Page:United States Statutes at Large Volume 62 Part 2.djvu/795

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62 STAT.] MULTTLATERAL-GERMAN PROPERTY IN SPAIN-MAY 10, 1948 EXECUTIVE PROTOCOL SUPPLEMENTARY TO THE ACCORD REGARDING THE ELIMINATION OF THE ECONOMIC POTENTIAL SITUATED IN SPAIN CAPABLE OF CONSTI- TUTING A DANGER TO PEACE, AND THE LIQUIDATION OF BALANCES AND PAYMENTS CLAIMS BETWEEN THE GOVERNMENTS OF SPAIN AND GERMANY For the purposes foreseen in the Accord signed on this date (here- inafter called the "Accord"), the Contracting Parties agree to the following Protocol which shall be considered an integral part thereof. ARTICLE I The application of the legislative measures which may be promul- gated by the Spanish Government for the purposes set out in Article I of the Accord is the exclusive concern of the Spanish Administration. It is agreed, on the other hand, that the Representatives in Spain of the Allied Control Council for Germany (hereinafter called the "Representatives") may intervene as provided in Articles IV, V and VII of the Accord, and that they shall permanently maintain relations with the competent bodies of the Spanish Administration for the purpose of exchanging information relative to the execution of those Articles, and proofs leading to the identification of the true owner of the assets defined as expropriable for reasons of national security, par- ticularly where grounds exist to presume that persons have been inter- posed in title or that any deception has occurred contrary to the Accord or to the legislation in force in Spain. Both Parties shall communi- cate to each other the names of the persons designated for this purpose. ARTICLE II The fair appraisal value (justiprecio) shall be in accordance with a true valuation of the assets to be expropriated, as of the date of such estimate. The interested Parties shall employ all means necessary to ascertain the true situation and the true value of the assets liable to expropria- tion and, for this purpose, the respective Interventors shall give them access to all archives, accounting records and other pertinent documents. The interested Parties shall likewise exchange between themselves all information conducive to the determination of the true valuation of the assets to be expropriated. Once the fair appraisal value of the assets to be expropriated has been established and accepted by both parties, as provided in the Accord, the procedure laid down in Article VIII of the Accord shall be followed. Once this condition has been fulfilled, the Spanish Administration shall proceed freely to determine to 68706 -51-PT . 1- --50 Integral part of Ac- cord. Ante, p. 2062. Application of legis- lative measures. Ante, p. 2062 . Ante, p. 2063 . Communication of names of designated persons. Appraisal of assets liable to expropria- tion. Ante, p. 206 2077