Notawisseling tussen de Nederlandse Regering en de Regering van de Verenigde Staten van Amerika betreffende de regeling van het vrijgeven van Nederlandse activa in de Verenigde Staten van Amerika
MINISTERIE VAN FINANCIËN.
's-Gravenhage, January 22nd, 1946.
The Hon. Fred. M. Vinson,
Secretary of the Treasury.
My dear Mr. Secretary,
In recent discussions held between representatives of my Department and members of the United States Treasury, it was indicated that your Department is now prepared to institute a procedure for the release of Netherlands assets now blocked under Executive Order No. 8389 and the U.S. Trading with the Enemy Act of 1917 as amended.
I am grateful for the prompt action of the United States Government in blocking Netherlands assets on 10th May 1940, and the ensuing practice of foreign funds control, which has fitted remarkably well in the principles and aims of the Joint Declaration of 5th January 1943, of which, as you will recall, the Netherlands Government, then in London, was one of the originators, and the terms of Resolution VI of the United Nations Monetary and Financial Conference, held in Bretton Woods. The principles underlying this resolution have since been given effect in the Netherlands legislation now in force.
I have studied general license No. 95 of your Department which it has been suggested might be made applicable to the Netherlands. After consultation with my colleagues I confirm in this connection my agreement on the following points:
The competent Netherlands authorities will assume the responsibility for carrying out the procedure of certification provided for by the license. No property will be certified until the Netherlands Government has ascertained by appropriate investigation, that the property is not excluded from the benefits of the License. It is understood that operating problems which may arise under the arrangement set out in this letter may from time to time be reviewed by our two Departments with a view to arriving at mutually satisfactory solutions and ensuring the smooth operation of the procedure. Moreover in regard to accounts which may from time to time be specifically indicated by the United States Treasury, consultations with your Department will be held prior to making the certification provided for in the proposed general license.
It is understood that within the framework of the general license no certifications will be issued which:
would facilitate the completion of transactions which might further the interests of an enemy or of persons acting upon behalf of an enemy.
would change the status quo of blocked property in the United States in which an enemy has an interest, direct or indirect. If property in which there is an enemy interest is transformed under the license inadvertently or by mistake, your Department will be consulted and, at its request, appropriate measures will be taken to ensure that such property or its equivalent will be restored to the account in which it was held before being transferred, or to such other accounts as you may designate, but only to the extent to which such property or its equivalent may be found among the assets of the first acquirer of the original owner.
As to the property of any partnership, association, corporation or any other organization, established in accordance with the laws of the Netherlands, which, by reason of the interests of persons not resident in the Netherlands, is also a national of another country designated in the freezing order, within the meaning of the general license No. 95, no certification will be made untill full assurances have first been obtained from the Government of the other country to the specific effect that no national of Germany, Japan, Bulgaria, Hungary or Rumania is involved in the ownership or control of such interests. For reasons of simplification, however, the Netherlands authorities may, on their own responsibility, certify property of any organization in which the proportion of such interests is less than twenty-five percent.
With respect to any property not covered by the preceding paragraph in which any other country specified in general license No. 95 or any national thereof has an interest my Government will not certify until full assurances have been obtained from the other Government that such interest itself is entitled to certification under the license. It is understood, however, that it will not be necessary to obtain such assurances where the value of the property involved is less than $ 1000.
Our two Departments will make joint efforts with a view to investigating and controlling all German and other enemy assets both in the United States and in the Netherlands in order to deprive war criminals and potential leaders of the enemy underground of means of existing and of jeopardizing the peace. In particular, our two Departments will take all steps necessary to prevent the financial facilities which our two countries may grant each other from being utilized by any person subject to Netherlands or American jurisdiction in such manner as might allow enemies or their agents to conceal assets in the United States or in the Netherlands. Our two Departments will exchange all information required to carry out this task, and in particular the Netherlands Government, which has already undertaken a vigorous program to eliminate economic and financial enemy interests in the Netherlands, will keep yours fully informed with regard to property held in the United States under a Netherlands name when it has reason to believe that there is any enemy interest, direct or indirect, in such property. My Government will likewise furnish yours with all information concerning Netherlands instititions which hold in the United States property in which an enemy might have an interest. It is of course understood that your Department will make all information on this subject available to the Netherlands authorities concerned.
As a result of the protection accorded to Netherlands assets, and of other circumstance which arose during the war, American creditors have been temporarily deprived of certain means of action which normally would have been open to them to protect their interests.
The Netherlands Government proposes, in accordance with its longstanding practice, to allow debtors in the Netherlands to settle their indebtedness to United States Government agencies, individuals or firms and to provide within the limits of its resources the foreign exchange necessary to that end.
Concerning the transfer of funds from the Netherlands to the United States it is the intention of my Government to liberalize control restrictions to the fullest extent that the foreign exchange position of each part of the Kingdom will permit. In this connection the competent Netherlands authorities will authorize all payments for the purpose of duly authorized current business or commercial transactions including balances emanating from said sources which have accrued during the war.
