about 586,000 jugars (entitled second category).
Czechoslovakia states that of this total, properties of an area of about 145,000 cadastral jugars, the subject of a lawsuit before the Mixed Arbitral Tribunal under No. 821, have given rise to a direct agreement at present contested by the former owner.
This lawsuit will be carried on against the Agrarian Fund, as provided for in the case, of the lawsuits referred to in Article I of Agreement No. II. The conditions under which the posible risk is to be covered are settled by a special Agreement of even date between the Governments concerned.
Further, Czechoslovakia has explained that she had completely settled by friendly arrangement disputes Nos. 62 and 74 relating to a total area of about 90,000 jugars, and that she has obtained the abandonment of the suit initiated.
In these circumstances, the legal proceedings in progress, which fall within the second category, now apply only to properties of a total area of about 351,000 jugars.
Article 13.
Of this total of about 351,000 cadastral jugars, the Czechoslovak Government, in application of its agrarian law, has released or will release to the benefit of the owners at present claimants, a minimum of 100,000 cadastral jugars.
It is specified that in the calculation of this area, where properties are held in joint ownership, only the proportion to which the claimant is entitled is counted.
When an owner has been authorised to sell his property, the portion of his land which was to be released will count towards the 100,000 jugars to be released.
When, however, an owner is obliged by the Czechoslovak authorities to sell lands to third persons, these lands shall not count towards the 100,000 jugars, such sales being considered as aquivalent to expropriation.
Areas of land which the Czechoslovak authorities have offered to release to a claimant count, if, by way of exception, the said claimant abandons them of his own free will.
Similarly, in any case in which the Mixed Arbitral Tribunal establishes that the claimant in question is not a qualified Hungarian national, or where it decides that there is no jurisdiction or dismisses the claims or again where the claimant abandons the proceedings, the lands released must be included in the calculation of the 100,000 cadastral jugars.
Article 14.
Czechoslovakia has paid, or will pay directly to the owners who are claimants, the indemnities due by vitrue of the local legislation. The use of these indemnities in discharge of the debts and public liabilities due by the owner, according to local legislation, shall be considered as a direct payment.
The sums paid to these entitled shall be considered as paid to the Agrarian Fund and shall, for each person entitled, go to reduce the sums which the Fund would have to pay to him.
If an owner does not accept the payment, the sums shall be paid directly to the Fund.
Article 15.
In regard to Czechoslovakia, it is understood that the capital of the Fund shall be reduced as indicated below
1. In the case of each cadastral jugar released in excess to the figure of 100,000 cadastral jugars fixed in Article 13 above, the capital of the Fund shall be reduced by 226 gold crowns per jugar thus released in excess;
2. in the case of properties (second category) in regard to which legal proceedings cease as a result of a settlement or because they are abandoned, or in which the Tribunal declares that it has no jurisdiction, or dismisses the claim, the capital of the Fund shall be reduced by 226 gold crowns per jugar not released.
When the capital of the Fund is thus reduced, the difference between the average price of 226 gold crowns and the average indemnity, calculated for the purpose of the present Article at 100 gold crowns per cadastral jugar, shall be transferred from Fund A to Fund B (Czechoslovak Section).
Nevertheless, this figure of 226 gold crowns may be corrected by the Managing Commission of the Fund to take account of the quality of the lands released.
Article 16.
Particulars of the lands released within the meaning, of the preceding Articles shall be notified to the Fund by the Czechoslovak Government together with the total of the sums assigned to the owners in application of the agrarian legislation. The notification shall mention the sums deducted under the heading of public liabilities and debts paid, according to local legislation, all these amounts having been paid on account of the owner.
Article 17.
A detailed examination of the properties forming the subject of the agrarian reform in Czechoslovakia has shown that the Government of that country, in continuing to apply the agrarian reform, is about to proceed to a certain number of expropriations of lands belonging to owners who state that they are of Hungarian nationality or who are presumed to be so. A list exchanged between the Governments concerned contains the names of these 146 owners.
The Czechoslovak Government, while entering reservations as to the nationality of these possible claimants (entitled the 3rd category) has stated that in the case of a large number of the lands belonging to these owners there had been a final settlement or that their claims were out of time. In regard to the rest of these lands, it has also stated that in continuing the application of the agrarian reform to this category, it would not retain more than a total area not exceeding 25,000 jugars.
Article 18.
