462.00 R 296/846: Telegram

The Ambassador in France ( Herrick ) to the Secretary of State

35. L–312 [from Herrick, Kellogg and Logan]. Following is text that part of Conference report entitled “Share of the United States of America in Dawes annuities”: [Page 141]

  • “A. Out of the amounts received from Germany on account of the Dawes annuities there shall be paid to the United States of America the following sums in reimbursement of the costs of the United States Army of Occupation and for the purpose of satisfying the awards of the Mixed Claims Commission established in pursuance of the agreement between the United States and Germany of August 10, 1922,19 the latter in an amount not exceeding $350,000,000:
    (1)
    55,000,000 gold marks per annum, beginning September 1st 1926, and continuing until the principal sums outstanding on account of the costs of the United States Army of Occupation as already reported to the Reparation Commission shall be extinguished. These annual payments constitute a first charge on cash made available for transfer by the Transfer Committee out of the Dawes annuities after the provision of the sums necessary for the service of the 800,000,000 gold marks German external loan, 1924, and for the cost of the Reparation Commission, the organizations established pursuant to the Dawes Plan, the Interallied Rhineland High Commission, the Military Control Commissions and the payment to the Danube Commission provided for in article 9 below, and for any other prior charges which may hereafter with the assent of the United States be admitted. If in any year the total sum of 55,000,000 gold marks be not transferred to the United States, the arrears shall be carried forward to the next succeeding annual installment payable to the United States which shall be pro tanto increased. Arrears shall be chargeable [sic] and shall bear simple interest at four and a half from the end of the year in which said arrears accumulated until they are satisfied.
    (2)
    Two and one-quarter percent (two and one-fourth percent) of all receipts from Germany on account of the Dawes annuities available for distribution as reparations, provided that the annuity resulting from this percentage shall not in any year exceed the sum of 45,000,000 gold marks.
  • B. Subject to the provisions of paragraph one [A] above the United States of America agree:
    (1)
    To waive any claim under the Army Cost Agreement of May 25, 1923, on the cash receipts obtained from Germany since 1st January, 1923, beyond the sum of [$]14,725,154.40 now deposited by Belgium to the Treasury of the United States in a blocked account in the Federal Reserve Bank of New York, which sum shall forthwith be released to the United States Treasury.
    (2)
    That the agreement of May 25, 1923, does not apply to payments on account of reparations by any ex-enemy power other than Germany,
    (3)
    That the Agreement of May 25, 1923, is deemed to be superseded by the present agreement.
  • C. The provisions of this agreement relating to the admission against the Dawes annuities of charges other than reparations, and the allotments provided for such charges, shall not be modified by the Allied Governments, so as to reduce the sums to be distributed as reparations save in agreement with the United States of America.
  • D. The United States of America is recognized as having an interest, proportionate to its two and one-fourth percent interest in the part of the annuities available for reparation, in any distribution of [Page 142] railway bonds, industrial debentures, or other bonds issued under the Dawes Plan, or in the proceeds of any sale of undistributed bonds or debentures, and as having the right also to share in any distribution or in the proceeds of any sale of such bonds or debentures for any arrears that may be due to it in respect of the repayment of its Army costs as provided in the present agreement. The United States of America is also recognized as having an interest in any other disposition that may be made of the bonds if not sold or distributed.”

The foregoing will undoubtedly be approved by Conference. We consider this text meets Department’s desires as communicated to us in cabled instructions and that therefore further approval of Department unnecessary. Herrick, Kellogg, Logan.

Herrick