1268 Vol. 42, p. 1942. Vol. 42, p. 2200. Further payments to German Nationals, from special deposit ac- count postponed, pend- ing arrears of payments by Germany . Vol. 40, p. 423; Vol. 42, p.106; Vol.45,p.268. Provisos. Use of any available funds in paying certain Mixed Claims Com- mission award s . 73d C ONGRESS . SESS. II. CH. 851. JUNE 27, 1934 . of America and who have suffered, through the acts of the Impe- rial German Government, or its agents *
- * since July 31,
1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German,
- , American, or other corporations, or in con-
sequence of hostilities or of any operations of war, or other- wi se
- ."
Whereas the treaty between the United States and Germany of August 25, 1921, incorporated said provision of such joint reso- lution and also provided in article I thereof as follows " Germany undertakes to accord to the United States, and the United States shall have and enjoy, all the rights, privileges, indemnities, reparations, or advantages specified in the aforesaid Joint Resolution of the Congress of the United States of July 2, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Versailles which the United States shall fully enjoy notwithstanding the fact that such Treaty has not been ratified by the United States ." ; and Whereas by the agreement of August 10, 1922, between Germany and the United States, a Mixed Claims Commission was established to adjudicate claims of American nationals against Germany aris- ing out of the World War ; and Wherea s unde r the terms of th e debt -fundi ng ag reemen t betw een Germany and the United States dated June 23, 1930, Germany agreed to pay to the United States in satisfaction of Germany's obligations remaining on account of awards, including interest thereon, entered and to be entered by the Mixed Claims Com- mission, United States and Germany, the sum of 40,800,000 reich- marks for the period September 1, 1929, to March 31, 1930, and the sum of 40,800,000 reichmarks per annum from April 1, 1930, to March 31, 1981 ; and Whereas Germany is now in arrears in payments due under said debt-funding agreement between Germany and the United States, and has, accordingly, failed to make suitable provision for the satisfaction of the said claims against Germany
- Now, therefore
be it R esolve d by the Senate and House of Representatives of the United St ates o f Ameri ca in Congres s assembled, That so long as Germany is in arrears in any payments of principal or interest, including interest at the rate of 5 per centum per annum on prin- cipal installments not paid when due, under the debt-funding agree- ment between Germany and the United States, dated June 23, 1930, with respec t to G erman y's ob ligati ons re maini ng on accoun t of awards, including interest thereon, entered and to be entered by the Mixed Claims Commission, United States and Germany, all pay- ments, conveyances, transfers, or deliveries of money or property or the income, issues, profits, and/or avails thereof authorized or directed to be made under the Trading with the Enemy Act, as amended, or the Settlement of War Claims Act of 1928, as amended, whether or not a judgment or decree has been entered with respect there to, sh all be post poned and th e mone y or proper ty, or the inco me, issu es, prof its, and /or avai ls t here of r eser ved
Pro vid ed, however, That such of the funds as are from time to time available (withou t taking into consideration interest the reafter accrui ng) under the Settlement of War Claims Act of 1928, as amended, for the payment of principal and interest upon awards of said Mixed Claims Commission shall be applied when available to the payment of principal and interest upon such awards in the same manner and to the same extent as though certain of the payments provided for