Among all the owners affected by the agrarian legislation who do not fall within one of the three categories referred to above, there may, contrary to expectation, be certain owners not at present considered as Hungarian nationals who might claim such nationality (4th category).
The Czechoslovak Government has stated that the area of land which it might thus retain, apart from cases in which there has been a final settlement or those where the claims were out of time, would not exceed a total of 25,000 jugars.
Article 19.
The Czechoslovak Government shall take the necessary steps to have the notifications provided for in Article 15 of Agreement II of even date made to the owners before 30th June 1932.
Article 20.
In order to achieve the appeasement which all desire, the two Powers, France and Italy, have agreed to intervene financially by means of a total annuity not exceeding 326,000 gold crowns from 1933 to 1943 inclusive and 545,291 gold crowns from 1944 to 1966 inclusive which, with the indemnities paid by Czechoslovakia according to the local legislation for expropriated lands referred to in Articles 17 and 18 above, will constitute a special section of the Agrarian Fund to be entitled "Special Reserve".
Its object is to enable the Agrarian Fund to meet obligations resulting from lawsuits corresponding to the 3rd and 4th categories mentioned in Articles 17 and 18 above.
The conditions for the employment of this annuity have formed the subject of an agreement between the two Powers, France and Italy, and Hungary, which agreement provides, in particular, that any savings on this special reserve shall not be paid to Fund B, but shall go to reduce the annuity fixed above.
In the conditions of the present Agreement and as a result of the formation of this special reserve and of Articles 11 to 19 above, no valid claim by Hungarian nationals regarding the application of the agrarian legislation in Czechoslovakia can be made except against the Agrarian Fund, the Czechoslovak Government being freed from all responsibility.
Article 21.
The transfers from Fund A to Fund B referred to in Articles 10 and 15 shall be made not in capital but by means of the transfer of the corresponding annuities.
Article 22.
In the event of any difference as to the interpretation or application of the present Agreement, and failing agreement between the parties interested on the choice of a single arbitrator, any State interested shall be entitled to address itself, by written application, to the Permanent Court of International Justice.
Done at Paris in a single copy, the 28th day of April 1930.
LOUCHEUR
For Mr. BENEŠ: IBL
ROBERT PERIER
W. A. C. GOODCHILD
W. A. C. G.OODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
PHILIPPE ROY
D. CAVADIAS
KORANYI
IGINO BROCCHI
J. MROZOWSKI
TOMAZ FERNANDES
M. SPALAIKOVITCH
N. TITULESCU.
Annex A to Agreement No. III.
MEMORANDUM BY THE HUNGARIAN DELEGATION SUBMITTED AT
THE HAGUE CONFERENCE
(Second Commission: Non-German Reparations).
The Hungarian Delegation desires to facilitate in the manner herein set forth the task of calculating the necessary sum for the maximum limit of the liabilities of the "Special Fund".
With this end in view, the Hungarian Delegation thinks that it may indicate the figures mentioned below. In so far as Roumania is concerned, these figures are exact, the date on the basis of which they were calculated having been the result of a long and thorough study, undertaken conjointly by the Hungarian and Roumanian Delegations during the negotiations that were opened in order to secure an amicable agreement. In the case of Jugoslavia, they are less exact, since the number of jugars expropriated is known only through the claims that have been laid before the Mixed Arbitral Tribunal. It may, however, be assumed, judging by the Jugoslav regulations on agrarian reform, and judging also by the definite facts that are known, that the properties in question were expropriated almost in their entirety. The least exact figures are those relating to Czechoslovakia, since the agrarian reform laws of this State in no case require complete expropriation of the real property, but allow of the retention by their former owners of areas of varying extent, these areas having not yet been definitely fixed in the individual cases.
Roumania. In the case of the law suits of the Hungarian nationals, in regard to which the above mentioned negotiations took place, it was ascertained, by means of conversations and exchange of documents that 578,556 cadastral jugars have been expropriated and that 50,259 cadastral jugars have been left to the owners in question. The Hungarian Government would be prepared to accept, as a final indemnity for the 578,556 cadastral jugars expropriated, the very small sum of 130 million gold crowns, in which no account is taken of the actual value nor of the loss of enjoyment over a period of almost ten years the same sum that, inspired by a conciliatory spirit, it was prepared to accept in the above mentioned negotiations. This represents 225 gold crowns per cadastral jugar. This sum, as also all those that follow, are to be understood, of course, as present values.
