommendation. A unanimous recommendation of the Board shall be ‘binding upon the Power which imposed the sentence.

(c) Save on matters dealt with in paragraphs 5 and 8 of this Article. the Board shall act only at the request of one of the Four Governments relating to a particular case or on the receipt of a petition by or on behalf of a person referred to in paragraph I.

4. The Three Powers retain the rights heretofore held and exercised by them relating to the custody and carrying out of sentences of the persons referred to in paragraph 1 of this Article and will continue to exercise such rights until the Federal Republic is in a position to accept the custody of such persons.
5. The Federal Republic undertakes that at the time when the Three Powers transfer custody of the persons referred to in paragraph I of this Article to it, it will continue to confine such persons for the remainder of their sentences, as then in effect or as thereafter modified by the procedure provided in this Article, under the same conditions that govern their detention on the date of such transfer of custody. Changes in those conditions after such date shall be made only in accordance with decisions of the Board. In these matters the Board’s decisions shall be final.
6. After the Board has been constituted, its members shall have free access to the institutions in which the persons referred to in paragraph I of this Article are confined and to such persons themselves.
7. The Board shall act by the vote of a majority of its six members.
8. The Board shall have exclusive power to decide, without reference to Governments, questions of interruption of sentences on compassionate or other grounds in accordance with principles and rules of procedure adopted by it. Pending the adoption of such principles and rules, the Board shall continue to apply the existing practices of each of the Three Powers in this field to the persons in the custody of such Power.
9. Notwithstanding the provisions of paragraphs 3 and 8 of this Article, and until the Board shall have commenced to function, each of the Three Powers may continue existing procedures with respect to reduction of sentences, release and interruption of sentences on compassionate or other grounds, without receiving any recommendation from the Board..
10. The rights of the Three Powers referred to in sub-paragraph (a) of paragraph 3 and in paragraph 4 of this Article and, without prejudice to the provisions of sub-paragraph (b) of paragraph 3 and of paragraphs 6 and 8, action taken thereunder shall not be subject to the jurisdiction of the Arbitration Tribunal or of any other tribunal or court.
11. The provisions of Article 7 of this Chapter shall not apply to the matters dealt with in, this Article.

ARTICLE 7

1. All judgments and decisions in criminal matters heretofore or hereafter rendered in Germany by any tribunal or judicial authority of the Three Powers or any of them shall remain final and valid for all purposes under German law and shall be treated as such by German courts and authorities.
2. The German authorities will confine in German institutions until the termination of their sentences persons, other than members of the Forces (as defined in the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germanyx2), who have been or shall be sentenced by, or who are held for trial before, any tribunal referred to in paragraph 1 of this Article.
3. The German authorities shall treat persons confined in German institutions pursuant to paragraph 2 of this Article in accordance with humane penological principles and in the same manner as is prescribed for persons sentenced by, or held for trial before, German courts. The authorities of the Three Powers shall have access to German institutions in which such persons are confined and to such persons themselves.
4. The costs of confinement in German institutions pursuant to this Article shall be borne by the German authorities.
5. There shall be established within thirty days after the entry into force of the present Convention a Mixed Clemency Advisory Board consisting, on a basis of parity, of not less than one member appointed by the Government of each of the Three Powers and not less than ithree members appointed by the Federal Government. The Board shall sit in panels consisting of one member appointed by the Government of the Power concerned and one of the members appointed by the Federal Government, for the purpose of making recommendations to the Power concerned or the Federal Republic, as required in paragraphs 6 and 7 of this Article, in matters of termination or reduction of sentence, parole, pardon and other acts of clemency regarding persons confined in German institutions pursuant to the provisions of paragraph 2 of this Article.
6. The Federal Republic shall have the exclusive right to make final decisions in all matters of termination or reduction of sentences, parole, pardon and other acts of clemency regarding German nationals (within the meaning of German law) confined, pursuant to paragraph 2 of this Article, in German institutions under German control. The recommendation of the Mixed Clemency Advisory Board established pursuant to paragraph 5 of this Article shall be obtained prior to any such decision. In cases of persons sentenced for offences against Allied personnel or property or against the Allied administration in Germany the Federal Republic shall make decisions in favour of such persons only in accordance with the recommendation of the appropriate panel of the Board. .
7. Each of the Three Powers shall have the exclusive right to make final decisions in all matters of termination or reduction of sentences, parole, pardon and other acts of clemency regarding all persons, other than those referred to in paragraph 6 of this Article, sentenced by its courts and confined, pursuant to paragraph 2 of this Article, in German institutions under German control. The recommendation of the Miked Clemency Advisory Board established pursuant to paragraph 5 of this Article shall be obtained prior to any such decision.

ARTICLE 5

The following persons shall enjoy immunity from suit within the Federal territory during their terms of office and, after the expiry of their terms of office, shall continue to enjoy such immunity in respect of acts performed in the exercise of their official duties:

(a) members of the tribunals referred to in paragraph 2 of Article 4 of this Chapter;

(b) members of the tribunals, referred to in paragraph 1 of Article 6 of Chapter Three of the present Convention, to which the Supreme Restitution Court succeeds;

(c) members, appointed by any of the Three Powers, of the Mixed Board established by paragraph 1 of Article 6 of this Chapter or of the Mixed Clemency Advisory Board established pursuant to paragraph 5 of Article 7 of this Chapter;

(d) members, appointed by any of the Three Powers, of the Board of Review referred to in paragraph 1 of Article 12 of this Chapter. During their terms of office they shall also enjoy in the Federal territory the same privileges and immunities as are accorded members of diplomatic missions.

ARTICLE 9

1. The Allied High Commission legislation concerning the reorganisation of the German coal mining and iron and steel industries, to the extent that such legislation is in force on the date of the entry into force of the present Convention, shall be maintained in force in so far and so long as deconcentration measures ordered before that date are still to be carried out or claimants are still to be protected.
2. The Federal Government shall ensure that the measures decreed under the legislation referred to in paragraph 1 of this Article by regulations or orders of the Allied High Commission or of its subordinate bodies as well as the measures required to be taken in implementation of the plans approved by such orders shall be carried through to completion.
3. The provisions of this Article shall be without prejudice to such expansion or affiliation of enterprises of the German coal mining and iron and steel industries as shall be permitted under the Treaty on the Establishment of the European Community for Coal and Steel.

ARTICLE 10

1. A mixed committee of. experts composed of seven members shall be established according to the following procedure. Three of its members shall be appointed by. the Federal Republic and one by each of the Three Powers immediately after the Federal Government has received the first application under paragraph 3 of this Article and has notified the Three Powers of that fact. The members so appointed shall elect a seventh member by majority vote within six months after this notification. If within that time the seventh member shall not have been elected or shall not have accepted election, the Board of Directors of the Bank for International Settlements shall be requested to appoint as a seventh member an.expert who shall not be a national of any of the Signatory States.
2. The function of the Mixed Committee shall be to consider applications for extensions of the final time for the disposition of securities required by regulations or orders of the Allied High Commission or its subordinate bodies or by reason of the terms of a plan approved by any such order.
3. Applications must be filed with the Federal Government not later than one year before the expiration of the time fixed for the disposition of the securities. The applicant shall, until the decision of the Mixed Committee is rendered, be entitled to file any additional supporting papers.
4. The Mixed Committee shall extend the time fixed for the disposition of the securities, provided that the applicant establishes that all of such securities could not, with the exercise of reasonable efforts, be disposed of on reasonable terms and on a basis which is compatible with the German public interest and that such disposition will not be possible within the remaining time without a disruptive effect on the German capital market.
5. Any extension under paragraph 4 of this Article shall be granted for not more than one year but shall be subject to renewal upon a further application on the basis of the standards set forth in that paragraph. The Mixed Committee may attach appropriate conditions to any such extension or renewal.
6. The decision of a majority of the members shall constitute the decision of the Mixed Committee. The Committee shall render its decision before the expiration of the time fixed for the disposition of the securities.
7. The emoluments of the members of the Mixed Committee shall be paid by each of the Signatory States in respect of the member or members appointed by it. One-half of the emoluments of the seventh member shall be paid by the Federal Republic, and one-sixth by each of the Three Powers. The Mixed Committee may charge the remaining costs, in whole or in part, to the applicants.
8. The Mixed Committee shall adopt its own rules for the conduct of its business.

ARTICLE 11

1. The Allied High Commission legislation concerning the termination of the deconcentration and liquidation of I.G. Farbenindustrie A.G.i.L. to the extent that such legislation is in force on the entry into force of the present Convention shall be maintained in force until the liquidation of the I.G. Farbenindustrie A.G.i.L. in accordance with such legislation has been completely carried out. Those provisions of the legislation referred to in the first sentence of this paragraph which concern rights or obligations (Rechtsverhaltnisse) continuing to exist after the completion of the liquidation of I.G. Farbenindustrie A.G.i.L. shall be maintained in force until such rights and obligations have been completely settled.
2. The Federal Government shall ensure that the measures decreed under the legislation referred to in paragraph 1 of this Article by regulations or orders of the Allied High Commission or of its subordinate bodies shall be carried through to completion.

ARTICLE 12

1. After the entry into force of (the present Convention(s) the Board of Review provided for under Article 13 (as amended) of Allied High Commission Law No. 27 shall consist of one member appointed by each of the Three Powers and three members appointed by the Federal Republic. As so constituted this Board of Review shall continue to be the sole appropriate body to review, on the petition of interested persons, any orders issued under sub-paragraph (c) of Article 5 of Law No. 27, or under paragraph 1 of Article 5 of Allied High Commission Law No. 35. The independence of the members of the Board of Review and their freedom of decision shall not be impaired by instructions or other actions of their Governments. Before rendering a decision the Board of Review shall grant the claimant a hearing.
2. The emoluments of the members of the Board of Review shall be paid by each of the Signatory States in respect of the member or members appointed by it. One-half of the remaining expenses of the Board of Review shall be borne by the Federal Republic, and one-sixth by each of the Three Powers.

ARTICLE 13

In order to facilitate the smooth transition from the Occupation regime to normal diplomatic relationships, and to provide for the accommodation of the Embassies and Consulates of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic, the Governments of the United States, the United Kingdom and the French Republic are hereby granted the right, subject to the payment of: compensation in appropriate cases, to the continued use for a transitional period of the property used by them on the entry into force of the present Convention, provided such property is required for use by the Embassies and Consulates to be set up by them.

CHAPTER TWO.-DECARTELISATION AND DECONCENTRATION

Deleted.

