Reply submitted by the Government of the Principality of Liechtenstein

5 . IZEPLY SUBMITTED BY THE GOfTEKNAIENT OF
THE PRINCIPALITY OF LIECHTENSTEIN

COSTENTS

Puge
Part I: Irttrodrrctioi~.......... 376

Par.! II :Previozrs i\regolinlio?~....... . 377
General Observations ........... . 377
The Facts .............. 37s
Conclusions ................. . 381

l'art III: The Nationalily oj Mr. Noltebohm .... 381
'The Evidence-Limits of Scrutiny ...... 382
Nationality and International Law ...... 382
Residence as a Condition for Naturalizatio~i ... 383
Abuse of Rights ............. 384
Fraud ............... 355
SubsequentofFacts asnElcments of Fraudur....ation 385
Xaturalizatian ai F .Hottebohm .Validity. Fraud 3S6
Liechtenstein Law-Conditions ...... . 337
Procedure ....... 388
Conclusion ............. . 389
SubsequentCondnct .......... . 390
Life and Activities in Guatemala ...... 390
Absence of earlierBreak with Gcrmany . . 39I
Failure to liquidnte his Affairs in ~uaternaia. . 391
Attitude of the German Govcrnmcnt ..... 391
Retention of Gcrrnan Nationality ..... . 3gz
Attitude ...............s ......... 393
Conclusions ............. 393

Part IV : Exhazistiorzoj Local Rc~nedies .... 394
A . General Observations .......... 394
Thc Subject-inatter of thc Clairn ..... . 394
Distinction between Claims based upon Initial
Breach of InternationalLaw and upon Failure of
. Municipal Courts ............. 395
Xature of the Remedies 396
U . The Position before 1946 ........ 397
Date of Sequeçtrationpla.......... .... a 398
Date of Expropriation ......... 395374 REPLY OF THE G0VERNhlEh.T OF LIECHTENSTEIK (14 VI154)
Page Paraguaphs
Tirne for opposing measures of: .... . 398 59-61
(ij Sequesiration .......... . 39s 59
(ii)Expropriation .......... 399 60-61
Co~icliisi............... 400 62

ExhMr.tKo.H . Nottebohmmedto Guatemala Ret....of 400
63-64
Decisions given............. 400 65
C . The Position after July 1946 ........ 401 66-77

The Procedure relatingprto Expropriation. ... O01 G7
Available Remedies .......... +or 68
Procedure under Governmental Decree of z July
1946 .............. 402 69
Procedure under Legislative Decree 630 of 13 July
1949 ......... ..... 402 70-71
Deciçion under Legislative Decree 6y of 13 July
1949 : .............. . 4O3 72-76
Proceedings 46 ........... 403 72-
.Proceedings rog ........... 403 73-76
Conclusions ............. 404 77

D . Other Rernedies alleged to have been available .404 7s-IIZ
The Procedure of Opposition under Governmental
Decree 3138 and Legislative Decrees 114 and 630 4oj 79-102
Limits of Local Remedies Rule ..... . O 80
Expropriation Legislation ........ 40j Sr-87
Legislative Decree 630......... 40G 33-57
Relevance of Precedents ........ 408 88-89
Ylea of Violation of the Constitution .... 408 go-IOZ
Legal Basis ......... : ... 40s 91
Limits of Re-examination ...... . 409 92-93
Relevant Provisions of the Constitution . .409 94
Neutra1 Nationals as Enemies ..... 410 95-97
Definition of Enemies ......... 410 gS
Tests of Enemy Character ....... 411 99
Primacy of International Law ..... 411 IOO
Relevance of Precedent ........ 4zz ror
Conclusion ............ 412 102
General Procedure of Administrative Appeals . . 412 103-108
Nature of Administrative Proceedings .... 413 104
$iphere of Application-Before 1946 .... .413 Ioj
After 1946 .... .413 107-108
Administrative Appeals in Proceedings 46 and ~og 414
Procedure under Law 1539 (The Law ofProtectioii)414 rog-112
Absence of Grouridsdia.........dy .... .41j III
Conclusion ............ .41.5 IIZ

E . Imprisonment and Detention in the United States 4Ij 113-114
Conclusions .............. 416 115 REI'LY OF THE COI7ERS31EST OF LIECHTESSTEIN (14 VI1 54) 375
Page Pavagrnphs

Part TJ: S'lieTvelitmentothe Perso~tawl O/llzeProflerty
O# Mr . Nottebokm ............ .417 116-152
A .The Property ............ .417 117-132
(a) Beutral Property during War ..... .417 118-129
Practice of States .......... 418 ~zo
AllWorld \Var IIon...........Neutral Property i418 121
Limits of Trading with the Enemy Legslation
ralione persolr........... 418 IZZ
Limits of Trading with the Enemy Legislation
ratione rnate~ie.......... 418 123
Liquidation of Enemy Property ..... 4x8 124
Liquidation and Peace Treaties ..... .419 125
Compensation and Peace Treaties .... .419 126
Liquidation of Neutra1 Property .... .419 127
Conclusion .... ........ qro 128-129
(b) Enerny Nationality of ';\l. Nottebohm ... 420 130-131
.(c) Agrarian Reform ........... 421 132
B .The Persona1 Treatment of .>Ir. Nottebohm . .422 133-152
hrrest and Internment of Neutra1 Nationals-
Compatibility with International Law ... 422 133-135
Inter-American Kesolutions and Guatemalan Law 422 136-138
Foundation and Substantiation of Charges ... 423 139-142
In General............. 123 139
Individual Charges ........... 423 140
Other Chargesm ...........ist ..... .424 142
Detentioii in the United States ...... 424 143-144
3lanner of Detention ; ......... -425 145-146
Non-discriminatory Treatment violating Inter-
nationalLaw ............ .425 147-148
ilbsence of Inquiry ........... 426 149
1:ailure to re-admit ........... 426 150-151
Concliisions ............ .427 152
P~rt VI : Damages ............ 43s 153-164

Damand Refusa1 to re-admit Mr D.NottebohmDepo...tion428 153
Damagcs in respect of Sequestered Estates-Intcrest 428 154-155
Loss of Revenue ............ 429 156
Valuc of the Estates .......... .429 157-158
Fiscal Value and Narket Value ..... .430 158
Compensation under theAgrarian Reform Legislation 430 159
The Intercst ofMr.Nottebohm in the Firm of Notte-
bohm Hermanos ........... .GO 160-163
Concliisions ............. .433 164
Final Coticlttsions............ .432 -

List of Annexes ............. 434 - REPLY TO COUNTER-%fE3~10RIA4O LF GUATEMAT-A

The Government of Liechtenstein, in pursuance of the Order of
the Court dated S May 1954, submits the follo~vingRcply to the
Countermemorial of the Government of Guatemala.

Part 1.Int~oduction

I. Before proceeding to reply in detail, the Government of Liech-
tenstein desires to make certain general observations. In the first
place, the Court will perceive that the basic facts of which Liechten-
stein complains in this case are not in dispute. The Government of
Guatemala does not in its Counter-memorial deny the arrest, deten-
tion and expulsion of Mr. Nottebohm ;the refusa! cifthe Guatemalan
authorities to re-admit him to the country ; and the sequestration

and later expropriation of the properties of the firm of Nottebohm
Brothers and of Mr. Nottebohm. But Guatemala pleads that none of
these acts or measures constituted breaches of international law so
as to engage the international responsihility of Guatemala ; and
further contests the quantification of damages bg Liechtenstein and
the valuation of Mr. Nottebohm's property which underlies it. Gua-
temala therefore largely admits the treatment of Mr. Nottebohm
and his property, of which Liechtenstein complains, though it pleads
in defence that this treatment was justifiable and not unlawful alid
that the damages daimed are in any event exaggerated.

2. In the second place, the Court cannot fail to be struck by the
fact that, while the ground for this adrnitted treatment of hlr. Notte-
bohm and his property was the fear that his associations or intent
might be hostile or dangerous to Guatemala in her war with Ger-
many, the Guatemalan authorities acted solely upon suspicion and
without proof. At no time, either when the steps against Mr. Notte-
bohm and his property were being taken or in its exchanges upon the
matter with the Government of Liechtenstein or in its Counter-
rnemorial, has the Government of Guatemala addiiced any evidence
that Mr. Nottebohm was in fact hostile to Gusteniala or that in his
associations or the conduct of his business he endangered wilfully or
unwittingly the national security or interests of Guatemala. It is
indeed remarkable that Guatemala should visit upon an individual
the most estreme penalties upon a bare suspicion and should stiIl
further persist in this course Iong after any grouild for this suspicion
has heen removed. 3. But, while admitting the basic facts underlying Liechten-
stein's claim, Guatemala contests this daim in laiv and further

raises a number of issues which go to its adrnissibility beforc the
Court, and to these issues the Government of Liechtenstein \vil1
now turn.

Part II.PveviozfisNegotiations

General Observations
4. Guatemala contends that Liechtenstein's claim in respect of
Mr. Nottebohm is not admissible kefore the Court on three grounds :
the alleged lack of prior diplomatic negotiations over the claim ;
the alleged absence of any genuirie tic of nationality between
Rfr.Nottebohm and Liechtenstein ; and the alleged non-exhaustion
by 31r. Nottebohm of remedies available to him in Guatemala.
The first and last grounds appear to be in some degree alternative
to the second ;for if Guatemala were to establish the second ground
to the satisfaction of the Court the claim would be inadmissible
in limiwe and the other grounds would be irrelevant. It is for this
reason that Guatemala might have been expected ta invoke the
second ground by way of a preliminary objection at the same time
as she raised her objection to the jurisdiction of the Court, which

jt dismissed on 18 November 1953.
5. Further,the firsl and second grounds have this in common that
they put in issue theEOC~ sanSdi of Liechtenstein before the Court,
for they raise questions both of the status of Liechtenstein in inter-
national relations and of her right to make an international claim
in respect of hlr. Nottebohm before this Court.

6. It mil1therefore be convenient to begin bp clarifying Liechten-
stein's status in international relations. Liechtensteinisan indepen-
dent sovereign State ; and while it is not contested that the diplo-
matic and consular protection of Liechtenstein nationals is in
practice entrusted to the reyresentatives of Switzerland, it is a
misconception in paragraph 7 of the Counter-mernorial to suppose
that any diplomatic or consular intervention by Switzerland on
behalf of Liechtenstein muçt be conducted in the name of Switzer-
land and not of Liechtenstein itself. Further, it cannot be disputed
that in the absence ofdiplomaticrepresentativeç, this right of protec-
tion orintervention is exercised by consular offrcials(seealso Guate-
maIan Lam concerning Aliens of 25th January 1926, S.S3 ;Counter-
memorial, Annes 17).Hence there \vas no necessity or requirement
as suggeçted in paragraph 8 of the Counter-mernorial forcommuni-
cations between Liechtenstein and Guatemala to be channelled
through Pans. Tndeed the facts that the Guatemalan hlinister to
France in Paris mas also the accreditcd representativc of Guatemala
in Switzerland and that Switzerland was not represerited in Guate-
mala by a diplomatic mission but only by a consular officer are378 KEPLY OF THE- GOSTERSllENT OF LIECHT1:NSTEIX (14VI1 j4)
irrelevant; though, as will bc seen, the Swiss Government in fact
na derepeated interventions both through the consular officer in

Guatemala and throngh itçdiplornatic mission in Paris.
Further, Liechtenstein as an independent State has precisely
the same right and power to confer its nationality upon aliens by
naturalization as every other sovereign State.

The Facfs
7. Xow, as to the first grouncl othe allegcd non-admissibility
of the claim, it will he convenient to set out first the fandsthen
the rules which are in the opinion of the Government of Liechten-
stein applicable.
As earlyas December zoth, 1944 the R,linistryof Foreign Affairs
of Guatemala was engaged in an cxchange of notes with the Swiss
Government acting, inter alia, on behalf of hlr. Nottebohm, through

its consul in Guatemala (Annex 1).In these exchringes the Govern-
ment of Guatemala refiised to recognize the validity, in interna-
tional law, of Mr. Nottebohm's naturalization in Liechtenstein
(Annex 2).This exchange of notes took place upon the initiative of
the Swiss Political Department (Annex 1).In addition, the S~viss
Legation in Paris, uçing preciseli those channels which in the
opinion of the Government of Guatemala should have becn em-
ployed (Counter-mernorial para. 81,intervened with the Gustemalan
Minister in Paris on behalf of hfr. Nottebohm and asked for the
reiease of his property in Guatemala on the grouncl that he had
validly acquired Liechtenstein nationality before Guatemala had
declared war against Germany and was therefore entitled to be
treated as a neutral (Annex 3).
Further, the Government of Liechtenstein addressed a note to
the Government of Guatemala dated 6th July 1951 (Applicnt'ion,
Annes 11 , hich was delivered to the GuatemaIan Ministry of
Foreign Affairsby the Swiss Consul of Guatemala. The receipt of
this note was acknowledged by the Guatemdan Ministry of Foreign
Affairs.A second'note dated 24 October 1951 was delivered to the
Government of .Guatemala by the same chanilels (AppIication,
Aniiex 3).

S. The Swiss and Liechtenstein authorities, in the course of their
intervention on behalf of Mr.Nottebohrn, never left any doubl thst
he was a nationaol f Liechtenstein;that an international claim was
being made in respect of him by Liechtenstein ;and that a settle-
ment or an offer of serious negotiation foa settIement were being
soiight from Guatemala.
The Government of Liechtenstein has always been ready and
willing to enter into such negotiations. The delay in the prosecution
of the present proceedings is due solely to its desire to meet the
professed wishes of the Government of Guatemala to discuss a
settlernent. Won-ever,despite its protestations, the Government of REPLIr OF THE GOVEHSlIEST OF LIECHTESSTEIS (14 \'Ij4)379

Guatemala has failed to pursue the course of negotiated settlement
which was always open to it. On the contrary, it has persistently
rejected the representations made between Decernber 1944 and

April 19j1 by the Government of Liechtenstein through Swissdiplo-
rnatic and consular channels, and has ignored the notes presented
in July 1951 and October 1951, despite the warning which they
contained that Liechtenstein mould be compelled to bring the rnatter
before this Court l.

The Law
9. In the submission of the Government of Liechtenstein, these

facts do rlotgive any ground in law for holding that Liechtenstein's
present claim is inadmissibIe before the Court.
IVhile the reasoning of Section r of the Counter-mernorial is not
mholly clear the Guatemalan Government appears to be saying
either that therc is in the absence of prior diplomatic negotiations
rio dispute between Guatemala and Liechtenstein within the rnean-
ing of Article 36 (2) of the Statute of the Court, or that prior diplo-
matic negotiatians are a condition precedent to the reference of a
dispute to thisCourt, and that this condition has not been satisfied

iii this case. Neither position is tenabIe.
IO. The Permanent Court has said :

"...a difference of opinion does exist as soon as one of the Govern-
ments concerned points out that the attitude adopted by the other
conflicts with its own views. Even if ....the existence of a definite
dispute were necessary, this condition coztld afany time befztlfilleby
means of irrzilateralactionott thepart of the afiplicaniParty. And the
Court cannot allow itself to be hampered by a mere defect of form,
the remoiral of which depcnds solely on the Party concerned"

(German 17tteresfsin Polish U+per Silesiu, P.C.I.J., Ser.A, No. 6,
p. 14) .gain the Court has said :"The mere denial of the existence
of a dispute does not prove its non-existence" (Peace Treaties
(First Phase), Adviso~y Opinion, I.C.J. Reports 1950, p. 74).
In the present case tliere is no political dispritc between the
parties ; ihere is indeecl no substantial dispute as to the basic
facts of which Liechtenstein complains ; but there is a dispute as
to the legal character and consequences of those basic factç, and
hecause these facts are largely admitted, the Iegal dispute is clearly
defined. Since x944 there has been a difference of opinion, manifested

in the diplomatic exchanges between Liechtenstein and Guatemala,

Subsequently, by lettergoSeptember 1952,the Ninistcr ofForeign Affairs
ofGuatemala indicated that was prepared to begin negotiations. This invitation
rcpresentativof the Govcrnment of Liechtenstemet the represcntativof the
Governrnent of Guaterriala on several occandothere nas an incrcasing hope of
a reasonable solutioThc lastoccasionwas on 6 August 1953; since that time
nothing furthervashearclfrom the Government of Guatemala.380 REPL\-OF THE COVERNXIEKT OF LIECHTKNSTEIF (14 vlI54)
as to 3lr. Xottcbohm's entillernent to the releasc of his propcrty
irom sequcstration and expropriation, and as to Guatemala's right
to expel him and to refuselater to re-admithim. There could hardly
be a clearcr case of a legal dispute betn-eetwo States. Indeed,the
fact that the Guaternalan Government chose to ignore the two
notes presented by the Government of Liechtenstein in July and

October IgjI would alone create a dispute between the parties
within the meaning of the unqualified language of Article 36 (2)
of the Statute of the Court.
II.Fiirthcr, the practice of the Permanent Court of International
Justice shows that it is not a pre-condition that the parties musi
have concluded negotiations and that these negotiations must
have failed, for the jurisdiction of the Court to he invoked (cf,
Hudson, The Pcrnrnne?zf Coztrt oj Interfzatio~~aJustice, 1919-42

(1943)~pp. 413,414) .roof of a speciîic manifestation of disagree-
ment and of previous diplomatic negotiations is required only in
those special circi~mstances tvhcre the instrument by which the
jurisdiction of the Court is invoked lays downthiscondition ;as foc
example in Article 26 of the Palestine Mandate considered in
lllavro~?z~natisColtcessioltCase (~924) P.C.T.J. Ser. A, No. 2,
pp. 15, 62, and see Sofia Eleclri~i~Company Case (193g},P.C.I.J,
Ser. A/B, No. 77, pp. 83, 132. The reliance by Guatemala on the
passage from p. 15 of the Mauronztilaiis Co~zcessio~rCsase cited
in yaragrayh 7 of its Counter-mernorial is \vholly rnisconceived,
for the Permanent Court \vas there conccrned with the interpre-
tation of Article 2'6of the hiandate.

12.On the other hand, where the provision conferring jurisdic-
tion upon the Court does not cal1 for the conduct of prior diplo-
matic negotiatioris, the Court has been unwilling to insist on this
requirement. Thus, as regards article 23 of the Geneva Convention
of 1922, the Court said:
"Article 23, differing ithis respect from many compromissory
clauses ....does not stipulate that diplomatic rlegotiatio~~smust
first of all be trie...."(GertnnnInferests inPolish 0-pper Silesia,
P.C.I.J. Ser. A,No. 6,p. 14) T.he Court conduded :

"....recoursernay be had to the Court as soon asone ofthe parties
considers that a difference of opinion arising out of the construc-
tion and applicatioii ui Articles 6 22 [of the Geneva Convention]
exists" (loc.cif.p.14).

13.111the present case, there was, to put it at its Iow7est, an
exchange of vieivç, a discussion, betsveen the Governments of
Guatemala and Liechtenstein ; itcame tu an end in circumstances
which disclosed a clear difference of opinion on more than one
legal issue.It is plain then that, even if prior negatiationwere a
pre-condition of the admissibility of this dispute, what happened REPLY OF THE GOVERSAIEST OF LIECHTEKSTEIS (14 VI154) 381

inthe present case jevouldsatisfy the test laid down by the Perma-
nent Court :
"Ncgotiations do not of necessity always presupposc a more or
less lengthy series of notcs and despatchcs ; it may suffice that a
discussion should have been commenced, and this discussion may
have been very short ;this will be the case if a deadlock is reached
or if finally a point is reached at which one of the Parties definitely
declares himself unable, or refuses, to give way, and there can
therefore be no doubt that the dispute cannot be settled by diylo-
matic negotiations" (!llnvronttnat?s Concessions Case (Jrlvisdicfiotz),
ibid.,y: 13).

14. In the submiçsion of the Government of Licchtenstein there-
fore :
there has been since 1944 a legal dispute subsisting betn~een
(i) Guatemala and Liechtenstein as to the trcatment of Mr.
Nottcbohm ;

(ii) Article 36 (2) of the Statute of the Court and Guatemala's
Declaration accepting the jurisdiction of thc Court do not
in 1s~ make it a coi~dition of the admissil~ility of Liechten-
stein's claim that it should have been subject to yrior negotia-
tions for its scttlernent;
(iii) even if prior negotiations for settlement had been a necessarjr
condition in law, this condition \vas in fact satisfied by the
exchanges between the Governments from 1944to 1951 ;
alternatively, ncgotiations were rendcred abortive by Guate-

mala's attitude nrhich itself created a dispute refcrable to the
Court.

Part III. Tlze Nationality of MY. Nottebohnt

rj. The Govcrnment of Liechtenstein will now turn to the secoiid
ground on ~vhichGuatemala hases her pleü of inadmissibility of the
claim :the aileged absence of any genuine tie of nationality between
Mr. Nottebohm and Liechtenstein.
Thc issue of Mr. Nottehohm's nationdity goes both to the admis-
sibility of Liechtenstein's claim before this Court and to the merits
of that claim. As to admissibility, the question iswhether the Court

can recognize RTr.Nottebohm as a national of Liechtenstein ; as to
the incrits, the question is whether Guatemala was hound to recog-
nizc hirn as a national of Liechtenstein and to treat him as a neutral
çubject. At this stage of the Reply, only the first rlucstion must be
considered. 16. XOWLiechtenstein has laid bcfore the Court thc ccrtificate
of MI- . ottebohm's naturalization in Liechtenstein, dated Octo-
ber zo, 1939 (Mernorial, Annex z),and the further certificatc issued
by the Government of Liechtenstein on May 6, 1946 (hlemorial,
Annex 6, paras. 18, 20). The authenticity of thesc documents and
their bona fide issue by the Governnient of Liechtenstein are not
disputed. The certificate of naturalization is therefore $rima facie
evidence of nationality, Medina Case (Moore, Internalional Arbitra-
tioirs,111,p.2587) ;it establishes a presumption that Mr, Nottebohm
is a Liechtenstein national, which, upon the principle orn~ia #Y@-
S~~~~ZLIZ~Z$te acta esse: Salem Case (1932 2)R.I.A.A., at p. 1186 ;
Chazen Case(Rlexico-U.S.A.)(1930), 3 Opinion Commissioners p. 32,
the Court should accept as conclusive, unless Guatemala is able to
displace the presumption 11y contrary evidence.

17. The question then arises, what evidence can displace the pre-
sumption or, to put it another wap, what lirnits are there set to the
scrutiny by the Court of the Liechtenstein certificate of naturaliza-
tioii ? In the submission of the Government of Liechtenstein, the
Court, sitting asan international tribunal, may scrutinize a certifi-
cate of naturalization, the validity of which is challenged, to see

whether it mas either contrary to the rules of international law
relating to nationality, or obtained by fraud.

NationaZity and Inlevnationnl Law
18. Since nationality is a matter within the domcstic jiirisdiction
of each State :T.ztnisandMoroccoA'ationalityDecrees [1923],P.C.I.J.
Ser. 3,No. 4, pp. 23-4,there are no rules of interiiatioiial law restrict-

ing the grant of nationality as çuch.
The Report of the Codification Commission appointed by the
League of Nations confirms this, when it states :
"... les questions concernant la nationalité sont à envisager
comme des pr?blèrnes appartenant exclusivement a ia législation
intérieure des Etats particuliers....Il n'existe point une iiorme cou-
tumikre ou écrite du droit international qui puisse êtrcregardée
comme statuant une restriction ou mêmeune exemption de la com-
pétencesusmentionnée" (P. 196, M. 70, p. g).

But naturalization may in a particuJar case trailsgrcss the general
principle thata State rnay not, saye in certain cases with which this
Replp is not concerned, assert jurisdiction outside its territory with-
out the consent of the States or individuals concerned. Nationality
cannot be imposed upon any individual outside a State's jurisdiction
without that individual's request or consent, unless there is a clear
coiinectionbetweeii the individual-and that State justifying such a
stcp. Thus Hall (Intenzalional Law (8th ed., 194, S.66) says : REPLY OF THE COVERSAIEST OF LIECHTEKSTEIS (14 VI1 54) 383

"Hitherto ...[International Law1 has refrained, except on one
point, from laying down any principles, and still more from
sanctioning specific usages in the mattcr. It declares that fAe
guality of a subject mzcst not be in~posed upon certain yersoiis
with regard to whose position as members of another sovereign
community it is considered that there is no room for the existence
of doubt ...but where a difierence of legal the or^c^n exist inter-
national lam made no choice, and it içleft open to States to act
as they like" (see also Politis, Hngzte Kectteil, 6 (1925) 1, at
PP 55-56).
It is a further condition of anv breach of international law
that there must be an actual grant of naturalization in n forrn
compatible with the rule just described. The bare enactment of
nationality legislation which, if applied to particular individualç,

might give riçe to a hreach of international law, is not iii itself
contrary ta international Iav-.
19. The Guatemalan Government, in paragraphs 17 and rS
of its Counter-memorial, acknowledges the absence of specific
restrictions in international lait7 upon grants of nationality, but
alleges that thc provisions in the Liechtenstein law of Nationality
of 4 January 1934 constitute an abuse of rights since they permit
the Liechtenstein aiithorities to dispense in particular cases with
the requirement of residence and of direstment of the previous
nationality for the grant of naturalization. As will be seen, the

Liechtenstein Government did not dispense in >Ir. Xottebohm's
case with the second requirement and, since the bare claim of
right to dispense with it cannot be contrary to international
law (nor in fact would its exercise be), that particular objection
by the Guatemalan Government fails.

Residence as a Condifion Jor Na tztrcllzznfz'on
20. As to the alleged requirement of residence in the naturalizing
State, both principle and State practice demonstrate that there
is no such rule of international law.
The practice of International Tribunals provides no answer
whether any, and if 50 what, period of residence is required before
naturalization can be granted, but an esamination of the nation-
ality legislation of States shows that in a varietof circumstaiices

-and not only in the case of exceptional services rendered to
the country where the naturalization takes place-a great number
of countries confer their nationality by way of naturalization,
although the person to be naturalized did not reside within the
territory of the naturalizing State (Aiinex 4).
21. In view of this fact writers dealing with the subject have
asserted that residence for a specific period is not a binding
recluirement of international law (htaury, Répertoire de Droit
I~zternational, vol. g (1930)p~ . 281,No. 73 ; Rundstein, Zeit-334 REPLY OF THE GOVERXJIEST OF LIECHTENSTEIN (14 VI154)

sclzrijt fir62kerrecht,16 (1932), p. 30). The reqiiirement is purely
facultative, as the Committee of Experts appointed by thc Lcague
of Nations declared (Basis of Discussion, No. 6, cited by Iifaury,
loc. cit.: " ....La législation d'un État peut subordonner cette
perte de la nationalité à certaines conditions légales concernant
....le lieu de résidence."

22. Of course the State of which the naturalized person is a
national and where he still resides iç free to disregard the acqui-
sition of another nationality abroad, where the person concerned
does not reside (Jlaury, loc.cit., y281, No. 73).Rut it içsignificant
that those States which have embodied an express provision to
this effect (Maury, loc. cit.) in their Nationality Laws did so
clearly on the understanding that a naturalization abroad in
these cohditions is not void and that a special provision excluding
its effect in the State of residence is rcquired, while other States
recognize such naturalizatioiis without demur (Maury, Eoc.cil.).

23. In so far as third States are concerned, the rulc rcgarding
the nationality of claims protects them against changes of nation-
ality by resident aliens for the purpose of pressing cornplaints
arising from acts prior to naturalization.

24. The Government of Guatemala cloesnot strengthen its case
by contending that the naturalization of a non-resident alien
constitutes an abuse of rights and thus a violation of international
law (Countermemorial, paras. 16, 17). Abuse of rights is said

to occur when a State avails itself of its right in an arbitrary
manner in such a way as to inflict upon another State an injury
which cannot be justified by a legitimate corisidcration of its
own advantage (Oppenheim, Inter~aationaELaw (7th cd., 1948),
p. 313). It would seem that abuse of rights may manifest itself
in a conflict of legally recognized rights resulting in the dcfeat
of the weaker, or in the lawful exercisc of legal rights for irnproper
motives (Politis, Hague Recueil, 6 (1925) 1, p. 36). In either case,
an injury must have been inflicted upon another State. In fact
the Guatemalan Government is misapplying the concept of abuse
of rights, for what it is realIy alleging is that Liechtenstein has
acted in excess of. State jurisdiction in naturalizing an alien
who had not been a resident of Liechtenstein "for a niimber of

years". The vagueness of this alleged requirement and its obvious
incompatibility with general State practice show the absurdity
of the Guatemalan contention.
25. Liechtenstein nationality was not imposed on Mr. Notte-
bohm ; he requested the grant of naturalization and submitted
himself willingly and deliberately to the necessary process required
by Liechtenstein law. If the grant was irregular it could, on the REPLY OF THE GOVEKNIlEST OP LIECHTESSTEIS (14 VI154) 385

Guatemalan Government's argument in paragraphs 16-18 o,nly
be so by reason of failure to comply with the alleged requirement
of rcsidence. That there is no such requirement under international
law has already been demonstrated. The grant of naturalization
to 317. Nottebohm was therefore not "an irregular exercise of
competence" nor an abuse of rights, for even the Guatemalan
Government does not plead or attempt to prove any injury or
iiitended injury to either Germany or Guatemala, the only other

States which might consider themselves ititerested in Bfr. Sotte-
bohm's naturalization in Liechtenstein.

