Agreement between the Government of the United States of America\
and the Austrian Federal Government concerning the\
Austrian Fund \"Reconciliation, Peace and Cooperation\" (Reconciliation
Fund)

The Government of the United States of America (\"United States\")\
and the Austrian Federal Government (\"Austria\")

+----------------------------------+-----------------------------------+
| Intending to shape relations     |                                   |
| between their two States in a    |                                   |
| spirit of friendship and         |                                   |
| cooperation for the future and   |                                   |
| to successfully resolve issues   |                                   |
| stemming from the past,          |                                   |
|                                  |                                   |
| Recognizing that Austria has, by |                                   |
| adopting legislation approved by |                                   |
| the Allied Forces or building on |                                   |
| international agreements to      |                                   |
| which the United States is a     |                                   |
| party, and in close cooperation  |                                   |
| with victims\' associations and  |                                   |
| interested governments, provided |                                   |
| restitution and compensation to  |                                   |
| victims of National Socialist    |                                   |
| persecution,                     |                                   |
|                                  |                                   |
| Noting that, by means of the     |                                   |
| Austrian Fund for                |                                   |
| Reconciliation, Peace, and       |                                   |
| Cooperation (\"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 the moral            |                                   |
| responsibility for all claims    |                                   |
| involving or related to the use  |                                   |
| of slave or forced labor during  |                                   |
| the National Socialist era or    |                                   |
| World War II,                    |                                   |
|                                  |                                   |
| Understanding that this          |                                   |
| Agreement does not affect        |                                   |
| Articles 21 and 26 of the 1955   |                                   |
| State Treaty for the             |                                   |
| Re-Establishment of an           |                                   |
| Independent and Democratic       |                                   |
| Austria,                         |                                   |
|                                  |                                   |
| Recognizing that Austrian        |                                   |
| companies, having contributed to |                                   |
| the Fund should not be asked or  |                                   |
| expected to contribute again, in |                                   |
| court or elsewhere, for any      |                                   |
| claims asserted involving or     |                                   |
| related to the use of slave or   |                                   |
| forced labor during the National |                                   |
| Socialist era or World War II,   |                                   |
|                                  |                                   |
| Recognizing as legitimate the    |                                   |
| interest Austria and Austrian    |                                   |
| companies have in all-embracing  |                                   |
| and enduring legal peace with    |                                   |
| respect to all claims asserted   |                                   |
| involving or related to the use  |                                   |
| of slave or forced labor during  |                                   |
| the National Socialist era or    |                                   |
| World War II, and further        |                                   |
| recognizing that such interest   |                                   |
| is fundamental to the            |                                   |
| contribution of Austrian         |                                   |
| companies to the Fund,           |                                   |
|                                  |                                   |
| Recognizing that it is in the    |                                   |
| interests of both the United     |                                   |
| States and Austria (the          |                                   |
| \"parties\") to have a           |                                   |
| resolution of these issues that  |                                   |
| is non-adversarial and           |                                   |
| non-confrontational, outside of  |                                   |
| litigation,                      |                                   |
|                                  |                                   |
| Recognizing that both parties    |                                   |
| desire all-embracing and         |                                   |
| enduring legal peace with        |                                   |
| respect to all claims 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,   |                                   |
| to advance their foreign policy  |                                   |
| interests,                       |                                   |
|                                  |                                   |
| Having worked as partners, in    |                                   |
| consultation with other          |                                   |
| interested parties and           |                                   |
| governments to assist Austria    |                                   |
| and Austrian companies to        |                                   |
| achieve wide support for the     |                                   |
| total amount of funds and the    |                                   |
| eligibility criteria of the Fund |                                   |
| and for the establishment of     |                                   |
| all-embracing and enduring legal |                                   |
| peace, with respect to all       |                                   |
| claims involving or related to   |                                   |
| the use of slave or forced labor |                                   |
| during the National Socialist    |                                   |
| era or World War II,             |                                   |
|                                  |                                   |
