Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Agreement between the Government of Canada and the Government of the Czechoslovak Socialist Republic relating to the settlement of Financial Matters [1973] CATSer 7 (22 June 1973)

E101366 - CTS 1973 No. 24

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE CZECHOSLOVAK SOCIALIST REPUBLIC RELATING TO THE SETTLEMENT OF FINANCIAL MATTERS

The Government of Canada and the Government of the Czechoslovak Socialist Republic, hereinafter referred to as the Government of Czechoslovakia, have agreed as follows:

ARTICLE I

The Government of Czechoslovakia shall pay to the Government of Canada the sum of $3,250,000 (three million two hundred and fifty thousand) Canadian dollars in full and final settlement of Canadian claims arising before the date of the coming into force of this Agreement against the Government of Czechoslovakia and Czechoslovak natural and juridical persons in respect of property, rights and interests in Czechoslovakia affected by Czechoslovak measures of nationalization, expropriation, taking under administration or any other similar legislative or administrative measures.

ARTICLE II

For the purpose of this Agreement "Canadian claims" shall mean:

(1) claims of natural persons who were Canadian citizens on the date of the coming into force of this Agreement and who were or whose legal predecessors were Canadian citizens on the date of the coming into force of the measures referred to in Article I or on the date on which the relevant measures were first applied to their property, rights or interests;

(2) claims of juridical persons which on the date of the coming into force of this Agreement were incorporated or constituted pursuant to the laws of Canada and who were, or whose legal predecessors were Canadian natural or juridical persons on the date of the coming into force of the measures referred to in Article I or on the date on which the relevant measures were first applied to the property, rights or interests.

ARTICLE III

Payment of the sum set out in Article I shall be made in seven equal annual instalments, the first to be made by the Government of Czechoslovakia within ninety (90) days from the date of coming into force of this Agreement and the remaining six equal instalments at intervals of twelve months from the date of the first payment.

ARTICLE IV

1. Payment in full of the sum set out in Article I shall discharge the Government of Czechoslovakia and Czechoslovak natural and juridical persons from obligations in respect of all matters covered by this Agreement; the Government of Canada will then consider as completely settled, all claims covered by this Agreement whether or not they have been brought to the attention of the Government of Czechoslovakia.

2. The Government of Canada shall not in future present to the Government of Czechoslovakia on behalf of Canadian natural or juridical persons any claim for which provision for settlement is made in this Agreement, nor will it support any such claim.

ARTICLE V

The distribution of the sum paid under Article I of this Agreement shall be at the exclusive discretion and within the exclusive competence of the Government of Canada.

ARTICLE VI

1. To assist the Government of Canada in distributing the sum to be paid under Article I of this Agreement, the Government of Czechoslovakia will, upon the request of the Government of Canada, provide such information and documentation as may be available to it with reference to the date of taking or to the date of transfer of property to the Czechoslovak State, the ownership and value of the property, rights or interests.

2. The Government of Canada will, with respect to each claim it finds valid, furnish to the Government of Czechoslovakia such original documents of title pertaining to the property nationalized or otherwise affected by Czechoslovakia as were used to establish the claim. If the payment of a claim found to be valid is not based on such documents, the Government of Canada will furnish to the Government of Czechoslovakia a release signed by the claimant. The Government of Canada shall deliver such documents and releases to the Government of Czechoslovakia as soon as practicable after the payment in full of the sum set out in Article I.

ARTICLE VII

This Agreement shall come into force on the date on which the Contracting Parties inform each other through an exchange of letters that this Agreement has been approved pursuant to their respective constitutional provisions.

IN WITNESS WHEREOF the respective Plenipotentiaries have signed the present Agreement and affixed thereto their seals.

DONE in duplicate at Ottawa this eighteenth day of April 1973, in the English, French and Czech languages, the three texts being equally authoritative.

Mitchell Sharp

FOR THE GOVERNMENT OF CANADA

Rudolf Rohlicek

FOR THE GOVERNMENT OF THE CZECHOSLOVAK SOCIALIST REPUBLIC