TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13019 

________________________________________________________________________ 

CLAIMS 

 Agreement Between the 

UNITED STATES OF AMERICA 

and GERMANY 

Signed at Bonn September 19, 1995 

with 

Exchange of Notes 

and 

Supplementary Agreement 

Effected by Exchange of Notes 

Signed at Bonn January 25, 1999 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 GERMANY 

 Claims 

Agreement signed at Bonn September 19, 1995; 

Entered into force September 19, 1995. 

With exchange of notes. 

And supplementary agreement. 

Effected by exchange of notes 

Signed at Bonn January 25, 1999; 

Entered into force January 25, 1999. 
Agreement

between

the Government of the United States of America

and

the Government of the Federal Republic of Germany

Concerning

Final Benefits to Certain United States Nationals

Who Were Victims of

National Socialist Measures of Persecution
- 2 -

The Government of the United States of America

and

the Government of the Federal Republic of Germany

have agreed as follows:

Article 1

This Agreement shall settle compensation claims by certain United States nationals

who suffered loss of liberty or damage to body or health as a result of National Socialist

measures of persecution conducted directly against them. This Agreement shall cover only

the claims of persons who, at the time of their persecution, were already nationals of the

United States of America and who have to date received no compensation from the Federal

Republic of Germany. This Agreement shall, inter alia, not cover persons who were subjected to forced labor alone while not being detained in a concentration camp as victims of

National Socialist measures of persecution.

Article 2

1. For the prompt settlement of known cases of compensation claims covered by

Article 1, the Government of the Federal Republic of Germany shall pay to the Government

of the United States of America three million Deutsche Mark within 30 days of the entry

into force of this Agreement.

2. For any possible further cases not known at the present moment, both Governments intend to negotiate two years after the entry into force ofthis Agreement, an additional lump sum payment based on the same criteria as set forth in Article 1 and derived on the

same basis as the amount under paragraph 1.

Article 3

The distribution of the amounts referred to in Article 2 to the individual beneficiaries

shall be left to the discretion of the Government of the United States of America.
- 3 -

Article 4

1. Upon payment of the amount referred to in paragraph 1 of Article 2, the Government of the United States of America declares all compensation claims against the Federal

Republic of Germany by the United States nationals benefiting under that paragraph for damage within the meaning of Article 1 suffered by those nationals to be finally settled.

2. Upon payment of the amount referred to in paragraph 2 of Article 2, the Government of the United States of America declares all compensation claims against the Federal

Republic of Germany by United States nationals for damage within the meaning of Article 1

to be finally settled.

3. A United States national shall benefit from a payment under this Agreement only

if that national executes a waiver of all compensation claims within the meaning of Article 1

against the Federal Republic of Germany and against its nationals (including natural and juridical persons). At the request of the Government of the Federal Republic of Germany, the

Government of the United States of America shall transmit such waivers to the Government

of the Federal Republic of Germany.

Article 5

This Agreement shall enter into force on the date of signature.

Done at Bonn on September 19, 1995, in duplicate in the English and German

languages, both texts being equally authentic.	

For the Government of the	 For the Government of the

United States of America	 Federal Republic of Germany
The State Secretary

of the Federal Foreign Office

503-553 E 2329

Bonn, September 19, 1995

Excellency,

I have the honor to refer to the Agreement of today's date between the Government

of the Federal Republic of Germany and the Government of the United States of America

concerning final benefits to certain United States nationals who were victims of National

Socialist measures of persecution and to state as follows:

Articles 1 and 2 of the Agreement provide for the payment of certain sums by the

Government of the Federal Republic of Germany to the Government of the United States of

America for the benefit of United States nationals who were victims of National Socialist

measures of persecution and who, as a result of such measures, suffered loss of liberty or

damage to their health.

Any payment by the Government of the Federal Republic of Germany under this

Agreement will be only for the benefit of United States nationals who were victims of

National Socialist measures of persecution by reason of their race, their faith or their

ideology.

Accept, Excellency, the assurance of my highest consideration.

(Dr. v. Ploetz)

His Excellency

The Ambassador

of the United States of America

Mr. Charles E. Redman

Bonn
Embassy of the

United States of America

Bonn

Bonn, September 19, 1995

Excellency:

In your Note of today's date, you informed me as follows:

"I have the honour to refer to the Agreement of today's date between the Government of the Federal Republic of Germany and the Government of the United States of

America concerning final benefits to certain United States nationals who were victims of

National Socialist measures of persecution and to state as follows:

Articles 1 and 2 of the Agreement provide for the payment of certain sums by the

Government of the Federal Republic of Germany to the Government of the United States of

America for the benefit of United States nationals who were victims of National Socialist

measures of persecution and who, as a result of such measures, suffered loss of liberty or

damage to their health.

Any payment by the Government of the Federal Republic of Germany under this

Agreement will be only for the benefit of United States nationals who were victims of

National Socialist measures of persecution by reason of their race, their faith or their

ideology."

I have the honor to acknowledge, on behalf of the Government of the United States

of America, receipt of your Note of today's date concerning the Agreement of today's date

between the Government of the Federal Republic of Germany and the Government of the

United States of America concerning final benefits to United States nationals who were

victims of National Socialist measures of persecution.

Accept, Excellency, the renewed assurance of my highest consideration.

