Joint Statement on the Occasion of the Signing Ceremony\
of the Bilateral Agreements Relating to the Austrian Reconciliation Fund

+-----------------------------------------------------------------------+
| The Governments of the Republic of Belarus, the Czech Republic, the   |
| Republic of Hungary, the Republic of Poland, and Ukraine,             |
|                                                                       |
| The Governments of the Republic of Austria (\"Austria\") and the      |
| United States of America (\"United States\"),                         |
|                                                                       |
| Austrian companies and,                                               |
|                                                                       |
| As further participants, the undersigned attorneys,                   |
|                                                                       |
| Recognizing that dictatorship and intolerance cause xenophobia,       |
| slavery, racism, anti-Semitism, war and genocide and that the         |
| unprecedented crimes of the National Socialist era are a constant     |
| reminder to be vigilant against all forms of totalitarianism,         |
|                                                                       |
| Affirming that knowledge of and sensitivity towards the mechanisms    |
| and structures of the crimes of the Nazi system be a warning for all  |
| future generations,                                                   |
|                                                                       |
| Noting that through the Reconciliation Fund, Austria and Austrian     |
| companies acknowledge moral responsibility for and recognize the      |
| suffering of all victims of slave or forced labor who worked on the   |
| territory of the present-day Republic of Austria and who were         |
| exploited to contribute to the economy of that time the effect of     |
| this contribution still being felt today in some cases and understand |
| that, for the victims, the place where this happened was Austria,     |
| which had been incorporated into the German Reich,                    |
|                                                                       |
| Noting that, by means of the Austrian Fund for Reconciliation, Peace, |
| and Cooperation (\"Reconciliation Fund\") formed under Austrian       |
| federal law as an instrumentality of Austria and funded by            |
| contributions from Austria and Austrian companies, Austria and        |
| Austrian companies wish to respond to and acknowledge moral           |
| responsibility and bring a measure of justice to the victims of slave |
| or forced labor during the National Socialist era or World War II,    |
|                                                                       |
| Recalling the speech by President Thomas Klestil in Jerusalem on      |
| November 15, 1994 when he referred to the shared moral responsibility |
| of Austria by declaring: \"Today we Austrians recognize that an       |
| acknowledgment of the full truth was long overdue. We know full well  |
| that all too often we have spoken of Austria as the first state to    |
| have lost its freedom and independence to National Socialism and far  |
| too seldom of the fact that many of the worst henchmen in the Nazi    |
| dictatorship were Austrians. And no word of apology can ever expunge  |
| the agony of the Holocaust. In the name of the Republic of Austria, I |
| bow my head before the victims of that time,\"                        |
|                                                                       |
| Recognizing that Austria has, by adopting legislation approved by the |
| Allied Forces or building on international agreements, and in close   |
| cooperation with victims\' associations and concerned governments,    |
| provided restitution and compensation to victims of National          |
| Socialist era persecution,                                            |
|                                                                       |
| Acknowledging the role Austria played since World War II in           |
| accommodating refugees from the Eastern Bloc, particularly from       |
| Hungary in 1956, from the former Czechoslovakia in 1968, and from the |
| former Yugoslavia throughout the 1990s, and in providing safe-haven   |
| to and facilitating the secure transit of more than 360,000 Russian   |
| Jews on their way to freedom between the years of 1968 and 1989, and  |
| that the Reconciliation Fund constitutes a further gesture by Austria |
| and Austrian companies to the peoples of Central and Eastern Europe,  |
|                                                                       |
| Understanding that insofar as the sum of AS 6 billion to be made      |
| available by Austria and Austrian companies for the Reconciliation    |
| Fund is concerned, that sum is both a ceiling and a final amount and  |
| that all payments made towards former slave or forced laborers as     |
| well as payments for any other claims covered by the Reconciliation   |
| Fund, including payments in connection with wrongs that had taken     |
| place on the territory of the present- day Republic of Austria during |
| the time of the National Socialist regime whereby due consideration   |
| is to be given to the heirs of those slave or forced laborers who     |
| died before February 15, 2000, and all other costs incurred in        |
| connection with the Fund shall be financed from this sum, from any    |
| contributions from others, and the interest thereon,                  |
|                                                                       |
| Understanding that additional contributions by others for use by the  |
| Reconciliation Fund are welcomed,                                     |
|                                                                       |
| Recognizing that the Reconciliation Fund will provide dignified       |
| payments to some 150,000 survivors who suffered during the National   |
| Socialist era or World War II on the territory of the present-day     |
| Republic of Austria,                                                  |
|                                                                       |
| Accepting the common objective that Austria and Austrian companies    |
| (including parents and subsidiaries as defined in Annex A) receive    |
| all-embracing and enduring legal peace for all claims involving or    |
| related to the use of slave or forced labor during the National       |
| Socialist era or World War II,                                        |
|                                                                       |
| Welcoming the commitment of Austria to continue to pursue discussions |
| with interested parties, based on an agreed upon framework with such  |