26. But the core of the argument of the Guatemala11 Goverri-
ment on the issue of nationality lies in its allegation of fraud.
Yet it is not easy to trace the line of Guatemala's support for this
grave allegation. She commences with thc citation of authorities
on fraudulent naturalization (paragaph 14 of the Countermemo-

rial); makes a passing suggestion that the Liechtenstein riatiori-
ality law "does not provide the guarantees of seriousness and
stability ivhich are to be found in the various laws of other countries,
ancl il encourages cphemeral changes of natioiiality for reasons of
mere convenience" (para. 18) ; expatiates on the alleged close
links betiveen Mr. Nottebohm and Germany (para. 23) and says
that by "an express or tacit agreement on the part of the German
authorities that he should acquire this new nationality" Germany
became a "party to the fraud" (paras. 24 and 25) ;and finally
insinuates that Liechtenstein "could have had no doubt as to the
reasons behind the application for naturalization Fvhichhad been
submitted to itJJ by Mr. Nottebohm (para. 28).Further the Guate-
malan Government say that his naturalization in Liechtenstein
was "irregular ancl factitious" (paras. II, 34) ; "nothing but a

manŒuvre" (para. 25) ;and "far too artificial for the International
Court of Justice to have regard to it" (para. 21).
27, Liechtenstein's reply is simple:first, Guatemala has adduced
not factsbut bare çpeculation, ~rhichfallç far short of the standard
of proof necessary to maintain a charge of fraud ; second, she
niisconceives what iç cognizable by an international tribunal as
fraud.

Scr~rti~zyO# Foreig 4cts of Natzlralizalion

2s. It is submitted that the modern practice in this field is
accurately sumrned up by Borchard, Difiloinatic Proieclioltof
Citizel Azbroad (~grg), pp. j22-23 in these words :
"...international tribunals have often asserted and exercised
the right to determine for thernselves the citizenship of claimants
froin al1 the facts yresented. These international tribunals, with
practically unbroken uniformity, have held that they were noi'386 REPLY OF THE GOVERSAIEST 01: IIECHTESSTEIN (14 VI1 54)
wndztsivey boftnd by a certificate of naturalization, but on the
aliegationof fraz~dcould go behind the certificate to examine the

antecedent facts on which it was granted. Such a certificate has
been held to be prima facie evidence of citizenship ; it has been
accepted as conclusive evidence of its own validity."
Now fraud has been defined as an intentional and dishonest
misrepresentation or sz~ppressiowofmaterial facts, practised by the
party (Moore, International Arbitralions, III, p. 2621). So, too,
the SupremeCourt of the United States has declared in no uncertain
terms that "Fraud connotes perjury, fabrication, concealment,
misrepresentation" : Kqtnrterv. Unifed States (1946) 308 U.S. 634.
The standard of proof is correspondingly rigororiç, and fias been
so recognized in international and national jurisdictions :Salei~z
Case [1932 ] R.I.A.A., y.1187 ;In re Findan [1g33] 4 F. Supp.
189 (AnrzzaalDigest, 1933-1934 Case No. 106).
A5 ivill be showin greater detail below, the Güaternalm~Govcrn-
ment seeks by speculation of motives and uncertain inference to
convict Liechtenstein and its national of fraud.

Szcbseqzretzt acts as Elements of Fraz~d

29. The question whether an sct of naturalization is to be dis-
regarded by an international tribunal as void for reason of fraud
if siibsequent events show that the naturalized yerson did not
avail himself of the privileges of his new nationality, but has
retumed immediately to his country of origin or has resumed his
original nationality, has been consideredby international tribunals
only infrequently (Borchard, op. cit., p. 533). It is significant
that Makarov observes :

"l'emploi de cette notion du changement frauduleux de natio-
nalité devient de plus en pliis rare" (Hagtae Recueil, 74 (1949 ),
PP. 331-34)-
30. This notion, which \vas employed in Taanty v. Tnnmy
(Counter-mernorial, para. 14),is limited to the yractice of municipal
courts administering rules of private international law (Counter-

mernorial, paras. 85, S6).The reason is that, with few exceptions,
municipal courts have declared thernçelveç'inconipctent to scruti-
nizc the validity of foreigii naturalizations (see the cascs cited by
Makarov, Allgemeine Lelzrett des Staatsangehiirigkeitsrechtp,. 326).
Instead, when called upon by their rules of private international
law to apply the Eexpatriæ of a person in matters of status or
succession, they have refuscd to do so, if that person was formerl;
a national of their own ~vhohad obtained naturalization abroad
in circumstances which showed that he had no serious desire to
change hiç aiiegiance (Taanzy v.Taanzy) and thnt the naturaliza-
tion was "un vain simulacre et une apparence mensongère" (~VIéna-
bréa v. illénabréa,decided on 18 June 1896, Clunet 1896, pp. 842,
844).They have. howc\rcr,'hcld othemise if it was an "actc sérieuxet dtifinitif [qui] entrainepour le demandeur des conséquences
les PIUSréelles" (Méizabréa v. Ménabréal,oc.cit. ;Taamy v. Taanty,
loc.cd.) wvithoutregard to the motives which led to this step.
Natztralizationof F. Nottebohna

Validity, Frnlad
31.The certificate of naturalization of Mr. Nottebohm is privna
facie evidence of the validity of the naturalization in Liechtenstein.
Nevertheless, it is now proposed to examine whether the act of

naturalization did in fact conform with the Nationality Act of
Liechtenstein (Mernorial, Annes I ; Countermemorial, Anriex 1).
The Government of Liechtenstein does not admit that the Goverri-
ment of Guatemala, or indeed the Court, is cntitled to question
the validity of the certificateof naturalization on the ground that
its grant \vas not in conformity with Liechtenstein law, as already
statcd (paras. 28-30). How~ever,since the Government of Guatemala
have alleged that the grant of naturalization to Mr. Nottebohm
did not in fact conform with the requirements of Liechtenstein
law, the Government of Liechtenstein feels bound, simply from
regard for the triithta refute these allegations. The question will
also be examined whether the act was tainted by fraud within the
normal meaning (above, para. 281, that is to Say whether it was
obtained by an intentional and dishonest misrepresentation or
suppression of material facts practised by Mr. Iiiottebohm. The
question whether there is or can he any fraud within the second
meaning, that is to Say, that Mr. Nottebohm has not availed
himself of the privileges of his new nationality, thus çhowing no
serious intention to change his nationality, will be discussed
subsequently (paras. 36-41).

Lieclzfenstein Lnw- Conditions
32. The requirements for, and the procedure of naturalizatioii
in Liechtenstein according to the Nationality Law of 4 January

1934, paras. 6 aiid7, are set out in the Countermemorial, para. 19
and in hnnex I. The conditions under which iiaturalization ma?
be granted were :
(i) theapplicant must show that, in the event of his acquiring
Liechtenstein nationality, he \vil1be adrnitted to membership
of a Liechtenstein commune (para. 6 (b)).-Mr. lu'ottebohm
was admitted to membership of the commiine of Maiircn
on 15 October 1939 (Annex 6) ;
the applicant rnust show that, in the event of his acquiririg
(ii)Liechtenstein nationality he will .lose his former nationality
or he must have obtained dispensation frorn this provisioil
(para. 6 (c)).-No siich dispeiisation was applied for (Anne7).
No certified copy ofparagraph 25 of the German Natianality
Act of 22 July 1913(text in Alernorial,para. 29) \vas submit- ted, but it was cornmon knowledge among the coinpetent
authoritics in Liechtenstein that in virtue of a naturalization
abroad German nationality is lost. Nor in fact could a certi-
ficate of rclease from German nationality be obtained before
thc naturalization in 1-iechtensteiii had takeri place, a
farniliar dcadlock in iiationality laws ;
(iii) the applicant ~nust SI~OM that he has hahitually rcsicied in
the territory of the I'rincipality of Liechtenstein for at Icast
three years (pars. 6 (II)),

in cxccptioiial cases, show circumstances cteserving particular
consideration (para. 6 (d)).-&Ir. Nottebohm did not reside
in 1,iechtensieiii for three years prior to his naturalization.
The question whether circumstances deserving particular

consideration were prescnt is a matter of discretioii to be
exercised hy the competent authorities, i.e. the Goverilment,
the Diet atid the Prince. lt may be yointed out, ho~vcver,that
the Nottebohm family u-as me11known in the Priiicipality.
Mr. Nottebohm's brother Hermann \vas a prominent and
respectcd citizen. The brothers were devoted to each other
and, as cvents have provcd, intended to spend their old age
in each other's Company, in lraduz.

No special cvidence was required to provc the iiegativc fact that
no consent had been giveii by the Germaii Govern~nciit for his
divestmeiit of German nationality, Only iri the converse case
(para. 6 (c) ofthe Natioiiality Law of Liechtenstein) would evidence
have had to be submitted tothe effect that Gcrmaii nationality had
becn retatned. Jlr. Nottebohrn ivasarvare of these conditions, and
wished to divcst himself of Germa11nationality (Annes 7).Investi-
gations which wcre subscqucntly initiatcd by the Governmcnt of
Liechtenstein have showii that no such application is on the files
of the competent Germa11 authorities (Annes rg). So fraud \vas
thus committed.
The question whether Jlr. Nottebohin rnust nevertheless be
regardecl as n Gerrnan riatioiial will be discussed helow (paras.

41-44).
Liechtensfeit~Law-Proceritue

33. The procedure of naturalization, as distinct from the condi-
tions for riaturalization incliided, inter alia,
(i) the production of a ccrtificate of good conduct issued by the
competent authoritics of the place of residence (para7 (e)).-
'io such certificatc was produced. Iristead 31r. Nottebohm
signed a statutory declnration on g October 1939 (Annex g)
that he had no previous convictions. This procedure \vas
adopted silice he had no previous residcnce in Liechtenstein, HEPI,Y 01:THE GOVERXKIEST OP 1.IECHTESSTEIS (14 1'1154) 389

and as;trcsult, tlier\vasrio curiipeteilt iiuthority in Liechteii-
stein to issue such a certificstc. A ccrtificate frorn the Guate-
malan authorities \vas ncither necessary nor sufficient for
the purposes of paragraph 7 (ej, seeing that the reference
to the competent authorities in para. 7 (e)~nust be read in
the light of the preceding para. 7 (dl nrhich rcfers to the

applicant's habitua1 residence in Liechtenstein. The purpose
of the procedure eniiisaged in para. 7 (e) was thus satisfied,
which was to inform the nrituralizing suthoritics of any
prrvioiis convictions in 1,iccbtenstcin. Thc Government of
Guatemala docs not suggest that Mr. Nottebohm had an)-
~xevious convictions or that hc fraudulcntly misled the
authorities in Liechtenstein ;

(ii) proof that he has concluded an arrangement with the revenue
authorities, after they had consulted the Tasation Cornmis-
sion of thc commune to whch he is presumed to belong,
regarding his liability to taxation (para. 7 (g)).-Such an
agreement had been reached, subject to forma1 contract
aftér naturalization, rvhei-iMT.Nottebohm made his appli-
cation for naturalization, dated g October 1939 (Annex j,
Annexes II, 12). His tax ïi7aassessed to 1000 Swiss francs
a year, secured by the deposit of bonds (Annex 13) ;

(iii) Payment to the Treasury of the Priiicipality of Liechtenstein of
the naturalization fees (para. IO).-This was done (Annex 13) ;
(iv) Approvnl of the Diet (para.12) .-This was given on I4October
1939 (Aiinex 14) ;
(v) Grant of Nationality by the Prince.-This was done (Annex

15 ; 5) ;
(vi) Administration of the Oath of Allegiarice (para. rq).-This
\vas donc uii 20 October ~939(Annex 16).

34. The Government of Guatemala espresseç surprise at the
speedy conclusinn of the forma1 naturalization proceeclings (Counter-
mcmorial, para. 20)+ In point of fact they did not takc 4 days,
but at least II clays, that is to say from 9 October 1939 until
20 October 1939 .owever, administrative delays are not a hallmark
of Iegality and spcedy proceedings do not carry a presumption of
abuse of cornpetence. Liechtenstein isa small country ; itsadmin-
istration is weI1 organized, and not overburdened with affairs of
State. Moreover, the case of Mr. Xottebohm had already been the
sribject of previoiis negotiations ancl the Diet \t'as in session.

35. The Government of Liechtenstein cuncliides thnt tlie act
of naturalization of Mr. Nottebohni cornplied with al1 material
provisions of the Nationality Law of Liechtenstein. NO intentjonal
or dishonest misrepresentation or suppression of material facts \vas390 REP1.YOF THE GOVERSMEST OF LIECHTESSTEIK (14VIX 54)

practisedby the applicant Nottebohm. No fraud tainted the validity
of the act of naturalizatio~i in Liechteristein.

36. The Government of Guatcrnala coritcnds that cveri if the
naturalization in Liechtenstein were valid, imiiçt be regarded as
tainted with fraud in the second meaning discussed above (paras.
29-30) on the ground that hlr. Nottebohm has not availed himself
of the privileges of hi5 ne\\: iiationality and has thereby shown no
serious intention to change his nationality, For this piirpose the
Government of Guatemala relies on a nurnber of unconnected
inferences drawn from his life and business actiyities in Guatemala
(Countermemorial, para. 22),his alleged visits to Cermany (ibid.,

para. 22),and his trade with that country(ibid para. 231, from his
failurc to divest himself carlicr of his German nationality and to
liquidate his affairs in Guatemalaibid para. 24) and from certain
Gcrman documents (ibid., paras25-27).

37. The fact that he lived and traded in Guatemala (Couriter-
memonal, paras. 23, 24) for 34 pars tvithout acquiring Guatemaian
nationality permits the inference that Mr. Kottebohm had at no
timc the intention of becoming a Guatemalan. It does not permit
the inference that he had no serioirs intention, especially after the
coming to power ofHitler in1933, of spending his old age in Liech-
tenstein and of settliiig there. The fact that iii the course of his
operations as a banker hc accepted large deposits from German

sources is of no significance. Depositors place their monies with
bankers upon considerations of commercial reputation and ~iot
of the nationality- or political convictions of the banker, Bankers,
being businessrnen, accept deposits regardless of iiationnly,race
or creed.

38. It is difficult to see what inference is to be drawn from the
alleged intimate connection between the firm of Nottebohm and
certain German enterprises of considerable commercial standing
(Countermemorial, para. 23). By the same token his commercial
relations, as an export and import merchant, with commercial
houses in the United States would permit the presumption of pro-
American leanings. The fact that as a result of allegations of trading
with these firms between 1939 and the date when Guatemala
entered the war, the firm and Mr. Nottebohm were placed on the
British Black List and in July 1941 on the United States Black
List, is equaüy irrelevant. Neutrals areentitled to trade with both
beiiigerents, subject to the right of the latter to stop such trade, and
nothing can be inferred from such conduct as to their loyalties.
The matter would have a different complexion if Guatemala, while
remaining neutral, had yrohibited trade with the Axis Powers. REPLY OF THE GOVERS31EST OP LIECHTESSTEIII (14 VI154) 391

Absence ofearlier Break with Cer?>~any
39. The Government of Guatemala conteiids that hfr. Nottebohm
frequently visited Gerrnany, that he supported alaggressive actions
ofGermany against Austria and Czechoslovakia and that his first
break with Germany occurred upon the outbreak of the war in

Septernber 1939.In fact he only visited Ger~nanytwice after Hitler
came to pawer ;the suggestion is fanciful that hc supported German
agression : on the contrary, he took the opportunity of his second
visit to Europe to divest himself of his Gerrnan nationality when he
visited the couiitry tvhere he intended to settle finally.

FailtiretoliquidatehisAgnirs inGztate~naln
40. The Government of Guatemala contends that the failure of
Mr. Nottebohm to liquidate his interests in Guatemala with aview
to returning to settle in Liechtenstein is an indication that hhad
no serious intention of availing himself of the privileges of his new
nationality and that the naturalization was therefore tainted by
fraud. Such an inference is wholly unwarranted here. The American-
Egyptian Tribunal stated in the Sabnt Case:

"It is in noway exceptional or unusual that he who acquires a
new nationality should keep up to a certain degree the domestic and
business interests which connect him with his previous home"
(Hackworth, [1932]z R.I.A.A., p. 1165 at 1'.1186).
In the present case, the liquidation of Mr. Xottebohm's business
interests in Guatemala was a complicated matter. Moreover, the
difficulties which affected the business in consequence ofthe out-
break of ivarand thus the value of Mr. Nottebohm's interests, u70uld
have made an immediate and preciyitated disposa1 of his interests
therein a very unprofitable proposition. Insteadhis presence as the
experienced senior partner \vas imperative. Nor could he have
reached Liechtenstein, except by crossing Axis-occupied territory.
FinaHy, within little more than three years, he waç interned. To-day
he has no intention of returning to Guatemala. The applications
made on his behalf in 1946 were motivated by the justified desire
to hring some order into the chaos which the measures of the Guate-
malan Government had created in the administration ofhis property
and to take such measures of protection as might have been avail-

able to a person on the spot.
Attitude of the Gevmalz Goverlz~nettl

.41.The Government of Guatemala contends, further, that
Mr. Nottebohm's naturalization in Liechtenstein was tainted by
fraud on the ground that he had obtained a previous assurance
from the German Government guaranteéing his re-admission to
German nationality after the end of hostilities. In the absence
of any evidence in support, the Govern~nent of Guatemala relies
on a circular letteof the German Foreign Office,dated 4 July 1939392 REPLY OF THE GOVERNhIENT OF J,IECHTEBSTEIK (14 VI154)

(Countermemorial, Annes 2), outlining the neiv policy, a copy of
whicIi, as the Government of Guatemala alleges, was fourid in
Colombia, and uyon a liçt, without names, of Gcrmari iiationals
who applied through the Gcrlnan diplornatic rcpresentativc in
Uruguay to the naturalization authorities of their last residence
in Germany for an assurance of privileged re-admission at a later
date (Countermernorial, Annes 3). Moreover, Mr. Nottebohm was
unaware of the existence of the circular letter and of the lists
alleged to have been prepared by the German Legation in Uruguay.
These allegationç were first hrought to his knowledge by the
Countermemorial. Iii any case, the German poiicy here declared

was .to consider favourably-not to promise-re-admission to
German nationality of individuais ivho were ~iaturalized in their
country of residence. There is no indication at al1 that the Gerrnan
authorities could have givc~i any favourable consideratiori to
naturalization in anothcr country.

42. The Goverrime~it of GuatemaIa has not atteriipted to prove
its allegations on this point by submitting evideiice that Mr. Notte-
bohm made such ai application ; but the Gover~irneiit of Liech-
tenstein has thought it right to make enquiries with thc competent
authorities in Germany. Thcse show that no such application was
received in Germany aiid that no consent was giveil l)y the German
Government (Annes 19).

Retention of Gerjnalz Nalio~zuli~y

43. The circumstance that hiIr. Xottebohm inight have made
an application, if he had so been inclined, but did not in fact do
so, is no reason for treating him as a potential German, as the
Government of Guatemala appears to contend (Countermemorial,
paras.25-27, 32). Such a11assertion would introduce, in an enlarged
rnanner, the concept of a.nationaiity "à titre virtuel".
The notion of a permanent nationality "à titre virtuel" in such
a case as the present has never been put forurard iii iiiternatiorial
law. It would create a status of permanent nationality and would
thus coritradict the principle that a person mal' expatriate himself.

44. The Government of Guatemala contends thüt, cveri if

Mr. Nottebohm's naturalization were valid, he r(:rnainccl a German
in virtue of para. 25 of the German Nationality La~vof 22 July
1913 which providcs that
"German nationality is riot lost by a person who bcforc acquiring
foreign citizenship has secured on application the written consent
of the cornpetent authority of his home State to retai~i his citizen-
ship...."
The question whether Mr. Xottebohm made an application to
this effect was discussed above (para. 42) where it was shown that
no evidence \.hatsoever exists that he ever did so. Iiistcad, iipon REI)I,YOF THE GOVERSSIEST OF 1.lECHTESSTEIS (14 VI1 54) 393

hi5 arriva1 iiGuatemala, he had his ilanic erascd from the register
of German nationals kept by the Cermali legation.

Attitzcdeof other States
4j. Finally, it is interesting to note that oii 24 Ju1y 1946 the
Swiss Clearing authorities, as the official orgarl of the Swiss Govern-

ment and of the Allies for carrpiiig out the Washington Convcntio~i,
recognizcd that Mr. Nottebohm is exclusivelj a national of 1-icch-
tenstcin (Annes 18) and that on 21 Oecember 1950 the Department
of Justice of the Governmeiit of the United States acknowledged
his non-enem>- charactcr as well as that of Nattebohm Hermaiios
(Blemorial, hnnes 3).

46. In vicw of the facts and considcrations set out above, the

Government of Liechtenstein attaches but secondary importance to
the question of the principle of cstoypcl. It must point out, how-
ever, that the right, embodied in Article 50 of the Guatemalan
Aliens Law (Countermemorial, Anne>; 1.7)of the authorities and of
pivate perçons to challenge the dociirnents which form the basis for
the inscription in the register of Aliens (Coiintermernorial, para37).
is subject to the provisions of Article 49 of the same law. This
states that the inscription in the register of aliens creates a legd
prcsumption that the alien possesses the nationality which has heen
recorded. Evidence to the contrary is admittcd, the implication of
the ruIc plainly beirtg that only clcar and positive evidence cün diç-
place the presumption. The Guaternalati Government can hardly

expect the Court to be satisfied with tower standards of proof than
it requires under its ourn laws.
47. In the case of $Ir. Nottebohin the Goverriment of Guatemala
merely coiitested the vaiidity of his naturalization with the result
that his forrncr iiationality was rilleged to have adhcred to him. No

evidencc was adduced. Instead 3lr. Nottebohm was given the status
of a statutory German in virtuc of Article 7 (a) of the Legislative
Decrce Xo. 630 (Coiintermcrnorial, Anncs 39).

48. It follows that >Ir. Nottebohm has regularly acquircd the
natianality of Liechtenstein accordir~gto thc 1aw ofLiechtenstein,
that his naturalization was not taintcd by fraud in the scnse that he
eifherintentionally and dishonestly misled the competentauthorities
in Licchtenstcin or that he had no serioiis intention to assume the

rights aiid duties of his new nationality, aiid that he lohis Gerinan
nationaiitÿ irrevocably.
dg. In these circuinstances the Government of Liechtenstein
concludes :394 REPLY OF THE GO\'ERX.\IE';TOF 1,TECHTEXSTEIS (14 VI1 j4)

that the ilaturalization of hlr. Nottebohrn in virtue of the
Nationality Law of Liechtenstein does not violate international
law ;
that in the absence of any evidence to the contrary produced
by the Government of Guatemala MF. Nottebohm has validly
acquired the nationality of Liechtensteiti ;
that in the absence of any evidence to the contrary, Mr. Notte-
bohm has validly divested himself of German nationality ;
that for these reasons, the claim presented by the Government
of Liechtenstein is admissible.

Part IV. Exknzrstion O/ Local Renzedies

A. General Obsewntions

50. The Government of Guatemala asserts fiiiallÿ that the
claim is inadmissible un the ground that hlr. Kottebohm has
not exhausted local remedies available to him. In support of this ,
conte~ition it cites by way of a general ellumeration a formidable
array of procedural measures (Countermemorial, paras. 46-53).
Yet the Government of Guatemala does not essay to explain

by whom, against what decisions and at what ti~nethese remedies
should have been employed. Faced with the fact that the Govern-
ment of Guatemala has not discharged its onus probandi, the
Government of Liechtenstein has to rely at this stage of the
proceedings only on the evidence which they have obtained from
the authonties in Guatemala and which is to be found in the
Proceedings 46 and 109 (Mernorial, Annes j; Rcply, Annex 22).

The Strbject-ntatter of the Claim

51. But it is not disputed that the tneasures which form the
subject of the present claim are :
the sequestration of the coffce, the coffee plantations and
(i) other farms, and of other property ;

(ii) the expropriation of the coffee plantations, farms, townhouxs,
bank deposits, mortgages and shares ;
(iii) thearrest, detention and internment of hfr. Nottebohm ;
(iv) the refusa1 to re-admit him to Guatemala after the release

from internment.
The Liechtenstein Government will therefore reply to the rather
imprecise contentions of the Countermemoriai by submitting
answcrs to these questions :1s the non-eshaustion of local remedies
a possible ground of inadmissibility at al1 in the present case ?

What were the Guatemalan measures against which Rlr. Nottebohm
is said to have remedies available ? What were these remedies and 1
why werc they not effective ? Disli)tclioltbetweenClaintsbasedalfioniltitial Breach O/Iderîaational
Law and ~cponFailare O/Mztnicipnl Cozrrts

52. In the Fifzîzish SIzips Case [1g34] 3 R.I.A.A., p. 1484 at
pp. 1500, 1502 ;Annztal Digest, 1933-34, Case No. 91, a distinction
was taken between
claims based upon an initial breaclz of inter~tntio7zallaw, thatis
to Say, a wrong constitiiting in itself a breach of international law,
and
claims based upon a lailtrre of ?rzztnicipaEcourts of law to correct
a wrong not in itself an initial breach of international law.
The arbitrator held that, wherc the claim is based upon ariinililal
brench of international laxv,"compIiance with the Iocal remedy rule
miist be ascertained solely with reference to the allegatioiis advanced
by the claimant's State in espousing its claims and no other possible

contentio~i can be laid hold of by the respondent State to show that
there were adequate rernedies stilleft at the disposa1ofthe aggrieved
individuals". Freeman, Denial O# Justice, p. 432.
33. 111the present case, the claim of the Government of Liechten-

stein is predicated on the grouncl of an initial breach of international
law. It is broadly that a national of Liechtenstein, a lieutrd State,
\vasdeprivcd of his property and his liberty as a war measure by the
Government of Guatemala, ~ho refused to acknowledge aiid to
respect his status as a neutral. For the purpose of ascertaining
whether the local remedies have been exhausted or whcther no
rerneclies existed which promised effective redress, it is therefore
sufficient to establish, on the basis of the legislation in force in
Guatemala, that no reasonable espectation could be entertained
by Mr. Notlebohm of obtaining esemption or relief from the rncas-
ures taken against him on the ground that he was a iiational of a
neiitral State.

54. It is in these circumstanccs doubtful whether the alleged non-
eshaustion oflocal remedies by &Ir.Nottebohm can be a ground of
inadmissibility at all. For ~rliercthe applicant State rests its case,
not upon allegations of thc failure of the judicial or administrative
authorities of the respondeilt State to correct the \r7rongcomplaiiled
of, but upon a wrong which, if proved, is initially a breach of inter-
riatioiial law, the plea of non-exhaustioii of local rernedies becomes

a matter of défencefor the respondent State. It goes not to admis-
sibility, but to the merits. For in the first case-thc allegation of
failure of the judicial or administrative power in the State to correct
the wrong-the breach of international Jaw is not complete until the I
highest authority has had a reasonable opportunity to act. But in
the seconclcase the breach is complete when the wrong is donc and,
if proved, the international claim in respect of it is established.
unless the respondent Statc cail show that local remedies were not
cshausted, that is tosay in effect, that it \vas given no opportuiiittocorrect the wrong in its own ivay and through its own municipal
agents. Therefore, in such a case, which is also the present case, the
plea of the non-cxhaustion of the local remedies goes to the merits
and nol to the admissibility.
There is a further consideration. The preserit citsc is referred to the
Court under Article 36 (2) of thc Statute, and ricithet this nor the
Guatemalaii atid Liechtenstein declarations accepting the jurisdic-
tion of thc Court contain any reservation of the exhaustion of local
remedies. For the case where the Court's jurisdiction is accepted
unconditionally "the Court's compulsory jurisdiction, if al1 the
remedies affordecl by the national courts have iiot heen exhaustcd,

constituteç a prorogation of jurisdiction ;the Court is competent
e\*en before cshaustion of local remedies" :Ya?teuezys-Saldz~tiskis
Rniiway Case [rg3g] P.C.I.J. Ser. A/B, No. 76, at pp. 33, 39 per
Judge Eysiiiga dissenting. It is suggested that the real ground of
difference betwceii Judge Eysinga and the Permanent Court lay in
the question whether the alleged hreach of international law by
Lithuania was complete, regard being had to the property and con-
tractilal rights which feIl in the view othe Court "morc particularly
withi~i the jurisdiction of municipal tribunals". In other words, the
Court woi~ldnot have disagreed with Judge Eysinga's dictum just
cited but have said that it did not apply in the case before them
because the hreach was not complete so as to found an international
claim at all.