CHAPTER THREE.-INTERNAL RESTITUTION

ARTICLE I

This Chapter relates to:

(a) the restitution of identifiable property to victims of Nazi oppression pursuant to the following legislation:

(i) for the British Zone of Occupation Military Government Law No. 59, as amended or supplemented by Ordinances Nos. 205, 212, 225, 232, 233, 237, 240, 243, 252 and 255 of the United Kingdom High Commissioner, by Notice. No. 1 under Ordinance No. 233 and by Regulations Nos. 1 to 13 inclusive in their last amended versions;

(ii) for the United States Zone of Occupation Military Government Law No. 59, as amended or supplemented by Amendments Nos. I and 2, by Laws Nos. 3, 4, 5, 12, 13, 14, 21 (as amended), 30 and 42 of the United States High Commissioner and by the regulations issued pursuant ithereto;

(iii) for the French Zone of Occupation Ordinance No. 120 of the French Commander-in-Chief, as amended or supplemented by Ordinances Nos. 156, 186, and 213 of the French Commander-in-Chief and by Ordinances Nos. 268 and 274 of the French High Commissioner. Order No. 177 under Ordinance No. 120 (as amended) and Ordinance No. 252 of the French High Commissioner, as amended by Ordinance No. 255;

(b) the restitution or reallocation of property seized under the National Socialist regime from co-operative societies, trade unions, charitable organisations and other democratic organisations, pursuant to Control Council Directive No. 50 and to the following legislation :

(i) for the British Zone Military Government Ordinances Nos. 150 and 159, as amended by Ordinances Nos. 208 and 227 of the United Kingdom High Commissioner, paragraph 3 of Article 4 of Military Government Ordinance No. 202 and Ordinance No. 254 of the United Kingdom High Commissioner;

(ii) for the United States Zone Military Government Law No. 58, as amended or supplemented by Supplement No. I to Instructions Implementing Military Government Law No. 58 and Control Council Directive No. 50, by Regulation No. I pursuant to Military Government Law No. 58 and by Article 2 of Allied High Commission Law No. A-l4

(iii) for the French Zone Ordinance No. 141 of the French Commander-in-Chief;

(c) the blocking, control, administration and final disposal, in accordance with the legislation referred to in sub-paragraphs (a) and (b) of this Article, of the property also referred to in those sub-paragraphs pursuant to SHAEF and Military Government Laws No. 52 (as amended) and the regulations, orders, licences, and instructions issued thereunder, so far as applicable to such property or the proceeds thereof.

ARTICLE 2

The Federal Republic hereby acknowledges the need for, and assumes the obligation to implement fully and expeditiously and by every means in its power, the legislation referred to in Article 1 of this Chapter and the programmes for restitution and re-allocation thereunder provided.. The Federal Republic shall entrust a Federal agency with ensuring the fulfilment of the obligation undertaken in this Article, paying due regard to the provisions of the Basic Law. The following Articles of this Chapter shall not be construed as limiting to the measures therein. specified the obligation assumed under this Article.

ARTICLE 3

1. Subject to the provisions of Article 6 of this Chapter, the legislation referred to in Article I of this Chapter, as amended in paragraph 2 of Article 4 of this Chapter, shall be maintained in force until all claims filed thereunder have been fully dealt with. Moreover, that portion of such legislation as relates to the establishment, rights and continued existence of successor organisations and trust corporations shall be maintained in force until all such organisations and corporations have completed the tasks for which they were created.
2. The Federal Republic may exercise all legislative powers exercisable by the Three Powers or any of them pursuant to such legislation, in a manner not inconsistent therewith, by means of Federal legislation or of ordinances of the Federal Government.
3. Deleted,
4. The Federal Republic hereby undertakes to maintain and to augment or supplement in the several Zones of Occupation of the Three Powers, where necessary for the effective carrying out of the programmes referred to in Article 2 of this Chapter, the existing administrative and judicial agencies or organisations which are concerned with

(a) the blocking, control, administration, unblocking’ and disposal of property subject to claims under the legislation referred to in Article 1;

(b) the filing, investigation, assessment, adjudication and final settlement of claims under that legislation.

5. The Federal Republic further undertakes

(a) Deleted.

(b) Deleted.

(c) Deleted.

(d) at all times after the entry into force of the present Convention, to apply to non-residents who are successful claimants under the legislation referred to in Article 1 of this Chapter, terms and conditions for the following transactions:

(i) the use and disposal (including the removal from the Federal territory) of property restituted to them, or of property acquired in replacement or with the proceeds thereof, and

(ii) the use and disposal of Deutsche Mark balances resulting from the satisfaction of restitution claims and from the proceeds of the realisation of restituted properties including the conversion of such balances into foreign exchange and the transfer abroad of such exchange which shall be no less favourable than those applicable to them immediately before the entry into force of the present Convention, or than those which may, at the time of the transaction, be applicable to owners of other property who give up their ordinary residence in the Federal territory, whichever are the more favourable.

6. The undertakings of the Federal Republic pursuant to this Article and to Article 2 of this Chapter shall not involve any direct obligation with regard to the establishment of the Restitution Agencies of the Lander, and the agencies of the Lander dealing with the matters referred to in’ subparagraph (c) of Article 1 of this Chapter, and their administrative procedures. However, no changes shall be made with regard to existing establishments and administrative procedures which would in any way impede or endanger the full and expeditious implementation of the programmes referred to in Article 2.

ARTICLE 4

1. The Federal Republic hereby undertakes

(a) subject to paragraph 3 of this Article, to ensure the payment to restitutees of all judgments or awards which have been or hereafter shall be given or made against the former German Reich under the legislation referred to in Article 1 of this Chapter;

(b) to assume forthwith, by appropriate arrangements with the City of Berlin, liability for the payment, on terms corresponding to those set out in this Article, of all judgments and awards against the former German Reich under the internal restitution legislation in force in the Western Sectors of Berlin.

2. The legislation referred to in sub-paragraphs (a) and (b) of Article I of this Chapter shall be deemed to be amended so as to provide that judgments or awards based on indebtedness in Reichsmarks of the former Reich for a sum of money (Geldsummenanspriiche) shall be converted into Deutsche Marks at the rate of ten Reichsmarks for one Deutsche Mark. Judgments or awards for compensation which may be given against the former Reich under the legislation referred to in sub-paragraphs (a) and (b) of Article 1 shall be made in Deutsche Marks assessed in accordance with the general principles of German law’-applicable to the assessment of compensation as set forth in the German Civil Code.
3. The obligation of the Federal Republic to the Three Powers with respect to money judgments and awards under paragraph 1 of this Article shall be satisfied when such judgments ‘and awards shall have been paid or shall, if the Federal Republic so requests, be considered to have been satisfied when the Federal Republic shall have paid a total of DM 1,500,000,000 thereon. In determining the time and method of Payment of such judgments and awards, the Federal Republic may take into consideration its capacity to pay.

ARTICLE 5

Successor organisations and trust corporations appointed pursuant to the legislation referred to in sub-paragraph (a) of Article I of this Chapter, whether or not organised under German law, now enjoy immunity from taxation in the Federal Republic. With regard to taxes the proceeds of which accrue exclusively to the Federation, the organisations and corporations shall continue to enjoy this immunity. They shall also be exempt from any exceptional taxes, levies and imposts, the incidence of which is in fact upon capital assets, imposed in whole or in part for the specific purpose of meeting charges arising out of the war, or out of reparation or restitution to any of the United Nations. With regard to taxes the proceeds of which accrue, in whole or in part, to the Lander, Gemeinden or Gemeindeverbande, the Federal Government will enter into a separate arrangement having in mind the charitable purposes of these organisations and corporations.

ARTICLE 6

1. There is hereby established a Supreme Restitution Court to succeed, under the legislation referred to in sub-paragraph (a) of Article 1 of this Chapter:

(a) the Supreme Restitution Court for the British Zone;

(b) the United States Court of Restitution Appeals of the Allied High Commission for Germany for the United States Zone;

(c) the Higher Court for Restitution (four Superieure pour les Restitutions) for the French Zone.

The composition, jurisdiction, powers and duties of the Supreme Restitution Court shall be as prescribed by the Charter of the Supreme Restitution Court annexed to this Chapter.

2. Each Tribunal to which the Supreme Restitution Court succeeds shall within three months decide those cases in process of final disposition on the entry into force of the present Convention and shall refer to the Supreme Restitution Court all cases not decided at the end of that period. For the purposes of the present Convention, cases which a tribunal, on the entry into force of the present Convention, has not begun to’ investigate and consider judicially, or has investigated and considered judicially only in regard to matters of procedure, shall not be considered as cases which, on the entry into force of the present Convention, were in process of final disposition.

ANNEX TO CHAPTER THREE

Charter of the Supreme Restitution Court

ARTICLE I

1. The Court shall consist of

(a) the President of the Court,

(b) the Presidential Council (Presidium),

(c) three Divisions (Senate).

2. Each Division shall be composed of at least five justices, a Clerk and registry, with sufficient personnel to carry out its functions effectively.
3. State Counsel may be appointed to any of,the Divisions in such a manner as the Governments of the Three Powers and the Federal Government may decide. Paragraphs 3, 4 and 5 of Article 2 and,paragraphs 1, 4, 5 and 6 of Article 3 of the present Charter shall apply mutatis mutandis.
4. A Division shall be dissolved when no further cases remain to be dealt with by it. The terms of office of all its justices shall thereupon terminate. The Court shall be dissolved on the same date as the last active Division is dissolved.
5. The seat of the Court shall. be at Herford. The First Division of the Court shall have its seat at Rastatt, the Second Division at Herford and the Third Division at Nuremberg.
6. The Presidential Council may from time to time with the approval of the Governments of the Three Powers and the Federal Government determine

(a) a new seat for the Court or any of its Divisions,

(b) the number of justices required by any of the Divisions in addition to those appointed in accordance with Article 2,

(c) the date of dissolution of each of the Divisions,

(d) the establishment of administrative and other non-judicial staff required by the Court or any of its Divisions, so far as this is not provided for in the present Charter.

7. Without prejudice to the provisions of paragraph 6 the Presidential Council shall render annual reports to the Governments of the Three Powers and the Federal Government setting forth its requirements for judicial and other personnel for the twelve months next following the date of the report. The first report shall be rendered between the fourteenth and seventeenth month after the entry into force of the present Charter.

ARTICLE 2

The five justices referred to in paragraph 2 of Article 1 shall be appointed as follows:

(a) two justices appointed by the Government of the French Republic in the case of the First Division; two by the Government of the United Kingdom in the case of the Second Division; and two by the Government of the United States in the case of the Third Division;

(b) two justices appointed by the Federal Government;

(c) one justice who shall be neither a national of any of the Three Powers nor a German national, and who shall be appointed by agreement between the Government of the Power designated in sub-paragraph (a) of this paragraph to appoint justices to the Division concerned (hereinafter referred to as ” the Power concerned “) and the Federal Government or failing such agreement, by the President of the International Court of Justice.

2. The Governments of the Three Powers and the Federal Government shall make known their first appointments pursuant to paragraph I of this Article not later than the date of entry into force of the present Charter. By the same date the Power concerned and the Federal Government shall agree upon the justice referred to in subparagraph (c) of paragraph 1. If he has not been appointed within one month after that date, either the Power concerned or the Federal Government may request the President of the International Court of Justice to appoint him. The provisions of the preceding sentence shall also apply if the Power concerned and the Federal Government fail to agree on the appointment of an additional justice who is not to be appointed unilaterally by the Power concerned or the Federal Government, within one month after approval of a decision of the Presidential Council under subparagraph (b) of paragraph 6 of Article 1 of the present Charter that such an additional justice is required.
3. The justices appointed by the Governments of the Three Powers shall be qualified in accordance with the legislation referred to in Article 1 of the foregoing Chapter. The justices appointed by the Federal Government shall be qualified for judicial office in a Land of the Federal Republic. The other justices shall have the qualifications required in the country of which they are nationals or residents for appointment to judicial office or equivalent qualifications.
4. The Presidential Council may declare a vacancy for a justice if, in its opinion, a justice has, without reasonable excuse, failed:

(a) to attend a meeting for which he has been duly designated, or

(b) otherwise to perform his duties diligently.

