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Executive Agreement between the Government of Canada and the Government of the Kingdom of the Netherlands supplementary to the Exchange of Letters between the two countries, signed on April 10, 1952, constituting an Agreement to Safeguard the Rights of Bona Fide Holders of Bonds of Canada that have been reported by their Netherlands Owners as Lost or Stolen during World War II [1963] CATSer 1 (8 February 1963)

E101393 - CTS 1963 No. 1

EXECUTIVE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS SUPPLEMENTARY TO THE EXCHANGE OF LETTERS BETWEEN THE TWO COUNTRIES, SIGNED ON APRIL 10, 1952, CONSTITUTING AN AGREEMENT TO SAFEGUARD THE RIGHTS OF BONA FIDE HOLDERS OF BONDS OF CANADA THAT HAVE BEEN REPORTED BY THEIR NETHERLANDS OWNERS AS LOST OR STOLEN DURING WORLD WAR II

The Government of Canada and the Government of the Kingdom of the Netherlands, desiring to conclude an Agreement to further the implementation of the Agreement constituted by the Exchange of Letters between the two countries, signed on April 10, 1952, to safeguard the rights of bona fide holders of bonds of Canada that have been reported by their Netherlands owners as lost or stolen during World War II, agree as follows:

This Agreement which shall take effect from this date shall apply in the following terms to those bonds listed in the Schedule to the Letter of the Minister of Finance of Canada of April 10, 1952 that are set out in the Schedule to this Agreement (hereinafter referred to as the "Schedule"):

1. The duplicate bonds specified in Part III of the Schedule issued in respect of the bonds specified in Part I of the Schedule and the proceeds of redemption of bonds specified in Part II of the Schedule, which duplicate bonds and proceeds of redemption are held in the custody of the Bank of Canada for the Government of The Netherlands for the benefit of the true owners of the original bonds, shall be transferred by the Bank of Canada into the custody of the Government of The Netherlands for the benefit of the true owners of the original bonds.

2. The duplicate bonds are issued without coupons and any interest payable on coupons maturing on or before September 15, 1966 shall be paid only upon presentation of coupons belonging to the original bonds.

3. The Government of The Netherlands shall attempt to find the original bonds specified in Parts I and II of the Schedule and, except to the extent that the Bank of Canada otherwise specifies, the Government of The Netherlands shall give to the Bank of Canada any information it receives concerning the loss, theft or destruction of each bond, the whereabouts of each bond and the facts relied upon by all claimants to ownership of each bond.

4. If any such original bond comes into the possession, ownership or control of the Government of The Netherlands, the Government of Canada or the Bank of Canada, the Government of The Netherlands shall deliver or cause to be delivered to the Bank of Canada the corresponding duplicate bond for cancellation by the Bank of Canada and, where applicable, the original bond, and the Bank of Canada shall cancel or otherwise deal with such duplicate bonds or original bonds as it sees fit.

5. The Government of The Netherlands shall, upon the transfer of duplicate bonds and redemption proceeds described in Clause 1 hereof, give an undertaking to the Bank of Canada in the following terms:

The Government of The Netherlands shall indemnify and save harmless the Government of Canada and the Bank of Canada against and from all loss, costs, damages, expenses, legal fees and claims, whether litigated or not, that may result directly or indirectly from the issue or delivery of duplicate bonds or with respect to bonds exchanged therefor or with respect to delivery or payment of redemption proceeds, or any subsequent transactions or payments relating to or induced by the existence of the duplicate bonds or the delivery or payment of the redemption proceeds.

IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this Agreement and have affixed thereto their seals.

DONE, in duplicate, this eighth day of February nineteen hundred and sixty-three at Ottawa.

George Nowlan

FOR THE GOVERNMENT OF CANADA

Antonius H. J. Lovink

FOR THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS

SCHEDULE

I. Bonds of Canada for which duplicates have been issued.

II. Bonds of Canada that have matured or been called for redemption and whose proceeds have been paid into a Special Account in the Bank of Canada.

III. Duplicate bonds of Canada issued in replacement of bonds listed in Part I of this Schedule.