~Vatzrreof the Remedies

jj. It inay also be asked whether the procedures, \$+hichthe
Guatemalan Government says were available to Blr.Nottebohm to
obtain relief from the measures taken against him, did not by their
iiumher and coinplexity make them iiieffective as remedies and
1-ender the riile as to exhaustion of local remedies inapplicable here.
Indeed, so uncertain is the Government of Guatemala of the
precise scopc and applicability of these remedies that it charges
Mr. Nottebohm \\rith having failed to have had recourse to legal
remedies in the main praceedings (henceforth called Proceedings qG)
touchirig the great hulk of his property (Proceedings 46 ; Mernorial
Annex j, para. 7ff.).et,until to-day, 110decision has been given upon
the opposition filed on 3 July 1946 (Countermcmorial, para. 56)and

no appeal cari be lodged.
The Government of Liechtenstein will gi1.ea further short illus-
tration of this u~icertainty. The proceedings regarding the estates
of hlorazan and Guataibn (hlemorial Annex j, paras. 46, 48, 49 ;
A~i~iex22 of thc prescnt Reply) were conducted twice in circurnstan-
ces which cannot but surprise the Court. These two properties were
espropriated by a11order of 20 August 1945 (Annex 22, p. 471).
1111950 the Guatemalan authorilies discovered that the order
of expropriation had been wrongly made agaiilst Nottebohm
Brothers, for iii fact the properties called Morazân and Guataloiiwere owned bjfhlr. F. Nottebohm and &Ir. K. H. Kottebohm in
common. Therefore neiv cspropriation proceedings (henceforth
called Proceediiigs 109) ïvere heguii on 26 May 19jo (Aiiiies 22.
pp, 477, 492 and 493), this time against the real registered
owners. Meanwhile, an "opposition" had been filed on 3 .fuly
1946 in the main Proceedings 46 (Mernorial Anncs j, para. 7)
against the expropriation of these two properties. Owing to the
initiation of new expropriation proceedings certified copies of the
relevant documents in the main Proceedings 46 were made and sub-
mitted in the new proceedings. One of these copies conccrned the
power of attorney which &Ir.Friedrich Nottebohm had giveii to
Mr. K. H. Xottebohim (2Iemorial Annex j, para. 16). A certified

copy of this power of attorney \{?ason the file of the main proceed-
ings. In the end a decision was rendered on 18 or 20 Decembcr 1951
(Annex 22, pp. 502-504)which dismisseclMr.Kottebohin's oppositio~i
partly on the rnerits and partly on the ground thatthe certified copy
of the power of attorney in the new Proceedings rog was inadmis-
sible. The reason given was that it was a ceriified copy ofa certified
copy. lihile the latter was admissible in the main Proceedings 46, it
was not admissible in the new Proceedings log.
Thus the Governmént of Guatemala could rc-opeil p;ocecding~
in disregard of a previous decisioi;and, by starting new proceedings
aiid by opening a netv hlc it could hope to rid itself on a technicality
of an awkward oppoilent ïvho could not.plead his case in person,
iiot having been &-admitted to the coiintry.

B. The Posi/io?r bejo~e1946
Date of Meas.z&rec so~a~lairzedoj

56. The Governmerit of Guatemala contends that the local
remedies were not exhausted, but fails to state ad whal date, by
whom whatremedies sllo~ildhave been employed. In the first place,
it is necessary for the aggrieved party tn have hnd knowledge
of the form and date of the incasure against which hc is required
to seek relief. As will he show~i, Iilr. Nottebohm and the holder
of his power of attorney were interncd in the United States during
the greater part of the period when the measures of expropriation
were being taken. In thcsc circurnstances the Government of
Liechtenstein as ivell as hlr. Nottebohrn have labourcd under
considerable difficulties in trying to ascertain the character and

date of the relevaiit measures. The Government of Guatemala
has made a small contribution (Counterrnemorial, para. 751,but
it has not discharged the hurden incumbent upon it to show that
at tire materiBi limes &Ir. Nottebohm could have emyloyed any
of the rernedies to which it refers. In view of the absence from
the country of Afr. Nottebohm and of his legal reprcçentative,
the failure of the Governtneiit of Guatemala to specify eithcr
the dates when the ineasures were taken or thc remcdies ivhicli398 REPLY OF THE GOVERS3lEST OF LIECHTE?I'STEIN(14YI154)
should in its view have been exhausted, constitutesa failure to

substantiate the allegation that theavailableremedies were not
exhausted. In order to be exhausted a remedy must not only
be amilable in abstracto.It must have been efiectivelavailable
to the aggrieved person at the time when the measure complained
of was taken (see Moore, International Arbitrations, Ipp. 3157
(John TV. Carmalt Case), 3158(M. J. Perry Case)).

Date oj Segzlestrtktion
57, As far as can be ascertained the sequestrabionof the coffee
production and its proceeds took place between 9 October 1941
and S Novernber 1941, The land itself came under sequestration
between June 1942 and August 1942. Xo dates are available as
regards the sequestration of the urban properties, except that
the Casa Grande in Quetzaltenango was apparently placed under
sequester as late as13 hlarch 1946 (Annex zo,col. 5).

Date of Ex$roprialion

jS. The expropriation of Mr. Kottebohm's immovable property
was carried out largely bet~veen August1944 and December 1945
(Annex 20,col. 6). It may be that the plantations hlediodfa and
Los Brillanteswere espropriated after that date, i.e. in February
1948 and February 1947 reçpectively (Countermemorial, para751,
although there is some evidencc that aii "opposition" was lodged,
iilthe case of Los Brillantesas early as 3 July1946 (Mernorial,
Xnnex 5,para. 7)and in thecaseof Mediodia on 28November 1946
(ibid A.,nex 5,para. 40) .t would appear that Los Brillante\vas
expropriated on 19 February 1947, or, at any rate, afte4 Sep-
tember 1945. The plantation Carmen Metzabal may have been
espropriated on 4 March 1947. The Casa Grande in Quetzal-
tenango was expropriated on g June 1946,and some of the urban
properties on 9 June 1945.
-4s mentioned before (55),the plantations Guatalon and MorazAn
were twice subject to expropriation ordcrs, first1945and again
in 1950 (Proceedings109).
In so far as it is possible to nscertain, the shares held by
>Zr.Xottebohm were espropriated in June 1945. The dates are
not available of the expropriation of his deposit-account. Certain

blocked deposits appear to have been expropriated 21 June 1950,
but it is not certain whether they included the incarne from the
sequestered estates which \vas expropriated in virtue of Legislative
Decree 258 of 28 June 19.15.
Time foropposzngmeasliresof :

(iSequestrafion
59. No cornplaint ivas made and no appeal was lodged by

Mi-. Xottebohm against the rneasures of sequestrationin 1941 REPLY OF THE GOVERS;\IEST OF LIECHTESSTEIK (14 VI154) 399

and 1942. Any clairns which are made in the present proceedings
anse indirectly, in that the Government of Liechtenstein contends
that the'Government of Guatemala failed to administer the estates
according to good husbandry, and has failed to nain tainthe income
thcrefrom or to account for it.
This income was to be paid into a blocked account with the
Bank of Guatemala. It included-

(i) the proceeds of the sale of coffee (Goverilmental Decree
No. 2601, art.2 ;Countermernorial, Annex 22);
(ii) the bank deposit accounts (Legislative Uecree No. 2655,
art. 18 ; Countcrrnemorial, Annex 25), including those repre-
seriting payn~eiits made by debtors of Mr. Nottebohm and
of his firm (Governmental Decree No. 2702, art. I ;Corintcr-
memonal, ilniiex 26) ;

(iii) the income from the land sequestered in virtue of Goveril-
mental Decrees Nos. 27S9 and 2791 (Countermemorial,
Annex 27).

The Government of Liechtenstein bases its clairn to compensation
on the fact that the income from these sequestered estates was
, expropriated in virtue of Legislative Decree No. 258 (Counter-
mernorial, Annex 36, see below para.66). Thus the fact of seqiiestra-
tion and the charge of maladministration are only material to the
measure and quantum of the damages which are claimed on the
ground of the subsequent expropriation. The question xvhether
local .semedies were exhausted is limited to these and other acts
of expropriation.

(ii)Ezpropriatiotz

60. As sho~vn above (5S), the expropriation of the plantatioiis
in which Mr. Xottebohm had an interest was carried out for the
most part between August 1944 and Uecernber 1945 . I. Notte-
bohm was interned on 19 November 1943and immediately deported
to the United States. Mr. Karl Heinz Nottebohm, who held his
power of attorney dated 17March1939(Mernorial,Annex 5,para.16 ;
Annex 6, para. 17), had been interned and deported previously.
In these circumstances, Alr. Xottebohm was physicaliy prevented
from appearing in any proceedings (seeProceedings ~og; -4nnex 22,
p. 475), lodging any apyeals and fram exhausting the local
remedies, if any (see helow paras. 68-111) N.or until he and
Mr. Karl Heinz Nottebohm were released, early in1946, could the
question arise whether any remedies were still available. Conse-
quently, the question is irrelevant whether and if so what remedies
should have been exhausted before 1946in the expropriation procced-
ings affectiiig &Ir.F. Nottebohm's assets. The existence oan uriex-
hausted remedy signifies nothing if there was rio person \\*hounder
the local laxvnras capable of pursuing that remedy (above para. 56). 61. The Government of Guatemala refers to an additional
power of attorney, granted on 19 Febniary 1942 o the Licenciado
Carlos Salazar Gatica by Mr. Nottebohm (Countermcmorial,
-4nnex 45). It ivill be noted, horveirer, that this power of attorney
concerns the representation of the firm of Nottebohm Brothers
and not of hlr. Xottebohm in his private matters. Thus Mr. Notte-
bohm remained unrepresented, quite apart from the fact that
siihsequently llr. Salazar Gatica became persona non gratu with
the Government of Giiaternala and \vas forced to leave the country.

62. The Government of Liechtensteiii submits that, in respect
of mensures (if expropriation carried out hetween 1944 and 1946,
thc plea that the local remedies have not been exhausted must
fail. Owing to the policy of arrest and deportation practised by
the Governrnent of Guatemala there ivas no person who under
the local law was capable of pursuing any remedy on behalf of
Mr. Xottebohm.

Exhaitstio~zoj Local Ke~nedies t~$oitthe retirrof Mr. K. H. iVolte-
bo1t?itu Gziafewlula
63. 0113 JuIy 1946 (hlemorial, Aiinex 5,para. 7),upon the retiirn

of Mr. Karl Heinz Nottebohm to Guatemala, the latter, as the
Iegal representative of Mr. F. Nottebohm, lodged "opposition"
against al1 the knoivn acts of expropriation uhich had occurrcd
during >Ir. F. Bottebohm's absence.
63. The "oppositions" against the various acts of cxpropriatioii
were united i~i one proceeding, no\v known as Proceeding 46
(Alemorial, Annes 5). These procccdings included the estates
kiiown as Guatalbil and Morazan (Mernorial, Annex j, para. 7).
Subsequently, iipon the motion of thc Governrnent of Guateniala,
nei~ expropriation proceedings, now kriown as Yroceedings 109,

were begun in 1950 (Annex 22, pl). 477 and 478) in regard to these
tu0 estates for thc reasons set out above {para. 55). In these
proceedings, opposition was ladged on 22 August 1950 (Annes 22,
p. 478 ;Mernorial, Anneu 5, para. 46).

65. In the rnaiii Proceedi~igs 46 no clecision \vas giveri. 'l'hc last
step appears to have been taken on zj August 1950 (blemorial,
hnnex j, para. 47). In Proceedirigs 109 against Guatalon and
hforazhn a negative decision, part1y on procedural grounds

pp. joz ff.). 'Theopposition procceclings touching a blockecl account

of O.8,264.1r, in which a riegative decision was reached on proce-
dural grounds (Mernorial, Annes j, para. 47).are irrelevant here.
Thcse procecdings were brought by Bliss Erika Xottehohm. In her REPLy OF THE GOVEKS3IEST OF LIECHTEXSTEIN (14 VI154) 401

opposition she purportcd to act oii behalf oRZr F. Nottebohnt, but
siiice she held no power of attorney fron~Iiirn, this decision is riot
binding, in so far as Mr. F. Nottebohm is concerned.
The question for the Court is, therefore, simply whethcr the
legal remedies were exhausted iri the inain Proceedings 46, where
rio decision has yet bec11given, andiiithe Proceedings ~og affecting
Guataliin and JIorazAn, where a decision was given in Ilecem-

ber 19j1.

The Law eieluli~go Exproprzatio.)~

66. In 1946, the la~v relating to expropriation iras goveri~ccl
bp the following decrees :
(i) The basic regulütions are to he found in the Governmental
Ilecree No. 3134of 14 August 1944 (Countermemorial, Annex 30)
which was approved, with certain modifications, by the
Legislative Decrcc No. 28x1of 23 August 1944 (Countermerno-
rial, Annex 33). Fnrther modifications were introduced by '

Art. r of the Legislative Decree No. zr4 of 16Alay 1945.
(ii) The Legislativc Ilccrce No. 258 of 25 June 1945 (Counter-
mernorial, Aniies 36) added to the list of expropriatcd assets
the income from thc cstateç nhich hüd been sequestered under
Governmental Uecrees Nos. 26jj &md 2702 (above jg) and ail
futiire incorne from these estates.

67. In 1946the proccdure relating to espropriation was governcd

tiy the follo~vingclecrees:
(i) The basic regulation was the Guver~~mentalDecree No. 3138
of 23 August 1944 (Countermemorial, Annes 32) which was
approved, with slight modifications, by the Legislative Ilecree
Xo. 2812 of j September 1944 (Countermemorial, Annex 34).
X nurnber of modifications were introduced by .cirticles 2-13
of the Legislative Decree No. 114 of 16 May 1945 (Counter-
rncmorial, Annex 5).

(ii) Iletailecl ruleç of procedure wcre provided by the Govern-
mental Decree of 2 J u1y 1946 (unnumhered-Cnuntermemorial,
:lrines 38).

These la1z.sivereiiiforce when hlr. F. Nottebohrn \vas released
orid when his legal representative seturilecl to Guatemala after
I-inving been interned in the United States.
-4vailable Remedies

6s. Under the 1944 decrees the proceedings were conceiitrated
in the hands of the Civil Governor of the regional Department402 REPLT OF THE GOVERS3lEST OF LIECHTESSTEIS (14 \.II54)

(Governmental Decree 3138, Art. 2 ;Counterrnemorial, Annex 32)
and included a hearing before the latter in case an "opposition"
was lodged (Governmental Decree No. 3138, Art. IO ; Counter-
mernorial, ilnnas 32). In r945, by virtzie of Arts2 and IO of the
Legislative Decree No. 114 of 16 May 1945 (Countermeinorial,
Annex 351,al1 pcnding proceedings (-4rt. 2) were traiisferred to
the Procurator-General of the Nation. Art. IO of this Decree
provided the criteria by which he was to he guided iri reaching a
decision in case an "opposition" \vas lodged in virtue of Art. 6.
According to Art. II he was allowed to re-open a case ex o@cio.

Findly, Art. 6 enjoined the Yrocurator-General to terminate
within zo days al1 contentious proceedings.
On z July 1946 a Governmental Decree (Counterrnemorial,
Aiinex 3s) provided the rnachinery for carrying out the Legislative
Decree 114 of 16 May 1945 . rt.2 of this Decree laid do\r?n the
procedure in caseswhere an "opposition" was lodged. This \ras the
procedure iinder which the "opposition" was filed on 3 July 1946
on Mr. Nottebohm's behalf in respect of al1 measures of espro-
priation directecl against hirn (Memonal, Annes j, para. 7).-

Procedzwe under Governnre~ttal Decree O/ 2Jttly 1946
69. Under the Governmental Decree of z July 1946 (Couiiter-
memorial, Aimes 38), the Procurator-General \vas to ask for the
transmission of al1 current files $rithin three days (Art. 2). Iii
cases where a notice of oppositio~ihad been filed evidence was to
be submitted within ten days (Art. 3). Thereupon three days were

to be set aside for an oral hearing, during which the ap~->licat as
to be'allomed to put forward his case (Art. 5). After this the file was
to be sent to the Niriistry of Finances and Public Credit, which
was to give a definite decision in agreement with the IIinistry of
Foreign Affairs. Yet no decisiolt hed beengivelt when, 07s13 jzily
1949, the Legislative Decree No. 630 p1aced the law and procedrire
of expropriation on a ne\\. footing.

Procedwreu~iderLegislative Decree630 oj 13 JuEy 1949
70. The Legislative DecreeXo. 630 of 13July 1949 was a measure
of consolidation and codification. It abrogated al1 previous legis-
lation in the same field siid deslt with a great variety of matters
arising out of the liquidation of war measiires (Coiintermernorial,
Annex 39).
Among its moçt important iniiovations was an enurneration of
the coiiditions in which expropriation on grounds of their owner's

enemy status was to he perrnissible (Arts. 7, IO).It also provided
for a nurnher of stated esceptions (Art. 17).
71. The procedure was regulated in Articles 39-48. The Procu-
rator-Geiieral \{,as to continue (Art. 40) to exercise the powers
conferred upoii hirn by the Governmental Decree 3138and the
Legislative Decree 114 (above 69). AI1applicants in pending pro- REPLY OF THE GOVEKSJIEST OF 1.IECHTESSTEIS (14 VI154) 403

çeedings-as disti~ict from completed proceediiigs (Arts. Ir, 45)-
who 1r:ishedto avail thcmselves of the excentions vrovided in Art17
were to submit a iiew application for exemption from exprupri-
ation (Art. 42).This application was to hcmade within fifteen days
after the Legislative Ijecree had corne into force (Art. 42). Thcre-
~ipoii the evidence was to be taken within 15 days (-4rt. 42). A
similar procedure applied in the case of measures of expropriation
initiatecl after the entry into force of Ilecree 630. After a hcari~ig

lastirlg three days, a decision was tu bc givcn (Art. 47). -4ppcal in
t\vo stages :first to the Administrative Tribunal, and then to tlie
Supreme Court of Cassation, was provided (Art. 47) Howcvei,
before a second üppcal ta the Court of Cassation was to be admis-
sible, the appellant w:is to deposit a security varying from ZOO to
2,000 Quetzales according to the discretion ofthe Court ofCassation
(Art. 47). If the appellant loçt his appeal, this sum \vas to he
forfeited (Art. 47).

Oecisio~ttinder Legklntive Decree 630 oj 13 Jzily 1949 :
Proceedings46

72. In accordancc \vith Article 42 of thc 1,egisiative Uecree G30,
Mr. Karl Heinz Nottebohm, as the legal representative of Mr. F.
Nottebohm, rcriewed on IO August 1949 his "opposition" uiider
Proceedings 46, which took the form of ail application for escmp-
tion by virtuc of Article 17 of Decrec 630 (Mernorial, Annex j,
para. 43) No decisioil under Decree 630 of 13 July 1949 hns to
date heen given in Procecdings 46, which concern the bulk of
the cxpropriated assets of Mr. Nottebohm.

Proceedit~gs IQ~
73. On the othcr hand in the proceedirlgs concerning the pIan-
tations Guatalbil üiid Morazan, which theGovernment of Guatemala
had introduced a second time (above para. js), a negative decision
was given partly on matcrial and partly on forma1grounds, namely

that the certified copjv of the power of attorney given hy
Mr. Nottebohm \r7asiiiadrnissible.

74. This decisior1ilvagiven either on 18 Dccember 1951 or on
20 December 1951 (Annex 22, p.502). It may be a mere coinci-
deiicc that on1.7Liecember 1951,hy an application dated IO Decem-
hcr 1951 the Government ofLiechtenstein had institutcd proceedings
in the Iiirernational Court of justice, of ivhich fact the Government
of Guateinala was informed by cable. In fact, the Governmeiit of,
Liechtensteiii, iia note dated 24 October 1951, had informed thc
Guatemalan Govcrnme~it of its intention of hringing the crise
before the Court, in the absence of any rcply to their previous note
of 6 July rggr.On Sand 30 November 1951 urgent communications
passed between the Guatemalan departments concemed pressing
for an carly decision (hnnex 22, p. 501). AS a resiilt a decision

27404 REPLY OF THE GOVEREjJlENT OF LIECHTENSTEIIZ (14VI1 54)

was handed down which eIuded any cIear determination of the
merits of the case ancl relied partly on a point of procedure, the
nature of which was characterized above (55).
75. The purpose of these tactics of the Guatemalan Government
iç clear, Ingiving a decision, it intended to place upon Mr. Notte-
bohm the onus of exhausting the legal remedies set out above
(para. 71). On the other hand, by withholding any decision \\:hich

was not exclusively based on the merits, it soiight to precllide the
Government of Liechtenstein as long as possihlc from any lawful
cornplaint against thc application of the esprol)riatioil legislntioii
to the property of Mr. Nottebohm.
76. HowelFer. the decisioii in Proceedings rog carinor assist the
Government of Guatemala. The plea that the local remedies have
not bcen exhausted cannot lie iii respect of decisions which are

rendcred after an application has been filed in the 'international
Court of Justice.

77. The Government of Liechteiisteiiisut~mits thereforc that
the plea that thc local rcmedies were not exhaiistcd iniist f:til in
face of Proceedings 46 aird109 on the ground :

(i)that in Proceedings 46 no decision \vas renderecl lvhich
Jlr. Nottebohm could or was obliged to impugn b~,menns of
the rcmedies available to him at law (above para. 71) ;
(ii) that in Proceedings log the decision was rendered after thc
application had heen filed bg;the Goi:ernmeiit of Licchtcristeiii
in this Court.

D. Ofjter Aemedies nlleged to have beett nvailnble

78. Thc Government of Guatemala coiitciids that, as regards the
measurcs of esproyriation and sequestratioii, a nurnber of remedies

not so far considered were available to 3lr. Nottebcihm and that these
remedies were not exhausted (Countcrniemorial, paras. 46-52)-
'The alleged remedies are :
(i) the procedure of "opposition", followed by an appeal to
the Administrative Tribunal and then to the Suprcme Court.
prescribed by the Legislative Decrec 114 of 22 May 1945,
in conjunction with the Govcmmental Decree 3138 of
23 August 1945 and, suhsequently, by Legislative Decrec 630
of 13 july 1949, Art. 47 (CountermemoriaI, paras. 49-j~) ;

(ii) the general proccdure of administrative appeals available
in Guatemala by virtue of the Law of Administrative Jiiris-
diction of 28 September 1936 (Countermemorial, para. 46) ;
(iii) the special procedure of review on the ground that the
Constitution of Guatemala has beeii violated, laid down REPLY OF THE CO\'ERShlEST OF 1.IISCHTEXSTEIS (14 VI154) 405

by the Legislative Decree No. 1539 of 18 May 1928 (The
Law of Protection) (Countermcrnorial, para. 47; Annex 21
of this Reply) .

Why then did Mr. Nottcbohm notavnil himself of this plethora of
modes of judicial relief ? Here again, thc Govcrnment of Liechten-
stein labours under certain difficultics, since the Government of
Guatemala has failed to inùicaby whom, at what time and against
which measures these remedies shoulcl have been employed.

The procedttreO/ o$$osition zcnder C;ovensnre~staDecree 31.78 rznd
LegisZnliveDecreesIT~ and 630
79. Governmental Decree 3138 and the Legislative Ikcrees 114

and 630 regulated the special procedure which was applicable in
cases of expropriation affecting enemies and persons on the Biack
List. This procedure was examined above (paras. 67-72).In so far as
the main Proceedings 46 are concerned, notice of opposition was
lodged in accordance with Articles 36, 43,44 and 47 of the Legisla-
tivc Dccrec 630, but no decision urasgiven at any time. Thereforc no
opportunity ever arose to appeal either to the Administrative Tri-
bunal or to lodgc a further appeal tothe Supreme Court of Cassation.
In Proceedings 109,touching Guatalon and Morazh, on the other
hand, a decisioii was given either on 18 or zo December 19-51.As
shown above (para. 76) this decision may be disregarded onthe ground
that it was reached after the present application had been lodged
with the International Court of Justice. However, apart from this
forma1 or procedural objection, the Ciovernrnent of Liechtenstein

contends that there are two reasons why Bir.Nottebohm could not
be expected or required to have lodgcd fiirther appeals in this matter.
These reasons must noxv be examined.

LMizitsO/Local Kemedies Rde
80. Now it is a fundameiital principle of International Law that
local remedies need not be exhausted where there is no effective
rernedy (Fznnislz Ships Case, z R.I.A.A., p. 1484 at p. 1495 ;
Annz~al Digest,rg-33-34, Case No. gr, at p. 235 ;Freeman, Inler-
~zationalRes$o.nsibilitofStates for DenialojJustice (1g38j,pp. 423,
427, 431 ; Borchard (1934 28 A. J.T.L. 732). There is no effective

remedy "when the decisiori cornplained of has been given in pursu-
ance of ail unambigrious municipal criactment with the result that
there is no likelihood of ahigher tribunal rcversing the decisionut-
awarding compensatioil" (Oppenheim, I nter?zationalLaw, 1 (7thed.,
1948), 11.327, para. 162a ;Freeman, Denial oj Jltstice, pp. 403-55).

SI. Xotv whe!l Proceedings 109 werc concluded in Decembcr
1951, the espropriation of so-called encmy proyerty \vas governecl
bp the Legislative Decree 630 (Countermemorial, Annex 39) asan~ended by Legislative Decrccs Xo. GSg (Counter~iieriioriai.
Annes 40), 30. 763 (Countermcmorial. Annes 41) and No. 811
(Countermemorial, Annes 42).
In order to understand the rnca~iingand purport of thcse decrees.
it is iiccessarv to revic\v bricfly the coriditioils and mode of applica-
tion of the measures of cspropriatio~i from the time of their iiitro-
diiction in1944.
82. The first legislativc nicasiire of cspropriatiois to be found
iiiGovernmental Decree 3115 of 22 June 1944 (Countermernorial,

Armes 28). This al~plied to al1 pcrsons of Germa11nationality who,
ou7ingto their fina~icialinfluence constituted a latent danger for the
Repiiblic or for the security of the western hemisphere (Art1).The
Covernrnental Dccree 30. 3134 of 14 August 1944, Article I (Coun-
termernorial, Annes 30), extended expropriation to the propertyluf
persons on the Black List q~id of al1 cnemy nationals within the
~neaniiig of Governmental llecree Eo. 26j5 of 23 December 1941.
Art. 40 (Countermemorial, Annes 25). This included al1nationals of
countries at war with Guatemala or thosc who were linked hy legal
or political tiesvith the i~istitritions or officiai agencies of cnernj.
coulitries. -411thcsc decrees were enacted during the absence of
Mr. F. Xottebohm and of his legal represt:ntative in the U.S.A.
'TheLegislative Decree Xo. rIq of 16 May 1945, Art. g (Countcr-
mernorial, Annes 351, restricted thc right to lodge "op~iositions".
0ii1y persons who were not on the Black List at the time of the
Ilecree or were not nationals of any of the countries at war with thc

United Nations, were to erijoy tlie right to Iodge an "opposition".
provided, inter alia, that they had never dcalt with persons or lepl
entities on the Black List and could prove that they had never been
suspected of any activities detrimental to the democracies. Al1
these measures were consolidated by the Legislative Decree No. 630
of 13 July 1949 (Countermemorial, Annex 39),which is the Dccree
ciirectly in issue here, seeing that the decision in Proceedings ~og
\ras given in December rggr.