5. The appointment to fill a vacancy created by the expiration of the term of office, death, resignation, or removal from office in accordance with the preceding paragraph of a justice shall be made in the same manner as his appointment within one month of the vacancy occurring.

ARTICLE 3

1. Subject to the provisions of paragraph 4 of Article 1 of the present Charter, all justices shall be appointed in the first instance for a period of two years and their terms of office may be renewed thereafter for successive periods of one year. At least six months’ notice in writing shall be given to a justice of intention not to renew his term of office. A justice appointed by the Government of one of the Three Powers shall be notified of such intention by the Power concerned, a justice appointed by the Federal Government shall be notified of such intention by it, and a justice appointed by the Government of one of the Three Powers and the Federal Government jointly or by the President of the International Court of Justice shall be notified of such intention by the Power concerned and the Federal Government. In the absence of notice, a justice shall continue in office for a period of one year.
2. Any justice may at any time resign his office. But he shall continue in office until his successor has taken office.
3. No justice may be dismissed from office, except in accordance with paragraph 4 of Article 2 of the present Charter.
4. No justice shall be assigned to any non-judicial function, engage in any activity incompatible with the exercise of his duties, or participate in the adjudication of any claim with which he has been previously concerned in any capacity, except as a member of a tribunal to which the Court succeeds, or in which he has a direct interest. Differences of opinion regarding the applicability of this paragraph shall be resolved by the appro. priate Division in accordance with Article 8 of the present Charter.
5. (a) Every justice shall, during his term of office, have the lank of an equivalent member of the Federal Supreme Court and shall, both during and after his term of office, enjoy immunity from suit in respect of acts performed by him in the exercise of his official duties.

(b) A justice who is not a German national shall, during his term of office, enjoy in the Federal territory the same privileges and immunities as are accorded members of diplomatic missions.

6. Each justice shall, before taking office, make a declaration at a public session that he will exercise his duties impartially and conscientiously.

ARTICLE 4

1. Each Division shall be presided over by the justice appointed pursuant to sub-paragraph (c) of paragraph 1 of Article 2 of the present Charter.

When he is unable to act, he shall be replaced by a deputy designated by the Presidential Council from the justices not appointed unilaterally by the Power concerned or the Federal Government.

2. The presiding justice or his deputy shall preside at all sittings of his Division, shall fix the time of the sittings, shall determine how the business of the Division shall be divided between its justices and shall be generally responsible for its administration.

ARTICLE 5

1. The presiding justice of the First Division shall act as President of the Court for the remainder of the calendar month in which the present Charter enters into force and for the four full calendar months next following.

Thereafter, the presiding justice of each Division in his turn shall so act for four calendar months at a time.

2. The Presidential Council shall consist of the following nine persons:

(a) the President of the Court and the other two presiding justices of Divisions, or their respective deputies

(b) a justice from each Division or his deputy designated by the Power concerned

(c) a justice from each Division or his deputy designated by the Federal . Government.

3. The Council shall decide by a majority vote of the nine members, except in cases arising under paragraph 4 of Article 2 of the present Charter, when a two-thirds majority shall be necessary.
4. The Council shall meet at the seat of the Court at such times as the President shall decide.
5. The Council shall be competent

(a) to consider, at the request of any of its members, questions which are of common interest to more than one Division and to inform the presiding justices of the Divisions accordingly;

(b) to decide concerning the interpretation or application of the present Charter, or concerning any other matters assigned to its competence by •the present Charter;

(c) to exercise the following powers conferred by the legislation referred to in Article 1 of the foregoing Chapter;

(i) Deleted.

(ii) the powers of the United Kingdom High Commissioner, under paragraph 8 of Article 2 and paragraph 4 of Article 3 of Regulation No. 8, as amended by Regulation No. 11, under British Military Government Law No. 59, to approve rules of procedure; and, under his Ordinance No. 233, to approve agencies by notice.

6. The Presidential Council shall appoint the Court Clerks nominated under paragraph 1 of Article 6 of the present Charter, but they shall be directly and exclusively responsible to the presiding justices of the Divisions to which they are appointed. The Presidential Council may also appoint its own administrative staff, which shall be subject to the control of the President of the Court and may be nominated by the Federal Government if the Presidential Council so desires.
7. The Council may determine its own rules of procedure.

ARTICLE 6

1. The Court Clerks shall be nominated as follows:

(a) the Clerk of the First Division, by the Government of the French Republic;

(b) the Clerk of the Second Division, by the Government of the United Kingdom;

(c) the Clerk of the Third Division, by the Government of the United States.

2. Each Court Clerk shall have the same powers and duties as the Clerk or Secretary of the tribunal to which his Division succeeds and such additional duties as shall be assigned to him by the presiding justice of that Division.
3. Paragraphs 3, 4 and 5 of Article 2 and paragraphs 4 and 5 of Article 3 of the present Charter shall apply mutatis mutandis to the Court Clerks.

ARTICLE 7

1. The Federal Republic shall maintain at its own cost and expense the existing facilities and accommodations in use by the tribunals to which the Court succeeds and shall provide such additional facilities and accommodations as the Court may, according to a decision of the Presidential Council, from time to time require.
2. (a) The salaries and allowances of the judicial, administrative and other staff of the Court which is nominated, appointed, or employed by the Government of any of the Three Powers shall be fixed and paid by that Power in consultation with the Federal Government. Such salaries and allowances shall be reimbursed to that Power by the Federal Republic.

(b) The salaries and allowances of the judicial, administrative and other staff which are nominated, appointed, or employed by the Federal Government shall be fixed by the Federal Government, in consultation with the Power concerned, and paid by the Federal Republic.

(c) The salaries and allowances of justices who are not appointed unilaterally by the Power concerned or the Federal Government shall be fixed by agreement between the Governments of the Three Powers and the Federal Government and paid by the Federal Republic.

3. All persons referred to in sub-paragraphs (a) and (b) of paragraph 2 of this Article shall be subject to the administrative and disciplinary control of the appointing, nominating or employing Government, so far as such a control is not inconsistent with the present Charter.

ARTICLE 8

1. All matters shall be adjudicated by five justices of the appropriate Division, of whom one shall be the President or his deputy, two shall’ be justices appointed by the Power concerned, and two shall be justices appointed by the Federal Government.
2. Decisions of the Divisions shall be given by majority vote and shall be final subject only to the provisions of paragraph 3 of Article 9 of the present Charter.
3. The public shall be admitted to all formal hearings (miindliche Verhandlungen).
4. The deliberations of the Presidential Council and of the Divisions shall be secret.

ARTICLE 9

1. The Court shall exercise powers and jurisdiction through its Divisions as follows:

(a) the First Division shall exercise the powers and jurisdiction of the Higher Restitution Court established by Ordinance No. 252 of the French High Commissioned;

(b) the Second Division shall exercise the powers and jurisdiction of the Supreme Restitution Court for the British Zone established by Ordinance No. 255 of the United Kingdom High Commissioner;

(c) the Third Division shall exercise the powers and jurisdiction of the Court of Restitution Appeals established by Law No. 21 (as amended) of the United States High Commissioner.

2. – The legislation referred to in Article I of the foregoing Chapter. shall accordingly be construed and applied by substituting the First Division for the Higher Restitution Court in legislation applicable in the French Zone, the Second Division for the Supreme Restitution Court for the British Zone in legislation applicable in the British Zone, and the Third Division for the Court of Restitution Appeals in legislation applicable in the United States Zone.
3. Decisions of the Arbitration Tribunal pursuant to paragraph 2 of Article 9 of the Charter of the Arbitration Tribunal referred to in Article 9 of the Convention on Relations between the Three Powers and the Federal Republic of Germany and the provisions of Article 10 of that Charter shall be binding on the Court and on all German courts and authorities, so far as those decisions and provisions concern the extent of the jurisdiction of the Court.

ARTICLE 10

1. The official languages of the Presidential Council shall be French, English and German.

-2. Otherwise, the official languages of the Court shall be,

(a) for the First Division, French and German;

(b) for the Second and Third Divisions, English and German.

CHAPTER FOUR.-COMPENSATION FOR VICTIMS OF NAZI PERSECUTION

1. The Federal Republic acknowledges the obligation to assure in accordance with the provisions of paragraphs 2 and 3 of this Chapter adequate compensation to persons persecuted for their political convictions, race, faith or ideology, who thereby have suffered damage to life, limb, health, liberty, property, their possessions or economic prospects (excluding identifiable property subject to restitution). Furthermore, persons persecuted by reason of nationality, in disregard of human rights, who are now political refugees and no longer enjoy the protection of their former home country shall receive adequate compensation where permanent injury has been inflicted on their health.
2. In the discharge of this obligation, the Federal Republic undertakes

(a) that. legislation in this field in the Federal territory shall in the future be not less favourable to claimants than the legislation now in force;

(b) that, furthermore, there shall be enacted expeditiously legislation supplementing and amending the legislation now in force in the various Lander which shall, subject to the provisions of subparagraph (a) of this paragraph, afford a basis throughout the Federal territory for compensation no less favourable than is afforded in the legislation now in force in the Lander of the United States Zone;

(c) that the legislation referred to in sub-paragraph (b) of this paragraph shall adequately take into account the special conditions arising from the persecution itself, including the loss and destruction of records and documents resulting from the conditions of the persecution or the acts of the persecuting agencies and the death or disappearance of witnesses and of persecuted persons as a result of the persecution;

(d) that the effective and expeditious processing, determination and satisfaction of claims for compensation in this field shall be assured without discrimination against any groups or classes of persecuted persons;

(e) that in all cases where a claim for compensation submitted to the competent authorities has been disallowed under the legislation then in force, but where such a claim would be admissible under supplementary or replacement legislation enacted in accordance with subparagraph (b) of this paragraph, the persecuted person’ shall be assured the possibility of submitting again his claim in spite of the previous rejection thereof;

(f) that the provision of funds adequate to meet all claims under the legislation referred to in sub-paragraphs (a) and (b) of this paragraph shall be ensured by the Federal Republic in accordance with paragraph 3 of this Chapter.

3. The capacity to pay of the Federal Republic maybe taken into consideration in determining the time and method of compensation payments under paragraph 1 of this Chapter and in providing adequate funds under sub-paragraph (f) of paragraph 2.

CHAPTER FIVE.-EXTERNAL RESTITUTION

ARTICLE I

1. Upon the entry into force of the present Convention, the Federal Republic shall establish, staff and equip an administrative agency which shall, as provided in this Chapter and the Annex thereto, search for, recover, and restitute jewellery, silverware and antique furniture (where individual articles are of substantial value), and cultural property, if such articles or cultural property were, during the occupation of any territory, removed therefrom by the forces or authorities of Germany or its Allies or their individual members (whether or not pursuant to orders) after acquisition by duress (with or without violence), by larceny, by requisitioning or by other forms of dispossession by force.
2. In the case of cultural property which was present in the country concerned prior to the date applicable to that country, as specified in Article 5 of this Chapter, restitution shall also be made

(a) if it was acquired by way of gift made under direct or indirect pressure or in consideration of the official position of the recipient;

(b) if if was acquired by way of purchase, unless it bad been brought into the country concerned for the purpose of sale.