Jugoslavia. The law suits now in course relate to approximately 150,000 expropriated cadastral jugars. The Hungarian Delegation believes that 80 million gold crowns would be enough to induce the Hungarian nationals to withdraw their claims, and that this amount might also be fixed as the limit for the liabilities for the "Special Fund". This sum represents an indemnity of approximately 500 gold crowns per jugar. It does not cover either actual damages nor the loss of enjoyment, which the claimants are prepared to leave out of acount. Since the lands in question are very good, the estimate of 500 gold crowns remains far below their real value.
Czechoslovakia. The claims relate to approximately 500,000 cadastral jugars. In mentioning these areas, however, it must be explained that they include, not only parcels of land already expropriated, but also parcels that are still threatened by possible expropriation in accordance with the law, and which in any case may not be disposed of, this prohibition affecting practically the entire property. Giving very approximative figures, between 50 and 75% of the total area has already been expropriated. Assuming that the remaining 50 to 25% will not be expropriated, but may be retained in kind by its owners, an arrangement which in view of the general practice in the matter of expropriation may be hoped for and which would be quite possible under Czechoslovak law, 100 million gold crowns would be approximately enough to indemnify - on a low scale - the Hungarian claimants for the lands that have already been expropriated. Such an indemnity would represent approximately an indemnity of 2,000 Czechoslovak crowns per cadastral jugar, an assessment that is fairly frequent in the course of the application of the agrarian reform law itself, the amount in this latter case being approximately 292 gold crowns per cadastral jugar. In this sum also, no account is taken of the actual damages, which were not very great in Czechoslovakia, nor of the loss of enjoyment, the duration of which is now longer, nor of the tax upon capital (in so far as it is already definitively paid), which is very heavy. It is, however, a reduced indemnity. It is a larger one than the 225 gold crowns which Roumania accepted, this slight difference being due to the fact that, on the average, the lands in Czechoslovakia, although not so good as those in Jugoslavia, are better than those in Transylvania.
The indemnities that have actually been paid in accordance with the local law, for the expropriated parcels of land, must, of course, be subtracted from the amounts of the indemnities given above.
RIDER TO THE AGREEMENTS SIGNED THIS DAY.
The Representatives of the Government of His Majesty the King of the Belgians, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Canada, the Government of the Commonwealth of Australia, the Government of New Zealand, the Government of the Union of South Africa, the Government of India, the Government of the French Republic, the Government of the Greek Republic, the Government of His Majesty the King of Italy, the Government of His Majesty the Emperor of Japan, the Government of the Republic of Poland, the Government of the Republic of Portugal, the Government of His Majesty the King of Roumania, the Government of the Czechoslovak Republic, the Government of His Majesty the King of Jugoslavia,
have agreed as follows:
SOLE ARTICLE.
The 13,500,000 gold crowns to be paid by Hungary from 1st January 1944 up to the end of 1966 shall be distributed as follows:
1. 6,100,000 gold crowns to the Agrarian Fund as provided for in Article II of Agreement III signed this day,
2. 7,400,000 gold crowns to Fund "B" as provided for in Article IV of the Agreement IV signed this day.
Paris, the 28th April 1930.
LOUCHEUR
IGINO BROCCHI
For Mr. BENEŠ: IBL
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
PHILIPPE ROY
D. CAVADIAS
N. TITULESCU
J. MROZOWSKI
T. FERNANDES
ROBERT PERIER
M. SPALAIKOVITCH.
AGREEMENT NO. IV.
AGREEMENT BETWEEN FRANCE, GREAT BRITAIN, ITALY,
CZECHOSLOVAKIA, JUGOSLAVIA AND ROUMANIA CONCERNING THE
CONSTITUTION OF A SPECIAL FUND ENTITLED "FUND B".
By an agreement of even date with the Hungarian Government the questions relating to the agrarian reforms have been settled.
Nevertheless, there remain outstanding between certain Hungarian nationals and the three Governments of Czechoslovakia, Jugoslavia and Roumania important differences concerning the application of Articles 63, 191 and 250 of the Treaty of Trianon. France, Great Britain and Italy, being desirous, in the interests of peace and friendship, to further the settlement of these differences, have agreed to intervene as set forth hereafter:
I.
A Fund shall be created the nominal capital of which shall be 100,000,000 gold crowns. This Fund shall be constituted as an autonomous entity with legal personality.
II.
