Poniżej prezentujemy, zamieszczoną w Bundezgesetzblatt nr 5/1953, kopię porozumienia podpisanego w Luksemburgu 10 września 1952 roku między Niemcami (Republiką Federalną Niemiec) a państwem Izrael. Umowa została ratyfikowana przez Bundestag 20 marca 1953. Z treści porozumienia wynika, ze 23 organizacje żydowskie (będące stroną tej umowy i występujące pod nazwą the Conference on Jewish Material Claims against Germany) otrzymały już wtedy zapłatę (ówczesnych 450 milionów Deutsche Mark) za wszystkie aktywa pozostawione przez Żydów bezpotomnie na terytoriach okupowanych przez III Rzeszę (Protocol No. 2).
Załączamy również pełen tekst umowy poniżej (pdf). Załącznik do umowy znany jako Protocol No. 2, zawierający dwa bardzo istotne dla Polski sformułowania zacytowane poniżej. Protocol No. 2 znajduje się na stronach 60-63 w załączonym pliku pdf, lub na stronach 94-97, jeżeli patrzymy na numerację stron użytą w czasie publikacji dokumentu w Bundestagu (na górze po prawej stronie). Z zapisów umowy wynika, że sprawa aktywów pozostawionych bezpotomnie była już wtedy uregulowana prawnie.
Sformułowania ważne dla Polski w kontekście ustawy S.447 i aktywów pozostawionych bezpotomnie:
„The National Socialist regime of terror confiscated vast amounts of property and other assets from Jews in Germany and in territories formerly under German rule”;
„Considerable values, such as those spoliated in the occupied territories, cannot be returned, and that indemnification for many economic losses which have been suffered cannot be made because, as a result of the policy of extermination pursued by National-Socialism, claimants are no longer in existence”;
Pełen tekst Protocol No. 2
Protocol No. 2
Drawn up by Representatives of the Government of the Federal Republic of Germany and of the Conference on Jewish Material Claims against Germany consisting of the following Organizations:
Agudath Israel World Organization
Alliance Israelite Universelle
American Jewish Committee
American Jewish Congress
American Jewish Joint Distribution Committee
American Zionist Council
Anglo-Jewish Association
B’Nai Brith
Board of Deputies of British Jews
British Section, World Jewish Congress
Canadian Jewish Congress
Central British Fund
Conseil Representatif des Juifs de France
Council for the Protection of the Rights and Interests of Jews from Germany
Delegacion de Asociaciones Israelitas Argentinas (D.A.I.A)
Executive Council of Australian Jewry
Jewish Agency for Palestine
Jewish Labor Committee
Jewish War Veterans of the U.S.A.
South African Jewish Board of Deputies
Synagogue Council of America
World Jewish Congress
Zentralrat der Juden in Deutschland
The Government of the Federal Republic of Germany, of the one part, and the Conference on Jewish Material Claims against Germany, of the other part,
WHEREAS
The National Socialist regime of terror confiscated vast amounts of property and other assets from Jews in Germany and in territories formerly under German rule;
AND WHEREAS
Part of the material losses suffered by the persecutees of National-Socialism is being made good by means of international German legislation in the fields of restitution and indemnification and whereas an extension of this internal German legislation, in particular in the field of indemnification is intended;
AND WHEREAS
Considerable values, such as those spoliated in the occupied territories, cannot be returned, and that indemnification for many economic losses which have been suffered cannot be made because, as a result of the policy of extermination pursued by National-Socialism, claimants are no longer in existence;
AND WHEREAS
A considerable number of Jewish persecutees of National- Socialism are needy as a result of their persecution;
AND HAVING REGARD
To the statement made by the Federal Chancellor, Dr. Konrad Adenauer, in the Bundestag on September 27, 1951, and unanimously approved by that body;
AND HAVING REGARD
To the Agreement this day concluded between the State of Israel and the Federal Republic of Germany;
AND HAVING REGARD
To the fact that dully authorized representatives of the Government of the Federal Republic of Germany and the Conference on Jewish Material Claims against Germany have met at The Hague;
Have therefore this day concluded the following Agreement:
Article 1
In view of the considerations hereinbefore recited the Government of the Federal Republic of Germany hereby undertakes the obligation towards the Conference on Jewish Material Claims against Germany to enter, in the Agreement with the State of Israel, into a contractual undertaking to pay the sum of 450 million Deutsche Mark to the State of Israel for the benefit of the Conference on Jewish Material Claims against Germany.
Article 2
The Federal Republic of Germany will discharge their obligations undertaken for the benefit of the Conference on Jewish Material Claims against Germany, in the Agreement between the Federal Republic of Germany and the State of Israel, by payments made to State of Israel in accordance with Article 3 paragraph (c) of said Agreement. The amounts so paid and transmitted by the State of Israel to the Conference on Jewish Material Claims against Germany will be used for the relief, rehabilitation and resettlement of Jewish victims of National Socialist persecution, according to the urgency of their needs as determined by the Conference on Jewish Material Claims against Germany. Such amounts will, in principle, be used for the benefit of victims who at the time of the conclusion of the present Agreement were living outside of Israel.
Once a year the Conference on Jewish Material Claims against Germany will inform the Government of the Federal Republic of Germany of the amounts transmitted by Israel, of the amounts expended as well as of the manner in which such expenditure has been incurred. If, for any adequate reasons, the Conference on Jewish Material Claims against Germany has not spent the moneys it has received, it shall inform the Government of the Federal Republic of Germany of said reason or reasons.
The information herein referred to shall be supplied within one year from the end of the calendar year in which the relevant amount had to be transmitted to the Conference in pursuance of Article 3 paragraph (c) of the Agreement between the State of Israel and the Federal Republic of Germany.
The Conference on Jewish Material Claims against Germany undertakes to spend, not later than three months before the penultimate instalment payable to Israel falls due, all moneys referred to in Article 3 paragraph (c) of the Agreement between the State of Israel and the Federal Republic of Germany and which have been received seven months prior to the date on which the said penultimate instalment becomes due as aforesaid, and to inform the Government of the Federal Republic of Germany accordingly.
Article 3
The Conference on Jewish Material Claims against Germany shall be entitled, after prior notification to the Government of the Federal Republic of Germany, to assign its rights and obligations derived from the provisions of this Protocol and of the Agreement between the Federal Republic of Germany and the State of Israel to one or several Jewish organizations which are qualified to assume such rights and obligations.
Article 4
Disputes arising out of the interpretation and the application of Article 2 and 3 of this Protocol shall be decided in accordance with the provisions of Article 15 of the Agreement between the State of Israel and the Federal Republic of Germany, by the Arbitral Commission established by virtue of Article 14 of the said Agreement.
IN WITNESS WHEREOF the Chancellor and Minister for Foreign Affairs of the Federal Republic of Germany, of the one part, and the representative of the Conference on Jewish Material Claims against Germany, duly authorized thereto, of the other part, have signed this Protocol.
Done in Luxembourg this tenth day of September 1952, in the English and German language, each in two copies the text in both languages being equally authentic.
For the Government of the Federal Republic of Germany
signed:
Adenauer
For the Conference on Jewish Material Claims against Germany
signed:
Nahum Goldmann
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