| parties, concerning potential gaps and deficiencies in the            |
| restitution and compensation legislation enacted by Austria after     |
| World War II to address aryanization issues during the National       |
| Socialist era or World War II on the territory of the present-day     |
| Republic of Austria with a view to creating, in agreement with the    |
| United States, suitable potential remedies,                           |
|                                                                       |
| Recognizing that it would be in the participants\' interest for the   |
| Reconciliation Fund to be the exclusive remedy and forum for the      |
| resolution of all claims that have been or may be asserted against    |
| Austria and/or Austrian companies involving or related to the use of  |
| slave or forced labor during the National Socialist era or World War  |
| II and any other claims covered by the Reconciliation Fund,           |
|                                                                       |
| Recognizing that the establishment of the Reconciliation Fund does    |
| not create a basis for claims against Austria, Austrian companies, or |
| Austrian nationals,                                                   |
|                                                                       |
| Declare as follows:                                                   |
|                                                                       |
| 1.  All participants welcome and support the Reconciliation Fund, and |
|     declare their agreement with its elements, including the annexed  |
|     distribution plan (Annex B). The interests of former slave or     |
|     forced laborers of the National Socialist regime, certain other   |
|     victims and heirs have been duly taken into account. Based on the |
|     circumstances, all participants consider the overall result and   |
|     the distribution of the Reconciliation Fund funds to be fair to   |
|     the victims and their heirs. The Reconciliation Fund opens the    |
|     prospect of payment being made, even if, 55 years after the end   |
|     of the war, the wrongdoer can no longer be traced or is no longer |
|     in existence.                                                     |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| 1.  Given the advanced age of the victims concerned, the primary      |
|     humanitarian objective of the Reconciliation Fund is to show      |
|     results as soon as possible. All participants will work together  |
|     in a cooperative, fair and non-bureaucratic manner to ensure that |
|     the payments reach the victims quickly.                           |
|                                                                       |
| 2.  Payments are to be made to applicants on behalf of the            |
|     Reconciliation Fund irrespective of their race, religion, and     |
|     nationality. Insofar as the participants themselves distribute    |
|     funds, they will base their decisions on the criteria of          |
|     eligibility set out in the Austrian law establishing the          |
|     Reconciliation Fund and will act justly in this regard.           |
|                                                                       |
| 3.  The participating Governments and other participants will proceed |
|     as follows:                                                       |
|                                                                       |
|     a.  Austria and Austrian companies shall together contribute AS 6 |
|         billion to the Reconciliation Fund.                           |
|                                                                       |
|     b.  Austria and the United States will sign an Executive          |
|         Agreement. Such agreement contains the obligation undertaken  |
|         by the United States to assist in achieving all-embracing and |
|         enduring legal peace for Austria and Austrian companies for   |
|         all claims that have been or may be asserted against Austria  |
|         and/or Austrian companies involving or related to the use of  |
|         slave or forced labor during the National Socialist era or    |
|         World War II.                                                 |
|                                                                       |
|     c.  Austria will conclude agreements with Central and Eastern     |
|         European States representing the majority of victims eligible |
|         to receive payments from the Reconciliation Fund. The         |
|         Governments of the participating Central and Eastern European |
|         States will implement the necessary specific measures within  |
|         the framework of their national legal systems to achieve all- |
|         embracing and enduring legal peace for Austria and Austrian   |
|         companies for all claims that have been or may be asserted    |
|         against Austria and/or Austrian companies involving or        |
|         related to the use of slave or forced labor during the        |
|         National Socialist era or World War II.                       |
|                                                                       |
|     d.  The AS 6 billion contribution of Austria and Austrian         |
|         companies shall be due and payable to the Reconciliation Fund |
|         and distributions shall begin once the Executive Agreement    |
|         between the United States and Austria enters into force and   |
|         all pending claims as of October 24, 2000 against Austria     |
|         and/or Austrian companies involving or related to the use of  |
|         slave or forced labor during the National Socialist era or    |
|         World War II or any other claims covered by the               |
|         Reconciliation Fund, including those in the lawsuits listed   |
|         in Annex \[C\], have been dismissed with prejudice. Austria   |
|         will make available reasonable advanced funding to provide    |
|         appropriate publicity of the upcoming availability of         |
|         Reconciliation Fund benefits. Funds of Austrian companies     |
|         will be deposited into interest bearing account(s) no later   |
|         than November 24 (thirty days after the signing of the        |
|         Executive Agreement). All interest earned on funds in such    |
|         account(s) will accrue to the Reconciliation Fund.            |
|                                                                       |
|     e.  The undersigned counsel for plaintiffs will file motions or   |
|         stipulations to dismiss with prejudice all pending claims     |
|         they have filed in U.S. courts against Austria and/or         |