Legislative Decree Aio. 630
83. According to Art. 7 (a) and (c) ofthis Decree, as amended
b; the Legislative Decree No. 689, Art. 3 [Countermemorial,
-4nnex 40), enemy property included al1 propert~r owned inter
alin by :

(i) yersonç or entities who, on 7 October 1938, were natioiials
of a country with which Guatemala had beeii at war, notwith-
standing that such persons claimed that they had acquired
another nationality after 7 October 1938 (Art. 7 (a));
(ii) persons or legal entities on the Guatemala11 Black List
(art.7 (c)).

Included among Germans,, for this purpose, were all pcrsons
who, after 7 October 1938, had used a German passport or had REPLY OF THE GOI~EUSJIEST OF LIECHTESSTEIK (14 VI1 54) 407
described themselves as Germans in an officia1document (Legis-
lative Decree 689, Art. 3 amending Art. IO of the Decree Xo. 630).

The Governmeiit of Guatemala therefore rcgarded a German
passport as conclusive evidence of German nationality while the
same Goveriiment objects to a Liechtenstein passport as cvidence
of Liechtcnstciii nationality.

84. Exemytioi~ from the operation of this Ilec~ee could be
granted under Article 17 to those who could show that, although
they fell jvithiii the groups defined in Article 7 (a) and (c),
inter alza, they Iiad been permanent117 domicilcd in Guatemala
since 1933 and were still so domiciled at the time of the Decree
{i.e. on 13 July 1949) and had not been absent from Guatemala
continually for more than two years l.

Sj. Mr. Nottebohm had been a German national on 7 October
1938 ;his name figured on the Black List and hc waç no longer
domici1ed in Guatemala on 13 July 1949, but in Liechtenstein.
These facts wcre uncontroversial. Thus he fell bvithin the ambit
of Article 7 fa) and (c) and, by reason of his inclusion within
the class defined in 7 (c), he could not claim the yrivileges of
exemption iinder Article 17 of the Decree 630. Nor could any

doiibts ariçe whether the.Decree 630 was applicable in the particular
circumstances of his case. The Decree is unambiguous. In the
face of uncontroversial facts, which attracted unqueçtionably the
application of Decrce 630, no appeal to the Administrative Court
or to the Supreme Court on the ground that he was a national
of Liechtenstein, a neutral State, could have çucceeded.

86. The Govcrnment of Guatemala acknowlcclges this fact
when it states :
"La régularité des expropriations faites iie parait pas pouvoir
faire de doute" (Countermemorial, paras. 76, 77, 72).

37. It is precisely in these circumstances that the rule recalled
above (para. 80) applies. In face of an enactrnent in unambiguous
terms of the Articles 7 and IO of the Legislative Decree 630.
no higher court could reverse the decision given in Proceedings 109.
Consequently, $Ir. Xottebohm couid not be reqiiired to exhaust

the remedy of further appeals prescribed by -4rticle47 of the
same decree.
The substance of the cornplaint lodged hy the Government
of Liechtenstein is, therefore, not that Articles 7 and IO of the
Decree 630 were wrongly applied, but that provisions of this
kind were enacted a,t al1 by the Government of Guatemala. For
by including in the statutory definition of an enemy, for the

1The Government of Guatemala,havingexpellcd ;\Ir. Nottebohm refused
to re-admit hiin now treats the fact wastnot admitted and therefocon-
dcmned to cnforced absence from Guatemala formoretwoyearsas astatutory
basisfor\vithholding {rom him the posbenefits of Arti7.epurposes of expropriation, persons who posscsscd the nationality
of Liechtenstein, a neutral country, Guatemala violated .inter-
national law.

Relevance O! Precedents
88. Vainly does the Government of Guatemala attempt to show,
by citing and reproducing the decisions of the Administrative Court
and of the Supreme Court in the matter of Carmen Nottebohm
Stoltz (Countermemorial, Annexes jo and 51) that an appeal might
have met with a substantial measure of success. For Carmen Notte-
bohm Stoltz was a national of Guatemala and was not a national
of..any neutral or enemy country at any relevant time. Nor did
she come within the ambit of any other provision of Article 7 of
Decree No. 630. Having regard to these facts, the Legislative
Decree No. 630 was clearly inapplicable t,o her.

89. But even if the wording of Articles7 and IO of the Legislative
Decree 630 had permitted the conclusion that an appeal could have
been lodged with a reasonable expectation of success, a further
obstacle presented itself. Article47 of the 1-egislative Decree 630
required the deposit varying from zoo to 2,000 Quetzales,according
to the discretionary order of the Court,..before an appeal to the
Supreme Court of Cassation could be admitted. This sum was to be
forfeited if the appeal failed. This penal provision must be regarded
as a potential, but none the less effective, bar tothe filing of appeals.
This sum is al1 the more prohibitive where the proceedings involve
objects of small value. Proceedings 109, which are the only proceed-
ings in which this appeal could have been lodged, concerned onIy
the plantations Guatalbn and Morazh, the combined value of
which amounted to 18,000 Quetzales.

Plea ofViolation oj the Co?zstitutio~z

go. In view of these considerations, the requirement that al1local
remeclies must have been exhausted could not ordinady be insisted
upon. The rule of international law waiving thiç requirement (above
para. 80) where the decision complained of has been given in pur-
suance of an unambigilous rnuilicipal enactment with the result that
there is no likelihood of a higher tribunal reversing the decision,
applies without douht. However, in the present case the matter does
not rest here.

91. Article ryo of the Constitution of 1945 provides (Coontcr-
mernorial, .4nnex 15) :
"The Courts are competent to give judgrnents and to order levy
of execution of their judgments and to watch over the application

of the laws in al1spheres which fa11within their jurisdiction. The
ordinary courts and the administrative court may, in individual REPLP OF THE GOVERSMEKT OF LIECHTESSTEIS (14 VI1j4)405)

cases, pronounce by way of judgments of first ancl second instance,
and of cassation that any law or measure of the organs exercising
the other functions of government is inapplicable on the ground
that itviolütes the Constitution."
See also Article 55of the Constitution of 1879(Countermernorial,
hnnes 14).

92. It is self-evident that the enaçtment of a provision such as
that to be found iiiArticle170 of the Constitution of 1945 cannot
oust the rule of international law that the local remedies need riot
be exhausted if the statute is unambiguous and was correctly
applied to the facts. Nor does Article 170 of the Constitution
eliminate the riilc (above paras. 52, 53) that, where the claim is
predicated on the ground of an initial breach of international law,
the questiorz whethcr the local remedics have been exhausted must

be ascertained solely with reference to the sliegations advanced
by tlie claimant's State.Irishort, the forma1 existence of a remedjr
cannot avail the rcspondent State if the facts of the case and thc
teiior of the enactment which was applied exclude any reasonablc
expectatiori that the decision comylained of can be reversecl on the
ground that >Ir. Nottebohm \vas a national of Liechtenstein, a
iieutral Statc.

93. This principle is as valid where the appeal is based on the
ground that the Constitiition has-been violated as it is vaiid wheii
in normal circumstances the appeal allcges that the la~vhas been
misconstrucd, or has been wrongly applicd to the facts (above,
paras. jz, 53). 111short, an appeal on the grouiid that the Consti-
tution has been violated must be attcnded hy a reasonable expec-
tation that the clccisioncomplained ofcan bc rcversed on theground
of the particular allegations advanced by the claimant's State.
Conversel!?,the existence of a clear rulc of the Coristitution sanction-
ing a measure of the kind which is prima facie applicable, or the
absencc of a rule prohibiting it, must rule out the need to appeai
on the grountl that the Constitution is violated.

Relevunt Provisions O/ (he ConsIifzrtio?r

94. Tt follows froin the foregoing that iiithe preseiit case the
yroblem whether the legislation concerning the expropriation of
eiiemy property is compatible with the Constitution can only
arise in connectioii ivith two questions :
(i) ivhether the Coiistitrition of Guatemala permits or prohibits
the expropriation, iii time of war, of the property of neutral
nationals, ori the ground that they are criemies according to

Guatemalaii law ;
(ii) does the Coiistitution of Guatemala establish the priinacy of
international law (like, for instance, -4rticle25 of the German 410 REPLY OF THE COVERSUEST OF LIECWTESSTEIS (14\'II54)
Constitutioii of 1949) ? If it did, it ïvoiild folloïv that the

legislation espropriating neutral nationals in time of \var on
the grouiid that they are enemg:aliens according to Guatemalari
law, uroiild be invalid on the ground that it is contrary to
international Inw.

95. The rclcvant provision of the Coiistitutioii of 1945 is Arti-
cle92 (Cuui~tcrinemorial, Annex r5), which superseded Article 28
of the Constitution of 1879 (Countermemorial, Annex 14).
-4fter providing that private property may oiily be espropriated
agairist previous payrneiit of an inde~nnity for public purposes
(Art.92 of thc iicu'Constitution;ZSof the old Constitution) or for
social puryoscs proïred according to Iaw (Art. 92 of the iiew Consti-
. tution), both Constitutions deal tvith espropriatioii in tiine of urar.

96. The Constitution of 1879 merely stated that in time of war
no previous indemnity nced be paid, \Vhile retaining this rule as a
general principle, the Constitution of 1945 üdded, in Article 92 :
"In case of war, enemy property may he sequestered and, if
expropriated, paymcnt of an indemnity may bc postponed until
the date \vheii the war is ended. The procedure of espropriatiori
dshallbe determined by a law."

97. The prohleni is, therefore, whether Articles 7 (a) and (c),
ro and 17 of the Legislative Decrec 630 of 13 July 1949, which
provided the legal basis of the decision in Proceedings 109, violate
Article 92 of the Constitution of 1945. Articles 4 aiid II of the
Legislative Decrec 630 sanctioiied the paymeilt of an indemnity
in accordancewith Article 92 of the Constitutior;the only question
to be exainiiied is, therefore, whether Articles 7 (a) and (c), ro
and 17 of the Legislative Decree 630, which clefiiie as enernies
yersons on the Black List and perçons who were enemy nationals

on 7 Octoher 1938, violnte Article 92 of the Coiistitution.

98. Articlc 92 of the Constitution does ilot itself determine the
criteria for the purpose of ascertaining who is aiiencmy national
and thiis lcaves it to the legislature and the executive to adopt
theirowii. Itcanizot be saide ,ither, that, for the purposes of inuni-
cipal law generally, a uniform standard of enerny character has

been developed and that this standard is irnplicit in the word enemy
as employed iiiArticle92 of the Constitution of1945 .his standard
may Vary from enactment to enactrnent, according to the purpose
of the individual legislative measure. Thus ithas been stated :
"Any definition of an alien enemy ...should state clearly the
point of view from which the matter is approachecl" (hIcNair,
Legul Eflects oflYar (3rd ed.,xgqs),p. 38). REPI,ï 01;THE COVERSAIEST OF LIECHTESSTEIS (14 \.II54) 411

This practice can be traced in the legislation of many countries.
For instance, in the United States
"a decision declaring that an srresteci person is aiialien enemy
within thc mcüning of the Alien Eriemy hct.Fer se may ha\-e no
bearing upori the legal status of that alien enemy and ofhis property '
in this country aiid iipon questions arising thereurider under the

Tradii~gxvith the Enemy Act" (Ilornke, Y'rariing with theErrevvtyiîi.
LVorEdTVarII (r943), p. 74).

Tests O/ Eitenty Charncfer

99. Ordiriarily, the tests for dbtcrmining encmy chnracter are
ilationality, residcnce (McNair, loc.cit.), personal or business associ-
ations as evidence of loyalty (Domke, op. cil,, pj~) or inclusioii
in the Rlack List (British Trading with the Eilerny Act, 1939 ,.(2)).
Thus the selectioii, by the Guatemalan Legislative Decree No. 630,
of the circumstnnce that a person uTason thc Allied Hlack List as a
criterion of enemy character could not bc regardcd as :Lviolation of
Article 92 of the Guatemalan Constitiitinn, since it is not inconsist-
ent either with the express forrns of that Articlc nor with the

generally recognized ~~rinciplesof law in this fieldIt is sigiiificant
that the Goveriiment of Guatemala has not becn able to cite a single
case in which a pcrson of neutral or Guateinalan nationality ïrho
figiiredon the Black 1-ist, bas been able to ohtairi the release of his
yropcrty on the ground that Article 7 (c) of the Legislative Decree 630
is unconstitutioiial. This is all the niore sigiiificant since inch-
sion in the Black List kvas made the criterion of cnerny charactcr
11otonly in oiie, but in several Guatemalan decrees. The criterion
was in fact aii objccti\re one \$.hichlcft the authoritics no discretion
which could he iinpugned by way of appeal ;Governmental 1)ecree

hio. 3138, Art. IO, 3 (b) (Countermemorial, Annes 39) ; see also.
Legislative Ilccrec No. 1x4, Art. 9 [Counteriiieniorial, Arinex 351 ;
seéalso Covernmental Decree No. 2601, Art. I (Countermemorial,
Annes 22) ;Governmental Decree No. 2702, Art. I (Countermemo-
rial, Annes 26) ; Govcrnrnental Decree 30. 2789, Art. r (Counter-
mernorial, Anncs 27). The clear \r,ording of Articlc gz of the Con-
çtitutioii precludeç any possibility of a complaint on the ground that
a person on the Black List is not an eriemy.
In fact, the coinplaiilt of the Governrnent of Liechtenstein does
not arise on the ground that &Ir.Nattebohrn \vas regarded as an

enemy for certain purposes follo~vinghis iiicliision in the Black List.
Instcad, it üriscs from thc circumstances that, beiiig treated as an
enemy, his property was expropriated, as the Constitution permits.

Primncy O/ InlenratiorralLaw

roo. The Governrnent of Liechtenstein contciids that even if
Mr. Eottebohm \vas an enemy according to Guatemalan la\v utitI!
the result tlint his property hecame liablc to expropriation, theesyropriatinn of his propcrty constitutes a brcach of iriternatioiiaI
law.
Mr. Nottehohm may have been a statutory eiiemy iii Guatemala
for certain purposes of supervision. Nevcrthcless Iic was a national
of a neutral State and, in ço far as international laur is concerned,
was entitled to the respect and protection of his property. This
respect and protection was denied to him by the Legislative
Uecree No. 630.
The substaricc of the complaint of the Govcriiinent of Liechteri-
stein is thcrcfore that the Legislative Dccrec No. 630, inits oper-
ation upon &Ir.Nottebohrn, violated internatioiial law. ,411-appcal
on the groiiild that the Constitution was violated in conscquence of
the expropriation, as cnemy, of the propcrty of a iieutral iiational,
would havc had a reasonable expectatioii of success only if the Con-
stitution of Guatemala had containcd a provision to the effect that

Guatemalarr lcgislation violating international lawisvoid. Hocvever,
no such provision is tobe found iii the Coristitutioii, anai-iappeal
011this grourici \vas doomed to fail at thc hegiiiiiiiig.

Releva~tceoJ Precedenf
101. In support of its contention that nii nppeal could have bccn
lodged with a rensonabie expectation of success, the Governrnent
of Guatemala cites the judgment of the Supreme Court, dated.

16 October 1951 n the Caseof Ezcling(Countermemorial, Annex 52).
However, the ground of appeal on which the piaintiff there
sticceded was that he had been denied a Locus sfalidi in his character
of heir to liis father, whose propertwaç the objcct of espropriatio~i
proceedings. The question whether the enemy expropriation legisla-
tioii was compatible with the Constitution Ras thus iiot in issue at
all.The fact that expropriation proceedings gave rise to the par-
ticrilar complaint ofMr. Euling is yurely inciciental.

ioz. Thc Govcrnment of Liechteristciri coiicliides that in the
face of an enacimeiit such as Article 92 of the Constitution of 194 j

rio higher court could reverse the decision in Proceedings 109.
Consequeritly, Mr. Nottebohm could not and caniiot now be
required to cxhaust the rernedy of furthcr a~rpeals prescrïbed in
Article 47 of the Legislative Decree No. 630 in conjiinctio~~ witli
Article 170 of the Constitution of 1945.

103. But the Government of Guatemala also contends that the
general procedurc of administrative appeals provided for in the
Law of Administrative Jurisdiction of 28 Septemher 1936 (Counter-
tnemoriat, para. 46, and Annex 18)was open to Mr. Nottebohm.

However, thc Gnvcrnrnent of Guatemala again fails to state bywhom, against what admi~iistrativc decision and at what tinie
the appeal provided for in this laiv should have been lodgcd.
The Govenimcnt of Guatemala has failed, moreover, to explain
whether, and if soto what extent,the general procedure of adminis-
trative appeals could he esercised,at any material time, in addition
to the special procediire of "opposition" provided b'rthe legislation
dealing with the expropriation of enem): property, especially by
Article 47 of the Lcgislative Decree No. 630 (above, paras. 67-72).
The Goirernment of Liechtenstein denieç that the two procedures
of appeal could undcr Guatcmalan law be followed concurrently.

104. Accordirig to the Law of 28 Selitember 1936, administrative
proceedings may lx brought withi~i 7 days to impugn the acts of
oficials (Art. 7). 'l'hc complaint is submitted to the competeiit
Minister who tnust givc a dccision within one rnonth of the receipt
of the file (Art. 7(2)).If the complaint is directed against an act of
the Minister himself, he inust re-examine his previous act (Art. 7
(3)). Failure of the Ministcr to decide a complaint is deemed to
constitute a refusal to rcvicw the act complained of (Art. 8).
Thereupoil aii appeal may he lodged to the competent court by
riieans of ail adrniriistrativc appeal (Art. 9).The appeal must concerIi

eifhera defiilitivc decisioii in the esercise of administratipowers
mhich affects a legally recognized right or an administrative
decision which violatcs iiidividual rights recognizeby law, providcd
that the decision was taken as the result of a general rncasure ivhicli
itseIf is in breach of that laiv (-413).

ïûj. The question to 1x2considcrcd is at what ti~nc and agaiilst
what measures the admiiiistrative appeal shouid have been lodged.
Tt inay he recallcd that the great majority of acts of expropriation
affecting the interestç of Mr. Nottehohm were initiated in 1944
and 1945 when he and his tcgal representative were ititeriied.

Thus Mr. Nottebohrn was prevented until 1946 from lodging any
administrativt: alilieal just as he was preventcd from lodging any
"opposition" hy the proccd~ire laid down in the decrees dealiiig
with the expropriation of thc ~iropcrty of enemies (above para. 60).
Consequently, no charge that the Iocal remedies were not eshausted
owing to a failure to lodge ail administrative appeal can bc broiight
in regard to this period (:lbovc para. 62).

106. Immediatcly upon liis return froin internme~it, Jlr. K.
H. Nottebofini, acting as the legal representative of Mr. F. Nottc-
bohm, fiIednotices of opposition in accordance with the procedure
laid down in thc dccrces dcaling with the expropriation of enemies414 REPLY OF THE GOVEKSJIEST OF LIEC.HTESSTEI?: (14 VI1 54)

ailcl sdded further notices of opposition ivhcn this \vas required
hi lam (above, paras. 68, 72).
If the Government of Guatemala shoiild conterid that according
to Guatemalan lait- 3 claimant must hring two or even more concur-
rent appeals in different jurisdictioiis if hc ivishes to make sure
that he ohtains justice somehow or snmemhere, such a notion of
the need to exhaust local remedies is not in accordancc with that
acknoivlcdged in international Iaw.
Indeed, it may be argued that, had air. Nottebohm taken the
course nomrsuggested by the Governrnent of Guatemala, he would
have laid himself open to the charge, levied agairist him elsewhere
(Countermemorial, para. 56), of having employed delaying tactics.

Administrative .4$$eaZsin P~oceedirtgs46 and 109

107. Since no decision was given in Proceedings 46, no occasion
could arise to employ the procedure of administrative appeals for:
the purpose of reversing an administrative act. In so far as Proceed-
ings ~ogare concerned, a decision waç given. However, no appeal
against this decision was rejuired for the following reasons which
were set out in detail above (paras. 73-76, roz) and will be sumrnal
rized here: In the first place, the decision in Proccedings 109 wjs
given after the application had heen lodged in the International
Court ofJustice by Liechtenstein. III the second place, the decision

in these proceedings was given 011the strength of a law (Legislative
Decree Xo. 630), the unamhiguous wording of which excluded any
reasonable expectation that a higher court ivould reverse the
decision, whatever process of.appeal was adopted. In the third place,
the equally unambiguous wording of the Constitution excluded
any reasonable expectation that the courts ivould declare Articles 7
(a) and (c)and 17 of the Legislative Decree Xo. 630 invalid on the
ground that they vioiated the Constitution of 1945.

IO!. The complaint of Mc. Nottebohm was not, and the corn-
plaint of the Government ofLiechtenstei~i is ~iot,it miist be repeated,
that Giiatemalan la~v \vas wrongly applied. The complaint arises
from the fact that the terior of the Guaternalaii legislation expro-
priating enemy property included the yroyerty of Mr. Nottebohm
on the ground that he was on the Allied Black List, notmithstanding
that he was from 1939 onwards a national of Liechtenstein, a
neutral State, and thus violatcd international laiv.

Procedurewnder Law No. 1539 (The Lazu O# Proéectiorz)

109. The Government of Guatemala contends, finally, that
an appeal could have been lodged in accordance with the Law
NO. 1539 of 28 May 1928. (Countermemorial, Aiinex 16-belotv
Annex sr)-the Law of Protection, This law provides relief against
administrative and judicial acts ivhich infringe private rights
protected by the Constitution (Art. I(a)) and enables thecompetent K13PLY OF THE GOVERSAIEST OF 1,IECHTESSTEIS (14 YI154) 415

court to dcclare, in individual cases, that a law, decree or order
is not applicable in the yarticular circumstances.

Afiplictibility-Subsidiary Remedy

110. The Goverriment of Liechtenstein contends, in the first
place, that X,a\v No. 1539 is inapplicable, having regard to S. 27
(b) of the Law which pravides :
"The recourse ofprotection caniiot be lodged ...(b) in admiiiistra-
tive matters, where the relevant lanvsauthorize appeals."
It is undisputed that in the present case the Legislative Decrec
-30. 630 provided the speciai procediire of opposition, follou~edby
the appeals enumerated in S. 47 (Coiintermernorial, Annex 39).
Consequently, the general procedurc in virtue of the Law of Protec-

tion coiild not he employed while the former is still pending.
Absence O/ G~oltnds

IIr. The Government of Liechtenstein coiltends, in the second
place, that cven if the procedure under Law No. 1539 had been
availablc, the exhaustion of remedies provided by that law could
not be required for the following reüsons :Applications under this
law must be based .on the ground either that the applicant was
deprivecl of his rights guaranteed by the Constitution (Art. I (a))
or that in the particular case, a law, decror administrative measrire

isinapplicable. However, it was showii above (paras. 95-102) that
Articles 7 (0) and (c) of the Legislative Decree No. 630 (Counter-
mcmorial, Aniies 39) do not violate the Constitution and thst the
relevant ai-ticles of the Legislative Ilecree No. 630 were corrcctly .
ayplied, given the undisputed fact that Mr, Nottebohm was placcd
on the Black 1-ist.

112. IIItliese circiimstances, no reasoiiable espectation could be
entcrtaiiied thclt the courts would reverse the decisian of the corn-
petent Rlinister given in Proceedings 109, and >Ir. Nottebohm could
not bc reqiiired to exhaust a forrnal remedy which, having regard to
the iinambiguoliç wording of Article 92 of the Constitution (Couri-
termernorial, Annex 15) andof Article 7 (a) and (G) of the Legisla-
tive :I)ecreeNo. 630 (Counterrnemorial, An~ierr39), could ]lot be
substüritiatcd materially.

113. As regards the iinprisonmcnt and subsequent detentioil of
Xlr. Notte1,ohrn iri the Gnited States, the Governrnent of Guatemala
contends that >Ir. Nottcbohrn shoiild have resorted to the remcdies
akailablc to hirn iinder the Law of 2s September 1936 co~iccrnitig
Administrative Procedure (Counterincmorial, para.46, andAnries 18)or under the Law of Protection No. 1539 of 2s Xay 1928 (Counter-
mernorial, paras. 47, jz ; ilnnes 16; below Annex 2.1).
TT4. This contention is unfounded. When BIr. Nottebohni was
arrested on 19 November 1943,he was given no opportiinity of com-
municating with his legal advisers, but was handed over to United
States authorities in Guatemala (Mernorial, para. 12). He was thus
cffectively prcveiitcd from taking any steps. Moreover, the Govern-

ment of Guatemala adrnits that Mr. Nottebohm would have bee~i
interned and detained in any event, even if he had lodged an aypeal
against his detention (Countermemorial, para. 73).In these circum-
stances it is unnecessary to examine whether the exhaustion of thcse
rernedies would have becn accompanied by effective redrcss.

II j.The Government of Liechtenstein concludes

(a) as regards measurcs of expropriation taken against Mr. Notte-
bohm :
(i) that during the lieriod from 1944 until 1946 Mir.Nottebohm
was not rcquired to exhaust the local remedies since he and
his legal rcl)rescntatives were physically prcclilded from
exhüusting them ;

(il) that during the period after 1946 &Ir.Xottehohin wüs nut
requircd to cxhaust the local rernedies,
(a) in Proceeciings 46, since no decision \vas evcr given
against which appeal could be brought,
(b) in Yroceedings 109 seeing that

(na) the decision was giveri after the application had
bccn filed hy Liechtenstein in the Internacioiial
Court of Justice,
{bb) the uiiambiguous wording of the Legislative llecree
Bo. 630, Articles 7 (a) and (c) and 17 and of
Article 92 of the Constitution of1945 excludcd any
reaçoiiahlc expectation that a higher court would
rcversc the decision on the ground, which forms
the substance of the yresent comylaint, that the
cxlx~priatio~i of Mr. Nottehohm, a national of a

rieiitralState, ws contrary to international law ;
(b) as regards meastires of imprisonmelit and detcntion taken
against blr. Nottcbohm, that he was physically precluded from
exhausting the local remcdies aiid that,on the admission of the
Govcriirneiit of Guatemala, the exhaiiçtion of the local remcdies
\ç-ouldhave been of no avail to hirn. Part V. The ï.reri!r?te?ttf the Persorand of the PvoPertyof
MY. ilioffeboitrn

216. The Governrncnt of Liechtcnsteiri has nou7 completed its

rcply to that part of the Guatemalan Counterrnemorial which
raises objectioris to admissibility Liechtenstein's claim before this
Court.
The Govc~niiieni of Liechtenstein ~lillno\v therefore turn to reply
to the Countermcniorial on the merits and will deal in turn with the
issues raiscd by thé treatment of Nr. Xottcbohm's property, by the
treatment of his person, and finally by the claim for damages.

il. ï'he Pvoperty

Ge~ieral Obseruaito~ts
117. Thc Govcrnment of Guatemnln contends that the expropri-
ation without adequate and effective compensation of Mr. Notte-
bohm, a national of a ncutral State, wns justified in time of war on
three grounds which bear no relation to each other.
It contends, in the first place, that belligerents are entitled to
expropriate the property of neutrals without adequate compença-
tion (Coiintermernorial, paras. 60, 61, 62, 67, 68).

It contends, in the second placc, that the expropriation was
justified on the ground that Mr. Xottcbohm \vas a German national
(Countermcmorial, paras. 63, 68,70, 76, 78-87).
'Thc Government of Guatemala contends, in the third place,
that the eupropriation.was justified as rmeasure of agrarian reform
(Countermemorial, para. 69).
These hcterogeneous submissions are supportcd by a number
of u.nconnected arguments which must he examined in turn.

(a) Nezllral Property dzwing Wav
1r8. The Government of Guatemala contends that no claim for*
damages cari arise in respect of tlie treatrrieiit of neutral property
in time of war, including expropriation, if the measures were takeri
in good faith, upon reasonable grounds and without discrimination
(Cjuntermernorial, para. 59).

119. The Government of Liechtenstein does not co~itest that
neutral property may be affected, in time of \var, in case of military
necessity (;l.lcmoriaI, paras. 57-66), in the exercise of the right of
requisition (Mernorial,para. 61) oi-,tn limited extent, if thc neutral
o\trner rcsidcs in eiiemy territory, aiid o~ily as long as a state of
war esists (;\leinorial, para. 62). However, it is not disputed that no
case of military necessity arose (Tvlcmorial,para. 61 (b)),that the
Governmcnt of Guatemala did not purport to requisition thc pro-
yerty of Alr. Nottcbohm, that if it hacl doric so, the mcasure would
have bccn discriminatory (hIcmorial, para. 61 (6)) a1ic1that Mr. Nottebohin did not reside in enemy territory (blernorial,
para. 62 (c)).Morcciver, as far as the last possihility is conccnied,
the propcrty was not released at the conclusion of hostilitieç, as is
required by iiiternatioiinl practice (Mernorial, para. 62 (c)).