3. In the case of jewellery, silverware or antique furniture, restitution may be denied if it is established that the property concerned was removed after acquisition from the original owner for value by way of a regular commercial transaction, even if payment was made in occupation currency.
4. The term “cultural property” shall comprise movable goods of religious, artistic, documentary, scholarly or historic value, or of equivalent importance, including objects customarily found in museums, public or private collections, libraries or historic archives. The term ” antique ” shall mean property which upon the entry into force of the present Convention is one hundred or more years old. The term ” substantial value” shall mean a value of not less than 200,000 French francs at the 1 January 1951 purchasing power.
5. The agency referred to in paragraph 1 of this Article will give information on matters dealt with by it to the Three Powers or their representatives on request and submit quarterly reports on its activity. The records of the agency shall be preserved until otherwise agreed.

ARTICLE 2

1. Restitution pursuant to Article 1 of this Chapter may be requested from the Federal Government only by the Government of the State from the territory of which the property was removed. The Federal Government may reject a restitution request if such request has already been rejected as not well founded by the appropriate agency of one of the Three Powers, except in a case where evidence which could not previously be presented is adduced.
2. Restitution of jewellery, silverware or antique furniture may only be claimed from the Federal Government if a pertinent request has been lodged with an agency of any of the Three Powers prior to the entry into force of the present Convention. In the case of cultural property, no new claim for restitution may be filed after 8 May 1956. Where, in. any particular case, the investigations of the German agency referred to in Article 1 of this Chapter with respect to claimed property have been unsuccessful or where they have not led to the discovery of the claimed property by 8 May 1957, and where further investigations are unlikely to be successful. the agency shall discontinue the proceedings. Such a decision may be appealed from by the party concerned to the Arbitral Commission on Property, Rights and Interests in Germany pursuant to Article 7. If, after such discontinuance, the claimed property is identified, the restitution proceedings may be reopened.
3. Claims filed with an agency of any of the Three Powers and not finally disposed of prior to the entry into force of the present Convention and falling within the scope of the provisions of Article 1 of this Chapter and this Article shall be referred by the Power concerned to the German agency referred to in Article 1. They shall be acted upon by the German agency as though filed directly with it by the claimant Government.
4. Submission of a claim for restitution pursuant to Article 1 of this Chapter on behalf of any person or entity shall preclude such submission pursuant to Article 3; likewise, action for restitution pursuant to Article 3 shall preclude submission of a claim for restitution pursuant to Article,1.

ARTICLE 3

1. Notwithstanding provisions of German law to the contrary, any person who, or whose predecessor in title, during the occupation of a territory, has been dispossessed of his property by larceny or by duress (with or without violence) by the forces or authorities of Germany or its Allies, or their individual members (whether or not pursuant to orders), shall have a claim against the present possessor of such property for its restitution, subject, however, to:

(a) reimbursement by the claimant to the defendant for expenditures, which have enhanced the value of the property, made after its acquisition;

(b) payment by the claimant of the value of any consideration received by him or his predecessor in title, which shall be treated in the same manner as German assets existing at the date of removal in the country from which the property was removed.

No such claim shall exist if the present possessor has possessed the property bona fide for ten years or until 8 May 1956, whichever is later.

2. Any claim to restitution pursuant to paragraph 1 of this Article may be brought before a German court on or before 8 May 1956 or before the expiration of ten years during which the possessor possessed the property bona fide, whichever is later, by any national or resident of a State which has acceded to the Charter of the Arbitral Commission on Property, Rights and Interests in Germany.
3. No restitution claim may be asserted, if, prior to .the entry into force of the present Convention, a request by a Government on behalf of the claimant for restitution of the property concerned was rejected as not well founded by an agency of one of the Three Powers, except in a case where evidence which could not previously be presented is adduced.

ARTICLE 4

1. If property to be restituted has, after identification in Germany, either been utilised or consumed in Germany before return to the claimant or been destroyed, stolen or otherwise disposed of before receipt by the claimant Government or by an appropriate agency of one of the Three Powers for despatch to the claimant, the Federal Republic shall compensate claimants who would otherwise be entitled to restitution under Article 1 or 3 of this Chapter, or who, at the entry into force of the present Convention, have had their claims for restitution approved by one of the Three Powers.
2. The German agency referred to in Article 1 of this Chapter shall, upon application by the claimant otherwise entitled to restitution, render a decision on the compensation claim in respect of property the restitution of which could have been requested under Articles 1 and 2. The court stipulated in Article 3 shall, upon suit brought by the claimant otherwise entitled to restitution, render a decision on the compensation claim in respect of property the restitution of which could have been requested under Article 3, provided that the plaintiff is a national or a resident of a State which has acceded to the Charter of the Arbitral Commission on Property, Rights and Interests in Germany. The filing of the application and the bringing of the suit must take place not later than one year after the entry into force of the present Convention or one year after notification to the claimant that the property is not available for restitution, whichever is later.
3. Notwithstanding the provisions of paragraph 2 of this Article, claims falling within the scope of paragraph 1 filed with an agency of any of the Three Powers before the entry into force of the present Convention may either be referred by that Power to the German agency referred to in Article 1 of this Chapter or be filed with that agency by the claimant Government. All claims under this paragraph shall be referred to or filed with the agency not later than six months after the entry into force of the present Convention and shall be decided by it.
4. The German agency referred to in Article I of this Chapter shall recognise claims for restitution which have been approved by any of the Three Powers prior to the entry into force of the present Convention.. The agency shall also accept. as conclusive a certificate by any one of the Three Powers that the property which was the subject of the claim had not been received by an appropriate agency of that Power for despatch to the claimant.
5. Compensation pursuant to this Article shall be awarded in the amount of the replacement value of the property concerned as of the date of the award.

ARTICLE 5

1. The provisions of this Chapter shall apply in respect of the following countries as of the respective date set forth below:

2. The provisions of this Chapter shall cover public and private property which was removed from territories referred to in paragraph 1 of this Article.

ARTICLE 6

If the Federal Republic concludes with any other Power, on matters within the scope of this Chapter, arrangements more favourable to such other Power than the corresponding provisions of this Chapter, the benefits of such new arrangements shall automatically be extended to all powers benefiting from those provisions.

ARTICLE 7

1. The Signatory States hereby establish an Arbitral Commission on Property, Rights and Interests in Germany, which shall function in accordance with the provisions of its Charter annexed to the present Convention.
2. Upon application of the party concerned, any final decision (Endentscheidung) by the German agency pursuant to Article 1, 2 or 4 of this Chapter, or by a German court pursuant to Article 3 or 4, shall be subject to review by the Arbitral Commission on Property, Rights and Interests in Germany.
3. Application to the Commission shall be submitted by the party concerned within thirty days after service of such decision. If the German agency or the German court does not render a decision within one year after submission of the claim, the claimant may submit his claim directly to the Commission within thirty days following the expiration of the one year period.
4. In any case submitted to it, the Commission may itself render a final decision in regard to such case or may remand it to the German agency or to the German court with such instructions as the Commission deems necessary or appropriate.
5. The judgments of the Commission shall be final and binding on the authorities and courts of the Signatory States and other States acceding to its Charter.

ANNEX TO CHAPTER FIVE

Concerning the Federal Higher Authority on External Restitution

Section 1

1. The Federal Government shall establish the administrative agency provided for in paragraph 1 of Article 1 of the foregoing Chapter as a Federal Higher Authority (Bundesoberbehorde).
2. All German courts and authorities shall render the Federal Higher Authority legal and other official assistance pursuant to Article 35 of the Basic Law.

Section 2

1. Applications for restitution pursuant to Articles I and 2 of the foregoing Chapter, with the exception of those specified in paragraph 3 of Article 2, shall include

(a) a description of the property restitution of which is demanded;

(b) when possible, identification of the person possessing such property at the time of filing of the application;

(c) a description of the facts on which the restitution claim is,based.

2. Certified copies of the documents supporting the restitution claim shall be attached to the application or shall be subsequently submitted.

Section 3

1. Applications for compensation pursuant to Article 4 of the foregoing Chapter, with the exception of those specified in paragraph 3 of that Article, shall include

(a) a description of the property in respect of which compensation is demanded;

(b) information relating to the identification in Germany of such property;

(c) information relating to the utilisation, consumption, destruction, theft or disposal of such property;

(d) notice of the amount claimed;

(e) information concerning any other matters on which the claim is based.

2. Certified copies of the documents supporting the compensation claim shall be attached to the application or shall be subsequently submitted.

Section 4

Proceedings before the Federal Higher Authority shall be free of charge.

Section 5

1. The Federal Higher Authority shall conduct the necessary investigations. For this purpose it may on its own motion (von Amts wegen) take evidence by accelerated procedure; in particular, it may bear witnesses, experts and the persons whose rights are affected by the restitution or cause their hearing before a court. Where a hearing under oath appears necessary, such oath shall be sworn before a court. The Federal Higher Authority shall be authorised to accept statements in lieu of oaths (eides-stattlicbe Versicherungen).
2. In addition to. the applying Government, all persons shall be considered parties concerned whose rights would be affected by the restitution.

3; The parties concerned shall be afforded an opportunity to state their views. They may be represented by agents or counsel. They shall be notified of the dates of the hearings ordered for the purpose of interrogations pursuant to,the second sentence of paragraph 1 of this Section and may attend these hearings. The documents filed by a party concerned shall be transmitted to the other parties.

Section 6

Where realisation of the restitution claim appears to be endangered, the Federal Higher Authority shall order the necessary interim measures to be taken for safeguarding the property.

Section 7

Decisions of the Federal Higher Authority shall state in writing the reasons on which they are based and shall be served upon the parties concerned.

Section 8

1. The Federal Higher Authority shall take all measures required for the restitution. Where necessary the Federal Higher Authority shall order that property to brestituted shall be expropriated in favour of the Federal Republic, which will forward (zuleiten) it to the restitution claimant.
2. The nature and amount of the compensation to persons affected by the expropriation shall be fixed by a Federal law.
3. Where the Federal Higher Authority allows a claim under Article 4 of the foregoing Chapter, it shall fix the amount of the compensation to be paid by the Federal Republic.

CHAPTER SIX.-REPARATION

ARTICLE I

1. The problem of reparation shall be settled by the peace treaty between Germany and its former enemies or by earlier agreements concerning this matter. The Three Powers undertake that they will at no time assert any claim for reparation against the current production of the Federal Republic.
2. Pending the final settlement envisaged in paragraph 1 of this Article, the following provisions shall apply.

ARTICLE 2

Control Council Law No. 5 is deprived of effect in the Federal territory, except in respect of the countries listed in the Schedule to Allied High Commission Law No. 63, as amended by Decision No. 24 of the Allied High Commission, but shall not be further deprived of effect or amended without the consent of the Three Powers. The Federal Republic will not repeal or amend Law No. 63 except with the consent of the Three Powers. However, paragraph 1 of Article 6 of Law No. 63 shall be deemed to be repealed and paragraph 2 to be amended to provide that the powers therein conferred upon the Allied High Commission may be exercised by the Federal Government. The Federal Republic undertakes that appropriate decisions under Article 6 of Law No. 63, as so amended, removing the countries from the list in the Schedule thereto shall be issued after the Three Powers have consented.