|         Austrian companies involving or related to the use of slave   |
|         or forced labor during the Nationalist Socialist era or World |
|         War II, as well as all other claims covered by the            |
|         Reconciliation Fund, including those listed in Annex \[C\].   |
|         They will also cooperate in seeking dismissal with prejudice  |
|         of all other such claims pending in U.S. courts, as of        |
|         October 24, 2000, including those listed in Annex \[D\].      |
|                                                                       |
|     f.  Austria and the United States will bring into force the       |
|         Executive Agreement and the United States will thereupon file |
|         the Statement of Interest as provided therein.                |
|                                                                       |
|     g.  Austria will encourage Austrian companies to open their       |
|         archives relating to the National Socialist era and World War |
|         II.                                                           |
|                                                                       |
| For the Government of the Republic of Belarus                         |
|                                                                       |
| For the Government of the Czech Republic                              |
|                                                                       |
| For the Government of the Republic of Hungary                         |
|                                                                       |
| For the Government of the Republic of Poland                          |
|                                                                       |
| For the Government of Ukraine                                         |
|                                                                       |
| For the Government of the United States of America                    |
|                                                                       |
| For the Government of the Republic of Austria                         |
|                                                                       |
| For the Platform \"Humanitarian Action\"                              |
|                                                                       |
| Lawrence Kill\                                                        |
| for Anderson, Kill & Olick, P.C.                                      |
|                                                                       |
| Edward Fagan\                                                         |
| for Fagan & Associates                                                |
|                                                                       |
| Carey D\'Avino                                                        |
|                                                                       |
| Barry Fisher\                                                         |
| for Fleishman & Fisher                                                |
|                                                                       |
| Robert Swift\                                                         |
| for Kohn, Swift & Graf, P.C.                                          |
|                                                                       |
| Morris A. Ratner\                                                     |
| for Lieff, Cabraser, Heimann & Bernstein, L.L.P.                      |
|                                                                       |
| Martin Mendelsohn\                                                    |
| for Verner, Liipfert, Bernhard, McPherson & Hand                      |
|                                                                       |
| Deborah M. Sturman\                                                   |
| for Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P.                   |
|                                                                       |
| Myroslaw Smorodsky                                                    |
|                                                                       |
| Michael Witti                                                         |
|                                                                       |
| Joint Statement on the Occasion of the Signing Ceremony\              |
| of the Bilateral Agreements\                                          |
| Relating to the Austrian Reconciliation Fund                          |
|                                                                       |
| Annex A                                                               |
|                                                                       |
| Definition of \"Austrian Companies\"                                  |
|                                                                       |
| \"Austrian companies,\" as used in this Executive Agreement and the   |
| Annexes thereto are defined as in Section 5 (2) of the legislation    |
| establishing the Fund \"Reconciliation, Peace and Cooperation,\" as   |
| follows:                                                              |
|                                                                       |
| 1.  Enterprises that, at any given time, had or have their            |
|     headquarters within the borders of the present-day Republic of    |
|     Austria as well as their parent companies (past or present,       |
|     direct or indirect), even when the latter had or have their       |
|     headquarters abroad.                                              |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| 1.  Enterprises situated outside the borders of the present-day       |
|     Republic of Austria in which Austrian enterprises as described in |
|     Sentence (1), at any given time, had or have a direct or indirect |
|     financial participation of at least 25 percent.                   |
|                                                                       |
| The definition of \"Austrian companies\" in the Executive Agreement   |
| between the Austrian Federal Government and the Government of the     |
| United States of America concerning the Austrian Fund                 |
| \"Reconciliation, Peace and Cooperation\" (Reconciliation Fund) and   |
| the Reconciliation Fund legislation are meant to be identical (as are |
| the words \"company\" and \"enterprise\") and should be interpreted   |
| in an identical manner.                                               |
|                                                                       |
| Additional annexes are available at                                   |
| www.usembassy-vienna.at/restitution.html                              |
+-----------------------------------------------------------------------+