Page:United States Statutes at Large Volume 62 Part 3.djvu/54

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YUGOSLAVIA-CLAIMS-JULY 19, 1948 2659 Article 2 The claims of nationals of the United States to which reference is made in Article I of this Agreement include those respecting property, and rights and interests in and with respect to property, which at the time of nationalization or other taking were: (A) Directly owned by an individual who at such time was a na- tional of the United States. (B) Directly owned by a juridical person organized under the laws of the United States, or a constituent state or other political entity thereof, twenty percent or more of any class of the outstanding securities of which were at such time owned by individual nationals of the United States, directly, or in- directly through interests in one or more juridical persons of whatever nationality, or otherwise; or (C) Indirectly owned by an individual within category (A) above, or by a juridical person within category (B) above, through interests, direct, or indirect in one or more juridical persons not within category (B) above, or otherwise. Article 3 The claims of nationals of the United States to which reference is made in Article 1 of this Agreement do not include claims of individual nationals of the United States who did not possess such nationality at the time of the nationalization or other taking, which claims shall be subject to compensation by the Government of Yugoslavia, either by direct negotiations between that Government and the respective claimants or under compensation procedures prescribed by Yugoslav law. Article 4 (a) Nothing herein contained shall constitute or be construed to constitute a waiver or release by the Government of Yugoslavia of any claims it or any Yugoslav national may have against any national of the United States. (b) Claimants against the Government of Yugoslavia for compensa- tion on account of the nationalization or other taking of enterprises, whose claims with respect to such nationalization or other taking are claims which are fully settled and discharged by this Agreement, receiving payment out of the funds to be paid by the Government of Yugoslavia under Article 1 of this Agreement shall be deemed to have undertaken to hold the Government of Yugoslavia, and the respective successor enterprises established by such Government, harmless against, and to have assumed, all debt obligations, including guaran- tees, of the enterprises of which such claimants were formerly the owners, to nationals of countries other than Yugoslavia, valid and subsisting as of the date hereof, incurred not for the benefit of such enterprises, but for the benefit of the owners thereof; but such assump- tion and undertaking shall be applicable only to such proportion of Claims included. Claims excluded. Non-waiver of Yu- goslav claimsn against U. S . nationals. Claims against Yu- goslavia respecting na- tionalization, etc., of enterprises. 62 STAT.]