ARTICLE 3

1. The Federal Republic shall in the future raise no objections against the measures which have been, or will be, carried out with regard to German external assets or other property, seized for the purpose of reparation or restitution, or as a result of the state of war, or on the basis of agreements concluded, or to be concluded, by the Three Powers with other Allied countries, neutral countries or former allies of Germany.
2. The Federal Republic shall abide by such provisions regulating German external assets in Austria as are set forth in any agreement to which the Powers now in occupation of Austria are parties or as may be contained in the future State Treaty with Austria.
3. No claim or action shall be admissible against persons who shall have acquired or transferred title to property on the basis of the measures referred to in paragraphs 1 and 2 of this Article, or against international organisations, foreign governments or persons who have acted upon instructions of such organisations or governments.

ARTICLE 4

1. Where German external assets have not been transferred or liquidated, or where no disposition has been made in respect of the proceeds of their liquidation, the Federal Republic may negotiate agreements regarding them with all countries which have been at war with Germany since 1 September 1939 but are not members of the Inter-Allied Reparation Agency (IARA).
2. Moreover, the Federal Republic may negotiate agreements with the member countries of IARA, provided such agreements relate only to

(a) property of the types which member countries of the IARA may, under Part III of the IARA accounting rules, voluntarily exclude from the charge to bemade under Part II of the rules;

(b) securities of German issue expressed in Reichsmarks;

(c) pensions;

(d) a final date for sequestration of German property in countries in which such a date has not yet been determined.

3. Regarding property taken as German assets in Portugal, Spain, Sweden and Switzerland. with respect to which agreements concluded by the Three Powers are, or will be, in force, the Federal Republic may negotiate with those countries arrangements in implementation of such agreements concerning the nature and amount of compensation to be paid to former German owners of assets in those countries. The Three Powers shall have the right to participate in such negotiations.
4. Apart from the questions referred to in the preceding paragraphs of this Article, the Federal Republic may, after due notification to the Three Powers, negotiate with any country agreements on other questions concerning German external assets unless the Three Powers specifically object thereto.

ARTICLE 5

The Federal Republic shall ensure that the former owners of property seized pursuant to the measures referred to in Articles 2 and 3 of this’ Chapter shall be compensated.

CHAPTER SEVEN.-DISPLACED PERSONS AND REFUGEES

ARTICLE I

The Federal Republic undertakes

(a) Deleted.

(b) Deleted.

(c) Deleted.

(d) to assure the continuance of the operations presently carried out by the International Tracing Service :

(e) to assume the proper care and maintenance of the graves of Allied civilian war victims (unless otherwise provided for by the nations concerned), displaced persons and non-German refugees in the Federal,, territory and to facilitate pilgrimages by relatives to these graves :

(f) to afford to the authorities of the Three Powers and other Allied nations concerned the same facilities as they now enjoy for the exhumation and removal of bodies of war victims.

ARTICLE 2

The Federal Republic will see to the proper care and maintenance of the graves of Allied soldiers in the Federal territory, unless otherwise provided’ for by the nations concerned or by organisations of such nations serving that purpose, and will facilitate the work of such organisations. Each of the Three Powers will see to the proper care and maintenance of the graves of’ German soldiers in its metropolitan territory and will facilitate the activities of organisations serving that purpose.

ARTICLE 3

Deleted,

ARTICLE 4

The Three Powers declare themselves willing to conduct, when the necessity arises, negotiations concerning the transfer of refugees to the Federal territory .with the Governments of those countries in which the Federal Republic has no diplomatic representation.

CHAPTER EIGHT.-CLAMS AGAINST GERMANY

(Deleted with Annex).

CHAPTER NINE.-CLAIMS AGAINST FOREIGN NATIONS

OR NATIONALS

ARTICLE 1

Without prejudice to the terms of a peace settlement with Germany, German nationals who are subject to the jurisdiction of the Federal Republic shall not assert against countries which have signed or acceded to the United Nations Declaration of 1 January 1942, or have been at war with Germany, or are specified in Article 5 of Chapter Five of the present Convention, or against the nationals of such countries, claims of any description arising out of actions taken or authorised by the Governments of these countries between 1 September 1939 and 5 June 1945 because of the existence of a state of war in Europe, nor shall such claims be asserted in any court of the Federal Republic by any person.

ARTICLE 2

Without prejudice to the terms of a peace settlement with Germany, the Federal Republic confirms that no governmental claims on behalf of Germany arising out of actions taken or authorised by the Governments of the countries referred to in Article 1 of this Chapter between 1 September 1939 and 5 June 1945 because of the existence of a state of war in Europe may be asserted prior to the negotiation of the peace settlement.

ARTICLE 3

1. The provisions of this Article are applicable during the period until the entry into force of a peace settlement with Germany.
2. The Federal Republic recognises that no claims of any kind arising out of acts or omissions of the Three Powers or any one of them, or of organisations or persons who have acted on their behalf or under their authority, which took place in respect of Germany, German nationals or German property, or in Germany, between 5 June 1945 and the entry into force of the present Convention, may be asserted by the Federal Republic or by persons subject to its jurisdiction against the Three Powers or any one of them or against organisations or persons who have acted on their behalf or under their authority.
3. The Federal Republic assumes responsibility for the decision and satisfaction of claims for compensation for occupation damages which were sustained between 1 August 1945 and the entry into force of the present Convention and for which compensation is payable under the provisions of Allied High Commission Law No. 47, as amended by Allied High Commission Law No. 79. The Federal Republic will determine which of the other claims referred to in paragraph 2 of this Article, insofar as they arose in the Federal territory, should appropriately be satisfied and will take such measures as are necessary for the determination and satisfaction of such claims.
4. The provisions of this Article shall not apply to claims arising under contracts providing for payments from national funds of any of the Three Powers.
5. The Federal Government shall carry out all decisions taken with regard to claims specified in paragraph 3 of this Article by the authorities of the Three Powers or any one of them before the entry into force of the present Convention unless such decisions have already been carried out.

ARTICLE 4

1. Pursuant to the terms of the agreement embodied in the exchange of letters between the Chairman of the Allied High Commission and the Federal Chancellor of the Federal Republic of Germany of 19 and 21 May 1952, assets of the Joint Export-Import Agency have been or will be transferred to the Federal Republic, and the Federal Republic has undertaken certain obligations.
2. The Federal Republic confirms its undertaking in accordance with such exchange of letters to indemnify the Three Powers and each of them with respect to all liabilities, either now existing or hereafter arising, in connection with the operations of the Joint Export-Import Agency or any agency whose functions were taken over by it or in connection with other foreign trade or foreign exchange operations conducted by the Three Powers or any of them and referred to in the exchange of letters.
3. The provisions of the exchange of letters referred to in paragraph 1 of this Article shall be subject, in the event of a dispute arising after the date of the exchange, to the jurisdiction of the Arbitration Tribunal in the same manner as the present Convention.

CHAPTER TEN.-FOREIGN INTERESTS IN GERMANY

ARTICLE 1

1. Insofar as this has not already been done, the Federal Republic will take all steps necessary to ensure that the nations, persons and companies referred to in paragraph 3 of this Article shall be able to secure the return of their property in its present condition, and the restoration of their rights and interests in the Federal territory to the extent to which such property, rights or interests suffered discriminatory treatment. The property, rights and interests of the nations, persons and companies referred to in paragraph 3 shall be freed by the Federal Republic from all encumbrances and charges of any kind to which they may have become subject as a result of discriminatory treatment. No costs shall be imposed either in connection with the return or restoration or with the removal of encumbrances or charges.

Equitable conditions may, however, be imposed to prevent the unjust enrichment of any nation, person or company referred to in paragraph 3.

2. On the entry into force of the present Convention, the Federal Republic shall establish, and give adequate publicity to, the procedure described in the Annex to this Chapter for the filing and consideration of claims based on the provisions of this Article and for the satisfaction of awards based on such claims. Such claims shall be filed within twelve months from the establishment of such procedure. The Federal Republic shall also make available, so far as possible. all information concerning the administration by custodians of property, rights or interests to any interested party who may request it.
3. The following shall be entitled to claim under the provisions of this Article :

(a) United Nations and their nationals.

(b) the successors of such nationals, and

(c) companies organised under German law in which United Nations nationals own participation, provided that such nationals or, except in .the case of direct successors by inheritance or testamentary disposition, their successors were United Nations nationals at the date of the discriminatory treatment.

4. The term “discriminatory treatment” as used in this Article shall mean action of all kinds applied between 1 September 1939 and 8 May 1945 to any property, rights or interests, as a result of any exceptional measures which were not applicable generally to all non-German property, rights or interests, and giving rise to prejudice, deprivation or impairment without the free consent of the interested parties and without adequate compensation. Anything done or omitted under the German Ordinance on the Treatment of Enemy Properties of 15 January 1940 or any amendment thereto, or any other regulations having a similar purpose, may be held to amount to discriminatory treatment, even though within the scope of such Ordinance, amendments or regulations, where it appears that (a) injury to foreign property, rights or interests resulted therefrom; and (b) the injury inflicted could have been avoided without infringing such Ordinance, amendments or regulations.
5. The provisions of this Article are not applicable to claims which are dealt with under Chapters Three and Four of the present Convention:
6. The provisions of this Article are not intended to cover compensation for loss or damage to property, rights or interests due to discriminatory treatment or resulting indirectly or directly from the war by any other means, but shall not affect the right of any of the United Nations to advance during negotiation for a peace settlement any claim for compensation of this nature with respect to its own or its nationals’ property, rights or interests.

ARTICLE 2

Insofar as they affect foreign creditors of German debtors, the Federal laws on periods of limitation (including preclusion and prescription) of 28 December 1950 and 30 March 1951 (Gesetz fiber den Ablauf der durch Kriegs- oder Nachkriegsvorschriften gehemmten Fristen and Gestz zur Erganzung des Gesetzes fiber den Ablauf der durch Kriegs- oder Nachkriegsvorschriften gehemmten Fristen (Bundesgesetzblatt Teil I (1950) Seite 821 and (1951) Seiee 213), together with Allied High Commission Law No. 67 on the same subject, shall be maintained in force. This legislation shall be reviewed by the Federal Republic in agreement with the other Signatory States on the basis of the provisions of the Agreement on German External Debts, concluded in London on 27 February 1953(4) insofar as this legislation involves claims dealt with in that Agreement.

ARTICLE 3

Without prejudice to the terms of the final peace settlement with Germany, the United Nations and their nationals shall enjoy, on the same basis as German nationals residing in the Federal territory, such compensation for war damage relating to property located in the Federal territory as may be provided by the Federal Republic or any of its Lander, but not Integration Aid (Eingliederungshilfe) or Housing Aid (Wohnraumhilfe).

ARTICLE 4

The Federal Republic reaffirms that under German law the state of war shall not in itself be regarded as affecting obligations to pay pecuniary debts arising out of obligations and contracts which existed, and rights which were acquired, before the commencement of the state of war.

ARTICLE 5

Any United Nations national, or the successor of such a national who is also a United Nations national, shall have the right to institute, within one year from the entry into force of the present Convention, an action for the revision of any judgment delivered by a German Court between 1 September 1939 and 8 May 1945 in any proceeding in which such national was a party and was physically, morally or legally unable to make adequate presentation of his case.