The competent Netherlands authorities, moreover, will examine carefully requests for transfers of capital from the Netherlands to the United States when transfers of that type might serve useful economic or commercial purpose, and where transfers of small amounts are of substantial importance to the interested parties. They will examine in the same spirit requests for transfers of funds to the United States filed by American nationals residing in the Netherlands.
Your Government will be aware that immediately upon the liberation of the Netherlands, the measures of control over foreign property instituted by the enemy were abrogated. Custodians over foreign property are now acting only if and in so far as the original owners are incapable of acting themselves. An administrative procedure is now established whereby such absent owners can at their request be reinstated in their rights.
My Government has not imposed restrictions on the assets of nationals of the United States for the purpose of controlling property in which an enemy interest might exist, except in particular cases in which my Government has reason to believe that control is necessary to prevent the transfer of property in which any enemy has an interest or to avoid the completion of transactions which might be directly or indirectly to the benefit of any enemy.
Property in the Netherlands of nationals of the United States will be treated on as favourable a basis as applied now or hereafter to nationals of any other country.
Accept, my dear Mr. Secretary, the expression of my high esteem,
Minister of Finance.
THE SECRETARY OF THE TREASURY WASHINGTON
Washington, February 11, 1946.
My dear Mr. Minister,
I am pleased to have received the assurances contained in your letter of January 22, 1946, concerning the general licence which representatives of our two Departments have been discussing. In view of the statements contained in your letter, I am happy to inform you that on February 13, 1946, by amendment to General Licence No. 95, the Netherlands will be added to the countries covered by that licence. Enclosed for your information are a copy of the license and of the amendment thereto.
FRED. M. VINSON,
Secretary of the Treasury.
Minister of Finance
Ministry of Finance
The Hague, The Netherlands.
Foreign Funds Control
December 7,1945GENERAL LICENSE NO. 94 UNDER EXECUTIVE ORDER NO. 8389, AS AMENDED, EXECUTIVE ORDER NO. 9193, AS AMENDED, SECTION 5 (b) OF THE TRADING WITH THE ENEMY ACT, AS AMENDED BY THE FIRST WAR POWERS ACT, 1941, RELATING TO FOREIGN FUNDS CONTROL.
Certain Countries Generally Licensed
Blocked countries generally licensed subject to certain conditions. A general license is hereby granted licensing all blocked countries and nationals thereof (excepting the following countries and nationals thereof: 1. Germany and Japan, 2. Portugal, Spain, Sweden, Switzerland, Liechtenstein and Tangier) to be regarded as if such countries were not foreign countries designated in the Order, provided that
any property in which on the effective date hereof any of the following (including countries licensed hereby) or person therein; or 2. any other partnership, association, corporation, or other organization, which was a national of a blocked country (including countries licensed hereby) by reason of the interest of any such country or person therein; or
any income from such property accruing on or after the effective date hereof
shall continue to be regarded as property in which a blocked country or national thereof has an interest and no payment, transfer, or withdrawal or other dealing with respect to such property shall be effected under, or be deemed to be authorized by, this paragraph.
Transactions under other licenses authorized without regard to certain restrictions. With respect to property subject to the proviso of paragraph 1, any transaction not involving any excepted country or national thereof which is authorized under any license (other than General Licenses Nos. 1, 1A, 4, 27, 30A, 58 and 75 or any other license to the extent that it merely authorizes transfers between blocked accounts of the same person or changes in the form of property held in a blocked account) may be effected without regard to any terms of such license relating to the method of effecting such transaction.
Certain other transactions authorized. This license also authorizes any transaction which could be effected under General License No. 53 if the countries licensed hereby were members of the generally licensed trade area, provided that this paragraph shall not be deemed to authorize any payment, transfer, or withdrawal, or other dealing, with respect to any property which is subject to the proviso of paragraph 1.
Application of license to nationals of countries licensed hereby who are also nationals of excepted countries. Paragraphs 1 and 2 shall not apply with respect to any national of a country licensed hereby who is also a national of any excepted, country, provided, however, that for the purpose only of this license the following shall be deemed not be nationals of an excepted country:
Any individual residing in a country licensed hereby, except any citizen or subject of Germany or Japan who at any time on or since December 7, 1941 has been within the territory of either such country or within any other territory while it was designated as „enemy territory” under General Ruling No. 11;
Any partnership, assocation, corporation, or other organization, organized under the laws of a country licensed hereby, unless it is a national of Germany or Japan.
Definition. As used in this license, the term „excepted country” shall mean any country excepted in paragraph 1.
Effective date. The effective date of this general license shall be December 7, 1945, except that it shall be October 5, 1945 as to France and November 20, 1945 as to Belgium.
FRED. M. VINSON,
Secretary of the Treasury.