The Fund shall be constituted by means of annuities as defined hereafter, calculated on the following basis:
1. As from 1st January 1931 to 31st December 1943, interest at 317o, or 3,000,000 gold crowns per annum.
2. As from 1st January 1944, interest at 5% per annum with sinking fund calculated up to 31st December 1966, or 7,400,000 gold crowns per annum.
III.
For the first thirteen years from 1931 to 1943 the 3,000,000 gold crowns required shall be paid as follows:
20%, or 600,000 gold crowns by Great Britain,
40%, or 1,200,000 gold crowns by France,
40%, or 1,200,000 gold crowns by Italy,
up to the limit of the requirements of the Fund as set forth hereafter.
These sums shall be paid in two equal instalments on 1st July and 1st January of each year, the first instalment falling due on 1st July 1931 and the last on 1st January 1944.
It is understood that the three Powers shall in no case be called upon to make payments in excess of those indicated above.
IV.
During each of the twenty-three years from 1944 to 1966 the payments to be made to the Fund shall amount to 7,400,000 gold crowns per annum. They shall be transferred from the sum of 13,500,000 gold crowns which Hungary has undertaken to pay during twenty-three years as from 1944 in respect of special claims.
V.
The Fund may issue bonds or proceed to any credit or discount operation on the basis of the above payments.
The bonds shall be of the type corresponding to the interest and sinking fund conditions provided for in Article II above.
Nevertheless, Czechoslovakia, Jugoslavia and Roumania may jointly request that the securities issued bear interest at the uniform rate of 4% per annum during the whole of the period from 1st January 1931 to 1st January 1967, and that they be redeemable as from 1st January 1944 to 1st January 1967, the annuity for interest and sinking fund remaining constant during this latter period. The Managing Committee shall give effect to this request if the Powers concerned guarantee the 1 % supplementary interest on these securities during the period between 1st January 1931 and 31st December 1943, and agree to consider themselves repaid by the interest at 1% available on the same securities during the period between 1st January 1944 and 1st January 1967.
VI.
The provisions of Article 8 of Agreement No. III concerning the mobilisation of Fund A apply also to Fund B so as to provide for the mobilisation of the latter Fund under the same conditions.
At whatever period the payments are made they shall be increased by interest at the rates provided for above, as from 1931, or the bonds shall be delivered with all their coupons attached from the beginning.
The division of the Fund between Czechoslovakia, Jugoslavia and Roumania shall be effected in accordance with an agreement to be arrived at between these three Powers.
The sentences pronounced by the Mixed Arbitral Tribunals in favour of Hungarian nationals and the agreed settlements arrived at with those nationals shall be immediately notified by the Power concerned to the Managing Committee of the Fund.
The Managing Committee shall pay the indemnities awarded by the said sentences or resulting from the said settlements within the limits of the share due to each Power.
Payment shall be made to the Power concerned on presentation of an authenticated copy of the sentence or of the settlement. Payment shall be made in bonds issued by the Fund at their nominal value. Nevertheless, if the bonds have been partially or entirely mobilised, payment in cash shall take the place of payment in bonds, within the limits of the cash resources available. These cash payments shall be made proportionately to the share of each of the three States as stated in the second paragraph of the present Article. Within six months of each payment made to it the Power concerned shall transmit to the Managing Committee proof of the payment made by that Power.
VII.
If the Fund receives a surplus from the Agrarian Fund in the circumstances provided for in Agreement No. III the capital of the Fund shall be increased by the amount received and -the increased capital shall be distributed between the three Powers concerned, in accordance with the provisions agreed upon between them.
VIII.
Any saving realised by the Fund after meeting its obligations shall be distributed between France, Great Britain and Italy proportionately to their contributions.
IX.
The Fund shall be managed by a Managing Committee consisting of six members appointed respectively by the Governments of France, Great Britain, Italy, Czechoslovakia, Jugoslavia and Roumania.
The Managing Committee shall elect its Chairman and shall draw up regulations for the organisation and working of the Fund.
X.
All working expenses of the Fund shall be a charge upon the Fund.
XI.
In the event of any difference as to the interpretation or application of the present agreement the question shall be referred to an arbitrator chosen by the unanimous decision of the Managing Committee, or in default thereof to three arbitrators appointed, one by the majority, another by the minority of the Managing Committee, and the third by the President of the Permanent Court of International Justice.
Done in a single copy at Paris, the 28th of April, 1930.