ARTICLE 6

1. Pending a final settlement of claims against Germany arising out of the war, the persons defined in paragraph 2 of this Article, and their property, shall be exempt from any exceptional taxes, levies or imposts, the incidence of which is in fact on property, imposed for the specific purpose of meeting charges arising out of the war or out of reparation or restitution to any of the United Nations.
2. Where any such tax, levy or impost is levied only partly for the purposes described in paragraph 1 of this Article, the exemption to be granted shall in principle be proportionate to the part of such taxes, levies or imposts imposed for these purposes. In the particular cases of the levies prescribed by the legislation of the Bizonal Economic Council and by the corresponding legislation of the Lander of Rhineland-Palatinate, Baden and Wurttemberg-Hohenzollern, concerning Immediate Aid (Soforthilfe) and by the Law on Equalisation of Burdens of 14 August 1952 (Bundesgesetzblatt Teil I Seite 446), the persons and property described in the following provisions of this Article shall be exempted, to the extent provided, from payments falling due in the six-year period from 1 April 1949 to 31 March 1955 as Immediate”Aid levies, and as the property levy under the Equalisation of Burdens:

(a) natural persons who were nationals of any of the United Nations on the currency.reform. date (21 June 1948), and companies; associations of persons and trusts (Korperschaften, Personenvereinigungen and Vermogensmassen), which are independently liable for taxation under German law, organised under the laws of one of the United Nations, shall, if subject to unlimited tax liability, be exempted in respect of all property owned by them both on 21 June 1948 and on 8 May 1945 or, if subject to limited ‘tai liability: in respect of all property owned by them in the Federal Republic or Berlin (West). Citizens of any territorial entity ornation referred to in sub-paragraph (c) of Article I,of Allied High Commission Law No. 54 shall enjoy the same exemption if they had the nationality of any of the United Nations at any time between 1 September 1939 and 21 June 1948;

(b) companies organised under German law, which are independently liable for taxation, in which the natural persons or companies, associations of persons or trusts described in sub-paragraph (a) of this paragraph owned on 21 June 1948 and on 8 May 1945, directly or through the medium of other companies, a shareholding interest of at least 85 per cent. shall be exempted in proportion to such shareholding interest;

(c) natural persons who do not qualify for exemption under sub-paragraph (a) of this paragraph and who claim or have claimed restitution or compensation pursuant to the legislation referred to in. sub-paragraph (a) of paragraph 1 of Article 1 of Chapter Three of the present Convention shall be exempted on the first DM 150,000 in value or amount of property of any kind which has been or will be transferred to them. under orders, decisions or recorded agreements pursuant to such legislation which would be taxable under the provisions concerning Immediate Aid levies or the property levy under the Equalisation of Burdens;

(d) the exemptions prescribed. in sub-paragraphs (a) to (c) inclusive of this paragraph shall not become inoperative on the ground that the property concerned has devolved upon other persons on or after 21 June 1948.

3. For the .purposes of sub-paragraph (a) of paragraph 2 of this Article, property which the owner on 21 June 1948 did not own on 8 May 1945 shall be deemed to have been owned by him on 8 May 1945 if(a) the property was owned on 8 May 1945 by a person (of any nationality), from whom he acquired it through succession on death (by one or a series of inheritances or testamentary dispositions); or (b) he acquired the property after 8 May 1945 in exchange for other property owned by him on that date (for example, through purchase); or (c) the property concerned is restituted property of any kind, without limitation as to the value or amount, referred to in sub-paragraph (c) of paragraph 2 of this Article.
4. For the purposes of sub-paragraph (b) of paragraph 2 of this Article. the provisions of paragraph 3 of this Article shall be applicable mutatis mutandis.
5. Where .payments made under the provisions of the Immediate Aid by natural persons, companies, associations of persons and trusts entitled to exemption under paragraph 2 of this Article exceed amounts of the property levy falling due for the same period taking into account, the provisions of paragraph 2, the overpayment shall, not later than three months after the effective date of the notice of assessment issued by the German tax office concerning the property levy, be either refunded or set off against liabilities due for payment or which become due within three months thereafter.

6.. In cases in which natural persons, companies, associations of persons or trusts enjoy exemption from the property levy by virtue of this Article, the annual amount to be paid in respect of the property levy for the period after the expiration of the exemption period shall not, either because of this exemption or because of the non-payment of the property levy or the Immediate Aid levy, be higher than the annual amount which would be payable by non-exempted natural persons, companies, associations of persons or trusts who have paid the Immediate Aid levy in full. If in computing the property levy the Immediate Aid levy is to be set off in the manner proposed in the draft law submitted to the Bundestag (Bundestag Document No. 3300), that is, by deduction of the Immediate Aid levy from the total liability for the property levy, then in cases where the Immediate Aid levy has not been imposed, three times the basic annual payment under the property levy is to he deducted from the total liability; the basic annual payment shall for this purpose be the amount resulting from the application of the annual contribution rates to the total liability.

7. In computing the liability for the purposes of any other levy under the Equalisation of Burdens Law, natural persons, companies, associations of persons and trusts enjoying the exemptions under this Article shall be treated as though they had paid the full amount of property levy.
8. In cases under sub-paragraph (b) of paragraph 2 of this Article both the company, and any shareholder who believes the company shouid be exempted with respect to his participation, shall be entitled to all legal remedies available.

ARTICLE 7

In order to protect the interests of Foreign nationals, the following legislation shall be maintained in force:

(a) in the field of Monetary Reform legislation:

(i) Deleted.

(ii) Allied High Commission Laws No. 57 (Status of Certain Financial Institutions under Currency Reform Legislation) and No. 65 (Third Amendment of Legislation Concerning Monetary Reform) which supplement, amend and interpret the Conversion Laws;

(b) Deleted.

(c) in other fields:

(i) Deleted.

(ii) Deleted.

(iii) Allied High Commission Law No. 34 on Application (if Land Reform to the Property of Non-German Nationals, as amended by Allied High Commission Laws Nos. 50, 60, 64 and 72; these laws shall, however, be deemed to be further amended as follows :

(1) the period of one year commencing on the date of acquisition provided for in paragraph 2 of Article 2 of Law No. 34 shall, in respect of an acquisition by inheritance or testamentary disposition, apply only to an acquisition which has taken place prior to 31 December 1952;

(2) an owner of land, whose possession of non-German nationality was in dispute and who for this reason was not in a position to dispose of his land prior to 29 February 1952 pursuant to paragraph I of Article 2 of Allied High Commission Law No. 34, may within a period of one year commencing on the date on which it was or will be established that he did not possess German nationality, dispose of his land;

(3) owners of land who were of German as well as of nonGerman nationality shall, within the meaning of these laws, be deemed to be non-German nationals, if at any time between 1 September 1939 and 8 May 1945 their property was subject to any of the provisions of the German Ordinance on the Treatment of Enemy Properties of 15 January 1940 or any amendment thereto, or any other regulations having a similar purpose. In such case disposition of the land shall be permissible until 31 December 1952.

ARTICLE 8

1. Allied High Commission Law No. 8 on Industrial, Literary and Artistic Property Rights of Foreign Nations and Nationals, as amended by Allied High Commission Laws Nos. 30, 39, 41 and 66, together with the First and Second Implementing Ordinances under Allied High Commission’ Law No. 8 of 8 May 1950 and 9 November 1950 (Bundesgesetzblatt Seite 357 and Seite 785), shall be maintained in force.
2. However, the provisions of Allied High Commission Law No. 8, as amended, governing the settlement of disputes arising out of the application of that Law, shall be deemed to be amended as follows;

(a) an appeal may be taken to the Arbitral Commission on Property, Rights and Interests in Germany referred to in Article 12 of this Chapter from any decision of last instance of the Patent Office or of its Grand Senate or from any decision in the first instance of the regular courts, in accordance with the provisions of Article 12 of this Chapter and the Charter of the Arbitral Commission;

(b) the powers of the Occupation Authorities under the last sentence of Article 2 and paragraph 3 of Article 7 of Law No. 8 shall lapse.

ARTICLE 9

1. For the purposes of this Chapter, the term ” United Nations ” shall have the same meaning as in Allied High Commission Law No. 54, which is maintained in force for those purposes.
2. For the purposes of this Chapter, the term ” United Nations nationals ” shall, except as otherwise herein provided, mean:

(a) natural persons who are nationals of any of the United Nations. Natural persons who have the nationality of one of the United Nations and also German nationality shall be deemed to be exclusively nationals of the United Nations if, at any time between 1 September 1939 and 8 May 1945, their property in Germany was subject to any of the provisions of the German Ordinance on the Treatment of Enemy Properties of 15 January 1940 or any amendment thereto, or any other regulations having a similar purpose, unless it was exempted therefrom by specific permission of the Reich Minister of Justice;

(b) juristic persons or associations of persons established under the laws of one of the United Nations.

ARTICLE 10

If the Federal Republic concludes with any other Power, on matters within the scope of Articles 1 to 9 inclusive of this Chapter, arrangements more favourable to such other Power than the corresponding provisions of those Articles, the benefits of such new arrangements shall automatically be extended to all Powers benefiting from the corresponding provisions of those Articles.

ARTICLE 11

In the expectation that such a policy will be applied by such Nations toward the Federal Republic, the Federal Republic declares its intention to pursue a general policy of non-discrimination toward the United Nations and their nationals and toward the property, rights and interests of such Nations and nationals, and in general to accord national and most-favoured nation treatment in matters affecting such Nations and nationals and their property, rights and interests in the field of establishment and navigation. The Federal Republic further declares its readiness to enter into treaties with the United Nations based on these principles.

ARTICLE 12

1. The following decisions may be appealed to the Arbitral Commission on Property, Rights and Interests in Germany, referred to in Article 7 of Chapter Five of the present Convention, in accordance with the provisions of its-Charter, upon application to the Commission by the party concerned within Thirty days after the service fihereof:

(a) decisions under Article 1 of this Chapter of the Federal Higher Authority referred to in the Annex thereto;

(b) decisions of an administrative. court of first instance in regard to discriminatory treatment under Article 3;

(c) decisions of German courts of first instance (regular courts, administrative-courts, -finance.courts or other courts) relating to the application of Articles 2, 4 and 5;

(d) decisions of the financecourts of first instance under Article 6;

(e) decisions of the regular courts of first instance in contentious or non-contentious matters under Article 7;

(f) decisions of the last instance of the German Patent Office or its Grand Senate under Allied High Commission Law No. 8 or decisions of the regular courts of first instance under that Law pursuant to Article 8.

Appeals under.the last sentence of Article 2 and paragraph 3 of Article 7 of Allied High Commission Law No. 8, pending on the entry into force of the’ present Convention before the Patent Appeal Board established by Regulation No. 1 under Law No. 8 (amended), are hereby transferred to the Arbitral Commission and shall be dealt with by it in the same manner as appeals under this Article.

Appeal to,the Arbitral Commission pursuant to sub-paragraphs (b) to (f) inclusive of this paragraph shall not bar the continuance of proceedings before the’ German counts and authorities on other issues in dispute. If, however, the Commission deems it necessary in order to protect the interests of a party to the proceeding It may order the stay of further proceedings before the German courts or authorities pending the Commission’s decision on the question .referred to it.

