Overeenkomst tussen de Noorse Regering en de Nederlandse Regering betreffende schadeloosstelling voor: 1. bepaalde Noorse obligaties, door Nederlandse eigenaars tijdens de Tweede Wereldoorlog verloren; 2. oorlogsschade, toegebracht aan het Scandinavisch Zeemanshuis te Rotterdam
The Royal Netherlands Government and the Royal Norwegian Government,
Desiring to settle the claims of the Netherlands Government regarding certain bonds lost by Netherlands owners during the Second World War as well as the claim for the compensation of war damage to the Scandinavian Seamen's Home in Rotterdam;
As the Government of the Netherlands has informed the Government of Norway that Netherlands citizens domiciled in the Netherlands during the Second World War have lost certain Norwegian securities partly as a result of war operations and conditions during the occupation, and partly as a result of the fact that the securities were stolen from them by the occupying power, the Norwegian Government has arrived at the conclusion that it should compensate these Netherlands subjects for the loss, through no fault of their own, of their bonds in Norwegian state loans in accordance with the regulations contained in the present Agreement and Annex 1 hereto.
The Norwegian Government has communicated with Norges Kommunalbank (Municipal Bank), Akershus County, the Oslo Municipal Authorities, the Bergen Municipal Authorities, the Fredrikstad Municipal Authorities, Norsk Hydro-Elektrisk Kvaelstofaktieselskab and Kristiania Hypotek- og Realkreditbank, who have stated their willingness to compensate Netherlands subjects for the loss of bonds issued by these institutions, in accordance with the regulations contained in this Agreement and Annex 2 hereto.
Details of those bonds covered by the present Agreement are contained in Annexes 1 and 2 to the present Agreement. The Annexes shall be regarded as forming an integral part of the present Agreement.
The following procedure shall be followed when applying for compensation:
The owner of a lost bond shall notify the loss, through the appropriate Netherlands authorities, to the following Norwegian institutions:
The Ministry of Commerce, Foreign Loans Division, in the case of Norwegian state bonds issued in foreign currencies,
Norges Kommunalbank, in the case of bonds issued by this bank,
Akershus Elektrisitetsverk, in the case of bonds issued by Akershus Country,
The Principal of the Finance Department of the Oslo Municipal Authorities, in the case of bonds issued by the Oslo Municipal Authorities,
The Municipal Treasurer of Bergen, in the case of a bond issued by the Bergen Municipal Authorities,
Fredrikstad og Omegns Bank A/S, in the case of bonds issued by the Fredrikstad Municipal Authorities,
Norsk Hydro-Elektrisk Kvaelstofaktieselskab, in the case of bonds issued by this company,
Kristiania Hypotek- og Realkreditbank, Oslo, in the case of bonds issued by this bank.
The notification shall contain information regarding:
the loan in question - rate of interest, year, series,
whether the loss relates to the actual bond, to the coupons or to both,
the bond's letter, number and face value,
which coupon sheet and coupon periods are lost,
who the owner was as per 9th September, 1945, and his name and address. If the present owner is not the same as the owner on 9th September, 1945, the present owner's name and address shall also be stated,
proof of the fact that the applicant, or the person from whom he has acquired his right, was the owner of the bond when it was lost, e.g. attestation from an authority of assessment, bank, probate court notary public,
when and how the bond or coupons were stolen, destroyed or lost as a result of war operations or circumstances prevailing during the occupation,
if the bond has been registered in Norway by a Netherlands subject other than the one applying for compensation, and the bond has not already been redeemed, a declaration or a copy of the decision, whereby the person who has registered the bond has relinquished or has been deprived of any right to it, shall also be attached.
The appropriate Netherlands authority shall certify that the information contained in the notification is correct.
The representatives of the bond issuers (the debtors) mentioned under No. 1 shall decide in each individual case whether the information submitted gives sufficient proof that the claimant is entitled to submit the claim as the legitimate owner, and whether the bond has been lost in such a manner that the loss entitles him to compensation.
The Netherlands Government shall guarantee any loss which the Norwegian Government, Norges Kommunalbank, Akershus County, the Oslo Municipal Authorities, the Bergen Municipal Authorities, the Fredrikstad Municipal Authorities, Norsk Hydro-Elektrisk Kvaelstofaktieselskab or Kristiania Hypotek- og Realkreditbank might sustain as a result of payments of compensation without bonds and coupons being presented.
Those lost bonds and coupons for which compensation is paid shall remain blocked.
The Netherlands authorities shall be informed if any effort is made to present such securities for redemption, and redemption shall not take place until after the lapse of a reasonable period.
If, however, the bonds and coupons presented are redeemed, either as a result of an unintentional mistake on the part of an employee or fiscal agent or because the debtor, after considering all the circumstances, finds no reason for refusing redemption, the Netherlands Government shall on demand immediately compensate the debtor for all expenses involved in the payment. The parties agree that the Netherlands Government as the guarantor shall not be entitled to make any objection to the Norwegian debtor's appraisal as to whether payment was necessary in such cases.
The provisions regarding guarantee liability in cases where lost bonds and coupons are presented after compensation has been paid, shall also apply if a claim is submitted by a legitimate creditor who is unable to present the bond or coupon concerned.
The abovementioned instances of guarantee liability are not intended to be exhaustive but are mentioned as examples.
The Netherlands Government's guarantee shall apply until the bonds and the coupons which are covered by the present Agreement are prescribed according to the Norwegian legislation in force at any time. However, when the bonds have face values in several currencies or in a currency other than Norwegian crowns, the guarantee shall also apply until prescription has come into force in conformity with the general regulations which the debtor in question applies in relation to foreigners.
On the basis of the Netherlands „Wet op de Materiële Oorlogsschade” the Government of the Netherlands shall pay to the Society for Scandinavian Seamen's Homes in Foreign Ports a compensation of h.fl. 92,400.- for war damage to the Scandinavian Seamen's Home in Rotterdam. To this amount there will be added 4 % interest p.a. for the period June 1, 1940 to March 1, 1950 and 3½ % interest p.a. from March 1, 1950 till February 29, 1952, inclusive.
The present Agreement shall come into force on the date on which each Government shall receive from the other Government a Note in which it is stated, that the constitutional requirements for the entry into force of such Agreement have been fulfilled.
IN WITNESS WHEREOF the undersigned representatives, duly authorized to that effect, have signed the present Agreement.
DONE in duplicate at Oslo, on 30th June, 1958, in the English language.
For the Government of the Kingdom of the Netherlands:
(sd.) C. A. v. d. KLAAUW
For the Government of the Kingdom of Norway:
(sd.) HALVARD LANGE