| Noting that the Fund will assure |                                   |
| broad coverage of victims and    |                                   |
| broad participation by           |                                   |
| companies, which could not be    |                                   |
| possible through judicial        |                                   |
| proceedings,                     |                                   |
|                                  |                                   |
| Believing that the Fund will     |                                   |
| provide as expeditious as        |                                   |
| possible a mechanism for making  |                                   |
| fair and speedy payments to now  |                                   |
| elderly victims,                 |                                   |
|                                  |                                   |
| Noting that Austria will         |                                   |
| conclude Agreements with Central |                                   |
| and Eastern European countries   |                                   |
| representing the majority of     |                                   |
| victims eligible to receive      |                                   |
| payments from the Fund to        |                                   |
| guarantee smooth and efficient   |                                   |
| operation of the Fund,           |                                   |
|                                  |                                   |
| Noting that Austria has          |                                   |
| coordinated with the Federal     |                                   |
| Republic of Germany and its      |                                   |
| Foundation \"Remembrance,        |                                   |
| Responsibility and the Future\"  |                                   |
| to provide as broad a coverage   |                                   |
| as possible for any claims       |                                   |
| involving or related to the use  |                                   |
| of slave or forced labor during  |                                   |
| the National Socialist era or    |                                   |
| World War II,                    |                                   |
|                                  |                                   |
| Having in mind, that the Fund    |                                   |
| covers, and that it would be in  |                                   |
| the interests of both parties    |                                   |
| for the 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 Fund,                        |                                   |
|                                  |                                   |
| Recognizing that Austria has     |                                   |
| passed legislation proposed by   |                                   |
| all political parties            |                                   |
| represented in the National      |                                   |
| Council to establish the Fund,   |                                   |
|                                  |                                   |
| Have agreed as follows:          |                                   |
|                                  |                                   |
| [Article 1]{.underline}          |                                   |
|                                  |                                   |
| 1.  The parties agree that the   |                                   |
|     Fund covers, and that it     |                                   |
|     would be in their interest   |                                   |
|     for the 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 Fund.         |                                   |
|                                  |                                   |
| ```{=html}                       |                                   |
| <!-- -->                         |                                   |
| ```                              |                                   |
| 1.  Austria agrees to ensure     |                                   |
|     that the Fund shall provide  |                                   |
|     appropriately extensive      |                                   |
|     publicity concerning its     |                                   |
|     existence, its objectives,   |                                   |
|     and the availability of      |                                   |
|     funds.                       |                                   |
|                                  |                                   |
| 2.  Annex A sets forth the       |                                   |
|     principles that shall govern |                                   |
|     the operation of the Fund.   |                                   |
|     Austria assures that the     |                                   |
|     Fund will be subject to      |                                   |
|     supervision by an Austrian   |                                   |
|     authority; any person may    |                                   |
|     request that the Austrian    |                                   |
|     authority take measures to   |                                   |
|     ensure compliance with the   |                                   |
|     legal requirements of the    |                                   |
|     Fund.                        |                                   |
|                                  |                                   |
| 3.  Austria agrees to actively   |                                   |
|     and expeditiously 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       |                                   |
|     present-day Austria with a   |                                   |
|     view to creating, in         |                                   |
|     agreement with the United    |                                   |
|     States, suitable potential   |                                   |
|     remedies in the meaning of   |                                   |
|     Article 2 paragraph 2 and    |                                   |
|     Article 3 paragraph 3        |                                   |
|     hereof. The United States    |                                   |
|     Government will facilitate   |                                   |
|     this process.                |                                   |
|                                  |                                   |
| [Article 2]{.underline}          |                                   |
|                                  |                                   |
| 1.  The United States shall, in  |                                   |
|     all cases in which the       |                                   |
|     United States is notified    |                                   |
|     that a claim described in    |                                   |