2. If the party affected by a decision referred to in sub-paragraphs (b) to (f) inclusive of paragraph 1 of this Article appeals from the decision to a German court instead of appealing to the Arbitral Commission, such party may not appeal thereafter to the Arbitral Commission against the decision of the German court of higher instance on points on which he could have appealed to the Arbitral Commission. If, in a decision referred to in subparagraphs (b) to (f) inclusive of paragraph 1, the requirements for an appeal to the Arbitral Commission did not exist, but if a German court of higher instance renders a decision which in the opinion of the party concerned violates the Articles of this Chapter referred to in paragraph 1, such party may appeal from the decision of the higher German court to the Arbitral Commission.
3. The Commission shall also be authorised to render a decision in any case referred to in paragraph I of this Article where the appropriate German court or authority has not rendered a final decision within one year following submission to it and where the party concerned submits the matter for the decision’ of the Commission within thirty days after the expiration of that year.
4. In any case referred to in paragraphs 1, 2 or 3 of this Article, the Commission may render a final decision or may remand the case to the court or authority concerned, with such instructions as the Commission deems necessary or appropriate.
5. Decisions and instructions of the Commission shall be final and binding on all German courts and authorities.

ANNEX TO CHAPTER TEN

Concerning the Federal Higher Authority on Foreign Interests

Section 1

1. The Federal Government shall establish a Federal Higher Authority (Bundesoberbehorde) to receive, to consider and to decide on applications for return and restoration under paragraph 2 of Article 1 of the foregoing Chapter. The Federal Government may issue regulations for carrying out the provisions of this Annex.
2. All German courts and authorities shall Tender the Federal Higher Authority legal and other official assistance pursuant to Article 35 of the Basic Law.

Section 2

1. Applications for return or restoration shall be made in writing, or by oral statement to be recorded, to the Federal Higher Authority.

2, Applications shall include(a) first name, last name and address of the claimant and of his predecessor in title when applicable;

(b) description of the discriminatory measure and of the property, rights or interests affected by it;

(c) nationality of the claimant and of his predecessor in title, when applicable, at the time of the discriminatory measure.

3. Applications shall; if possible, include information concerning the person to whom the property, rights or interests were transferred, and concerning the person holding the property, rights or interests at the,time of filing of the application.
4. Furthermore, all information and documents available to the claimant which refer to the property, rights or interests and to the discriminatory measure taken in respect of the property, rights or interests shall be attached to the application in the original or in a certified -copy. On request, the original shall be submitted.

Section 3

Proceedings before the Federal Higher Authority shall be free of charge, except where frivolous or obviously unfounded applications are involved.

Section 4

1. The Federal Higher Authority shall on its own motion (von Amts wegen) conduct the necessary investigations. For this purpose it may take evidence, in particular hear witnesses, experts and the parties concerned or cause their hearing before a court. Where a hearing under oath appears necessary, -such oath shall be sworn before a court. The Federal Higher Authority shall be authorised to accept statements in lieu of oaths (eidesstattliche Versicherungen).
2. In addition to the claimants, all persons shall be considered parties concerned whose rights would be affected by the return or restoration.
3. The parties concerned shall be afforded an opportunity to state their views. They may -be represented by agents or counsel. They shall be notified of the dates of the hearings ordered for the purpose of interrogation, pursuant to the second sentence of paragraph 1 of this. Section, and may attend these hearings. The documents filed by a party concerned shall be transmitted to the other parties.

Section 5

Where realisation of the return or restoration claim appears to be endangered, the Federal Higher Authority shall order the necessary interim measures to be taken for safeguarding the property, rights or interests.

Section 6

The Federal Higher Authority shall use its good offices to bring about an amicable settlement between the parties concerned. A compromise reached by the parties shall be recorded.

Section 7

Decisions of the Federal Higher Authority shall state in writing the reasons upon which they are based and shall be served upon the parties concerned.

Section 8

1. The Federal Higher Authority shall take all measures required for the return and restoration or shall determine which measures shall be taken by the authority competent in the circumstances of the case.
2. The Federal Higher Authority shall, in particular, be empowered to order, where necessary for the purpose of return or restoration, expropriation in favour of the Federal Republic, which shall effect the return or restoration. The nature and amount of the compensation to persons affected by the expropriation shall be fixed by a Federal law.

CHAPTER ELEVEN.-FACILITIES FOR THE EMBASSIES AND CONSULATES OF THE THREE POWERS IN THE FEDERAL REPUBLIC

Deleted.

CHAPTER TWELVE.-CIVIL AVIATION

ARTICLE 1

The Federal Republic will assume full responsibility in the field of civil aviation in the Federal territory, subject to the provisions of Articles 2 to 6 inclusive of this Chapter and of any other agreement between the Three Powers and the Federal Republic which enters into force simultaneously with the present Convention.

ARTICLE 2

The Federal Republic undertakes to adhere to the Convention on International Civil Aviation drawn up in Chicago in 1944(5) as soon as it is possible for it to do so in accordance with the terms of that Convention.

Pending such adherence, the Federal Republic undertakes:

(a) to apply and abide by the provisions of the Convention on International Civil Aviation and the International Air Services Transit Agreement of 1944 with respect to any other State which has declared its willingness to extend reciprocal treatment to the Federal Republic and which maintains diplomatic relations with the Federal Republic. The Federal Republic will make known its position in this respect to the States concerned and will enter into the appropriate arrangements necessary to put this undertaking into effect;

(b) to apply to the international civil aviation operations into’ and through the air space of the Federal Republic the fundamental principles of international air navigation and the standards, procedures and recommended practices as provided for by the Convention on International Civil Aviation of 1944;

(c) to accord to aircraft of foreign countries which may be granted rights to engage in air services or to operate in the air space of the Federal Republic, in the exercise of those rights, the same rights and privileges with respect to the use of air navigation and other facilities in the Federal Republic as are or would be accorded to civil aircraft of the Federal Republic in similar operations.

ARTICLE 3

The Federal Republic agrees to pursue, in its bilateral air transport agreements and arrangements, a liberal and non-discriminatory policy.

ARTICLE 4

1. The Federal Republic will permit the air carriers of any State to continue their operations, including cabotage, in the Federal territory on a basis not less favourable than that enjoyed by them on the entry into force of the present Convention. Such permission shall not be withdrawn for a period of one year from the entry into force of the present Convention or until the coming into effect of air transport agreements or other authorisation agreed with such State, whichever is earlier, provided that, where negotiations for an air transport agreement or other authorisation have been begun or proposed by either party within such period of one year, such permission shall not be withdrawn before agreement has been reached thereon or, in event of failure to reach agreement, until the expiry of one year from the date of the proposal by either party for negotiations. .
2. With respect to cabotage, such privileges may nevertheless be withdrawn if and when a German airline provides service adequate to meet public needs over a route or routes now serviced through the cabotage privileges of a foreign air carrier. Any change not involving withdrawal of cabotage privileges enjoyed on the entry into force of the present Convention shall be subject to the provisions of paragraph I of this Article and shall be made in accordance with the relevant principles and provisions of the Convention on International Civil Aviation.
3. The term ” German airline ” means an airline substantially owned and effectively controlled by German nationals or governmental authorities.

ARTICLE 5

1. In the exercise of,their responsibilities with respect to Berlin. the Three Powers will continue to regulate all air traffic to and from the Berlin air corridors established by the Allied Control Authority. The Federal Republic undertakes to facilitate and assist such traffic in every way on a basis no less favourable than that enjoyed on the entry into force of the present Convention; it undertakes to facilitate and assist unlimited and unimpeded passage through its air space for aircraft of the Three Powers en route to and from Berlin. The Federal Republic agrees to permit any necessary technical stops by such aircraft and further agrees that such aircraft may carry passengers, cargo and mail between.places outside the Federal Republic and Berlin and between the Federal Republic and Berlin.
2. Nothing in this Article shall confer or affect any cabotage privileges within the Federal territory.

ARTICLE 6

In the exercise of their responsibilities relating to Germany as a whole, the Three Powers will continue to exercise control with respect to aircraft of the Union of Soviet Socialist Republics utilising the air space of the Federal Republic, .

IN FAITH.WHEREOF the undersigned representatives duly authorised thereto by their respective Governments have signed the present Convention, being one of the related Conventions listed in Article 8 of the Convention on Relations between the Three Powers and the Federal Republic of Germany.

Done at Bonn this twenty-sixth day of May, 1952. in three texts, in the English,. French and German languages, all being equally authentic.

For the United States of America:

(L.S.)

DEAN ACHESON.

For the United Kingdom of Great Britain and Northern Ireland:

(L.S.)

ANTHONY EDEN.

For the French Republic:

(L.S.)

ROBERT SCHUMAN.

For the Federal Republic of Germany: .

(L.S.)

ADENAUER.

ANNEX TO THE CONVENTION ON THE SETTLEMENT OF MATTERS ARISING OUT OF THE WAR AND THE OCCUPATION

Charter of the Arbitral Commission on Property, Rights and Interests in Germany

PART I.-DURATION, SEAT, COMPOSITION AND ORGANISATION

ARTICLE 1

1. The Commission is established for a period of ten years to run from the entry into force of the present Charter.
2. This period may be curtailed or extended by agreement between the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic (hereinafter referred to as “the Three Powers “) and of the Federal Republic of Germany (all collectively hereinafter referred to as ” the Signatory States “).
3. After the date of expiration of this period, the Commission will continue to function to complete the determination of any cases pending before it at that date.

ARTICLE 2

The seat of the Commission shall be at the seat of the Arbitration Tribunal referred-to in Article 9 of the Convention on Relations between the Three Powers and the Federal Republic of Germany. The Commission may, however, sit and exercise its functions elsewhere when it deems it desirable to do so.

ARTICLE 3

1. The Commission shall be composed of nine permanent members who shall have the qualifications required in their respective countries for appointment to judicial office or equivalent qualifications.
2. The nine permanent members of the Commission shall be appointed as follows:

(a) three members appointed by the Governments of the Three Powers, one by each Government;

(b) three members appointed by the Federal Government; and

(c) three members (hereinafter referred to as the neutral members appointed by agreement between the Governments of the Three Powers and the Federal Government, none of whom shall be a national of any State which participated in the War.

3. The Governments of the Three Powers and the Federal Government shall make known their first appointments not later than thirty days after the entry into force of the present Charter. Within the same period, the Governments of the Three Powers and the Federal Government shall agree. upon the three neutral members. If, after the ‘expiry of such period, one or more of the neutral members shall not have been appointed, either the Governments of the Three Powers or the Federal Government may request the President of the International Court of Justice to appoint such.neutral member or members.
4. Appointments to fill vacancies shall be made in the same manner as the appointment of the permanent member to be replaced.

However, if a vacancy to be filled by the Government of one of the Three Powers or the Federal Government is not so filled within one month of its occurring, either the Governments of the Three Powers or the Federal Government may request the President of the International Court of Justice to make an interim appointment to the vacancy of a person who shall not be a national of any State which participated in the War and who shall serve for a period of six months or until the vacancy is filled in the normal manner, whichever is longer. If the member to be replaced is a neutral member, the Governments of the Three Powers or the Federal Government may request the President of the International Court of Justice to make such appointment, if the agreement envisaged by sub-paragraph (c) of paragraph 2 of this Article has not been reached within one month of the vacancy occurring.