Yractice of States
120. The Goveriiineiit of Guatemala secks to support its actions
11. assertioiis that Belgium, Fraiice, Great Britain and the United
States have adhcred in their legislatioii to the principle, adopted
by the Government of C;iiatemala and set out above (para. 118),

that the mcasures, ii~cluding expropriation, takcn against r-ieutral
propcrty, arc lawfiil according to international law, if they were
takeri in good faith, iipoii reasonablc grounds and without discriini-
iiatioti.
-4llied LegislafioitaflectingiVelrfraEProperty 2îtlYorld War II

121. The Governinent of Liechtenstein is iiot awarc of ilil!-
legislation of this kind in the States riamcd by the Govcrnment of
Guatemala, iior has that Government identified any such legisla-
tion. It is true that, during the war, the property of neutral owners
was nffected hy the legislation conceming Tcadiiig witli the Enemy,
but the purport and effect of this legislation is limited.

Li~rzitsoj l'rndz'izgztifh the Enenty Legisiafiort ratione personae

122. Nodern Trading with the Eilemy Legislatioii restricts
itsclf, iii sofar as the person of the owner is concemed, to indivi-
dualç who are resident in enemg: territory or who reside in neutral
territory, but are trading with the enemy.
017 the other haiid, modern Trading with the Eiiern): Legislation
never affects enemy nationals or neutrals as such who are resident
iii the country of the beiligcrciit himself. For this reason alone
the legislation of Giiateinala purportiiig to treat the yroperty of
.a resident neutral individual as enemy property is contrary to the
practicc of States.

Linziis of Trading 7e1itthe EizerityLegz'slatio?rtatione inateriae
123. ln the sccoiid place, inodern Trading with the Enemy Legis-

lation restricts itselfto matsures of a temporary character which
are required by the esigencics of war. Thesc exigencieç are to deny
the eriemy acccss to poteiitial econornic resources and to esclude the
resiirgencc of cconomic peiietration by the eiiemy after the war. For
these purposes ttvo types of measiires are employed. Enemy pro-
pert!; may bc frozcn or sequestered.

LiqztidufiorioJ E izen~yProperly
124. Contrary to the contentio~i of thc Goverriinerit of Guateinala
(Countermeniorial, para. 63), no u~icquivocalrule ofcustomarv inter-
iiatioii:~llaw esists which permits the confiscation of assets owiied HEPI-Y OF THE GOVERXSIEST OF LIECHTESSTElS (14 VI1 j4) 419
1)y ciieiny nationals, whilc hostilitics are stiiiiprogress (Oppen-

lieiin, I?itentationLaw, II (.... th c1952)~ para.102, p. 326; Hyclc,
[+zternationaZLaw, III (2rid cd., 19461, pp. 1735 ff .J. B. Moore,
Harvard La= Review 50(1934), pp. 395,421 ; Turlington, Alnerican
Joztr~zalof Inter?talio~aELaw, 36 (1942)~p. 460 ; Sommerich, ibid.,
37 (1943)~1).j8at 11.69 ;Borchard, ibid., 37 (1943)~p. 92).

Liqttidntiorralid Pence fietities
125. The conteritiori that no customary rulc of inter~iational larr
is c.stahlished which permits the confiscatio~i of assets owned l)y
enerny natioiials diiring hostilities is borne out by the yractice of
States. It is significant tliat the YeaceTreaties concluded at the end
of tlic First and the Second World War contain exprcss and detailed
clauses \?hich emponrer the victor to liquidate tlic property of eneiny

nationals (Trcaty of Versailles, Art. 297(b), and Annex paras. r, 2,
4, g ;Treaty of Peace with Italy, 16 February 1947 , rt.79 (1)-( 4)
'Trcaty of Peace with Ralgaria, IO Febnrary 1947 A,rt. 25; Treaty
of Pcace \vit11Huiigary, ro Febrtiary 1947 ,rt.29 ; Treaty of Peacc
with Roumania, Art. 27). On the other hand, where iio liquidatioil
of the assets of eIïcmy natioilals is envisaged. the treaty is silent
(sec Treaty of Peacc with Firiland, IO February 1947, Art. 27).
lt is thus clcar that the licluidating States ofethe opinion that,
as regards üssets owned by enemy nationals, a treaty is requireci
to justify the espropriatioii without adequate niid effective com-
]?e~isation.

Compe~rsaiiionn?td Pence ï'reuties
126. At the same timc, the Peace Treaties coricluded after the
17irstaiid Second World Wars coupled the provisions perrnitting the

victars to liquidate thc üsscts of the nationals of the vanquished
State with a provision imyosirig upon the latter the obligation to
cornpeiisate his own rï:itionals. Thus the principle was preserveci
that private property is not to he expropriated without adeqriatc
coinpensation.

127. So far it has becil shown that no rule of customary intcr-
natiorial!au- exists which permits the expropriation, without ade-
quate and effective comperisation, of assets belonging to enemv
iiatioiials. But where assets belonging to neutrsl iiationals are con-
ccrncd, the prirlciple is clcar (cf. Littauer, YaleLaw Joz~r?zaE 52
(1943 7)39, 761).Even if thcse assets should have been subject to
cotilrol or sale during tlic \var owing to the fact that, technically,

thc neutral owner was to he treated as an eriemy during the war
iii corisequence of the Trading with the Enemy Lcgislation (abovc,
para. 1221, these assets cannot be liquidated.
The Distribution of German Enerny Property Act, 1949, enacted
13yGreat Britain, serj7es to illustrate this aspect.S. S of this Act
2s 420 REPI,\- OF THE GO\:ER'iYEXT OF L1ECHTEXSTI:IS (14 \.II54)

provides that the liquidation procedure affects only the assets of
"(1) any individual who \vas a German on or after 3 September
1939 and (i) \vas incliided among the perçons syecified in any order
made under S.z (2)of the Trading with the Enemy Act, 1939 ...."
[z.etvho were on the BIack List],

Conclusion

728. In other words, only the property of those perçons on
the Black List was to be expropriated who were enemy iiationals
(see also the legislation of the United States cited h5- Rishop.
. Haretard Law Raiiew, 52 (1948-49) 721 at p. 752). On the other
hand, the sequestered assets, or the proceeds of the sale of such
assets, bclongiiig tu iieutral owiiers, miist be retiirned to them after
the war : Bank voov Hnndel v. Slatford [19j3j r Q.B. 248 ; Kazcflnnjt
v.Société I~zter~mtionale(1952 343 U.S. 156. The rcason is obvious.

The purpose of liquidation is to esclude futurc economic penetra-
tion by the enemy, not by neutrals. Moreover, thc purpose is iiot to
punish the individual owner. While the victorioiis Statc can and
does impose upon the vaiicluishcd State the obligation to compen-
sate his 01)-nnationals, no such obligation can or may bc imposed
upon a neutral State. To cxpropriate a neutral national now and to
promise him-a promise lacking in fact iii BIr. Sottebohm's
case-an uncertain amount of compeiisation to bc fixed by a future
Peace Treaty to be coiicluded at an uncertain date is not adequate
and effective compensation. Thus the liquidation of the assets of a
neutral would amount to an unjustifiecl and undisguised predatory
action (Mernorial, para. 62). Once the war is over, the praperty of
neutral nationals cannot be liquidated in good faith, upon reasonable

grounds and without discrimination. In the face of the practice
of international law, it cannot be done in good faith. In view of the
conclusion of hostilities there can be no reasonable grounds. In the
absence of wholesale expropriations of the property of al1 neutraIs
and al1 nationals alike, there mut, of necessity, be discrimination.

129. The Governmcnt of Guatemala refers tu a number of reso-
lutions adopted by Inter-Arnerican Conferences (Countermemorial,
para. 61), butto no purpose. For, in the first place, these rcsolutions
cio not hind Liechtenstein. In the secorid place, they authorize
only the sequestration and sale of assets, but not ü final liquidation
after the war without adeqiiate and effective compensation.

(b) Emmy Natiolzality of !Wr. Nottebohiia
130. The Goverilment of Guatemala says- that the espropri-
atioriof Mr. Nottebohm was justified on the grouiid that he was
an cnemy national (Couiitcrmemorial, paras. 63, 68, 70, 7j, .76,

78-87).It thus takes up an argument which it had already developed
on its contention that the Government of Liechtenstein was not
entitled to espousc the claim of Mr. Xottehohm on the groundthat his iiaturnlization in Liechtenstciii is invalid and that hc is
still only a German national (Countermemorial, paras. 84-87) or
that he retained his German nationality upon acquiring that of
Liechtenstein (Coiintermernorial, paras. 78-82).
131 The Govcri~ment of Liechtciistciri contends that Mr. Nottc-
bohm haç not rctained his former Germari nationality and that hc

possesçes and possessed exclusivelp the nationality of Liechtenstein
at al1relevant times. The facts and the legal grounds on which this
contentioii is based were set oiit nhove (paras. ~j-48) and necd not
be repeatcd here.
Itniay be, as the Government of Guatemala maintains (Counter-
mernorial, para. 70),that the choiccjiiArticle 7(a) of the Leb~slative
llecree No. 630 (Countermemorial, Annex 39) of the date of7 Octo-
ber 1938 as ü critcrion for determining enemy nationality, wss not
deliberatcly desig~ledto cover the inclividual casof Mr. Nottebohm,
but those German nationals who were also Guatemalan natioiials
(Gavernmcntal Decree Ko. 2153 of7 October 1938 ;Countermemo-
rial, Annex zo, abrogated bp the Lcgislative Decree No. 281 of
26 September 1946, Countermemorial, Annex 37). Nevertheless,
.Article7 (a) of Decree Ko. 630, being unqualified in its terms, does

in fact includc the case of Mr. Nottebohm. It \vasthus faulty, and
the Government of Guatemala cannot shelter hehind the statute,
however innocent its intention may have been.
It is only iiecessary to point out in this connection that the Govern-
ment of Liechtenstein fails to perceive the relevance of the iega1
argument to bc derived from the authorities cited by the Goveril-
ment of Guatemala. These serve to show only that according to the
domestic law of England, though nnt according to that of Germany.
a dual national cannot divest himself of his British nationality iii
tiine of war (fieyberger's Case [1917] 2 K.B. 129, 139 ; Gschwind v.
Hztjzti~igdon[I~IS] 2 K.B. 420) ; that according to the law of the
United States a national may bc deprived of his nationality for
disloyal statements ( U.S. v. Krainer, An~z~talDigest, 1919-1922,
Case No. 142)and that according to French law a person who servcd

in the Ariçtrian armÿ during the First World War could be treated
as a "ressortissant" of an enemlr State in virtue of the Peace
'I'reatiesof 1919.
(c) Agrarian Reform
132. Thc Government ofGuateiliala contendç, finally, that the

expropriation of the propertics of Mr. Kottebohm was lawful as a
measure of a far-reaching social and agrarian reform (Coiinter-
memorial, para. 69).
It must bc noted, hoxvever,that the agrarian reform in Guatemala
is hascd oii the Legislative Decree 30. 900 which bears the date
of 17 juiie 1952 (Counterinemorial, Annes 40). At this time, the
.measures of expropriation directed against Wr. Wottebohm had long
been carricd out, opposition proceedings had been pendiiig for sixyears, and an applicatioii hacl I)ee~ifiled by Liechtcnstcin iiithe
International Court of Justice. The Governinent of 1,iechtençtein
contends that a State is riot entitied, by the device of suhsequciit
legislation, to cloak witli the title of legality an- coiiipleted acts
which were initially coiitrary to international laivancl which were
already the objcct of a cornplaint iii the International Court at the
timc wheri the subsequcnt legislation was passed. Aloreovcr, the
property of Mr. Xottchohm which was affccted by the measures of
expropriation formiiig thc s~ibject of the preseiit cornplaint con-
sisted only in part of agricultural land. Finally, no previous i~idein-
iiity was paid, as is required by Article j of the Legislative llecree
No. go0 of 17 June 1952. The Governrnent of Liechtcnstciri coii-
cludes that the argument drawn from tegislativc I?ccrec No. 900 is

specious aiid rniist lx disregarded.

Arrest and Internmenl oj Ne~itral Nationnls-Conrpulibili/y witli
Internntio~znlLRZJ
133.The Governrncnt of Guatemala argues that tlie treatrneiit
of the person of neutral nationals by a belligerent is subjcct only to
the restriction that any mcasures of whatevcr ki~idaffectingthem
must be taken in good faith, and for justifiable reasoiis and riot be

discriminatory (Counterrnciiiorial, para. 60(1)).The mcasurc niiist
be justified by the requirements of the state of war aiid rniist 1x2
commensuratc to thcm (Cou~itermemorial, para. 62).
134.The Gri~~crnrnciit cifGuatemala thus denies thnt, subject
to the exigencies of war, the nationals of a neutral Stüte remaiii
unaffected h!. the outbreak of war and continue to he entitIed to the
mine treatmeiit to whicli nliens arc generallyentitled in the territor!.

of a foreign Statc (hlemorial, para. 34). In particular, the Govern-
nient of Guatemala cieriies, by implication, that in cases of arrcst
or detention nn sus~>icion,thase suspicions must bc vcrificd-b'.
serioils inquiry (Mernoria1,paras. 35-37).
135. The Govern~nciit of tiechtenstein cannot accept these
coritentions. It ohserves that the Govcrnment of Giiatemala has
been unablc to ~irodiicc any evidence in support of its asscrticins
in the face of the overwhcliniiig range of authorities to thecontrary,

adduced and relicd upori iithe Memorial submitted by the Crovcrii-
ment of1,icchtenstcin (Memorial, paras. 3j, 40, 4j, 46, 47, 48).
Inter-ifmerical1 Kesolr~ftottartciG?ratenznla~L aaw

136. Instead, the Goveriimetit of Guatemala rcfers to Kesolu-
tioii XX of the Special Inter-American Consultative Cornmittee for
the Political Defcncc of the Hemisphere. This recommends tliat all
dangerous nationals of the Axis Statesand of their satellites residing
in the \TTestern Hen~isphere should be detained for the duration of HEPLY OF THE GOVERSJIEST OF 1,IECHTESSTEIS (14\:II54) 423

the hostilities. For this yurpose the States participatiiig in the
. Conference were enjoined to employ the u7eapon of expulsion or
deportation, if need be ta another American Repiiblic (Counter-
mcrnorial, para. 61 (3)).
137. The Government of Liechtenstein, while obscrving that

this Resolution is not hinding upon it, notes that the Kesolution
refers only todangernus natinnals of the Axis and iiot to the nation-
nls of iieutral States. It riotes, in addition, that Article 13of the
Lcgislatii-c Decrec Xo.2655 of 23 December 1941 (Countermemorial,
Annex 25), which provicled the legal baMs for iiiternment orclers
made in Guatemala, purports to apply only to nationds of the
conntries with which the Republic is at \tsar and to Guateinalan
citizens, if their attitude justifies the suspicion that they are engaged
in activities which arc subversive or endsnger thc security of the
Nation and its institutions.

r38. Contrary to the contention of the Goveriiinent of Guatcmala
(Countermemorial, para. 66), the Government of Liechteiistein
siibinits that tlie omission to mention nationals of ne~itral States
in Kesolution XX of the Intcr-American Consultative Cornmittee
and in Article 13 of thc Guatemalan Legislative Decree No. 2655
is not fortuitous.Itis in accordance with the international practice
tu the effect that, in thc absence of proximate danger or of grave
suspicion substantiated hy proper enquiry, nationals of neirtral
countries must not he arrested or detained (Mernorial, linras34, 35).

Fouwdatiotrand Szibstnntiutioiz 01 Charges-In Geiternl
139. The Government of Guatemala has not attcinptetl to
allcge, let alone substantiate, either at the time of hlr. Nottehohin's
arrest, or in the course of the present proceedings, any reason for
grave suspicion that Mr. Kottebohm was engaged, or was likely
to engage, in activities dangerous tothe security of Guatemala and
of its Allies.

His birth in Germany, rnorc thari sixty years before, folloured by
thirty-eight yesrs of residencc in Guatemala, his former Germari
nationality, the fact that he had relations there (thoiigli ncither
descendants nor ascendants), that ris an import and export mer-
chant his trade, iii timc of peace, witli Gerrnany eclualled on17that
which he carried out with firms in the United States, thüt certain
German firnis had shares in liropertiesin which $Ir.Nottebohm was
interested, that in the course of tradc he discounted drafts drawn
by the German Legation and sold them either to German banks or
to the Chase National Rank of New York, dl these circumstances
are entirely inadeqtiate to found a charge of actual or potential
çiibversive activities.

140. Inclusion, at oiie timc or another, in the Allied Black List
cannot be regarded either as asuficient substantiation of the serioils 424 REPLY OF THE GOVERSJIEST OF LIECHTEXSTEIN (14 VI1 54)

cllarge of actual or potential, subversive activitics in Guatemala
or in the Western Hcmisphere.
The Allied Black Lists were ecoiiomic weapons lvhereby the allied
belligerents attempted to ensure that merchants and others in
neutral countries engaged in trade, legitimate according to inter-

national law, with enemy countries were deprived of any supplies
or assistance by perçons in allied territory. Inclusion in the list did
not constitute a charge of political or criminal activities in favour of
the enemy.

Renmvalfrorn the Black List
141. Moreover, the' procedure whereby a person rcsideiit in
I neutral territory was included in the Black List was naturally,
speedy and not ilecessarily accompanied by such cvidence as wrould
be required in ordiiiary proceedings. For this reason persons included
in the list were given the opportunity to establish their innocent
character. ThuS the British Government was prepared (Couiiter-:

mernorial, Annex j), and the Governrnent of the United States
eventually agreed (Mernorial. Annex 3), to strike the name of
Mr. Nottebohm off the Black List. The reason for this change of
attitude was that athorough examination of the books of the firm of
Nottebohm Brothers had disclosed the innocent character of their
trading activities (Memorial, Annex 5,paras. 35, 36).

Other Charges
142. The fact that after a thorough investigation the Govcrn-
ment of the United States released the Nottebohm interests iri 1950

(Memorial, Annex 3) takes the sting out of the charges contained
in a Memorandum of the Embassj~ of the United States in Guate-
mala, which is uridated but appears to have originated during the
War (Countermemorial, Annex 12). The Government of Liechteii-
steiri desires to state, however, that the letter, alleged to have beeii
written by Mr. Nottebohm, which was quoted in the report ,of
the Guatemalan aut horities iii connection witk Procecdings I 09
(Annes 22, pp. qgg-500), is a fnrgery, and that al1 the other
allegations against Mr. Nottebohm contained in the same report
are iiiitrue.

Dete?ztiorz..1he UlritedStates

143. The Government of Guatemala ccintends that, as regards the
detention'of Mr. Nottebohm after he had been handed oves to the
United States Forces in Guatemala (Memorial, para. IZ),the maniier
of the transportation to the United States (Mernorial, para. 131,
as well as his subsequent detention in the United States untii
January 1946 (Mernorial, para. r3), international responsibility, if
any, fdIs upon the United States (Countermemorial,paras. 67 (r),
74, 75'(1)).The Government of Guatemala contends, further, that
in thcabsence of any cornplaint by the Government of Liechtenstein REPLY OF THE COVEKSJIEST OF LIECBTESSTEIS (14VI1 j4) 425

\ in respect of the conditions of internment in the United States, his
detention in the United States must be regarded as a reasoiiable
measure on the part of the Governrnent of Guatemala, seeing that
equally favourable conditions of internment might not have heen
available in Guatemala (Countermemorial, para. 74).

144. The Go1;crnment of Liechtenstein cannot accept this argu-
nient. As a national of :L ~ieutral State, resident in Guatemala,
Mr. Nottebohm was eiititled to the protection of his liberty there;
subject to the limited exceptions enumerated above (Memorial,
paras. 34,35 ; above, paras. 135, 138) which were not in fact appli-
cable to hi5 case. The Government of Guatemala cannot shirk this
responsibility by an act of forcible deportation to a third State,
where Jlr. Nottebohm did not enjo the privileges of a lawful
resident, on the understanding that he would be detaincd there
(Memonal, paras. 42-49).

ilf a?tueO) Detenlion
145. Whilc the Goveriiinent of Liechtenstein reservcs the right
to cornplain of the manrier and circumstailces in which Mr. Notte-
bohm was deported to the Uriitcd States as a fact which, by itself,

attracts responsibilit!; in i~itcrnational law (Memorial, paras. 45-48),
these circumçtünces are primarily of significance in detcrminiiig the
amount of damages arising froin his illegal detention.
146. The Government of Guatemala contends that the circum-
stances of hardship suffered by Mr. iliottebohm in the course of his
transportation (Irle~norial,para13) have not heen provecl. Hotriever,
the Government of Guatemala does not deny that the journcy took
thirty days and that one hundred and fiftjr persons n7ereconfiiied in
a single room belo\v deck. These facts alone are suficieiit eviclence
of overcrowding and of great hardship visited upon an innocent

elderiy person who was not even an enemy.

147. Furthcr, the argument is untcnable (Counterinen~orial,

para. 66) that riationalsof neutral States are not entitled ton more
favourable treatment than the nationals of the State of residence
aiicl that, since the latter could be interned in virtue of Article 13
of the Legislativc Decree ;\'o.2655, the former could he trcated
likewise. In putting forward this argument, the Government of
Guatemala has failcri into the error of confusing the rule that,
norrnally, States cannot cornplain of rneasures which are applied
without discrimination to ~iationals and aliens alike with the
eritirely distinct rule that a State must strictly observe clearly
establishcà rules of international law in its dealings with aliens.
And in the subrnissio~iof the Government of Liechtenstein, inter-
national law prohibitç the arrest ariclinternment of rieutral national~
e~cept in the limited circurnstances and subject to the coiiditioris
set out ahove (para. 1.38; Memorial, para. 34). 148. Ili cffect, the Govcrnrncnt of Guatemala trcüted Mr. Notte-
bohm as a Gerinan cnemy national. Irideed, tlie Governinent of
Guatemala still asserts that he is a frcrmaii iiatiorial (Counter-
mcmorial. paras. 78-87) If, as thc Governrnent of Liechtenstein
has subrnit tcd (above, paras. 15-48),Mr. Nottebohin was exclusive-
\y a national of 1,iechteiistein at the outbrcak of the war betn.eeii
Guatemala and Germany, the Govcrnment of Guatemala cannot
escape its international responsibility for the nieasures of arrest
and detcntioii taken against him by contending that according to
internationai law enemy nationals and rietitrai nationals may he
trentecl alikc in timc of wnr.

Ahsence of Inquiry

149. The Guverniiicrit of Liechteristciii does iiot deny that iil
cases of grave suspicion s~ihstaiitiatetl by a propcr inquiry, iiationals
of neiitral couiitrics may lie arrested and dctained iiitime of war
(Memorial, paras. 34, 35 ;above, para. 138). Yet it is uridiçputed
tliat no iriquiry took place either before or after the arrest of
Alr. Nottebohm. Instead hl: was prevcnted froin cornrnunicating
with his legal adviscrs and was thus deprivecl of cvery opportunity
to test the legality of his tletcntion accordirig to Guaternalan law
hy initiating proccediiigs, or according to internatioiial la\\+ l>y
insistiiig uyon an inquiry into tlic validity of an- charges brought
against him. Nor would aiiy such yrocecdirigs or any such inquin.
however favourable its results, have been of niuch assistance to
Mr. Nottebohm, for the Covernment of Guatemala admits that he
would have beeil arrcstcd, detaii~ed and deported in any event
(Counterniemorial, para. 73).

Failzrreto re-admit

Ijo. 'TheGoveriiineiit of Guatemala contends that it \\.as entitled
to refuse to re-admit Jlr. Nottcbohm upon his release froni
internment (Coiintermernorial, para. 75 (2)). It states as the justi-
fiable rcason for this refusal the Recommendation of thc Inter-
Arnericaii Conference of 6 March 1945 inviting hmerican States
to take inensiires against perçons ivho \vere expelled for reasons
of Inter-Americaii seciirity and who are likely to endanger the
sccurity and well-being of the Ainericaii States in the future
(Countermeint~rial, para. 75(3)).

I5I. The Kecommendütioil, by itself, even if its relevailce in
international la\v were ~iilcontested, does not provide any justifica-
tion for the rcfusal to rc-admit hlr. Nottebohni. On the other hand,
it does lay clown the criteria in which circuinçtaiices the refusal to
rc-admit an expelled dien may he justified. The alien must have
beeri expellcd for reaçons of Inter-American security and mtist bc
likely to endanger thc sccurity and lrell-being of the Arnericail
States in the future. These grounds do not differ substaritially REPLY OF THE COl'EHS3IEST OF LIECHTESSTEIS (14 1.1154) 427

froni those ivhich, in the vicw of the Go\-crnrnciit of Liechtenstein
(ahove, paras. 135, 138, 149)~can alone justify thc expiilsion of an
alien. But as in the case of the deportation of JIr. Nottebohm, so
in the case of the refusa1 of the Government of Guatemala to
re-admit him, no evidence has hccri producecl whicii shows that
Mr. Nottehohm, an cldcrly merchant, and a ilational of tiechteri-
stein, was jiistifial>ly expelled for reasons of national security and
tliat he was cilciangering or could rcasonübly hc believed to be
endangering thc seciirity and wctll-heing of the Aniericaii Republics

in the futurc (sec ahove, paras. 139-142).
Tht Governrnent of Liechtenstein submits, therefore, that the
Governrnent of Guatemala has failed to substaiitiate its contention
that the refusal to re-admit Mr.Nottehohrn Kas jiistified ~vithinthe
framework of the caridit ions laid down bÿ the Kecommendations
of the Inter-Americari Conferencc of 6 March rg4j.

152. The Covcrniiient of Liechtensteiii çoi~cliides thereforc:
(i) that the arrcst aiid internment of nationals of neutral States
by a belligerent is not juçtified according to international law
in the absence of gravc suspicion substnntiated by a serious
inquiry ;
(ii) that no serious inquiry was instituted in the case of
Mr. Nottehohm ;

(iii) that the charges levelled ügainst Mr. Xottebohrn werc ilot
supported by any grave suspicion that Mr. Nottebohrn was
engaged, or was likely to engagc, iri activities clangerous
to the security of Guatemala and of its Allies ;
(iv) that the arrest and internment of nationals of iieutrül States
by a helligcrcnt is not justified according to international law
in virtiic of thc fact alone that nationals of the State of resi-
dericc arc suhjcct to the same ineasiires ;

(v) that tlic Goveriirnent of Guatemala, as the State where
Mr. Xottehohm, a national of Licchte~istciii,a neutral State,
resided, is res~ionsible for his deportatioii, i~icludingthe rnanner
and circumstances in which it \iras carried out, and for his
subseqiient internment in the United States ;
(vi) that, in the absence of aiiy evidence that >Ir. Xotrebohm,
a resident non-enemy alien of long standing, [vas justifiably
expelled for reasons of security and that he was endangering
or cauld reasoi-ialsly be believeto be endangcring the security
and well-beiiig of the American Kepublics, the refusa1 of the

Governmeiit of Guatemala to admit him is unjustifiable and
therefore illegal according tci internatioi~al law.428 REPLY OF THE GOVERShlEXT OF 1,IECHTENSTEIS (141'11j4)

Part VI. Damages

Damages for Unlawful Arrest, Detewtiori, Deportation and Refusnl
fore-admit illr. Nottebohm-Detenfion, Deportatioîz and Infernrnenf
ijzthe United States

xj3.The Government of Guatemala contends (Countermemorial,
para. 89 (3)) that no damages can be claimed against that Govern-
ment in regard to the detention, deportation and internment of
Nr. Nottebohm hy the Government of the United States. The
Government of Guatemala thus returns toit. .ontention. examined
above (para. 143) ~hat it isnot liable for the acts of detentiori,

deyortation and internment in so far as they were carried out by
United States authorities or in United States territory. The Govern-
inent of Liechtenstein rejects this contention aiid maintains its
conclusion, developed above (para. 144)~that the Governrnent of
Guatemala cannot escape liability for illegal acts of arrest, deten-
tion, deportation and internment by delegating its powers in this
sphere to the authorities of another State. The Government of
Guatemala is liable and, consequently, it is under the obligation
to pay damages. The Governrnent of Guatemala assumes wrongly
that the claim for special damages amounts to 20,ooo dollars.
The Government of Liechtenstein only claims zo,ooo Swiss francs
under this head (Memorial, para. 65).