|     Article 1 (1) has been       |                                   |
|     asserted in a court in the   |                                   |
|     United States, inform its    |                                   |
|     courts through a Statement   |                                   |
|     of Interest, in accordance   |                                   |
|     with Annex B, and consistent |                                   |
|     therewith, as it otherwise   |                                   |
|     considers appropriate, that  |                                   |
|     it would be in the foreign   |                                   |
|     policy interest of the       |                                   |
|     United States for the Fund   |                                   |
|     to be the exclusive remedy   |                                   |
|     and forum for resolving such |                                   |
|     claims against Austria       |                                   |
|     and/or Austrian companies as |                                   |
|     defined in Annex C, and that |                                   |
|     dismissal of such cases      |                                   |
|     would be in its foreign      |                                   |
|     policy interest.             |                                   |
|                                  |                                   |
| ```{=html}                       |                                   |
| <!-- -->                         |                                   |
| ```                              |                                   |
| 1.  The United States shall      |                                   |
|     also, in all cases in which  |                                   |
|     Austria, in agreement with   |                                   |
|     the United States,           |                                   |
|     establishes a suitable       |                                   |
|     potential remedy for other   |                                   |
|     claims against Austria       |                                   |
|     and/or Austrian companies    |                                   |
|     arising out of the National  |                                   |
|     Socialist era or World War   |                                   |
|     II, file a Statement of      |                                   |
|     Interest, *mutatis           |                                   |
|     mutandis*, as described in   |                                   |
|     Article 2 (1).               |                                   |
|                                  |                                   |
| 2.  The United States,           |                                   |
|     recognizing the importance   |                                   |
|     of the objectives of this    |                                   |
|     agreement, including         |                                   |
|     all-embracing and enduring   |                                   |
|     legal peace, shall, in a     |                                   |
|     timely manner, use its best  |                                   |
|     efforts, in a manner it      |                                   |
|     considers appropriate, to    |                                   |
|     achieve these objectives     |                                   |
|     with state and local         |                                   |
|     governments.                 |                                   |
|                                  |                                   |
| [Article 3]{.underline}          |                                   |
|                                  |                                   |
| 1.  This agreement is intended   |                                   |
|     to complement the creation   |                                   |
|     of the Fund and to foster    |                                   |
|     all-embracing and enduring   |                                   |
|     legal peace for Austria and  |                                   |
|     Austrian companies with      |                                   |
|     respect to any claims        |                                   |
|     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 Fund.         |                                   |
|                                  |                                   |
| ```{=html}                       |                                   |
| <!-- -->                         |                                   |
| ```                              |                                   |
| 1.  This agreement shall not     |                                   |
|     affect unilateral decisions  |                                   |
|     or bilateral or multilateral |                                   |
|     agreements that dealt with   |                                   |
|     the consequences of the      |                                   |
|     National Socialist era or    |                                   |
|     World War II.                |                                   |
|                                  |                                   |
| 2.  The United States shall take |                                   |
|     appropriate steps to oppose  |                                   |
|     any challenge to the         |                                   |
|     sovereign immunity of        |                                   |
|     Austria with respect to any  |                                   |
|     claim that may be asserted   |                                   |
|     against the Republic of      |                                   |
|     Austria 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 Fund,  |                                   |
|     and other claims arising out |                                   |
|     of the National Socialist    |                                   |
|     era or World War II for      |                                   |
|     which the United States and  |                                   |
|     Austria agree that a         |                                   |
|     suitable potential remedy    |                                   |
|     has been provided.           |                                   |
|                                  |                                   |
| [Article 4]{.underline}          |                                   |
|                                  |                                   |
| Annexes A, B, and C shall be an  |                                   |
| integral part of this Agreement. |                                   |
|                                  |                                   |
| [Article 5]{.underline}          |                                   |
|                                  |                                   |
| The Agreement shall enter into   |                                   |
| force on the date on which the   |                                   |
