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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa
(1937)

Germany,   pp. 319-405 PDF (32.6 MB)


Page 350


FOREIGN RELATIONS, 1937, VOLUME II
contact with the American Agent in order to bring about the sub-
mission of joint claims for the making of awards by the Commission.
The German Government rather wishes to continue the cases pending
before the Commission in the status in which they were before the
beginning of the conversations at Munich.
  The German Government has found, to its surprise, that the Ameri-
can Agent has considered it proper to submit to the Commission the
documents that were exchanged at Munich and to propose that the
Commission make decisions against Germany on that ground. The
German Government calls attention to the fact that the Commission,
however, under its rules of procedure, to which reference was spe-
cifically made at Munich, cannot make a decision not based upon
examination of claims on their merits unless the Agents of both coun-
tries propose it, jointly. It is the business of the Commission to
examine the claims that are made on the basis of the Berlin Agree-
ment 38 with regard to the facts and to decide on them; on the other
hand, it does not lie within its powers to investigate and appraise
negotiations that have been conducted outside the proceedings of
the Commission. The German Government takes the stand that no
questions of any kind, of a factual or legal nature, that may arise
out of the Munich discussions are left to the Commission for decision.
The German Government has therefore directed its Agent before
the Commission not to enter into the proposals made by the American
Agent, which aim at the putting into effect of the results of the
Munich conversations.
  Accept [etc.]                                         LuEER
462.11L5232/834
    The Secretary of State to the Germxn Ambassador (Luther)
                                      WASHINGTON, April 8, 1937.
  EXCELLENCY: I have the honor to acknowledge the receipt of your
note of April 5 regarding the attitude of your Government with re-
spect to the so-called sabotage claims pending before the Mixed
Claims Commission, United States and Germany, and to state that
a copy of your note has been transmitted to the American Agent
with the request that he lay it before the Commission for its
consideration.
  Accept [etc.]                      For the Secretary of State:
                                          [File copy not signed.]
 8For text of agreement, see League of Nations Treaty Series, vol. cvI, p.
121.
350


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