Damages in respect of Sepestsred Estates-Interest

I54. The Government ofGuatemala coiiterids (Countermernorial,
para. ,go)that, as regards the revenuesfrom the sequestered estates
of Mr. Nottebohm, the Government of Liechtenstein is not entitled
to claim interest at the rate of 6 per centum. The Government of
Guatemala argues that the sums representing such income were
regiilarly collected by the enteryrises which prodiiced this income.
It contends, therefore, that these sums representirig incorne were
available to the beneficiaries, and that, consequently, the Govern-
ment of Guatemala cannot be required to pay interest in respect
of rnonies which were not at its disposal.

155, The Government of Liechtensteiri observes that the monics
in question were originally (from 9 October1941 onwards) placed on
blocked accounts in the name of the firrns which had heen placed
under coritrol (Governmental Decree No. 2601, Art. I ; Counter-
mehorial, Annex 22 ;Governmental Dccree No. 2789, Arts. I and z ;
Countermernorial, Annex 26).Ho\vever, subsequently (on-4ugust 14,
1944)~these blocked accoiints were expropriatecl (Governmcntal
Decree No. 3134, Art. I ;Countermemorial, Annes 30).Thus the
monies were originally piid to Mr. Kottebohm on biocked account
togcther with the interest whick had accrued while they were so

frozen, but he was not able to dispose of thcm, and thus hc nwer REI'LT 01: THE GOYERSlIEST OF I.IECHTESSTEIS (14 YI154) 429

collecteci thesc nionies in the proper incaiiiiig of the word. Finally.
thev found thcir way into the Guatemalan Treasury. After the
'~eirce No. 3134had corne into force ori 14 August 1944 ,he way to
the Treasury was direct. It follows that the Government is liahlc
for the interest which had accrued on the hlockcd account het\veetz
9 Octoher 1941 and 14 August 1944 and for interest on ail incoine

from espropriateci yropertics deri\.ed after their expropriation on
rd Biigust 1944,
Loss O! Revenrie
4
I56. The Covernment of Guatemala contends that the claiiii for
,300,000 S\viss francs as damages represeiiting the additional income
which, in the opinion of the Court, ~vouldhave been earned hy the
property if it had remained undcr the controi of the original owner
(Mernorial, para.71 (a)) is unfoiindediithe absence ofany evidcnce.
The Governmeiit of Liechtenstein obscrves that the sum of
300,000 Swiss francs must remain aii approximation (Mernorial,
para. 71 (a) ; Firial Conclusions (3)) as long as the Governrnent of
Guatemala fails to deliver an accoiint of the revenues of the
various est;ites. Once this account has heen rendered, it \vil1 be

possible, by means of the follo~~~inpgr:ocess, to assess the difference
between the actual yield and thatwhich coutd have been obtainccl
by Mr. Xattebohm :
The average annual yicld of coffee or siigar produced by the
particiilar estate (see Annes zo, col. 9).must hc multiplied b57the
pRce per quintal of coffee or sugrir prevailing at the time. The surn
reached by this process reprcscnts thc gross incorne which ccluld
have beeri obtnined bj.Mr. Nottebohm. From this gross income miist
be deducted the cnst of production ailcladministration which can be
ascertained if, and as soon as, n'Ir.F. Nottebohm is enabled to
inspect his hooks which are at present under the control of the
Government of Guatemala. This net siim iniistbe cornpared \vith
that reprcsciitiiig thc net income of the same estates under Govern-
ment administration, taking into consideration \var tax which had

beeri irnlioscd only upon the estates of \icrsanç an the Black List.
The differcncc betweeil these tn70 totals represents the sum due
rincier thc prcseiit head of claim. Thc Covernment of Liechtenstein
estimates this siirn to be in the iieighboiirhood of joo,ooo Swiss
francs.

Tf~lttO/ the Esfutes
157. The Governmeilt of Guatemala contends that the \,alues of
the various estates submitted by the Governrnent of Liechtenstein
(Mernorial,.4rincx4) are exaggerated. Tt nsscrtsthat a correct assesç-
ment can only he reached by relyirig.on the fiscal values (Countec-
mernorial, para. 93), as the 1)ecree ho. 630, Art. 25 does (Couriter-
mernorial, Anrlex 39). The difference, itwill be readily pcrccivcd,
betwceii thc values, as estiniatcd hy the Governrnent of 1,iechteti-stciii (Meinorial, :\iiiiex 4 and helow, .\nnex 20, col. IO) and the
fiscal values (Countcrmernorial, para. 93 ; nncl helow Annex 20,
col. II) is coiisi~lerahlc.

Fiscal Vnlue and ilfarket Value
158. Shc liscal value of landed propcrty in Giiateniala is hased
on assessmeiits inade in thc course of the period between 1930 and
1940 . p tu the date of expropriation iio re-assessments have taken
place. Instead, a latv of 1941 precludecl persons oti the Black List
from applying for n rc-assessrnent of fiscal values which had been

fixed at an enrlicr period. It goes \vithout sayinthat ariy re-assess-
ment of fiscal values following expropriation i~ifavoiir of the State,
and in the absence of the former on7ner, would not provide any
reliahle guidancc in assessing the market valiie.
The market value of the estates which produce coffee and sugar
must he ascertained hy calculating the average aiinual income,
taking as a basis the average yield (Annex 20, col. g), multiplied by
the price of coffee or sugar per quintal. For the purpose of this cal-
culation the Government of Liechtenstein has cstimated the current
pice of coffee per quintal at 50 dollars at the time when the claim
was presented. To-day the prices have increased by fifty per centum.

159. The Goveninlent of Guatemala contends, finally, that if
compensation were payable, it \vould have to he calculated by
reference to the fiscal values, in accordance with Article 96 of the
Law on Agrarian Keform (Legislative Dccree No. goo of 17 June
19j2 ;Couiitermemorial, Annex g, .Article96.)
The Government of Liechtenstein rejects this argunlerit for two
reasons. ln the first place, the Law on Agrarian Kcforrn was enacted
long after the acts of expropriation had trikeiiplace and when
Mr. Aottebohm was no longer the owner of any land which could
have heen expropriatcd under the Law oiiAgrarian Keform. In the
secoiid place, the Government of Liechtenstein affirms its previous
claim (Memorial, paras. 70-71) that, iii view of the illegal nature
according to international law of the measures of expropriation

taken against >Ir. Nottehohm, neither iiominal or üdequate, but
only full compensatioii in lieu of restitjttio in i~itegnintis the proper
measiire of damage adopted by i~iternationaf la\\;.
The I.rateretj Mr. iVoltebohminihe Firm oj ~\'oliebolarH i~er.rna~zos

160. The Governrnent of Guatemala denics that ail!; damages
can be claimed by the Government of Liechtenstein in respect of
$Ir. Nottebohm's share in the firm of Nottebohm Hermanos. In
support of this contention, the Government of Guatemala refers to
Article 18 of the Legislative Decree No. 630 (Coiintermernorial,
Annex 39).
Article 18provicles : HEPI-1' 01: THE GOVERKJIEST 01: I,IECNTESSTEIS (14 VI1 54) 431

"3otwithstariding the provision of the foregoing article fi.e. thnt
exemption from expropriation may be grarited in certain circum-
stances), no exemption can be allowed which affects immovable yrop-
erty, rights affecting land, or rights, shares or participations which,
in one forni rir another, reyreseilt immovüblc property or riglits
affecting land, if these assets forin part of the capital or of the
holdings of legal entities engaged in agricillture. fiiiance or banking
which are çubject to expropriatioii in virtue of the present law.

In addition, no esemption can be granted which affects sharcs or
partici patioris oany ki~~dnrhich represent legal entities engaged iii
agriculture, finance or banking which are çubject to expropriation
in virtuc of thc present law."

IGI. Iii the first place, the Goveniii~erit of Liechtenstein fails to
perceive thc relevrtnce of Article18 of the Legislative Decree No. 630
for the determination of the amount of damages due by the Goverri-
melit of Guatcrnala in consecluerice of atiinitial hrcach of inter-
national law.
In the second place, it is observecl that, by referring to Articlc 18
of the Legislative Decree No. 630, the Government of Guatemala
rcl-erts to thc question examincd abnvc in Part V (paras1. 18-131)
whether aily liahiliry arises i~iinteriiational law in consequence of
the espropriation on the ground of enemy character of Mr. Xotte-
bohm, a national of a neutral State, in accordance rvith ilrticlcs

7 (u) and (c), IO and 17 of the Legiçlative Decree 630 (Couriter-
memorial, Ari~ies 39).
162.The coticlusion was reached by the Government of Liechtcii-
stein that the legislative measiires in question were contrary to ,

international law. .4t the same time the Goveriiment of Liechten-
stein emphasized that its cornplaint does iiot arise from any charge
that the Guatemalan legislation was misapplied by the authorities
or that the legislatioii violated the Constitution (paras. j3,99, 100).

163. The complaint of the Goverrirncrit of Liechtenstein wbicli
forms the substance of the present proceedings is predicated prc-
cisely oii the grouiid that the legislation of Guatemala failed to
include provisions which exempted the property of nationals of
neutral States from expropriation on the grouiid of enemy charac-
ter. The Goveriimcnt of Gixatemalii canriot iiow attempt to cscalic
international responsibility by showirlg thnt iii the case of certain
types of asscts exemption from cxpropriatioii was exprcssiy
excliided hy statute. Tt is a rule of international law which is so
well estahlished as 11ot to require aiiy citation of authonties thnt
a Statc caiinot escape its responsihility in international la~v hy
sheiteriiig bcliii~d its domestic lcgislritioti.432 HEPI-Y OF THE COYERS3IEST OF T.IECHTESSTEIS (14 1'1154)

Cünclzuio~is
164.The Governmciit of Liechtenstein co~icludes, therefore, :

(i) that the Government of Guatemala is liable to pay darnages
iri respect of the deleiition, deportation and intcrnmeiit of
.. Xr. Nottehohm by the authorities of the United States.;
(ii) that the Goveriiment of Guatemala is liable to pay interest
at the rate of 6 per centum in respect of the moiiies repre-
senting the income of the seqilestered andsiibsequeiitly expro-
priated estates of &Ir.Nottebohm ;

(iii) that the Goveriinieiit of Guatemala is liahle to pay damages
in respect of the loss of iiicome from the expropriateci estates
of Mr. Nottebohm. This loss of iiicome consists of the differ-
encc betwecn the revenues which were in fact obtaincd by
the Govcrnmcnt of Guatemala and the notional iiiconie, calcu-
lated by refercnce to the average yield per annirrn of the
estates and to thc currcnt market price of the products ;
(iv) that the value of thc estates for the purpose of compensatiori
according to international iaw is the market value calculated

by referencc to the average incorne per anniiin which rniist
be ascertained in the maniier set out above (iii) ;
(v) that the I~rn on Agrariari Reform of 17 June 1g52 is inal,pli-
cable ;
(vi) that the prohibition of rcstitiitioii cnacted by Article 18 of
the Legislative Decree No. 630 cannot exempt the Goverii-
ment of Guatemala from Iiability under intcrnational law.

Final conclusion

May it yleasc the Court to hold and declare,
As to the pleas of noii-admissibility of the claim of 1,icchteiisteiii
in respect of bIr. Nottebohm : . .

(1) that there is a dispute betiveeri Liechteristein aiid Giiate-
mala which is thc sribject-matter of the application to the
Court by the Government of Liechtenstein and that it is
admissible for adjtidication by the Court \vithout fiirther
diplomatic eschanges or riegotiations betwecn the parties ;

(2) that the naturalization of &Ir. Nottebohm i~iLiechtcnsteiii
on Octobcr zoth, 1939, was granted in accordance with the
municipal Iaxv of Liechtenstein and was not coritrary to
international la\\ ; that in consequence >Ir. Nottebohm was
from that date divestcd of his German iiationality ; and that Liechtciistein's claim on behalf of Alr.Nottebohm as a national
of Liechtenstein is admissible before the Coiirt ;

(3) that thc plea by Guatemala of the non-exhaustion of local
reniedies by Mr. Nottebohm is escluded by the prorogation
in this case of the jiirisdictioli of the Court ; or alternatiaely
that the plea goes properly tiot ta the admissibility of Liech-
tenstein's claim on his behalf biit to the merits of that claim ;

(4) that in ang event Mr. Nottebohm exhausted al1 thc local
rernedies in Guatemala which he was able or required to
eshaust under the municipal law of Guatemala and iinder
international law.

As to thc merits of its clairn, thc Govcriiment of Liechteilstciii
~epeatç thc Final Conclusions set mit in its Mernorial at p. gr
and,with reference to paragraphs 2, 3 and 4 of those Final
Conclusions, will further ask the Coort to order, under Article 50
of the Statiite, çuch inquiry as inay he iiecessary into ttie nccoiir.it
of 1)rofitsand quantification of dnmngcs. I List of Annexes

-4. Di$lo??t~ztiCcor<e,sfiondet~ce
I. Interventioii of the Swiss Coiisiil iri Giiateriiriln on behalf of
F. Nottehohrn and others.
n. Keply by the Minister of Foreign Affairs of Giiatemala, dated
zo December 1944, to the Intervention of tlicSwiss Consul.

3. Aide-mémoire of the Swiss Legatioii itiParis, datcd ro August
1951 ,elatitig to reprcsentations made on behalf of Liechten-
stein.
.B. NatioizulilyO/ IMY.hTottebohnr

4. Estracts frorii the Nationality 1,aws of States providing for
Naturalization without previous Residcnce.
5. Applicritioii for Natiiralizationin Liechtcristeiri subrnitted011
9 Octohcr 1939 hy Mr. Notteli«hm.

6. Ccrtifcati: rclating to the acqiiisitiori of tlie citizensliip of the
Cornmunc of Uaure~i (Liechtenstein) h>r Mr. Nottehohrn,
dnted rG October 1939.
7. Statutory Declaration of Dr. 1,. Marser, Prince's Coiinsel,
relatiiig to the loss of German Nationality of &Ir.Kottebohm,
datcd 19 June Igj4.
S. Copy of the German Yassport of Air. Kottehohrn.

g. Statutory Ileclaration of Mr. Bottebohrn relating to his
character and his reiigious Denornination, dnted 9 October
'931)
ro. Certificnte relating to >Ir. Notteboliiii'ç Firiancial Statiis dated
(IOctober 1939.
rr. Instructions of the Governmerit of 1,iccl-itensteiri relating to
the Coiicliision of an Arrangernent rcgzirding 'Taxation dated
zo October 1939.

12. Certificute rciating to the Conclusiori of an Arrangement
between Mr. Nottebohin and the Revenue Aiithorities regarding
Liahility to Tasation dated 19 junc 1954.
13. Certificatc relating to the Papmcnt of Naturalization Fees
to the 'Treasury, dated 17 October 1939.
14. Extract froirithe Records of tlie Diet of I,ieclitenstein, Sessioii
of 14 Octoller 1939.
rj. Ccrtificate of Katuralization relating to Jlr. Nottebohrn, dated

20 October 1939.
16. Certificaterelating ta the Oath of Allcgiüricein Lieclitelisteili,
dated zo Octot~er 1939.
17. Certificnte of Nationality relatiiig to Mr. Nottehohni, dated
19 Octolier 1939. AS'iEXES TO KEI'LY OF LIECHTEXSTEIN 435
16. Letter from the Swiss Clearing Office,dated 24 July 1946,
relatingto the status of Mr. Nottebohm.

rg. ~ertific-aof the Senate of the Free aiid Hançetown of Ham-
burg, dated 13 June 1954, relating to the loss of German
Nationaiity by Mr. Nottebohm.
C. Ex$m+riatioia Assets of MY. iVottebohm

20. Iievised List of tiieExyropriated Assets of Mr. Nottebohm
and, sa faras is known, the Date on which they were seized,
the Date of their Final Expropriation, of any Appeal (oppo-
sition), their present and theirfiscalValues.

D. hatemalan Documents
21. LegislativeDecree Kumber 1539 of the 18 May 1928 (Law
of Protection), asproduced by the Government of Guatemala.
22. Cùpy ofthe documents filed inProceeding Nurnber 109. ASSESES TO KEP1.I. OF LIECHTEKSTEIS (50. 1)
436

Annex r

INTEKVEETION OF THE S\VISS CONSUL IN GUATEMALA ON
13EH.4Tal;OF Mr. F. XCYi-1-EBOHM AXD OTHEKS

l351.322 Am. 12
B 51.322 Am. 30
B 51.322 Am. O
I;F. 2366

Dear Ministcr,
1 have the honour to address myself to your Escellency iri order to
make the following declaration, relating to the Decrees of the Government
of Guatemala which provide for the confiscation of the property of
nationals of the Nations which are at war with the Kepublic and of
those persons whose names are includecl on the Rlack Lists, although
they.are riot subjects of the saidN at'ons.
I have the honour to bring to the attention of your Excellency tliat
Switzerland regards the Black Lists as economic measures whicli, in
its view, cannot be applied agaiiist citizeiis or nationals of neiitrnl
cou~ltries, not belligerents, in circumstances in which the person or lcgal
entity has not violated the local law or international law.
llfyGovernment, anxious to avoid that the rightsof its subjects aiid
of the subjects of the Principality of Liechtenstein, whose interests
abroad are representedby S\vitzerland, should be detrimentally affectecl,
.
has instructed me to inform your Escellency that the names of two
Swiss citizens and of one national of Liechtenstein figure on the 13lack
Lists, namely
...,..,.,*,,,,...........

Frcderico Nottebohm, a national of Liechtenstein, a partner in the
firin of Nottebohm Brothers, who was moreover deported to the
Uiiited States of Arnerica. . .
My Government is of the opinioii that, if the espropriatioriof the
yroperty of the said persons is to be recogiiizby the Governnierit of

Switzerland and that of Liechteristein, which it represents, the said
persons must be judged and convicted in accordance with the laws of
Guatemala and the expropriation of tlieir property ~nust be carried out
in accordance with the law and as a consequence of the criminal acts
which these perçons should have committed.
1 beg your Exceilency to take cognizailce of the observatioiis made
above and to favour me with a reply to tliis note in order to enable me
to inforrniny Government in this important matter.
Thanking you in advance for the attention which your Excellency will
give to this matter, which jt undoubtedly deserves, given the desire
which animates your Government always to maintaiii and to strengtiien
the ties of friendship with Switzerland1 take thisopportunity to sign.
myself, etc.
(Signedl Roberto FISCHER,
Consul.
To His Exceiiency The Minister of Foreign Affairs
1-icenciado Don Enrique ?Ilunoz Rleany. KEPLY OF THE MINISTEK OF FOKEIGY AFFAIRS 01; GUATE-
MALA,DATED 20 DECENBEK 1944, TO THE INTERVENTION

OF 'THE SWISS CONSUL

Ministry of Foreign Affairs
of the Kepublic of Guatemala.

No. 16317 Guatemala, 20 December 1944.
Classification:032(494-00)

Dear Consul,
I have the honour toacknowledge the receipt of your Note, Humber
FF. 2366 of Ij December of this year, wherein you refer to the appli-
cation of the Expropriation Decrees, which were recently issued, by
the Governrnent of Guatemala, to Xessrs . . .. . , . .. Frederico
Nottebohm.

As regards Mr. Nottebokini, I must inform you that, although as a
rnatter of courtesy it was notecl in his certificate of inscription[asan
alien] that he had acquired the nationality of Liechtenstein-in view
of a passport which hc produced-international law does not accord
to any Government the power to naturalize aliens who are habitually
resident in another State. For this reason this Government cannot
recognize that hlr. Nottebohm, a German subject habitually resident
in Guatemala, has acquired the nationality of Liechtenstein without
changing his habitua1 residence. .. ..

Thus it isnot a question of punishing criminal acts according to the
laws of Guatemala-which do not include expropriation as a penal
sanction-but sirnpl~ra natter of taking measures which further the
collaboration of this liepublic in the cornmon war effort of the United
Nations and which fulîil the \.arious Inter-American agreements for
the safety and deience of this contjnent.
1 takc this opportunity of renewing, etc.

(Signedj E, MUNOZ MEANY.

Sefior Koberto Fischer,
Swiss Consul,
Ciudad. ANNEXES TO REPLP OF LIECHTE'JSTEIS (~10s3 ET 4)
438

AIDE-MÉMOIRE OF THE SWISS LEGATION IN PARIS,
OF ro AUGUST 1951, RELATING TO REPRESENTATIONS
MADE ON BEHALF OF LIECHTEXSTEEK

Swiss Legation in France.

The Federal Authorities have repeatedly drawii the attention of
thc Government of Guatemala to the case of the national of Liechten-
stein Mr. Friedrich Nottebohrn. The assets of Mr.' Nottebohm have
in fact been seized by the Giiatemalan authonties on the ground that
the interested party is alleged to be a national of an enemy country.
However, &Ir. Nottebohm acquired the nationality of Liechtenstein
a considerable time before Guatemala entered the war against Germany.
The Federal Authorities would welcome it, therefore, ifthe assets
of Mr. Nottebohm were releasedwithout delay for he,too, ia n;ttional
of a country which remained iieutral diiring thentire period of the
last conflitt.

Paris, ro -4pril rgjr.

EXTRACTS FROM THE NATIONALITY LAWS OF S'IATES
PROVIDING FOR NATURALIZATION WITHOUT PKEVIOUS

RESIDENCE

NaturalizatiolawithoutPrmious Residenceif in the
intere oftthe Stnte
Ausfria : .Federal Law No. 255of 30 Juiy 1925 (Flournoy and
Hudson, A Collectiot~of Nationality Laws (1929),

P. 18)
Art. 4. The granting of proviricial citizenship to
foreigncrs can oiily take place in the case of
applicants who :
4, Have for at lest four years had their
ordinary residence onfederal territory. The
fcderal government can, however, make an
exception to this requirement in individual
.caçes if they designate the grant asin the
interest of the Confederat'ion.
France : Ordinance of 19 October 1945

Art. 64. Tlieremay be naturalized without fulfilling
the requirements of residenc.... -4NSESES TO REPI-Y OF LIECHTESSTEIS ('io4) 439
(9)an aiien who has rendered exceptional
services to France or whose naturalization
is in the syecial interest oFrance. In this
case the decree of naturalization mas only

be granted after the agreement of the
Conseild'Etat has been obtained, following
a reasoned report of the Garde des Sceaux,
Minister of Justice.
Hwtgary : Law 60of 30December 1948
The >finister of the Interior mziy naturalize
Art. q.
any rion-Wungarian national
(a) wlio has had his permanent residence in
Hiingary withoiit interniption for three
years prior to making his (her) appli-
cation....
Art. 6. Tlie Government on application made 11ythe
party and on proposa1of the Minister of the
.Interior may also naturalize in default of the
requircments set out in paragraph (a) of
Article 4 hereinabove any such non-Hungarian
national who is living in Hungary or wants to
settle in thiscountry if his(her)naturalization
is motivated by çubstantial intcrests of the
State.

Netherlnnds: Law of 12 December 1892 (Flournoy aiid Hudson,
1). 441)
Art. 3. Dutch nationality bÿ natiiralizationshall be
acquired on the coming into force of the Iaw
by ivhich this shall haire been granted.
Art. 4. Naturalization may also be granted for reasons
of State interests. In siich cases. Article 3
shall not be of application.
The Act by which this is granted regulates,
in evcry çuch case, the conditions attaching
ta such naturalization.

PJomay : Nationality Act of 8 December 195,O (U.N. UOC.
El2164IAdd. r) (Textes Ligislatifs Eknngers, 1952,
NO. 1, p. 107)
Art. 6. The King, or the authority the King empowers
thercto, may upon application issue a certifi-
cate of citizenship to an alien, provided the
applican t :

r. is not less than 18 years old ;
2. has resided in thiscountry during the lat
seven years ;
3. has shown good conduct ;
4. is able to support himself and his family.
An applicant who has previously been a
Norwegian national may be granted nation-
ality cven though he does not ftilfil the said4.4' ANSEXES TO REPLI' OF 1.IECHTEI;STEIF (BO. 4)

conditions. The same applies io an applicant
who is married to a Norwegian national and
lives with the spouse, or in case other special
reasons make it appear reasonable to grant
nationality. The condition inentioned in the
first paragraph under a inay be dispensed with
also in other respects, when the applicant is
a national of eithcr Uenmürk, Finland, Icelarid
or Sweden.

Snuds'Arabi~r : Nationality Regulations, 1938 (British and ~orei~is
Sfate Papers, Vol. 142, p. 803)
Art. 9. Saudi Arabian nationality may be conferred
by Royal decree on any petitioner from whom
any considerable gain to the Saudi Arabian
Kingdom is eupected.

Sapeden: Nafionality Act of 22 June 1950 (Textes Législutils
Etrangers, 1gj2, No. 1, p. 127)

Art. 6. The King in Council rnay upon application
confer Swedish citizeiiship iipon (naturalize)
an alien ïvho
I. has attaincd the nge of eighteen years ;
2. has been doniiciled in Sweden during the
last seven years ;
3. is of good character; and
4. is able to support himself and his family.
Saturalization may be granted even though
the conditions laiddown in the first paragraph

of this article are not fulfilled if it is found
ta be of advantage to Sweden that the
applicant should be granted Swedish citizen-
ship, or if the applicant has formerly possessed
S~vedish citizenship, or if tlie applicant is
tnarried to a Swedish citizen, or if, having
regard to the applicant 'scircurnstances, there
should otherwise be special reasons for his
E-ieinggranted Swedisli citizenship.
If the applicant is a Danish, Finnish, Ice-
landic or Norivegiati citizen the requirement
stated in sub-paragraph 2 may be waived
even ifno other special reason should exist.

Thaala?cd: Sationality Act, R.E. 2495 of 3r January 1953
Sec. g. Any afien may apply for naturalization who
I. has beconle sui ~ZLY~Sunder tlieThai law
and his own Iaw ;
2. is of good coi~duct and is substantiaIly

occupied ;
3. has taken up residence withiri the Kingdom
for an iinintcrrupted period of not less
than ten years to the date of applying for
naturalization ; 4. has such knowledge of the Thai larigurigeas
prescnbed by BIinisterial ReguIations.

Sec. IO. The provision of Section 9 (3) shallnot apply
if the applicant
1. has ~ierformed a distingiiishcd servicc to
Thailand ; ....
lirziguay: Constitutioii of 24 March 1934;29 Novcmbcr 1942
(Peaslec, III, p. 391)

Art. 66. The following have the right to legal citizen-
ship :
A. Foreign married men and womeii of good
conduct, who possess some capital in cash
or property in the country, or areengaged
iii some scientific, artistic. or industrial
profession, and have resided habitiially in
tlieRepublic for threc years.
B. Foreign men and women of good conduct,
unmamed or manied with wives or hus-
bands not residing in the Hepublic, who
fulfil any of the reqiiirements in the '
preceding subsections and have hahitualiy
resided in the country for fivc years.

Ç. Foreign men and women wlio obtain
special permission from the Assembly on
account of notable service or appropriate
merits.
The yroof of residence ~nust be founded on a
public or private document of proven date.

Afghanistufi: Nationality Act of 8 Novembcr 1936 (British aitd
Foreign Stute Pafiers, Vol. 140, p. 303)

Art. 7. Foreign subjects remaining in the service of
the Governrrient of hfghanistan abroad for a
~criod of fiveyears, or rendering outstanding
assistance in matters relating to the public
interests of Afghaiiistan during that penod,
will, on submitting the requisite application,
be accepted as Afghans and Afghan subjects
without regard to the period of residcnce
laid down in Article 9.
Belgizrm : Law of15 Nay 1922 (Flournoy and Hudson, p. 31) as

modified hy Law of ïj October 1932, Art. 3 ;Royal
Decree of 14 December 1932,
Art. 12. 111order to obtain final naturalization, one
iiiiist :M2 ANBEXES TO REPLY OF I.IECHTESSTEIS (SO.4)

(1) Ue fully twenty-five years of age.
(2) Have resided for at least ten years in
Belgium or in the Colony. This period is
reduced, liowever, to five years for a
foreigrier mnrried to a woman of I3elgiali
origin or for the widower or divorced
hiisband of a woman of Belgiaiiorigin bjf
whorn he lias one or several children, and
for a foreign-born woman who marricd a
Belgian.

Final naturalization may be granted, without
additional conditions, for appreciable services
rendered the State or the colony.
Brtrrna: Union Citizen Act, 1946 (U.N. Doc. E/z164/.4dd. IO)
Art. 13. A person who lias served honourably at any
time in the .4rmed Forces of the Union for
a period or pcriods aggregating three years,

may be naturalized if the petition for natu-
ralizatiori is filed while isstilin the service
or within six months after the termination
of such service, upon full compliance with al1
the requircments of this Act, with the follow-
ing exceptions :
(i)no notice of intention shall be required ;
and
(iino reçidence within the Union shall be
required.