| parties agree by exchange of     |                                   |
| notes.                           |                                   |
|                                  |                                   |
| DONE at Vienna, the day of       |                                   |
| October, 2000, in duplicate in   |                                   |
| the English and German           |                                   |
| languages, both texts being      |                                   |
| equally authentic.               |                                   |
+----------------------------------+-----------------------------------+
| For the Government\              | For the Austrian Federal\         |
| of the United States of America: | Government:                       |
+----------------------------------+-----------------------------------+

+-----------------------------------------------------------------------+
| Annex A                                                               |
|                                                                       |
| of the Agreement between the Government of the United States of       |
| America and\                                                          |
| the Austrian Federal Government concerning the Austrian Fund\         |
| \"Reconciliation, Peace and Cooperation\"                             |
|                                                                       |
| Principles Governing the Operation of the Fund                        |
|                                                                       |
| Article 1(3) of the Agreement provides that the principles governing  |
| the operation of the Fund will be set forth in Annex A. This Annex    |
| reflects key elements of the Fund that form a basis for the parties\' |
| mutual commitments in the Agreement.                                  |
|                                                                       |
| The term \"Reconciliation Fund legislation\" refers to the Federal    |
| Law establishing the \"Fund for Reconciliation, Peace and Cooperation |
| (Reconciliation Fund),\" the commentary adopted by the Constitutional |
| Committee of the Austrian National Council which were communicated to |
| the United States, and the by-laws to be established and governing    |
| the operation of the Fund.                                            |
|                                                                       |
| 1.  The Reconciliation Fund legislation will state that the purpose   |
|     of the Fund is to provide payments through partner organizations  |
|     and, where no such partner organization exists, through the Fund  |
|     itself, to all those who suffered as slave or forced laborers and |
|     to certain others who suffered during the National Socialist era  |
|     or World War II on the territory of present-day Austria.          |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| 1.  The Reconciliation Fund legislation will provide for a Board of   |
|     Trustees that consists of an equal number of members appointed by |
|     the Austrian Government and Austrian companies and by other       |
|     governments and victims\' representatives, except that the        |
|     Chairman shall be the Chancellor of the Republic of Austria. All  |
|     Fund operations will be transparent and by-laws and similar       |
|     procedures will be made public. The Board will adopt by-laws by a |
|     simple majority vote. The by-laws will include a provision that   |
|     will state that a purpose of the Fund is to benefit, through      |
|     projects, the heirs of those who have not survived.               |
|                                                                       |
| 2.  The Reconciliation Fund legislation will provide that the Fund    |
|     and all partner organizations will be audited.                    |
|                                                                       |
| 3.  The Reconciliation Fund legislation will provide that each person |
|     who was forced to work while under detention in a concentration   |
|     camp or similar place of confinement under inhumane conditions    |
|     (\"slave laborer\") will receive AS 105,000. The Reconciliation   |
|     Fund legislation will also provide that persons who were          |
|     transported by force or by deception into work on the territory   |
|     of the present-day Republic of Austria, or who, after a voluntary |
|     stay on the territory of the present-day Republic of Austria,     |
|     were prevented from returning home and who were subjected to      |
|     particularly bad living conditions, and either were subject to    |
|     confinement or some other significant limitation of freedom or    |
|     were deprived of their personal rights or subjected to            |
|     particularly severe disciplinary measures, and were forced to     |
|     work (\"forced laborers\"), will each receive AS 35,000 if they   |
|     had to perform forced labor in industry, business, construction,  |
|     power companies and other commercial enterprises, public          |
|     institutions, rail transportation or postal service, and AS       |
|     20,000 if they had to do forced labor exclusively in agriculture  |
|     or forestry or exclusively performed personal services work. In   |
|     addition, the Reconciliation Fund legislation will provide that   |
|     the Fund will make payments of AS 105,000, AS 35,000 or AS 20,000 |
|     to natural persons who were residents of the territory of the     |
|     present-day Republic of Austria and who, because of political     |
|     motives, reasons of ancestry, religion, nationality, sexual       |
|     orientation, physical or mental handicap, accusation of supposed  |
|     anti-social behavior or in connection with medical experiments,   |
|     were coerced by the National Socialist regime to work on the      |
|     territory of the present-day Republic of Austria under conditions |
|     equivalent to those cited above. The Reconciliation Fund          |
|     legislation will also provide that persons who were transported   |
|     as children under the age of 12 with one or both parents, one or  |
|     both of whom performed slave or forced labor, onto the territory  |
|     of the present-day Republic of Austria, or who were born during   |
|     their mother\'s period of slave or forced labor on the territory  |
|     of the present-day Republic of Austria, will receive payments up  |
|     to the amount that their parent(s) are or would have been         |
|     eligible to receive, i.e., AS 105,000, AS 35,000 or AS 20,000.    |
|     The Reconciliation Fund legislation will also provide that        |
|     persons who suffered demonstrably severe and lasting physical or  |
|     psychological damage, due to work they had to do while performing |
|     forced labor on the territory of the present- day Republic of     |
|     Austria but do not qualify to receive payments under another      |
|     category, will be able to receive up to the amount applicable to  |
|     their categories, i.e., AS 35,000 or AS 20,000 (\"special         |
