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ENCLOSURE 4
TECHNICAL QUESTIONS
In connection with the establishment of a plan for the settlement of German external debts a number of questions are expected to arise for consideration.
Among these are:
(1) Whether German debts owed to foreign creditors which may not be strictly classifiable as external in character should be included in the plan.
(2) Questions connected with the operations of the Konversionskasse and
Verrechnungskasse.
(3) What debts of corporate bodies which functioned as Reich agencies con-
stitute liabilities of the Reich.
(4) The extent of the liability of the Federal Republic with regard to interest and other charges which became due after 12th March, 1938 and before 8th May, 1945, on securities of the Government of Austria.
(5) Specific problems relating to the debts of Prussia.
(6) Effect of the gold clause provisions in specific German obligations.
ENCLOSURE 5
TERMS OF REFERENCE OF THE TRIPARTITE COMMISSION ON
GERMAN DEBTS
1. The Governments of France, the United Kingdom and the United States have decided to establish a commission to be known as the Tripartite Commission on German Debts for the purpose of carrying forward the work of the three Govern- ments in preparing for the orderly overall settlement of German pre-war debts and of the German debt arising out of post-war economic assistance, as envisaged in the agreement of 6th March, 1951, between the three Governments and the German Federal Government. The Commission will have its headquarters in London.
2. The functions of the Commission will be:
(a) To serve as a means of co-ordinating the policies of the three Govern-
ments regarding foreign-held German debts.
.
(b) To take the necessary steps so that a plan for general settlement arrange- ments for these debts is worked out in consultation with the German Federal Government and other interested Governments and with representatives of creditors and debtors, and so that the settlement arrangements are embodied in an intergovernmental Agreement.
(c) To represent the three Governments--
(i) in the negotiations relative to these settlement arrangements and
the intergovernmental Agreement; and
(ii) in dealing with problems in connection with the settlement of post-
war debts for economic assistance.
(d) To deal with such other matters relative to German debts as are referred
to it by the three Governments.
3. In carrying out these functions the Commission will be guided by the agreed policies of the three Governments including the principles relating to German debts which were communicated to the Chancellor of the German Federal Republic in the letter of 23rd October, 1950, from the Allied High Com- mission, and by the agreement of 6th March, 1951, between the three Governments and the German Federal Government.
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