The law as modified was passed by the Council of State and promulgated in
the Official Gazette Le Moniteur of August 6,
1921, of which a copy is herewith enclosed.
[Enclosure—Translation67]
Revised Project of Law for the Liquidation of
German Property68
Dartiguenave, President of
the Republic,
In view of article 55 of the Constitution;69
In view of the decree declaring war against the German Empire dated
July 12, 1918;
In view of the law of July 22, 1918, fixing certain consequences of
the state of war;
In view of the decree of July 24, 1918, ordering the sequestration of
German firms;
In view of the law of November 13, 1918, ordering the liquidation of
enemy firms;
In view of the decree of December 10, 1918, relative to the
liquidation of enemy firms;
In view of the approval by the Council of State sitting in National
Assembly June 2, 1920, of the Treaty of Peace signed at Versailles
June 28, 1919, between the Allied and Associated Powers, on the one
part, and Germany, on the other part;
Considering that by virtue of paragraph (b) of article 297 of the
Treaty of Peace it is optional for the Allied and Associated Powers
[Page 242]
to retain and
liquidate the property, rights, and interests belonging to German
nationals;
Considering that by virtue of paragraph (h) of article 297 of the
Treaty of Peace the product of the liquidations effected in the
states which do not participate in the reparations to be paid by
Germany must be paid directly to the proprietors, under reservation
of the rights of the Reparation Commission;
Considering that the Republic of Haiti is in the category of the
states which do not participate in the reparations to be paid by
Germany;
Considering that the sums already realized from the liquidation of
the properties, rights, and interests belonging to the German
nationals suffice to pay the pecuniary obligations mentioned in the
Treaty of Peace;
And that it is therefore proper to discontinue the liquidation;
Upon the proposal of the Secretary of State for Foreign Affairs and
Justice;
And upon the advice of the Council of the Secretaries of State,
Has Proposed:
Article 1. There
is
repealed
the
law
of
November
13,
1918,
ordering
the The liquidation of the
sequestered German firms is suspended
Article 2. The sums realized from the
properties already liquidated are reserved:
- (1)
- For the costs disbursed by the Haitian Government for the
internment and repatriation of certain Germans;
- (2)
- For the payment of claims provided for in paragraph 4 of
the annex of section IV of part X of the Treaty of
Peace;
- (3)
- For the settlement of the pecuniary obligations provided
for in article 296 of the Treaty of Peace and which form a
part of the function of the Office of Verification and
Compensation.
The total of these sums shall be fixed by the Secretary of State for
Justice.
(4) For the payment of the claims existing against German firms. The
Sequestrators-Liquidators are charged with this category of payment
which must be made according to the rules outlined
by
the
code
of
commerce
of common law.
The sums to be reserved for the two first categories of payment shall
be drawn pro rata from the sums belonging to the firms which are
solvent, and the same rule shall apply to the pecuniary obligations
mentioned in article 296 of the Treaty of Peace, as regards Germans
residing in Germany.
[Page 243]
Article 3. The balance of the sums
proceeding from the liquidated properties shall be paid directly to
their owners on the order of the Secretary of State for Justice.
Article 4. The restitution of properties
not liquidated, as well as books, documents, business papers, etc.,
shall be made by the Secretary of State for Justice directly to the
heads of the German firms or to their authorized representatives,
without prejudice to the rights that the
creditors may have against the insolvent sequestered German
firms through objections lodged within 60 days from the
promulgation of the present law.
Article 5. The mission confided to the
Sequestrators-Liquidators shall terminate within 30
60 days following the promulgation of the
present law. They shall deposit with the Department of Justice all
the books and documents of the liquidation, their accounts, and a
report indicating the details of their administration.
A special commission composed of five members shall be charged with
the auditing and verification of all the books and documents of the
liquidation and of the accounts of the
Sequestrators-Liquidators.
This commission may receive statements and observations from
interested parties within a term of 2 months. Its report must be
turned in within a term of 3 months counting from the date of its
constitution.
A sum of $7,500 drawn
from
the
liquidation shall be allowed to the
members of this commission. This sum shall be
drawn from the sequestered firms which are solvent.
Article 6. The Secretary of State for
Justice, after the receipt of the report of the commission and after
the auditing and verification of the accounts of the
Sequestrators-Liquidators, shall, if the latter are found correct
according to the documents, facts, and circumstances, refer them to
the Council of the Secretaries of State, who shall authorize him to
discharge the Liquidators.
In default of notification of a refusal of discharge to the
Liquidators for cause, within the 30 days which shall follow the
deposit of the report of the special commission, the Liquidators
shall be acquitted of their charge in full right.
Article 7. No suit for liability other than
that which the State may have to bring shall be accepted by the
courts against the Sequestrators-Liquidators relative to the
execution of the mandate which has been entrusted to them in
conformity with the laws and decrees.
Article 8. The present law abrogates all
laws or provisions of law which are contrary to it, and shall be
executed at the diligence of the Secretary of State for Foreign
Affairs and Justice.