|     hardship\"). The by-laws will provide that a payment of up to AS  |
|     105,000, AS 35,000 or AS 20,000, depending on the circumstances,  |
|     will be made to all others who can make a credible claim that     |
|     they were forced to work on the territory of the present-day      |
|     Republic of Austria under conditions similar to those faced by    |
|     slave or forced laborers as defined in the Reconciliation Fund    |
|     legislation, who are not otherwise covered by the Reconciliation  |
|     Fund legislation. The Reconciliation Fund legislation will also   |
|     provide that a supplementary payment of AS 5,000 will be made to  |
|     women who, during their time as forced laborers on the territory  |
|     of the present-day Republic of Austria, gave birth to children in |
|     maternity facilities for eastern workers or who were forced to    |
|     undergo abortions.                                                |
|                                                                       |
| 4.  The Reconciliation Fund legislation will provide that slave or    |
|     forced laborers will not be able to receive payments for their    |
|     claims involving or related to their slave or forced labor during |
|     the National Socialist era or World War II from both the Fund and |
|     the German Foundation, \"Remembrance, Responsibility and the      |
|     Future.\"                                                         |
|                                                                       |
| 5.  The Reconciliation Fund legislation will provide that the         |
|     eligibility for the Fund will be limited to survivors, or, if the |
|     eligible person has died on or after February 15, 2000, then the  |
|     heir(s) according to the national law of the person in question.  |
|                                                                       |
| 6.  The Reconciliation Fund legislation will provide that all         |
|     eligibility decisions will be based on relaxed standards of       |
|     proof.                                                            |
|                                                                       |
| 7.  The Reconciliation Fund legislation will make clear that receipt  |
|     of payment from Fund funds will not affect the recipient\'s       |
|     eligibility for social security or other public benefits. There   |
|     will be no offsets for any prior compensation payments.           |
|                                                                       |
| 8.  The Reconciliation Fund legislation will provide that each        |
|     applicant for a Fund payment will be required to state that, upon |
|     receipt of a payment, he or she will waive any and all alleged    |
|     National Socialist era or World War II claims against the         |
|     Republic of Austria and/or Austrian companies, as well as against |
|     Germany and German companies, involving or related to slave or    |
|     forced labor.                                                     |
|                                                                       |
| 9.  The bilateral agreements will provide that each partner           |
|     organization will create an internal appeals procedure and the    |
|     Reconciliation Fund legislation will provide that the Fund will   |
|     create an internal appeals procedure.                             |
|                                                                       |
| 10. The Reconciliation Fund legislation will require that the Fund    |
|     provide appropriately extensive publicity concerning the benefits |
|     that the Fund will offer and how to apply. The Board of Trustees, |
|     in cooperation with the partner organizations, will determine the |
|     form and content of such publicity.                               |
|                                                                       |
| 11. The Reconciliation Fund legislation will allow applications to be |
|     made to the partner organizations and to the Fund itself for up   |
|     to two years after the entry into force of the Federal Law        |
|     establishing the \"Fund for Reconciliation, Peace and Cooperation |
|     (Reconciliation Fund).\"                                          |
|                                                                       |
| 12. The Reconciliation Fund legislation will authorize the Fund and   |
|     its partner organizations to receive information from Austrian    |
|     Government agencies and other public bodies that is necessary for |
|     the fulfillment of their responsibilities, in so far as this is   |
|     not contrary to particular statutes or regulations or the         |
|     legitimate interests of the persons concerned.                    |
|                                                                       |
| 13. The Reconciliation Fund legislation will encourage Austrian       |
|     companies to open their archives relating to the National         |
|     Socialist era and World War II.                                   |
|                                                                       |
| 14. The Reconciliation Fund legislation will enter into force no      |
|     later than when the funds of the Fund are made available to it    |
|     and the bilateral agreements between Austria and the Governments  |
|     of Belarus, the Czech Republic, Hungary, Poland, Russia, Ukraine, |
|     and the United States have been signed.                           |
|                                                                       |
| Annex B                                                               |
|                                                                       |
| of the Agreement between the Government of the United States of       |
| America and\                                                          |
| the Austrian Federal Government concerning the Austrian Fund\         |
| \"Reconciliation, Peace and Cooperation\"                             |
|                                                                       |
| Pursuant to Article 2, Paragraph 1, the United States will timely     |
| file a Statement of Interest and accompanying formal foreign policy   |
| statement by the Secretary of State and Declaration of Deputy         |
| Treasury Secretary Stuart E. Eizenstat in all pending and future      |
| cases, regardless of whether the plaintiff(s) consent(s) to           |
| dismissal, in which the United States is notified that a claim has    |
| been asserted against Austria and/or Austrian companies involving or  |
| related to (i) the use of slave or forced labor during the National   |
| Socialist era or World War II or (ii) any other claims covered by the |
| Fund.                                                                 |
|                                                                       |
| The Statement of Interest will make the following points:             |
|                                                                       |
| 1.  As indicated in the correspondence between the President of the   |