(Charles E. Redman)

His Excellency

Dr. Hans-Friedrich von Ploetz

State Secretary

Foreign Office

Federal Republic of Germany
THE STATE SECRETARY

	

Bonn, January 25th, 1999

OF THE FEDERAL FOREIGN OFFICE

Gz.: 503-553.E: 2329

Excellency,

I have the honor to refer to the Agreement of September 19, 1995 between the Government

of the Federal Republic of Germany and the Government of the United States of America

Concerning Final Benefits to Certain United States Nationals Who Were Victims of

National Socialist Measures of Persecution (Agreement of September 19, 1995), and to

propose on behalf of the Government of the Federal Republic of Germany that the following

Supplementary Agreement concerning an additional lump sum payment to the Agreement of

September 19, 1995, be concluded.

1. The Government of the Federal Republic of Germany and the Government of the

United States of America agree on the amount of DM 34,500,000 as the additional

lump sum payment referred to in Article 2 (2) of the Agreement of September 19,

1995. Payment of this amount is subject to the approval of the German Bundestag. The

Government of the Federal Republic of Germany shall propose to the German

Bundestag that this amount be included in the 1999 budget. The Government of the

Federal Republic of Germany shall make every effort to effect this payment as early as

possible in 1999.

His Excellency

Mr. John C. Kornblum

Ambassador

of the United States of America

Bonn
- 2 -

2. The individual payments made from this amount shall be governed by the provisions of

the Agreement of September 19, 1995.

3. The number of persons to benefit from such payments, the names of these persons, the

amount received by each of these persons and the bases for the calculation of such

amounts shall be held in confidence.

4. Upon payment of the additional lump sum referred to in Article 2 (2) of the Agreement

of September 19, 1995, the settlement of claims against the Federal Republic of

Germany as foreseen in Article 4 (2) of the Agreement of September 19, 1995, occurs.

5. This Agreement shall be concluded in the German and English languages, both texts

being equally authentic.

If the Government of the United States of America agrees to the proposals contained in

paragraphs 1 to 5 above, this Note and Your Excellency's Note in reply thereto expressing

your Government's agreement shall constitute a Supplementary Agreement to the abovementioned Agreement of September 19, 1995, between our two Governments, which shall

enter into force on the date of your Note in reply.

Accept, Excellency, the assurances of my high consideration.
EMBASSY OF THE

UNITED STATES OF AMERICA

Bonn, January 25, 1999

No. 14

Excellency:

I have the honor to confirm receipt of your Note No. 503-553.E:2329 of

January 25th, 1999, proposing on behalf of your Government the conclusion of a

Supplementary Agreement to the Agreement of September 19, 1995, between the

Government of the United States of America and the Government of the Federal

Republic of Germany.

The agreed English version of your Note reads as follows:

Bonn, January 25th, 1999

"THE STATE SECRETARY

OF THE FEDERAL FOREIGN OFFICE

Gz.: 503-553. E: 2329

Excellency,

I have the honor to refer to the Agreement of September 19, 1995 between the

Government of the Federal Republic of Germany and the Government of the United States of

America Concerning Final Benefits to Certain United States Nationals Who Were Victims of

National Socialist Measures of Persecution (Agreement of September 19, 1995), and to

propose on behalf of the Government of the Federal Republic of Germany that the following

Supplementary Agreement concerning an additional lump sum payment to the Agreement of

September 19, 1995, be concluded.

His Excellency

Dr. Hans-Friedrich von Ploetz

State Secretary

Foreign Office

Federal Republic of Germany
1. The Government of the Federal Republic of Germany and the Government of the United

States of America agree on the amount of DM 34,500,000 as the additional lump sum

payment referred to in Article 2 (2) of the Agreement of September 19. 1995. Pa yment of

this amount is subject to the approval of the German Bundestag. The Government of the

Federal Republic of Germany shall propose to the German Bundestag that this amount

he included in the 1999 budget. The Government of the Federal Republic of Germany

shall make every effort to effect this payment as early as possible in 1999.

2. The individual payments made from this amount shall be governed by the provisions of

the Agreement of September 19, 1995.

3. The number of persons to benefit from such payments, the names of these persons, the

amount received by each of these persons and the bases for the calculation of such

amounts shall he held in confidence.

4. Upon payment of the additional lump sum referred to in Article 2 (2) of the Agreement

of September 19, 1995, the settlement of claims against the Federal Republic of Germany

as foreseen in Article 4 (2) of the Agreement of September 19, 1995, occurs.

5. This Agreement shall be concluded in the German and English languages, both texts

being equally authentic.

If the Government of the United States of America agrees to the proposals contained in

paragraphs 1 to 5 above, this Note and Your Excellency's Note in reply thereto expressing your

Government's agreement shall constitute a supplementary agreement to the above-mentioned

Agreement of September 19, 1995 between our two Governments, which shall enter into force

on the date of your Note in reply.

Accept, Excellency, the assurances of my high consideration."

I have the honor to inform you that my Government agrees to the proposals

contained in your Note. Your Note and this Note in reply thereto shall thus constitute a

Supplementary Agreement to the Agreement of September 19, 1995, between our two

Governments, which shall enter into force on the date of this Note, the texts in the

English and German languages being equally authentic.

Accept, Excellency, the assurances of my highest consideration.

Kornblum) (John C.- 2 -