5. The Commission may, by majority vote, declare a vacancy if,in its opinion, a member has, without reasonable excuse, failed or refused to participate in the hearing or decision of a case to which he has been assigned.
6. The Government of any State which has acceded to the present Charter pursuant to Article 17 hereof may appoint a member adjoint by notification addressed to the Governments of the Three Powers and the Federal Government. Any such member adjoint shall meet the requirements specified in paragraph 1 and shall be subject to the provisions of paragraph 5 of this Article. The appointing Government may fill a vacancy by notification addressed to the Governments of the Three Powers and the Federal Government.
7. The Secretariat of the Arbitration Tribunal shall serve the Commission as its administrative office.

ARTICLE 4

1. The permanent members shall be appointed for the duration of the Commission including the additional period provided for in paragraph 3 of Article 1 of the present Charter. Members adjoint may be appointed for shorter periods or for particular cases.

2, Members of the Commission shall not engage in any activity incompatible with the proper exercise of their duties, nor shall they participate in the adjudication of any case with which they have previously been concerned in another capacity or in which they have a direct interest.

Differences of opinion regarding the applicability of this paragraph shall be resolved by the Commission.

3. (a) During and after their terms of office, the members of the Commission shall enjoy immunity from suit in respect of acts performed in the exercise of their official duties.

(b) The members of the Commission who are not of German nationality shall, moreover, enjoy in the Federal territory the same privileges and immunities as are accorded members of diplomatic missions. If sittings or official acts take place in the territory of one of the Three Powers, the members of the Commission who are not of the nationality of the country in which the sitting or act takes place shall enjoy diplomatic privileges and immunities in such country.

4. Every member of the Commission shall, before taking office, make a declaration at a public session that he will exercise his duties impartially and conscientiously.
5. Subject to the provisions of paragraph 5 of Article 3 of the present Charter, no member may be dismissed before the expiry of his term of office, except by agreement between the Governments of the Three Powers and the Federal Government and,

(a) in the case of a member appointed by the Government of an acceding State, with the agreement of such Government;

(b) in the case of a member appointed by the President of the International Court of Justice, with the consent of its President.

6. Any member may at any time resign his office by giving due notice thereof under his hand to the appointing Government or Governments and to the President of the Commission. But he shall continue in office until his successor has taken his seat, unless the appointing Government or Governments and the President agree otherwise.

ARTICLE 5

1. The Commission shall elect its President from the three neutral members to serve for two years. The President shall be eligible for it, election. If the President shall cease to be a member of the Commission, the Commission shall elect a new President after his successor as a member of the Commission has been appointed. The remaining neutral members shall serve as Vice Presidents.
2. The Commission, presided over by the President or one of the Vice Presidents, shall sit either in plenary session or in Chambers of three members.
3. A plenary session shall, in principle, include all the permanent members of the Commission. A quorum of five members shall suffice to constitute a plenary session; it shall be composed of an uneven number of members, and in any case shall consist of an equal number of the members appointed by the Governments of the Three Powers and of those appointed by the Federal Government, and at least one neutral member. Members adjoint shall not take any part in a plenary session.
4. (a) Chambers shall be composed of one of the members appointed by the Governments of the Three Powers, one of the members appointed by the Federal Government and one neutral member. The Commission in plenary session shall nominate the members of such Chambers, define the categories of cases with which a Chamber will be concerned or assign a particular case to a Chamber. Subject to the provisions of paragraph 5 of Article 13 of the present Charter, any decision of a Chamber, on a case assigned to it, shall be deemed to be a final decision of the Commission.

(b) In cases heard by Chambers where any of the parties is one of the Three Powers or its national or resident, the member appointed by the Government of such Power shall sit unless such party otherwise agrees.

(c) in cases heard by Chambers, other than those referred to in subparagraph (b) of this paragraph, (i) where any of the parties is one of the acceding States or its national or resident, the member appointed by the Government of one of the Three Powers shall be replaced by the member adjoint appointed by the Government of such acceding State upon the latter’s application to the President; (ii) where more than one of the parties are acceding States or nationals or residents of acceding States, such States, nationals or residents may agree to the replacement of the member appointed by the Government of one of the Three Powers by one of the members adjoint appointed by the Governments of the States which, or whose nationals or residents, are parties, and such replacement shall be made upon application of all the States, nationals or residents concerned.

In default of such agreement, the member appointed by the Government of one of the Three Powers shall sit in the Chamber.

5. The Commission shall sit in public unless it decides otherwise. The deliberations of the Commission shall be and shall remain secret as shall all facts brought to its attention in closed session.

PART II -COMPETENCE, POWERS AND APPLICABLE LAW

ARTICLE 6

1. The Commission shall have jurisdiction in all disputes envisaged under Article 7 of Chapter Five and Article 12 of Chapter Ten of the Convention on the Settlement of Matters Arising out of the War and the Occupation (hereinafter referred to as “.the Convention “). Subject to the provisions of paragraph 2 of Article 9 and of Article 10 of the Charter of the Arbitration Tribunal, the Commission may decide questions as to the extent of its jurisdiction. The President of the Commission may ask the Arbitration Tribunal for an advisory opinion, under Article 25 of its Charter, as to the extent of the jurisdiction of the Commission.
2. The jurisdiction, in the first instance or on appeal, as the case may be, of the Commission in disputes within its competence which are. submitted to it shall be exclusive and no court or tribunal of the Signatory States or of any other State, nor any other national or international body, shall have jurisdiction in such disputes.
3. The Commission shall also have jurisdiction in any other matter which may be referred to it from time to time by agreement between the Signatory States. If any acceding State is directly concerned in the matter, the consent of its Government shall also be necessary.
4. Disputes within the jurisdiction of the Commission may be submitted by any of the Signatory States or any State which has acceded to-the present Charter, by a national or resident of any such State or of any territorial entity which is administered or controlled by any such State or for whose international relations such State is responsible, or by a juristic person established under the laws of any such State or territorial entity.
5. The Commission shall be competent to decide questions of law and fact. .

ARTICLE 7

1. The Commission or, in a case of urgency, the President, shall have the power to issue such orders as may be necessary to conserve the respective rights of the parties pending the judgment of the Commission. Any orders issued by the President under this Article may be confirmed, amended or annulled by the Commission within seventy-two hours after the notification thereof to the parties.
2. Any party affected by such an order of the Commission or of the President.who shall not have been heard. prior to the making thereof may apply to the Commission’for the amendment or annulment of the order at such time and in such manner as may be prescribed in the rules of procedure envisaged in Article 14 of the present Charter.

ARTICLE 5

In arriving at its decisions, the Commission shall apply the provisions of the Convention and of legislation made applicable thereby. Where necessary to supplement or interpret such provisions, or in the absence of any relevant provisions, it shall apply. the general principles of international law and of justice and equity.

PART III.-PROCEDURE

ARTICLE 9

1. The official languages of-the Commission shall be French, English and German. However, the President may, with the consent of the parties, direct that only one or two of these languages shall be used in the proceedings in any cause.
2. Decisions of the Commission shall be delivered in,all three languages.

ARTICLE 10

Proceedings before the Commission shall be instituted by a written complaint which shall contain a statement of the facts giving rise to the dispute and the arguments put forward by the complainant. Unless the Commission decides otherwise, an answer to the complaint shall be filed within one month of the service of the complaint. Further pleadings, if any, shall be filed as the Commission may direct.

ARTICLE 11

1. States as parties to the proceedings before the Commission shall be represented by agents. They may be assisted by counsel.
2. Natural persons may appear before the Commission either in person or by counsel, and juristic persons either by authorised representatives or by counsel.
3. Any government agent shall be authorised to present orally and in writing arguments and submissions in cases to which a national or resident of his State is a party.
4. The Commission may prescribe the qualifications which counsel must possess in order tp be admitted.

5.. The agents, counsel and representatives referred to in this Article shall enjoy immunity from suit in respect of acts performed in the exercise of their duties. Any natural persons appearing in person shall enjoy the same immunity.

ARTICLE 12

The Commission shall have power to demand the production of evidence documentary or other, to require the attendance of witnesses to testify, to request expert opinion, and to direct inquiries to be made. To this end the Commission may request the aid of the courts of any Signatory or acceding State,

ARTICLE 13

1. All decisions of the Commission shall be in the form of judgments or orders and shall be by majority vote of the members taking part.
2. Subject only to this Article and to, paragraph 2 of Article 9 and Article 10 of the Charter of the Arbitration Tribunal, all final judgments and orders of the Commission shall be binding on all parties and shall not be subject to appeal.
3. All judgments shall be delivered in writing and in open court. They shall include a statement of the facts and the reasons on ‘which they. are based.
4. Final decisions of the Commission in plenary session shall not be subject to appeal. The final decision on a case assigned to a Chamber must be taken by the Arbitral Commission in plenary session if the Chamber,. before it has pronounced a final decision, decides to refer the case to the plenary session..
5. Decisions of the Chambers may, by leave of the Chamber or the plenary session, be appealed on the law to the plenary session. Leave to appeal shall be sought within thirty days from the time the written decision is served upon the party, and such leave shall lapse if no appeal is lodged within thirty days from the date on which it is granted.
6. An appeal shall always lie to the plenary session or the Chamber from any order made by a member of the Commission sitting singly, within thirty days after service of such order upon the party concerned.
7. The revision of a final decision may not be requested of the Commission except upon the grounds of the discovery of a fact which is of such a nature as to exercise a decisive influence, and of which the Commission and the party requesting revision had been unaware before the pronouncement of the decision. The Commission sitting in plenary session shall decide whether such a revision is warranted.

ARTICLE 14

1. The proceedings shall consist of two parts: written and oral. Oral proceedings may be dispensed with if both parties so request.
2. The Commission shall determine rules of procedure consistent with the present Charter. These rules may provide for the rendering of judgments on default if a party fails to appear or to file pleadings. They may also provide for the assignment to any member of the Commission of special duties.

ARTICLE 15

1. The Commission may adopt rules of assessment for court costs. including rules enabling persons to sue or be sued in forma pauperis.
2. In general, each party to a proceeding shall pay its own costs. However, the Commission may make an order as to the costs of parties in exceptional cases, recording its reasons as a part of the judgment, where the proceedings have been found to be malicious or vexatious.

PART IV.-ADMINISTRATION AND EXPENSES

ARTICLE 16

1. Each of the Signatory States and any State acceding to the present Charter shall bear the full charge by way of salary and allowances of each of the members of the Commission appointed by itself.

2, The operating costs of the Commission (including the salaries and allowances of the neutral members) shall be borne equally by the Three Powers, on the one hand, and the Federal Republic, on the other.

3. The administration of the Commission, the accommodations of the Commission, its members and its staff, the salaries and allowances of the neutral members, staff appointments and staff salaries shall be regulated by a subsidiary administrative agreement between the Signatory States.

PART V.-FINAL CLAUSES

ARTICLE 17

1. The present Charter shall enter into force on the entry into force of the Convention.
2. Any State may accede to the present Charter by written notification addressed to each of the Signatory States through diplomatic channels and by the deposit with the Federal Government of an instrument of accession to the present Charter. The present Charter shall be binding on each acceding State as of the date of deposit of its instrument of accession.
3. Any State which accedes to the present Charter shall be deemed to become thereby a principal party to the agreement between the Signatory States contained in Chapter Five and Chapter Ten of,the Convention.
4. Any State acceding to the present Charter agrees to be bound by decisions of the Arbitration Tribunal pursuant to paragraph 2 of Article 9 of its Charter concerning the extent of the jurisdiction of the Commission.