|     United States and the Federal President of the Republic of        |
|     Austria, the President of the United States has concluded that it |
|     would be in the foreign policy interests of the United States for |
|     the Fund to be the exclusive forum and remedy for the resolution  |
|     of all claims 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 Fund.                                              |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| 1.  Accordingly, the United States believes that all claims           |
|     identified in paragraph one above should be pursued (or in the    |
|     event the Fund has been exhausted, should timely have been        |
|     pursued) through the Fund instead of the courts.                  |
|                                                                       |
| 2.  As referred to in the above-mentioned correspondence, dismissal   |
|     of all claims identified in paragraph one above would be in the   |
|     foreign policy interests of the United States. The United States  |
|     will recommend dismissal on any valid legal ground which, under   |
|     the United States system of jurisprudence, will be for the United |
|     States courts to determine. The United States will explain that,  |
|     in the context of the Fund, it is in the enduring and high        |
|     interest of the United States to support efforts to achieve       |
|     dismissal of all claims 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 Fund. The United States will explain  |
|     fully its foreign policy interests in achieving dismissal, as set |
|     forth below.                                                      |
|                                                                       |
| 3.  The United States\' interests include the interest in a fair and  |
|     prompt resolution of the issues involved in these lawsuits to     |
|     bring some measure of justice to the victims of the National      |
|     Socialist era or World War II in their lifetimes; the interest in |
|     the furtherance of the close cooperation this country has with    |
|     the friendly country and trading partner, Austria; the interest   |
|     in maintaining good relations with Israel and other Western,      |
|     Central, and Eastern European nations, from which many of those   |
|     who suffered during the National Socialist era or World War II    |
|     come; and the interest in achieving legal peace 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 and any   |
|     other claims covered by the Fund.                                 |
|                                                                       |
| 4.  The Fund is an important part of a half-century effort to         |
|     complete the task of bringing justice to victims of the Holocaust |
|     and victims of the National Socialist era. The Fund complements   |
|     prior compensation, restitution, and pension programs by Austria  |
|     for acts arising out of the National Socialist era or World War   |
|     II.                                                               |
|                                                                       |
| 5.  The participation in the Fund not only by the Austrian Government |
|     and companies that existed on the territory of present-day        |
|     Austria during the National Socialist era or World War II, but    |
|     also by companies that did not exist during the National          |
|     Socialist era or World War II, as well as Austria\'s coordination |
|     with the Federal Republic of Germany and its Foundation           |
|     \"Remembrance, Responsibility and the Future,\" allows            |
|     comprehensive coverage of the claims of slave or forced laborers  |
|     and certain other victims.                                        |
|                                                                       |
| 6.  Plaintiffs in these cases face numerous legal hurdles, including, |
|     without limitation, foreign sovereign immunity, justiciability,   |
|     international comity, statutes of limitation, jurisdictional      |
|     issues, forum non conveniens, difficulties of proof,              |
|     certification of a class of heirs and legal precedent adverse to  |
|     their claims. The United States takes no position here on the     |
|     merits of the legal claims or arguments advanced by plaintiffs or |
|     defendants. The United States does not suggest that its policy    |
|     interests concerning the Fund in themselves provide an            |
|     independent legal basis for dismissal, but will reinforce the     |
|     point that U.S. policy interests favor dismissal on any valid     |
|     legal ground.                                                     |
|                                                                       |
| 7.  The Fund is fair and equitable, based on: (a) the advancing age   |
|     of the plaintiffs, their need for a speedy, non-bureaucratic      |
|     resolution, and the desirability of expending available funds on  |
|     victims rather than litigation; (b) the Fund\'s level of funding, |
|     allocation of its funds, payment system, and eligibility          |
|     criteria; (c) the difficult legal hurdles faced by plaintiffs and |
|     the uncertainty of their litigation prospects; (d) the particular |
|     difficulties presented by the claims of heirs; and (e) the        |
|     commitment of the Austrian government to actively and             |
|     expeditiously 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 present-day Austria with a view  |
|     to creating, in agreement with the United States, suitable        |
|     potential remedies within the meaning of Article 2 paragraph 2    |
|     and Article 3 paragraph 3 hereof.                                 |
|                                                                       |
| 8.  The structure and operation of the Fund will assure (or has       |
|     assured) swift, impartial, dignified, and enforceable payments;   |
|     appropriately extensive publicity has been given concerning its   |
|     existence, its objectives, and the availability of funds; and the |
|     Fund\'s operation is open and accountable.                        |
|                                                                       |
| Annex C                                                               |
|                                                                       |
| of the Agreement between the Government of the United States of       |
| America and\                                                          |
| the Austrian Federal Government concerning the Austrian Fund\         |
| \"Reconciliation, Peace and Cooperation\"                             |
|                                                                       |
| 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 this Executive Agreement  |
| 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.                                   |
+-----------------------------------------------------------------------+