Ec~~~do :r Constitution of 31 December 1946 (Peaslee 1,p.680)
Art. II. The following are Ecuadonans by Xatura-
lization :
(a) Those who have obtained Ecuadorian
nationality from Congress for having
rendercd service to the country.
Law No. 160 of 1950 on Egyptian Nationality (Journal
E~YPL :
Oficiel du Couverne?nen dtgy#tienKo. 21 of 15 hfarch
1951) .
Art. 7. Naturalization can be accorded by a special
law to an alien who, ïvithout having satisfied
the conditions set out inArticle j, shali have
rendered eminent services to the State. It can
equally be accorded by decree to those related
to the Royal family and to heads of the
Egyptian religious cornmunities.
Eirr : Nationality Act No. 13 of 193.5 (Public General Acts

'935, P- 173)
S. 5. (1)The Executive Council may, if and when-
ever they so think proper, cause a certifi-
cate of naturalization to be issued under
this Act to any person or to a child or
.grandchild of any person who, in the opinion of the Esecutive Cauiicil, has donc
signal horlour or rendered distinpished
service to the Irish Nation.
(2) The Executivc Council may authotize the
Minister to dispense, in relation to the
issue of a certific;ite of naturalization
under this section, with compliance by
the person to whom suc11 certificate is
issued with al1 or such one or more as
the Executive Council shall think proper
of the conditions which are by virtue
of this Act conditions yrecedent to the
grant of a 'certificate of ~iaturalization.

FYG/IC C Ordinance of 19 October 194j

Art. 64 (a). See above, Part 1.
Greece : Law No. 391 of 29 October 1856 (Flournoy and Hud-

son, y. 316)
Art. 22. An alien wlio rendersgreat servicestoGreece,
who introduces there an important invention
or industry, who founds establishments of
public utiiity, or who is distinguished for
superior intellectual ability, may be natu-
ralized by law.

Ifni,. : Decree-Law Eo. 1997 of I Deceinber 1934. amending
the Law of Nationality of 13 June 1912
(Parliamentary Paperç, Miscellaneous No. 4 (1935)
Cmd. jo28 : Gazzetta Ufficiale of 19 December
1934) .
-4rt.I. Article 4 of the law of the 13th June, 1912,
No. 555, is replaced by the foiiowing:
"Italian nationality,includiiigthe enjoyment
of politicalrights,can be rnted by Royal
decree, having heard the ouncil of State:
(1) Ta a foreigner who has served the Italian
State for three years, even ifsuch service

isperiormed abroad.
(2) To a foreign man residing at least five
years in the Kingdom.
(3)To a foreigner who residestwo years in
the Kingdom and has .performed nate-
worthy services to Italyor has contracted
matrimony with an Italian citizen.
(4) After six months of residence to whoever
might have become an Italian citizen in
, accordance with the law had he not
omitted to make an express declaration
to this effect withinthe required period.

'ïlie Government has the right to grant in
esceptional casesand in special circuinstances444 A'ISESES TO REPLS OF LIECHTESSTEIS (SO.4)

Italian nationality to persons u7ho do not
corne within the conditions laid down in
Nos. (1)-(4) of the present article."

japaqL - Nationality Act Xo. 147 of 4 May 1950 (Yearbook
qf Human Rights, 1950, p. 176) (Textes Législatijs
I:trangers,1951, No. 3)
Art. 4. The Attorney-General shall iiot permit the

naturalization of an alien unless he or she
fulfils al1the following conditions :
(1) That the alien lias had a domicile in
Japan for five or more years;
(2) that the alien is twenty years of age or
more and a person of full legal capacity
according to the laiv of his or lier native
country ;.
(3) that the alien is a man or woman of
upright conduct :

(4) that the alien lias sufficient property or
ability to support himself by independent
means ;
(5) that the alien has no nationality, or his
acquisition of Japanese nationality will
cause the loss of his nationality ;
(6) that the alien is riot a person who, since
the coming into force of the Constitution
of Japan has plotted or advocated, or
formed or belonged to a political party or
other organization which has plotted or
advocated the overthrow of the Consti-
tution of Japan or the Government
esisting tliereunder.

Art. 7. \Wh respect to an alieii who has rendered
rneritorious service to Jayan, the Attorney-
General may, notwithstanding the provision
of article 4, permit the naturalization of the
alien with the approval of the Diet.

Lzrnembrrrg : Law of 12 Xovember 1848, as amended by Law of
27 January 1878 (Flournoy and Hudson, p. 421)
.Art. 2. Neither can it [i.e. naturalization] be granted
to perçons who have riot reaclied the age of
twenty-61-e years or to persons who have not
resided for at least five years in the Grand
Lluchy.
Residence duriiig five years is not obligatorÿ,
when the person soliciting naturalization, (1)
is born on Luseinburg soi1; (2) has possessed

Luxemburg nationality and lost it ; (3)has
rendered signal services to the State ; (4) is
the adult offspring of a foreigner naturalized
for services rendered. AXBESES TO REPLI- OF LIECHTENSTEIS (s,,.4) 445

Portugal : Civil Code 1867 (Flournoy and 1-Iudson, p. 491)
Art. 20. In the case of foreigners married to Portuguese
women, or in the case of those who may ha\,e
rendered, or rnayhave been cal14 upn to
render to the nation any important service,
the Governnient may dispense with ,21or part
of the time of residence requiredby paragapli
number 2 of the preceding article.

PAHTIII

Nalicrczlizaliowithoztt PreviowsKesiu'eizce#or
Various Reasons . .,

Bellgaria : Nationality Law of zG 3larch 1948, as'amended (léxtes
Ligislattfs 1953, NO. 3, p. 23)
Art. 3. "Foreign nationals, without distinction of

ethnical origin or race may acquire Bulgarian
nationality in accordance with the procedure
provided in this Law.
A bforeign national of Bulgarian ethnical
origin who declares that he renounces upari
his foreign nationality with the intention of
becorning a Bulgarian citizen and of cstab-
lishing himself in the People's Republic of
Uulgaria, acquires Bulgarian natioriality ris
soon as he enters the country ...."

Icek~~n :rl Law of 28 January I93j (British aizd Foreign St~te
IJa$ers, Vol. 139 (1935) p. 553, Textes Législatifs
Étrangers, 1952, No. 1, p. 61) amending the Natiori-
ality Law of 19 June 1926 (Floiirnoy and Hudson,
13.346)
Art. r. Article 4 of law No. 33 of thc Ijtli Jiine,
1926, shall read as follows :
"Citizenship rnay be granted by process bf
law to persons who have resided continuously
in Zceland during the IO ycars prcccding
their application and who are not indebtcd
for parish relief. But it is permissible to
grant citizenship to perçons who have for

an uninterrupted period of 5 years been in
the service of the State or of a Government
establishment, provided that the other yro-
visions of this lqw are fulfilIed.
The stipulations of the preceding parn-
graph in respect of residence do not apply
to persons boni of Icelandic parents."
Irrrn: Civit Code, Book 2 conccrni~lg Kationality (adopted
on 16 February 1936 (British Parliamentary Papers,
Miscellaneous Ko. 4, (1935) Cmd. jo28)) ASNEXES TO REP1.Y 01: LIECHTESSTEIK (S~L4)
446
Art. 980; Those opting for Traniari iiatioliality who
have rendered services or notable assistance
to public interests in Iran, or who have
Irririian wives hy whorn they have children,
or who have attained high scientific distinc-
tions, or who have specialized in afiairs of
public interest, can be accepted as Iranian
nationals without the observance of the
requirement of residencc, subject to the

sanction of the Council of Xinisters, and
provided that the Governinent considers
their naturalization to Iranian nationality
to be advisable.
TJenezueln: Law of 13 July rgzS (Flnornop and Hudson, p. 641)

Art. I. Foreigners wlio have resided for two years
in the territory of the Kepublic may apply
for naturalization payers.
This period shall not be recluired of
foreigners who have done soine important
service for Venezuela or for humanity nor

for those who have married Venezudan
wonlen or who come here as immigrants
under contract mith the national Govern-
ment.
Yiqoslacia : Law of j Juljr 1946 (British artd Poreigrc Slate Pupers

1944, y- 1048)
-4rt. S. Any foreigri citizen inay acquirc citizenship
of the F.P.R.Y. by ordinary procedure if
he fulfils the following conditions :
(1) applies for naturalization;

(2) is of over 18 years of nge and capable
of working ;
(3) has at the tiine of application been
domiciled in the F.P.R.Y. for at least
j years and, as a rule, at least 2 years
oii the territory of the People's Kepublic
of svhich hc desires to become a citizen ;
(4) has releasc from the citizenship he hither-

to cnjoys or otherwise guarantees that
he willbe able to obtain such release if
accepted to citizenship of the F.P.K.Y. ;
(j) if his conduct suggeits that he will he
. a loyal citizen of the F.P.K.Y.
The condition contained in point 4 of this
Article wiii be considered to be fulfilled if

the applicant has no citizenship whatever,
or if by the Laws of his country he will lose
that citizençhip by iiaturalization elsewhere.
If any foreign State does not allow of release ASSESES TO REP1,Y 01: I.IECHTES5TEI.V (?;il4) 447

or subjects release to conditioris which in
the nature of things cannot be fulfiued, the
categorical declaration of the applicant that
if lie acquired citizensliip of the F.P.R.Y.
he would renounce his alien citizenship will
sufilce.

-41-t.9. Any applicant who by natiotiality belongs
to rznyof the peoples of the F.P.R.Y. ma!.
be given citizenship of the F.P.R.ET. without
regard to the conditions of article 8, points
3 and 4.

Crechoslovaki~ : Nationality Law of 13 July 1949 (America~l jo?ar~ini
of 1nlernatio)tal Lnw 44 (1950). Suppt. p. 77)
Art. 3. (1) The Ministry of the Tnterior grants nation-
ality to ayplicants who :

(a) 11avenot committed any offence against
the Czechoslovak Republic or its system
of people's democracy ;
(b) have hrid a domestic residence con-
tinuously for at least five years ;
(c) will, upon acquisitiori of nationality,
lose the nationality they had so far,
unless they are stateless persans.

(2) The Ministry of the lnterior grants nation-
ality in its free discretion ; in instances
worthy of special consideration, itmay gant
it aiso to a person who does not cornewithin
the provisions of (1) (6) and (c).
I;inlanrd: Law No.325of g May 1941

Art. 4. Upon application, an alieri niay bc grriritecl
Finnisli nationality, provided that kie :
I. has nttained twenty-one years of age ;
2. lias had his real abode and domicile iii
Finland during the last five years ;
3. as far as is known, has been of good life
and rnorals ;

4. is able to support iimself aiid his famiiy,
and shows promise of continuing to do so.
Spouses inay be granted naturalization only
upon a coininon application made by them.
However, oite spouse may be singly granted
naturaliztition,provided either :
I. that the other spouse is already a Pinnisli
citizen ; 2. the spouses are separated ;
3. the other spouse has not been heard of
for 3 years ;or
4. tliere rire special reasons to justify it.
Art. 6;. Upon application, an alien mai be granted
Finnish naturalization irrespective of the con-

dition mentioned in point 2 of the first part
of section 4.. Arovided that either :
I. he was at one time a Finnish citizen [and
lost his Finnish citizenship for one reason
or the otherl] ;
2. he is married to a Finnish citizen ;
3. he is submitting his application in common
with his spouse mho haç fulfilled the said

condition. or
4. there are special reasons to justify it.

Greece : Law of IO September 192j (Flournoy and Hudson,
P. 318)
Art. I. In esceptional cases the riaturalization of
foteigners by decree may be permitted even
without residence in Greece.
In such cases the declaratioii made by the
foreigner concerning the acquisition of Greek
nationality is made in the presence of the Greek
consular authorities in the place of his resi-
dence, or, ifthere be none other, in the presence
of the nearest Greek consular authorities.
Persons thüs naturalized take tlie oath as

Greek citizens in the presence of the above
consular authorities and are registered in the
register of whatever municipality or com-
munity they choose.
The age of such perçons is determined on
the basis of an act of registration or, in default
of such, of a certificate of the competent
administrative municipal or ecclesiastical au-
thoritics of the place from which he cornes or,
in default of such, it is determined on the
basis of a statement by the person naturalized,
attested by the consular authorities.

q : " y- iLaw of 9 Octoher 1924 (Flournoy and Hudson, p. 350)
Art. Ir. The hlinister of the Interior çhall have absolute
discretion to grant or refuse an application
for a certificate of naturalization as he thinks
rnoçt conducive to the public goocl and no
appcal shall lie from his decision.

'I'heJlinister of the Interior may, if he con-
siders that special circumstanccs render it
desirable, dispense with the condition of three
ycarç' previous residence.Israel : .. Nationalitp Law j712-r93j(Keshumot, Sefer ha
Hukkim Np gj, p. 146, of 8 April 1952, Textes
LégislatifsElrn~cgevs, 1952, NO. 3, p. 25)
Art. 5. (a) A person of full age, not being an Israel
national, mriy ohtain Israel nationality by
naturalization if:
(1) he is in Isracl ; and

(2)he has been in Israel for three years oiit
of the fivc ycars yreceding the day of the
submission of his application ; and
(3) he is entitled ta reside in Israel pcr-
manently ,; and
(4)he has çettlecl, or intends to setth, in
Israel ;
(5)he has some knowledge of the Hehrew
languagc ; and
(6)he has renounced his prior nationality or
haç provcd that he will ceasc to be a
foreign ~iational upon becoming an Isrriel

natioiial.
(b) illhcrc a pcrsoii has applied for nlituraliza-
tion, and he rneets the requirements of sub-
section (a), the Minister of the Interior, if he
thinks fitto do so, shall grant him lsrael
nationality by the issue of a certificat3.of
naturalization.
(cl Prior to the grnnt of nationality, the
appiicant sliall make the following dcclar-
ation :
"1 dcclare t1i:it 1 will be a loyal natioiial
of the State of lsrael."
(d) Nationality is acquired on tiie day of the

declaration. ,
Art. 6. (d) Tfie Ministcr of the Interior may esempt
an applicant from al1 or any of the require-
ments of section 5 (a) (r), (2), (5)aiid (6)
if there esists in his opinion a special reason
justifying such exemption.

Jorrlntt: Katioriality 1,nw of r Juiie 1928
(British nnd Foveig~zStula Papers, 128 (lg~S), 268)
A&, 3. The Chicf blinistcr shall have absolute dis-
cretion to gr:int or refuse an application for.
naturalization, and may, if he considers that
special circumstarices render it conducive to
the public good, and ifhis decision is approved
by His Highncçs the Amir, dispense with the
condition of 2 years' previous residence.

Liwhte~asteir t Law of 4 January 1934
Art. 6. Xationality may only be granted to foreigners:
(d) Who have bcen habitualiy domiciled in.4j0 ASSEXES TO REPLY OF LIECHTESSTEIK (KO,4)

the territory of the Priiicipaiity of Liech-
tenstein for at least 3 years; in cases
specidiy worthy of consideration and as
an exception this requirement may be
dispensed with.

Il'idrke: Law of 28 May 1928 (Floiiriioy and Hudson, p. 570)
Art. 6. Foreigners wtio have not fulfilled the con-
dition of residence stipiitated in the foregoing
article,but who are considered as meriting
special consideration,may as an exception be
granted Turkish citizensliip by decision of
the Coiincil of Ministers.

Naticralization withotitPrevious Keside~ice-No coliditio~is

Colombia : Coi~stitution of 16 Februüry 1945 (tJeaslec, Constitu-
tions,p. 469)
Art. S. Colombians are....'

(2) By adoption : (a) Forcigiiers who apyly
for and ohtain lettcrs of naturalization.
Ethaopo' u Nationality Law of 22 July 1930(British and Foreigit

State Pupers, 1932, p. 800)
Art. 12. Any foreigner rn* acquirc Ethiopian nation-
ality provided that he fulfils the follorving
conditions :
(a) Has attaiiicd his majority according to
his national law.
(b) Has been domiciled in Ethiopia for at
least 5 years.

(6) 1s capable of carnirig his living and can
yrovidc for the nccds of himself and his
family.
(d) Knows the Amliaric larigiiageperfectly and
can speak arid write it fluently.
(6) Can establish that he haç not been cori-
demned for any crime or offence against
common law.

Proclaniation of j October 1933 (Briti anh Foreigta
State Papen, 1933, p. j44)
In view of articleg of Our constitution aiid
article12 of the nationality law which was
issued on ~jth Wamlie, 7922 (~2nd July,
1930). we herehy promulgate the following :
In the event of any foreigner applying for
Ethiopia~i nationality, should the Ethiopian
Governrnent sec fit to riccept the foreigner, or sliould any other special occasion arise to
acccpt the appIicaiit, such an aliplicant can
bc granted Ethiopian nationality even if he
cannot firlfil the conditions prescrilied in
. . paragraphs (6) and (d) of article 12 of the
nationality law above referred to.

Hondtrrcis: Constitution of 28 hIarch 193G (Pcaslee II, p. 135)

Art. II. Naturalized are : ....
(3) Those who attain certificates of naturali-
zation granted by the National Congress.

Monaco : Civil Code of 6 November 1913 (Flour~ioyand Hudson,
P- 437)

Art. IO. Tlie followirig may, moreover, bc naturalized
\vithout conditions of probation :
(1) Any alien whom the Prince may judge to
be morthy of this favour.

Poland : Nationality Law of 8 January 1951(Textes législatifs
étrangers, 1952, NO. 3, p. 77)

Art, IO (1) Polish nationality rnay be conferred upon
an alien, if he makes application.
(2) The grant of Polish nationality may be
made dependent upon the production of
evidence showing that thc npplicant has
obtained permission to divest hirnseIf of his
foreign nationality.

U.S.S.R. : Citizenship 1,aw of 1938 (America~t Joarrnal of Izster-
national Law, 33 (19391, p. 158, 159 ; Taracouzio,
The Soviet Union and International Law (193j).
P. 96)

Art. 3. Upon their petition foreigners, irrespective of
their nationalityor race, are admitted to the
citizenship of theU.S.S.R. by the Praesidium
of the Suprerne Council of the U.S.S.R. or
by the Praesidium of the Suprerne Council of
the Union Kepublic in which the reside.
And see the previous Law O Y 22 April
1931, S. 13. 4jz ASSEXES TO REPI-Y OF LIECHTESSTEIN (NO. 5)

APPLICATION c'FOUNATURA1,TZATIONIN LIECHTENSTEIN
SUBMITTED ON g OCTOBEK 1939BY Mr. F. NO'ITEBOHM

Title page Application for Naturalization

by
Mr. Friedrich Wilhelm Nottebohm
resident in Guatemala
to the Goveriiment of the Principality of Liechtenstein in Vaduz
and

to the Commune in
submitted on g October 1939
together with five Enclosures
by Dr. L, Marser, Prince's Counsel, Advocate in Vaduz

Note in Previous Consent of His Highness obtained on r3.X.
writing 13.10.35)
(initialledH
Transmit Kesolution of the Oiet of r4.S.39 to Maureii
14.x.39
(initialledH

P. I To the Government of the Yrincipality, Vaduz
and
to the Commune of hlauren in hlauren

The undersigned, lilr. Friedrich\i7ilhelm Nottcbohm, rcsidcnt iii
Guatemala since Igûj (at present residing aa visitor with his brother,
Dr. Hermann Nottebohm, in Vaduz), born on 16 September ISSI in
Hamburg, acting through his representative, Dr. L. Afarxer, Prince's
Counsel, Advocate in Vaduz, who holds his power of attorney, herewith
appliesfor admission as a national of Lieclitenstein and for the previous
conferment of citjzenship of the Commune of Rlauren, with waiver
of the requirement cf thrce years' residence as prescribed by law.
The following evidence is submitted :

(1)a certified copy of thc Passport, issued on r April I 38 by the
German legation for Central America and Panama in Zuatemala ;
original of the certificate of birth ;
(2)a statutory declaration concerning his character andhismembership
of a rerigious denomination ;
(3)a Statement of the Schweizerischen Kreditnnstalt in Zürich con-
cerning the assets of the applicant
and
a declaration of Dr. Sottebohm in Vaduz concerning the same

matter. :\NNENES TO REPLY OF LIECHTEXSTEIN (Y,)5) 453
The applicant is a bachelor and a member of the Li~theran denom-
ination. The name of Dr. Hermann Nottebohrn in Vaduz is sub-

mitted as a reference.
The applicant is able to produce as fiiiancial contributions:

Swks francs 2j,000, being the single tas payment for admission
by the Commune of hlauren.

> ' , 12,500, State tof Liechtenstein.rnent of 50% to the

500, being dues in connection with the proceed-
. ings payable to the Diet.
, 500, being administrative dues payable to the
Government of the Principality.

Total Swiss francs 38,500

The applicant has made arrangements with the Revenue Authoritis P.2

of the Government of Liechtenstein for the conclusion of a forma1
agreement to the effcct that he will pay an annual tax of Naturalization
amounting to Swiss francs 1,000, of whicli Swiss francs 600 are payable
to the Commune of Mauren and Swiss francs 400 are payable to the
Principality of Liechtenstein, subject to the proviso that the payrnents
of these taxes wiii be set off against ordinary taxes which will fall due
if the applicant takes up residence in one of the Communes of the
Principality.
'I'he applicant will, in addition, take up bonds of the Savings Bank
for the Principality of Liechtenstein to the amount of 30,000 Swiss
francs. In accordance with the Order of the Government of the Prin-
cipality of Liechtenstein of 29 December 1936 he will deposit them
as a security within the rneaning of the aforementioned Order or he
\vil1give security in another çuitable form which is acceptable to the
Government of the Principality.

'I'heapplicant bears a respectable character. He has lived inGuatemala
since 1903. He owns a considerable fortune amounting to at ïeasi one
million Swiss francs. His financial position is such that according to
reasonable expectations he will never become a burden to the Commune
whose citizenship he will acquire or to the State. He makes a statutory
declaration that he is a Protestant, that he has no previoiis convictions
and that he bears a good character.
His brother. Dr. Hermann Nottebohrn in Vaduz, who is given as a
reference in this application, is a persoc whose position is uncontro-
versial. He enjoys an excellent reputation in Liechtenstein as well as
in Switzerland and inGermany. He has been a citizen of Liechtenstein
for many years and resides in Vaduz. His unexceptionable character,
with which the authorities are fully acquainted, is a sufficient guarantee
of the standing of his brother, the appiicant for naturalization.

In view of the foregoing, the applicant for naturalization, acting P. 3
through his undersigned representative, begs that naturalization pro-
ceedings be initiated and concluded before the Government of the
Principality and before the Commune of Maureii \vithout delap, that
the application be then placed before the Diet ~4th a favourable recorn- AXSESES TO REFI.\' 01: LIECHTESSTEIS (SO.6)
454
mendation and, fiiiallthat it be subrnitted~vithaiinecessary expe-
dition to His Highness ttie Feigniiig Prince.

Vaduz, g October 1939
Friedrich \Villielm Notteboiim

representedby
(Sigrsed)MAIIX'EK.

p. 4 (Signed)FRAHZ JOSEF.
File No. 193. Folio N. 747. Current No.
p. 5
Trai-ismittcd to the
Mayor's Oflice, Mauren
for further action
Vaduz 14 October 1939

(Signed Ilegible.
Card issued.

CEKTIFICATE RELATING TO THE ACQUISITION OF THE
CITI%ENSI-IIP OF THE COMMUNE OF MAUKEN
(LIECHTENSTEIN) BY Mr. NOTTEHOWM ;

DATED 15 OCTOBEK 1939

The Mayor's Office,
Commune of Maureri,
Principality of Liechteiisteiii.

To the Government of the Principality,
Vaduz.
Enclosed we transmit to you the file in the matter theacquisition
of citizenshipby &Ir, FriedrichWilhelm Nottebohm, represented by
Dr.L. Marxer, Advocate in Vaduz.
At the meeting of the Commune held on IjOctober 1939 the privilege
of citizeiiçhip of the Commune of Mauren was conferred upon the above-
mentioned person, Result of thevoting : 130 votes were castOf tliese
IIIwere in favoür,8 against and IIblank.
Mayit please the Government of the Principality to submit to the Diet
the decision to confer citizenship for its aliproval.

Mauren, 15 October 1939.

Respectfully,
hlayor's Officeothe Commune of Mauren,
(Signed) Dr. MEIER,
Mayor. dNSEXES TO REF1.Y OF LIECHTEXSTEIN (~in7.ET 8)
4j5

STATUTORY DECLARATION OF Dr. L. NAKXER,
PRINCE'S COUNSEL, KELATING TO THE LOSS OF GERMAN

NATIONALTTY OF Mr. NOTTEROHhl

Dr. jur., Dr. rer. poLudwig Marxer,
Prince's Counsel, advocatc.
Vaduz, Principality of Liechtenstein. ,
19 June 1954.
StatartoryDeclaratioii

1 herewith declaresolemnly and sincerelythat Friedrich Nottebohm,
who was my client atthe ~eievant timedid not rnake anapplication to
the Goverriment ofthe PrincipalityofLiechtenstein, in accordance with
paragraph 6 (cj of thLaw for the Acquisition and loofNationality of
4 January 1934, for permission to retain Germa11Nationality.

COPY 01; THE GERMAN PASSPORT 01; Mr. NOTTEHOWM

Name of holder Friedrich \irilhelm A70ttebohin

Yationality German
Photograph
Personal signature FriedrichNottebohm

It is certified hereby that tlie holder iperson whose photograph
isxttacl~edand that the signature below wasçignedby him in person.

Guatemala, I April 1938.
German Legation for CentralAmerica and Panama.

Stamy (Signed) RIENLE.

Persona1 Description
Occupation Merchant
Place of birth Hamburg
Date of birth 16.9.1881
Place of residence Guatemala
Figure ta11
Face aval
Colour ofeyes blue
Coloiir of hair fair, greyii-ig
Specialmarks none Validity of the Yassport Inland and Abroad
This passport expires on I April 1943
Issuing Office ' German Legation for Central Ame-
rica and Panama.

Guatemala, r April 1938.
(Signed) RIENLE.

Annex9

STATUTORY DECLARATION OF Mr. NOTTEBOHM RELATING
TO HIS CHARACTER AND HIS KELIGIOUS DENOMINATION

1 hereby solemnly and sincerely declare,
(1)that 1 have no previous convictions
(2)that 1 am a member of the Evangeiist-Lutheran denomination.

Vaduz, 9 October 1939.
(Signed) Friedrich SOTTEBOH~I.

Annex IO

CERTIFICATE KELATING TO Mr. NOTTEBOHI\IZJS

FINAXCIAL STATUS .
WKa-R.K.

Schweizerische Kreclitanstait, Zürich, 9 October 1939.
Zürich.
D. 53400
Vd- 4564
Dr. Ludwig Marser,
Prince's Counsel,
Vaduz, Liechtenstein.

At the request of Mr. Friedrich Nottebotirn, Haus Letzi, Vaduz,
we confirm hereby that this gentleman has deposited with us securi-
ties and goId the value of which amounts to-day to
approximately Slviss francs 322,800 (Three iiundred and twenty-
two thousand and eight hundred francs)
and that he has an account with us ahich amounts at present to
Swiss francs q60,ooo (Four hundred and sisty thousand francs)
\Ire are,

Yours faithfully,
Scliweizerisclie Kreditanstalt,
(Signt:d)Two iliegible signatures. ANNEXES TO REPLY OF 1,IECHTEXÇTEIN os .I ET 12) 4j7

INSTRUCTIONS OF THE GOVERNMENT OF LIECHTENSTEIN

RELATING TO THE CONCLUSIOKOF AN ARRANGEMENT
REGARDING TAXATION

20 October 1939.
G.
To the Revenue Officeofthe Principality
anVaduz

You are instructed to conclude an agreement with the newly natura-
lizedcitizeMT. Friedrich Nottebohm regardinghisLiabilityto taxation
on the basiç of an annuataxpayment of francs1,000(francs 600to the
Commune of Mauren and francs 400to the State). You willreporton
the execution of these instructions.
Government of the Principality.