LOUCHEUR
IGINO BROCCHI
For Mr. BENEŠ: IBL
N. TITULESCU
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
PHILIPPE ROY
M. SPALAIKOVITCH.
The duly authorised Representatives of the Government of His Majesty the King of the Belgians, the Government of the United. Kingdom of Great Britain and Northern Ireland, the Government of Canada, the Government of the Commonwealth of Australia, the Government of New Zealand, the Government of the Union of South Africa, the Government of India, the Government of the French Republic, the Government of the Greek Republic, the Government of the Kingdom of Hungary, the Government of His Majesty the King of Italy, the Government of His Majesty the Emperor of Japan, the Government of the Republic of Portugal, the Government of His Majesty the King of Roumania, the Government of the Czechoslovak Republic, the Government of His Majesty the King of Jugoslavia,
at the moment of signing the final texts of the Agreements concerning:
1. the arrangements between Hungary and the Creditor Powers;
2. the settlement of questions relating to the agrarian reforms and Mixed Arbitral Tribunals;
3. the organisation and working of an Agrarian Fund entitled "Fund A";
4. the Agreement between France, Great Britain, Italy, Czechoslovakia, Jugoslavia and Roumania, concerning the constitution of a Fund entitled "Fund B";
5. the preamble to the Agreements relating to the obligations resulting from the Treaty of Trianon
initialled at The Hague on 20th January 1930, made the following declaration on behalf of their Governments:
DECLARATION.
1. The text of the Agreements initialled at The Hague on 20th January 1930, finally settled by the Drafting Committee under the Chairmanship of M. Louis LOUCHEUR and signed this day in Paris, is known to the above-mentioned Governments;
2. The Governments concerned have already given their approval to the Agreements in question; the latter will therefore, where necessary, be submitted without delay for ratification in the form prescribed by the laws of the countries concerned.
Paris, the 28th day of April 1930.
IGINO BROCCHI
KORANYI
For Mr. BENEŠ: IBL
TOMAZ FERNANDES
ROBERT PERIER
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
W. A. C. GOODCHILD
PHILIPPE ROY.
OBSAH
1. Úvod
2. Dohoda I. o ujednaních mezi Maďarskem a věřitelskými mocnostmi
3. Dohoda.II. o úpravě otázek vztahujících se na pozemkové reformy a smíšené soudy rozhodčí
4. Dohoda III. o organisaci a činnosti agrarního Fondu nazvaného "Fond A"
A) Pamětní spis maďarské delegace předložený konferenci v Haagu
B) Dodatek k Dohodám o rozdělení 13,500.000 zlatých korun, jež ma platiti
Maďarsko po r. 1943
5. Dohoda IV. Dohoda mezi Francií, Velkou Britanií, Italií, Rumunskem, Československem a jugoslavií o zřízení "Fondu B"
6. Prohlášení.
7. Dohoda o rozdělení "Fondu B"
8. Protokol
9. Preambule
10. Accord I concernant les Arrangements entre la Hongrie et les Puissances
créancières
11. Accord II. Règlement des questions relatives aux Réformes Agraires et
aux Tribunaux Arbitraux Mixtes
12. Accord III concernant 1'organisation et le Fonctionnement d'un Fonds
Agraire, dit < Fonds >
A) Mémoire de la Délégation Hongroise depose à la Conférence de La
Haye
B) Avenant aux Accords signés 28 avril 1930 concernant le réparation du
13.500.000 couronnes-or à payer par la Hongrie
13. Accord IV entre la France, la Grande-Bretagne, 1'Italie, la Roumanie, la
Tchécoslovaquie et la Yougoslavie relatif à la constitution d'un Fond
special dit < Fonds B >
14. Déclaration
15. Accord concernant la réparation du Fonds B
16. Protocole
17. Preamble
18. Agreement No. I concerning the arrangements between Hungary and the Creditor Powers
19. Agreement No. II concerning the settlement of questions relating to the agrarian reforms and Mixed Arbitral Tribunals
20. Agreement No. III concerning the organisation and working of an Agrarian Fund entitled "Fund A."
A) Memorandum by the Hungarian Delegation submitted to The Hague Conference
B) Rider to the Agreements
21. Agreement No. IV. - Agreement between France, Great Britain, Italy,
Czechoslovakia, Jugoslavia and Roumania concerning the constitution of a special Fund entitled "Fund B."
22. Declaration