Title
United States,
Albanian Claims Settlement Agreement
Date
The agreement entered
into force on 18 April 1995.
Description
Agreement
between the Government of the United States of America and the Government of the
Republic of Albania on the settlement of certain outstanding claims.
Policy
The Government
of the United States of America and the Government of the Republic of Albania,
desiring to settle claims and outstanding financial issues, have agreed as
follows:
Article 1
The claims settled pursuant to this agreement are: (a) the
claims of United States nationals (including natural and juridical persons)
against Albania arising from any nationalization, expropriation, intervention,
and other taking of, or measures affecting, property of nationals of the United
States prior to the date of this agreement; and (b) the claims of nationals of
Albania (including natural and juridical persons) against the United States
prior to the date of this agreement.
Article 2
Albania shall pay to the United States the sum of US $2,000,000
(two million dollars) (the settlement amount) as full and final settlement of
the claims specified in article 1.
Article 3
1. Upon entry into force of this agreement, the United States
shall inform the Tripartite Commission for the Restitution of Monetary Gold of
its readiness to consent to the release to the Government of Albania, in
accordance with the procedures referred to in paragraph 2, of the appropriate
amount of gold under Part III of the Agreement of Reparation of January 14, 1946
and the practices and procedures of the Tripartite Gold Commission. The parties
understand that release of the gold to Albania requires the consent not only of
the United States Government, but also of the Governments of France and the
United Kingdom.
2. Simultaneously with the release to Albania of the gold
referred to in paragraph 1, Albania shall pay to the United States the
settlement amount. Procedures for the simultaneous release and payment will be
agreed by the two parties.
Article 4
The United States shall be exclusively responsible for the
distribution of the settlement amount referred to in article 2, to United States
nationals for their claims as specified in article 1, in accordance with U.S.
law.
Article 5
Albania shall afford United States nationals (including natural
and juridical persons) with claims not settled by this agreement the same rights
as it affords Albanian nationals under the laws of Albania to pursue and receive
compensation, restitution, or any other local remedy available under its
domestic restitution or compensation procedures.
Article 6
This agreement shall enter into force on the date on which the
parties have notified each other that the necessary domestic requirements have
been fulfilled.
In witness whereof, the undersigned, being duly authorized
thereto by their respective Governments, have signed the present
agreement.
Done at Tirana, in duplicate in the English and Albanian
languages, both languages being equally authentic, this 10th day of March,
1995.
For the Government of the United States of America:
Joseph E. Lake,
Ambassador, Extraordinary and Plenipotentiary
For the Government of the
Republic of Albania:
Dylber Vrioni, Deputy Prime Minister and Minister of
Finance
Agreed minute
During the negotiations of the agreement between the
Government of the United States of America and the Government of Albania on the
Settlement of Certain Outstanding Claims, signed today, recognizing the special
factual circumstances involved, the following understandings, which shall be an
integral part of the agreement, were reached:
1. For purposes of article 1, the term "United States nationals" shall include dual United States - Albanian nationals only if those nationals are domiciled in the United States currently or for at least half the period of time between when the property was taken and the date of entry into force of the agreement.
2. Recognizing that the Conservative Baptist Mission Society wishes to obtain restitution of its properties in Albania under Albanian law, rather than receiving compensation therefor under the agreement, and without prejudice to the validity of its claims, any claim by the Conservative Baptist Mission Society for the following three parcels of property in or near Korcha, Albania shall be considered not to have been settled under articles 1 and 2: (1) the property situated on Rruga Dh. Cickes (now Rruga Niko Dodona) known as the American School, the Kennedy School or the Evangelical Mission; (2) the two-story residence formerly used for housing of a staff family, behind the main building of the American School; and (3) a 27-acre property, known as Kennedy Hill, located on St. Athanas hill overlooking the city of Korcha. These properties shall be restituted to the Conservative Baptist Mission Society under Albanian law.
3. Recognizing that Albania is administering a domestic
program for compensation and restitution of certain properties, the United
States and Albania agreed to exchange information concerning the claims brought
under the Albanian program by United States nationals covered by the agreement,
as well as information concerning any compensation or restitution provided, in
order to assist in avoiding double recovery by claimants.
Source
Foreign
Claims Settlement Commission, 'Agreement between the government of the United
States of America and the government of the Republic of Albania on the
settlement of certain outstanding claims.' United States Department of Justice,
1995 Yearbook <http://www.usdoj.gov/
> accessed 23 May 2002.