Page:United States Statutes at Large Volume 63 Part 3.djvu/112

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [63 STAT. p p Home, February,4, 1949. To the MINISTRY OF FOBEIGN AFFAIRS, Rome. I Dated at Paris Feb. 10, 1947. JCD Obligation unim- 3. The obligation of the Government of Italy under the first sentence aired. 61 stat. , Pt. 4, of paragraph 16 (a) of the Memorandun of Understanding is under- stood to remain unimpaired. Property or interests which were subjected to the measures enumerated in that first sentence in a manner not deemed to have been in the best interest of such property or interests shall, if in existence, be returned irrespective of the possession or purported ownership thereof. Where, however, prop- erty or interests cannot be returned because they are not in existence, the provisions of paragraphs 1 and 2 of this agreement shall apply. eparate claims. 4. A claimant may present separate claims in those instances where the properties with respect to which he is claiming are not physically contiguous and do not form part of a related whole. Properties of a commercial or business enterprise that are used in the prosecution of the activities of that enterprise shall be considered as forming part of a related whole. In an instance where separate claims can properly be presented, each claim shall be entitled to sepa- rate consideration under this agreement. "claim." 5 (a). The word "claim" shall be deemed to refer to claims pre- sented against the Government of Italy by nationals of the United States of America under paragraph 4 of Article 78 of the Treaty of 614tat., Pt. 2, Peace ['] and Article 3 of the Memorandum of Understanding. 1404; Pt. 4, p. 3966. (b). A national of the United States shall be considered, for purposes of the Memorandum of Understanding and of this agreement, as any person, corporation or association on whose behalf the Government of the United States would be entitled to claim the benefits of Article 78 of the Treaty of Peace or of the Memorandum of Understanding or of both. Conciliation Com- 6. Any dispute that may arise in giving effect to the Memorandum iision. of Understanding or to this agreement shall be submitted to a Concilia- p6ta1 8 .t t Pt. 2. tion Commission constituted under Article 83 of the Treaty of Peace in the same manner as a dispute that may arise in giving effect to Article 78 of the Treaty of Peace. If the Government of Italy is prepared to give its approval to the foregoing agreement, it is suggested that a Note Verbale indicating such approval be transmitted by the Ministry of Foreign Affairs to the Embassy of the United States of America. The agreement shall be considered as having entered into effect as of the date of such Note Verbale. p n p 2416

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