Department of State, Report on the Conference on German External Debts, London, February-August 1952
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by existing regulations, the percentage being different in each case and
ranging from 20 per cent. to 67 per cent. of the outstanding loans. The
German representatives stated that the Federal Government do not at
present have the power to alter this situation, which results in particular
from the relevant regulations under the currency conversion legislation. They
do agree that the Federal Government shall do everything in its power
to facilitate the settlement of the debts of the Bank and the payment of
interest and amortisation as provided under the said Laws and Regulations.
The creditors' representatives reserve the right of the creditors to take
such action as may be open to them to rectify what they consider to be a
settlement prejudicial to and discriminatory as between different classes of
creditors.
It is understood that the Bank retains its liability to the creditors in respect
of the indebtedness secured by assets in East Germany and will service that
liability as and when those assets become available to it.
There are several other institutions in a similar position where the same
principles should be applied.
6. In dealing with the Potash Loan in any plan of settlement under the
provisions of this Agreement, there will need to be considered the special
features of this loan.
ARTICLE IV
Outstanding Amount of Debt
1. The outstanding amount of any debt is the unpaid principal and all
unpaid interest due up to 1st January, 1953, such interest to be computed as
simple interest at the rate established in the existing contract, regardless of
whether the debt has matured before that date and regardless of the effect of
any default under the existing contract prior to that date.
2. An amount is unpaid within the meaning of paragraph 1 of this
Article if it has not been received and accepted expressly or implicitly by
the creditor. Acceptance by the creditor of funding bonds, scrip or cash
from the Konversionskasse constitutes payment of any debt, or of any part
of a debt, in respect of which they were accepted.
ARTICLE V
Settlement Terms
1. Principal
There shall be no reduction in the outstanding principal amount.
2. Foreign Currency Debts with Gold Clauses
(a) Gold dollars and gold Swiss francs.
In the case of debts expressed in gold dollars or gold Swiss francs,
the debts shall be computed on the basis of 1 currency dollar
equalling 1 gold' dollar and 1 currency Swiss franc equalling 1 gold
Swiss franc, and the new contracts shall be expressed in currency
dollars or currency Swiss francs respectively.
(b) Other currencies with gold clauses.
In the case of other debts with gold clauses (excluding German
currency debts with gold clauses-see paragraph 3 below) the amounts
due shall be payable only in the currency of the country in which
the loan was raised or the issue was made (below referred to as
" the currency of issue"), the amount due being computed as the
equivalent at the rate of exchange when the amount is due for
payment of a sum in U.S. dollars which shall be arrived at by
converting the amount of the obligation expressed in the currency
of issue into U.S. dollars at the rate of exchange ruling when
of the issue loan so reached shall, however, not made. be less The than if it were of computed currency
was raised or the issue amount
at the rate of exchange current on 1st August, 1952.
3. German Currency Debts with Gold Clauses
(a) The principle is accepted that such financial debts and mortgages,
in Gold Marks or in Reichsmarks with a gold clause, as had a
expressed (b) foreign Goldmark, constituting gold clause, specific Deutsche 1 foreign Deutsche Mark
specific character shall be converted into at the
rate of 1 or 1 Reichsmark with a = Mark.
The definition of the criteria the character
of the above indebtedness shall be the subject of further negotiation. Both
sides reserve their position as to the question in which cases and in which
way the above principle can be implemented. It shall lie with the German
Delegation to decide how the solution arrived at can be fitted into the
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"ocrText": "20\nby existing regulations, the percentage being different in each case and\nranging from 20 per cent. to 67 per cent. of the outstanding loans. The\nGerman representatives stated that the Federal Government do not at\npresent have the power to alter this situation, which results in particular\nfrom the relevant regulations under the currency conversion legislation. They\ndo agree that the Federal Government shall do everything in its power\nto facilitate the settlement of the debts of the Bank and the payment of\ninterest and amortisation as provided under the said Laws and Regulations.\nThe creditors' representatives reserve the right of the creditors to take\nsuch action as may be open to them to rectify what they consider to be a\nsettlement prejudicial to and discriminatory as between different classes of\ncreditors.\nIt is understood that the Bank retains its liability to the creditors in respect\nof the indebtedness secured by assets in East Germany and will service that\nliability as and when those assets become available to it.\nThere are several other institutions in a similar position where the same\nprinciples should be applied.\n6. In dealing with the Potash Loan in any plan of settlement under the\nprovisions of this Agreement, there will need to be considered the special\nfeatures of this loan.\nARTICLE IV\nOutstanding Amount of Debt\n1. The outstanding amount of any debt is the unpaid principal and all\nunpaid interest due up to 1st January, 1953, such interest to be computed as\nsimple interest at the rate established in the existing contract, regardless of\nwhether the debt has matured before that date and regardless of the effect of\nany default under the existing contract prior to that date.\n2. An amount is unpaid within the meaning of paragraph 1 of this\nArticle if it has not been received and accepted expressly or implicitly by\nthe creditor. Acceptance by the creditor of funding bonds, scrip or cash\nfrom the Konversionskasse constitutes payment of any debt, or of any part\nof a debt, in respect of which they were accepted.\nARTICLE V\nSettlement Terms\n1. Principal\nThere shall be no reduction in the outstanding principal amount.\n2. Foreign Currency Debts with Gold Clauses\n(a) Gold dollars and gold Swiss francs.\nIn the case of debts expressed in gold dollars or gold Swiss francs,\nthe debts shall be computed on the basis of 1 currency dollar\nequalling 1 gold' dollar and 1 currency Swiss franc equalling 1 gold\nSwiss franc, and the new contracts shall be expressed in currency\ndollars or currency Swiss francs respectively.\n(b) Other currencies with gold clauses.\nIn the case of other debts with gold clauses (excluding German\ncurrency debts with gold clauses-see paragraph 3 below) the amounts\ndue shall be payable only in the currency of the country in which\nthe loan was raised or the issue was made (below referred to as\n\" the currency of issue\"), the amount due being computed as the\nequivalent at the rate of exchange when the amount is due for\npayment of a sum in U.S. dollars which shall be arrived at by\nconverting the amount of the obligation expressed in the currency\nof issue into U.S. dollars at the rate of exchange ruling when\nof the issue loan so reached shall, however, not made. be less The than if it were of computed currency\nwas raised or the issue amount\nat the rate of exchange current on 1st August, 1952.\n3. German Currency Debts with Gold Clauses\n(a) The principle is accepted that such financial debts and mortgages,\nin Gold Marks or in Reichsmarks with a gold clause, as had a\nexpressed (b) foreign Goldmark, constituting gold clause, specific Deutsche 1 foreign Deutsche Mark\nspecific character shall be converted into at the\nrate of 1 or 1 Reichsmark with a = Mark.\nThe definition of the criteria the character\nof the above indebtedness shall be the subject of further negotiation. Both\nsides reserve their position as to the question in which cases and in which\nway the above principle can be implemented. It shall lie with the German\nDelegation to decide how the solution arrived at can be fitted into the"
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