Annex 12

CEKTIFICATE RELATING TO THE CONCLUSIONOF AN

ARRANGEMENT BETWEEN hlr. NOTTEBOHM AND THE
REVENUE AUTHORITIES REGAKDING LIABILITY TO
TAXATION

Revenue Administration ofthe
Pnncipalit yofLiechtenstein

This Office confirms that in connection with the Naturalization of
Mr. Friedrich Wilhelm Nottebohrn an arrangement concerning liability to
taxationwas concluded on 23October 1939by the lievenueAdministra-
tionof the Principality ofLiechtenstein on the one part and Mr.Natte-
bohm on the other partafterconsultation with the Tax Commission of
the Commune of Mauren.
Revenue Administration of the
PrincipalityofLiechtenstein.

Vaduz, 19June Igj4.
Stamp. Signature (illegible).458 ANNEXES TO RE1'I.Y OF LIECHTENSTEIX (NU.13)

Annex r3

CERTIFICATEKELATIKG TO THE PAYMENT
OF NATURALIZATIOY FEES TO THE TKEASURI'

Savings Bank for the Principality of Liechtenstein

Bank of Liechtenstein in Vaduz.
Vaduz,
Government Building.
17October 1~~9.
To
the Government of the Principality
of Liechtenstein,
Vaduz.

We have the honour to iiiform you that Nr. FriedrichNottebohm has
transferred to-day

Francs zg,ooo to the account of the Commune of iilauren, being the
tas for admission to citizenship;
,, 12,500 to the Account of the Statc ofLiechtenstein bei& the
tax amounting to 50 % of the -bove ;

II 500 'tothe Accouiit of the Stateof lieclitensteinbeing fces
in connection with the decree of Naturalization ;
,I 500 to the account of the Statc of Liechtenstein being
administrative dues ;
,, 1,000 to the account of the Statc ofLiechtenstein being the
Naturalization tax ;
(600 payable to the Commune of Mauren ;

y, 400 payable to the State of Liechtenstein).
Pleasetake notice of these payments.
Further, Mr. Friedrich Nottebohm, Vaduz, has purchased francs 3,000

3: % Bonds of our Institution not repayable for 7 years, and we have
deposlted them asa security ina depositin favour of Mr. Friedrich Notte-
bohm.
Dispositions regarding this deposit can oriiy take place in agreement
and with the consent of the Government of the Principality of Liechten-
steinin Vaduz.
Yoiirs faithfully,

Savings Hank for the Yrincipality
of Liechtenstein.

Bank of Liechtenstein. EXTl<,4C'Tl~K031THE RECORDS OF 'TH13RlET OF

LIECHTEBSTEIN, SESSIOX OF 14 OC'TOUER1939

The Diet, having considercd the evidence submitted in support of tlie
application, resolveç to trrinsmit the ripplicatioto the Commune of
3l:iuren.

CEIIS'IFICATEOF NATURALIZ.4TIOS I<ELAîING
TO Xlr. 90T'l*EBOH31

G.
1931.174
Cerlifzclioj !Vatioimlit~r

for Air. I:riulricA Wilhelixom~:~o~ai, boni on 16 September 1381 in
Hamburg, who was naturalized as a nationaof theState ofLiechtenstein
in virtue of the Resolution ofHis Serene Highness the Reigning Prince
dated rj October 1939 and was thereby receivedas a.citizen othe Corn-
inuiie of Mauren.

Vaduz, zo October 1939
Governnient ofthe Priiicipality of Liechtenstein,
(Signerl)Dr. VOGT.

Copies to :
I Mayor's Office\Iaureii.
2 Officeof the Rev. the Kector of 3laiiren
for ii~scription in the local rcgister
of citizcns. Govcrnment of the Pr'rincipality.

CEKTIFICATE KELATING TO THE OATH OF ALLEGIANCE

IN LIECHTENSTEIN

'i'ransactediiVaduz on 20 October 1939.
Then appears >Ir. Friedrich Nottebohm, recently naturalized as a
national of the State of I,iechteiiçtein in virofithe Resolution ofhis
serene Highness and thereby reccived as a citizen of the Commune of
Iiauren ancl swearç the following460 ANNEXES TO REPLY OF LIECHTEESTEIN (50s.I7ET 18)

Oath ofAllegiu~zc e
I swear that 1shallbear allegiance to the Reigning Prince, that 1shall
obey the lawsand that 1 shaH respect the Constitution.
So heIp me God !

Thus 1 have sworii.
(Signed) Friedrich XOTTEBOH~~.
Before me.

Annex 17

CEIITIFICATEOF NATIONALITY RELATINGTO
Mr. NOTTEBOHM

19 October 1939.
Certificate

JirFriedrich Nottebohm, merchant in Guatemala, born on 16Seytem-
ber 1581, isa nationalof Liechtenstein.
Goverriment of the Yrincipality of Liechtenstein.

Annex 18

LETTER FROnilTHE SWISS CLEARING OFFICE,DATED24 JULY
1946,RELATIWGTO THE STATUSOF Mr. XOTTEBOHM

Swiss Clearing Office,
Zürich,

Borsenstrasse zG. To
Dr. jur., Dr. reryol.
Officia1Organ for theRegulation 1-udwigMarxer,
of Payments by way of Clearing Advocate
with Foreign Countries (Decree of Vaduz
the Federal Council of2 October 1934) (Princiliality of Liechtenstein)
Blocked Payme~tts- Germany
27z/KL Zürich,24 July 1946.

Your ldtersof 17and 26 June 1946

Concerning :Decrees of the Federal Council dated 16 Februziry,
27 April,3 July aiid 30 Novemher 1945 regardirig the
Blocking of German assetsin Switzerland. Inthe niatter
of the assets,situated in Switzerland aiid in the Princi-
pality ofLiechtenstein, belonging to Nr. Friedrich Notte-
bohm, a national of Liechtenstein since20 October 1939
according to Passport No. 702, ATSEXES TO REPI.Y OF LIECHTEKSTEIS r ri.9) 461

We confirm the receipt of your lettcrs of 17th and zGth JunergqG
wherein you produce the original5 odocuments whicli prove that the
above-mentioned person is cscliisively a national of Liechtenstein, that
his permanent residencesince 1906 is GuatemaIa and that hehas never
resided inGermany after that dateAt present he iin Vaduz, Principa-
lityof Liechtenstein.
Maving examined the information iour possession andthedocuments
placed at our disposa1we are in a position to cothatwe can recognize
Mr. Friedrich Nottcbohm as a person who holds exclusiveIy the nation-
alityof LiechtensteinIn view of this fsct and of the circumstances that
the above-mentioned person is permanently resident in a countrwhich
is not affected by tmeasures of blocking, the above-mentioned regula-
tions concerningblocked assetslaiddown by the Decrees of thFederal
Council do not applyto the said assets.
We return the enclosed docriments and add two copieofthis letter for
your convenience.

Yours faithfully,
Scliwcizeriçche ~errecfinun~sçtelle,
(Signed)Illegible.
Ejtclosure:
I Passport No. 702

2 Certificate.
z Copies of this lctter
2 Copies of letter Nottebohm.

CERTIFlChTE OF THE SENATE OF THE FKEE ASD HANSE-

TOWN OF HAAIBURGDATED 15 JUNE 1954RELATING TO THE
LOSS OF GERBIAN NATIOMALITY OF Mr. NOTTEROHFVI

Senate of the Free and Hansetown
ofHamburg Ij June 1954.
Lcgal Department.
AZ : 60.45- 4290/54 -OtIKst.

According to the files otlic Legnl Department of the Senate of the
Free and Hansetown of Hamburg

Friedrich Wilhelm Nottebohnt
born on 16 September 1881 in Harnburg
resident iVaduz, Liechtenstein

has lost his German Nationality in accordance with paragraph 2ofthe
German Xatianality Law of 22 July 1913 in conçequence of having
acquired the nationalityof Liechtenstein on20 October 1939. He has
not applied for, and has not received, permistoretain German n t'on-462 ASSESEÇ TO REPLI. OF LIECHTESÇTEIS (SU.21)
ality iii accordance with paragraph 25 (2)of the Sationality- Law of
22 Jiiii 1913.

By order.
(Sigiied)Pis~eas.
0hern:gieruiigsrat..

LEC~ISLATIVEDECREE So. 1539 OF 18 MAY IFS AS AMENDED

I3Y 'THE DECREE So. 478 OF 20 FEBKUAKY 1948
(Test made available by the courtesy of the Government ofGuatemala,
being Annex 16 of the Coiintermernorial submitted by the Government
of Guatemala.)

L'Assenibléelégislative dela liépiiblicliiéde Guatemala décréte laloi
stiivantede ~~rotection:

Objetde la loi

'I'oiitcpersonne a le droi:
I) d'esercer le recours de protection :
a) aux fiiis d'êtremaintenue ou rétablie clans la jouissance des droits et

garanties établispar Ia Constitution ;
b) aux finsde faire dgclarer, dansdes cas coiicrets, qu'une loun régle-
ment ou une disposition de l'Autorité iie lui est pas applicab;e

z) de deinander i~ comparaitre personiicllement en justice (habeas
corpus) :
a) quaiid elle est illégalement arrStée, détenue oii entravée de quelque
maniére dans la jouissance de sa liberté individuelle ;
6) quand, légalenient ernprisonnd, il est appliqué au détenu ou prisonnier
des tourments, tortures, exactions illégales, mauvais traitements ou
toute contrainte, restriction ou gêne,qui ne sontpas nécessairesà sa

skctiritCor1au bon ordre de la prison.

Article2

II appartient au Tril~unal Extraordinaire de Protection de conri:~ître
cles recours forméscontre les décisioiisou les actes de procédure dc la
Cour Suprême de Justice ou de n'importe lequel de ses membres. Ce
Tribunri1 est composédu Président de laréreChambre de la Cour d'Appel,
et, à défaut, du président de las*nleChambre, et à défaut de ce dernier,
du président de la 3èmc Chambre et de six membres des mêmesChambres,
qiii sont tirés ail sort entre les titulairelestsuppléants de cesCham- Annex 20

REVISED LIST OF THE EXPROPRIATED ASSETS OF hlr. NOTTEBOHM AND, SO FAR AS IS KNOWN, THE DATE ONWlCH THEY WERE
SEIZED, THE DATE OFTHEIR FINAL EXPROPRIATION, OF ANYAPPEAL (OPPOSITION), THEILIYRESENT AND THEIR FISCAL VALUES.

16
Claims total
Current Share Sequestration Sequestration 0~~0- Production Market Fiscal Sliare Counter-niernorial Remarks in
Numbor A. Objecls :Land Owner F. Nottebohm (Coffee) (Land) Expropriation sition Decision (in quintals) Value Valrie F. Nottebohm lvïernorial quetzales

Coffee 8370
Santa Cecilia Nottebolim Brothers 5.55% 9/10/41-8/11/41 18/9/42 alter 14/8/44 ? sugar 6630 450000 250000 25000 -
El Pcru 9b% 9/10/41-8/11/41 6/8/42 6/11/44 or 6/4/45 3/7/46 - Coffee 8114 4ooooo 60000 38000 p.61(7) , p.29(75); p.35(93) This plantation was not
valued together with Monte
Cristo.
Mediodia & Filipinas 25/7/42 after 14/8/44-1~/~/48 28/11/46 - Cofiee 5097 250000 50000 14000 p.Bo(40)
Bola de Oro 5.55% 9/10/4'-8/"/41 3/7/46 - Coffee 3031 rgoooo 43000 ~.29(75); ~.25(93)
Los Castanos Cia Coinmercial y 9t% 9/10/41-8/11/41 21/7/42 13/7/45 or 6/11/44 14000 p.61(7) ~.29(75): ~.35(93)
Agricola 5.42% 9/10/41-8/11/41 7/7/42 7/~0/44 ? - Coffec 1800 85000 42000 I15000 - -

La Fforida Nottebohm Brothers 20% 9/10/4 1-8/11/41 6/8/42 01 22/8/42 28110144 01 29/12/44 3/7/46 - Coffcc 2106 rogooo 40000 22000 p.61(7) p.zg(75); p.35(93) The Fiscal Value was qoooo,
not 25000 Quetzales.
Los Sabanetas 15% g/1o/8/11 after i2/6/42 20/12145 or 26/10/44 3/7/46 - Coffee 8007 136000 qoooo ~.29(75); ~.35(93)
Los Brillantb 5.55% 9/10/41-8/11/41 25/7/42 19/2/47 or after 4/9/45 3/7/46 22.636.67 p.29(75)
Monte Cnsto 10.96% g/10!41-8/11/41 7/7/42 or 25/7/42 6111/44 3/7/46 - Cofiee 2323 110000 42000 ~.35(93) This plantation was not
valued to~etlierwith Peru.
Its value was not 15000
Quetzales.
Farm Coatunco 35000 -
Land Huchuetenango 16825
Casa Grande Quelzaltenango 35000
Bodega Boston 8000
Busincsshouse 10th Street & 5th Ave.
Guatemala City. 32895
98 Avenida del Hioodromo Guatemala
City. 9/6/45 3/7/46 - 40000 I5000
Buildin~ Sito, Los Arcos 9/6/45 - - - 30000 20000
Los Chicnarros 28/11/45 -
San Rafael Panin 21/11/44 3/7/46 - Coffee 4060 2ooooo l00000
El Potosi and Annexes 28/iOi44 3/7/46 Coffcc 3974 200000 78000
Guatal6n 20/10/45 : 22/5/50 3/7/46 ; 18-ZO/IZ/~I - 14000 1~000
Anncx
2000 p.62(7) ;82(46) -

El Carmen Hetzabal Iwoo p.80(41)
Building 60 Calle Tiroli 7A Ave. Sur. 40000
Aleman Electrico General 4526 ' ~.79(39)
Nominal
B. Objects :Sharcs & Deposits value

13 Comp. Com. y Agricola 8000
2904 Banco Central 14000 p.62(7)
122 Agancia Maritirna Nat. 5000 p.62(7)
3 Huelle de Champerico 500 p.62(71
746 Vina Zapete F. Nottebohm 373000
285 Conceocion 285000
479 Cia F: C. Verapaz 100s/o
Objects : Deposit A/c Balance : Nottebohm Brothers 371%
Frozen Deposits II 12 13
'5
Totaloutstanding
Curren t Share Sequestration Sequcstration 0~~0- I'roduc tion Original Total Share of Counter- Cilaiusetztasle
Nnmber C. Objects: Mortgages Crcditor F. Nottebohm (Coffee) (Land) Expropriation sition Decision (in quintals) Debt outstanding MT.Nottebohm Memorial mernorial Remarks

33a Moises Rivera Soto Finca. Bonaventura Nottehohm Brothers 374%
34 Roberto Pivaral Padillo. Finca El
Trapichita
Tuana Altenbach de Lavarre. Villa Ilse
35 kcctor Augusto Pivaral F'adilla,El Salto
36
etc.
37 Cristina Vielman de Anzueto ; Espejo
Tapia etc. Guadelupe
38 Same
39 Hijos Aparicios Barrios, Las Violetas
40 Jose Herrarte Segustumc, Las Filipinas
4 1 Elvira L. di Aparicio, 2 houses in
Guatemala - ,
42 Blanca M. R. A. de Mencos, house in
Guatemala
43 Hermann Moelier, Finca Qnebrada Seca
Felipe Yurrita Castaneda. house in
44 Guatemala

45 Vincente G. Borja, Finca Paxan y
Pachitulul
46 Bernardo PadiUa de Hernandez - housc
in Guatemala
47 Silvia V. de Lemus, Finca Santa Clara
48 E. G. Krische Schwaibe. La Suiza
49 Lopez Caceres Hnos, housc in Guatemala

50
propertics
5' Carlos & TuanIriaoven. Fiuca Santa FO
52 Club ~uaïemala. El;b Ëldg. Guatemala
F. Bermudez de Castro, house in
53 Guatemala

54 Mariano Castel10 hzmitia, 2 houses in
Guatemala
55 Carlos Salazar Argumedo, house in
Guatemala
56 hfanuel Anzueto Valencia. various agr.
properties

Total value under A
Total value under U 896085
Total value under C
96463.75
1512074.75 quetzales

1512074.75 quetzales at 4.30 Swiss francs to I quetzal equals Swiss francs 6501721bres ;le tirage au sort est effectué parmi les rnembrcs de la Chambre à
laquelle appartient le prksident dPsigné.

Article 3

La Cour Suprêmede Justice connait des recours formés contre les
décisions ou actes de procédure :
r) du Président de la République et des Secrétaires d'État ;
z) des Chambres de la Cour d'Appel, des Cours Martiales et de l'un
quelconque de leurs membres, et du Tribunal Supérieur des comptes ;
3) du Procureur Généralde la Nation ;,
4) des Magistrats du CoinitéNational Electoral.

Article 4
. Les Chainbres di la Cour d'Appel connaissent dans leurs juridictions
respectives des recours interjetés contre les agissements ou les actes de
procédure :

I) des directeurs généraux ;
2) des fonctionnaires supérieurs de n'importe quelle juridiction et qui
connaissent en première instance ;
3) des gouverneurs de province et des coinmandants d'armées.

Article j
Les Juges de ~én:instance, appai-tenant à la juridiction de droit corn-
mun connaissent dans leurs juridictions respectives des recours inter-
jetéscontre les agissements ou les actes de procédure :
I) des administrateurs des recettes ;

2) des juges de paix, des juges municipaux, des autres autorités et
employés qui leur sont subordonnés ;
3) des commissaires départementaux, des autres employésde la police
nationale et des commandants locaux ;
4) des maires et des autres fonctionnaires, autorités et employés non
visésaux articles précédents.
Article 6

Quand il existe plus d'un juge de première instance dans un départe-
ment, le juge qui est saisi en premier est compétent pour I'instruction
entière dii recours.

Article 7
En dérogation aux règles établies sur la compétence, le recours en
comparution personnelle peut être interjeté devant n'importe lequel des
tribunau% mentionnés au présent chapitre ; ce tribunal aura la faculté de
prendre, étant le premier saisi, les ordonnances urgentes que le cas exige
et laisseraau Tribunalcompétentle soin d'examiner l'affaire, en lui remet-

tant le rapport de la procédure déjà faite sans retard.

CHAPITR III
Recours de protectin~~

ilrficleS
Le recours de protection a lieu dans les cas n-ientionnés au para-
graplie a)de l'article r de la présente loi.464 ASSESES TO REPLY OF LIECHTESSTEIS (SO.21)

Le recours de protection doit êtreformé par écritet mentionner :
a) la désignation de l'Autorité contre laquelle il est dirigé;
b) le nom du recourant, son âge, son état civil, sa profession et son
domicile ;
c) un exposé succinct des faits sur lesquels estbasé le recours ;
d) la garantie constitutioilnelle que le recourant estime avoir étéviolée
ou, le cas échéant,la loi, le règlement ou la disposition de l'Autorité
contre l'application de laquelle il est recouru ;
e) 1'Autoritd,le fonctionnaire ou l'employé contre qui l'onrecourt.

Article 9

Les juges et les tribunaux sont obligésde trancher les recours de pro-
tection au cours de l'audience mêmeoù ils sont présentés; ils demande-
ront communication du dossier ou a son défaut des informations détail-
lées & l'Autorité, au fonctionnaireou à l'employécontre lequel est dirigé
le recours ; ceux-ci devront s'exécuter et remettre le dossier ou fournir
les informations en retour dans le délai péremptoire de 24 heures, SOU5
réserve du délaide distance et qui sera compté à raison d'un jour pour
20 kilomètres.
Si, clans le délai indiqué,le dossier ou les informations n'ont pasété
envoyks, letribunal qui connaît du recours devra accorder la protection
provisoire au recourant jusqu'h réception du dossier ou des informa t'ns.

-ArticlIO

Après réception dudossier ou, lecas echéant, desinformations, le dkbat
sera ouvert A leur sujet tant au recourant qu'au Ministère Public qui
pourront présenter leur exposédans le délaide 24 heures. Passé ce délai,
que les parties aient ou non présenté leuresposé,le Tribunal sera appelé
à trancher sur le siège ou si des faits doivent êtreétablis, il renverra
l'affaire en procédure probatoire pour un délaiimprorogeable de S jours.
Le Tribuilal saisi pourra ordonner d'officeque l'on procède k la procédure
probatoire qui sera nécessairedans le délaiindiqué. La-procédure proba-
toire terminée, le juge ou le tribunal rendrane ordonnance prescrivant
que l'on entendeIe recourant et le MinistèrePublic pour pouvoir résoudre
le casdans les24 heures qui suivent la clôture de la procédure probatoire.

Article II

Contre les dScisions rendues, il n'y a pas d'autre recours que le recours
en responsabilité, et elles sont immédiatement exécutoires. -4 cet effet,
peut êtrechargéde l'exécutionn'importe quelle Autorité ou citoyen hono-
rablement connu et jouissant d'une excellente réputation, qui agira en
qualité de juge exécuteur.
Pour rendre plus efficace l'accomplissement de la dtkision, Ie Tribunal
ou, le cas i.chéant, le juge exécuteur peut requérir l'aide de la force
publique ou celle cles citoyens, lesquels sont tenus de la fournir,SOUS
peine de la sanction prévue par le Code pénal s'il s'agit de la force
publique ou d'une amende de IO à 50 quetzales s'il s'agit des citoyens.

Article 12

Les juges et les tribunaux qui connaissentdu recours de protection ont.
la faculté d'accorder,quel que soit le stade de l'affaire, mais avant la. ,\SNEXES TO REPLY OF 1.IECHTEXSTEIS (SO. 21) 465

solution définitive, la suspensio~i provisoire des agissements ou de l'acte
de procédure qui a modifiéle recours, h condition que se présente l'une
des circonstances suivantes :
a) quand un dommage irréparable résulterait dela coinmission des agis-
sements ou de la continuation de la procédure ;
b) quand L'Autorité,le fonctionnaire ou l'employécontre lequel le recours
est interjeté sont en train de commettre notoirement une illégalité,
une faute de juridiction ou de compétence.

Article 13

Si l'Autorité, le forictionnaii-e ou l'employà qui Ilisuspension a été
notifiéecommet des agissements ou continue les actes de procédure qui
ont motivé le recours, sa mise en accusation sera ordonnéeet à cet effet,
il sera établi uiie attestation adéquate et pour le surplus on procédera
conforrnémeiit 5 la loi.

Toute Autorité, tout fonctionnaire ou tout autre employk public a
l'obligation de remettre aux parties sans retard l'attestation des docu-
ments demandés afin de pouvoir les présenter comme preuve dans le
recours de protection. Les Autorités. fonctionnaires ou employéspublics
qui se refuseraient hétablir les attestations indiquées feront l'objet d'une
procédure pénaleet seront punis conformément au Code pénal.

Kecoztrsde comfi~irt~tiopersonnelle

Le recours tie comparution personiiclle ou d'ii habeas corpus 1)peut
étre interjeté parécrit, par télégrammeou verbalement par le léséou
par toute autre personne sans qu'un pouvoir soit nécessaire. Les Auto-
rités compétentes sont obligéesd'entamer ou de déclencher d'officela
procédure que la présente loi autorise quand d'une manière ou d'une
autre elles auraient connaissance qu'une personne se trouve illégalement
détenue ou entravée d'une façon ou cl'uiie autrdans la jouissance de sa
liberté individuelle ;ce qui a lieu également dans les cas indiqués au
par. b de lazhni*:fraction de l'articlI de la présente loi.

Article 16

Quand le maire, le chef de l'établissement, les subalteriies ou les
agents d'exécution de l'endroit où une personne se trouverait être
détenue ou arrêtée ontconnaissance d'un fait qui donne lieu ila compa-
rution personnelle, ils en aviseront immédiatement toute autorité qui
pourrait coniiaitre du recours de comparution personnelle sous peine
d'une amende de IO 5 IOO quetzales, sans préjudice des autres sanctions
légales.
L'Autorité compétente qui aurait coiinaissance des faits auxquels se
rapporte le présent articleinstruira la procédure y relative en se consti-
tuant sans retard à l'endroit où se trouve le lésé; si leléséest dornicilié
en dehors du cercle ou de la Commune où le Tribunal peut connaître d'une plainte, il nommera un juge exécuteur qui procédera conformé-
ment C l'article20 de la présente loi. Au cas où il ne serait pas procédé
comme le prescrit le paragraphe précédent, l'Autorité ou le fonction-
naire qui n connaissance des faits en qiiestion sera puni coliformément
ans dispositions du code pCnnl.

Article 17

La requêtepour le recours en comparutioii persoiinelic cloit contenir :
I) l'indication de l'autorité i laquelle il est adressé ;
2) le nom du lésé ;
, 3) l'exposé des faits sur lesquels se fonde le recours ;

4) l'endroit où le lésése trouve arrêtéou détenu si on le sait ;
5) l'autorité, le fonctionnaire, l'employé ou la personne considérée
---ir----- ,
6) la signature du requérant et l'indication de soi1 domicile et de
celui de la personne qui signe sa demande au cas où il ne le sait pas
ou ne peut lefaire lui-meme. Quand on se trouve dans l'ignorance du
lksé, de l'Autorité ou de la personne contre qui ori agit ou les deux
choses rila fois, il suffit d'indiquer l'endroit où se trouvelésé.

Article 18

Dès que la requête sera reçue ou dès qu'il aura connaissaiice d'un
fait qui donne heu à la comparution, le Tribunal. au nom de la Répu-
blique de Guatemala, et le même jourfixera une heure pour que le lésé
soitprésentépar les soins de l'Autorité, du fonctionnaire, de l'employé
ou de la personne qui aura motivé le recours ; cette personne de\.ra
açsister au procès si cela lui est demandé, présenter son dossier, ainsi
qu'un rapport très détaillé sur les faits que le Tribiinal indique ; ce
rapport contiendra :
a) l'indication de qui a ordonné l'arrestation ou les mauvais traitements
et l'indication de qui a procedéà l'exécutionavec mention de la date
et des circonstances du fait ;
6) si la personne détenue s'est trouvée directement sous la garde de la
personne chargée du rapport ou si ceile-ci l'a transféréeà une autre

en indiquant en ce cas le nom de cette dernière, de mêmeque le lieu,
le temps et le mode de transfert ;
c) il faut joindre l'ordre qui a étéle motifde la détention. On ne pourra
jamais dépasser de 24 heures le délai dans lequel doit intervenir la
comparution du lésé.

Article 19
Quand le lésése trouve détenu eri dehors de la Commune de résidence
du juge ou du tribunal qui coniiait du recours, le jugement de cornparu-
tion personnelle pourra êtreexécutépar-n'importe quelle Autorité ou
par un citoyen d'honorabilité notoire et connue, domicilié à l'endroit

où se trouve le léséou dans un autre endroit immédiatement voisin. En
ce cas les instructions adéquates seront remises A l'exécuteur et celui-ci
s:occupera de les exécuter immédiatement ; à cet effet, il se rendra au
lieu où se trouve celui aux ordres duquel est soumis le détenu et il lui
notifiera le jugement en exigeant qu'on le remette au lési:;on lui remettra
aussi le dossier et le rapport en faisant cesser, le cas échéant,lesreçtric- I\SSE'IES TO REPLY OF LIECHTEKSTEIN (NO.21) 467
tioiisou les mauvais traitements auxquels le léséaurait été soumis, et
en l'informant tout de suite du résultat de ces agissements.

Article20
Passé le délai fixépour In companition personnelle et le retour du
dossier, si l'Autoritou le fonctionnaire quien n reçu l'ordre ne l'a pas
exécuté,le Tribunal délivrera contre la personne coupable de négligence
un mandat: ci'arrêtetla déférera en jugement en ordonnant en même
temps ln mise en liberté du détenu si la loi l'exige; en ce cailfaudra
faire constater le refus d'obéissance du fonctionnaire négligent et 13
personne chargée de l'exécution donnera avis par télégraphe ou par
téléphonesi c'est nécessaire.

Article 21

1-a comparution de la personne est obligatoire, même quand elle est
incarcérée en vertu d'un ordre de l'Autorité judiciaire compéteiite, A
la suite d'rine procédure en bonne et due forme ; dans un tel cas, le
détenu est ensuite renvoyé en prison et son dossier est restitué.

Article 22

S'il résulteciel'étude du dossier et des piècesque la détention ou la
yison est illégale, la mise cn libertédu lésésera ordonnée ; toutefois
s ilrésulte qu'il se trouve dans l'un des cas visés par la partie z de
l'article 32 de la Constitution, la cessation des actes établis sera ordonnée
et il sera procédconformément àla loicontre les personnes responsables
de la transgressionSi le recours a pour motif des inscriptions irrégulières
ou d'autres actes militaires illégaux, leTribuenlordonneral'annulation
ou la cessnt'ion.
Article 23

La personne qui est chargée de l'exécution remplit sa charge A titre
gratuit et aucun citoyen ne peut se refuser à la remplir, sauf pour cause
de maladie, sous peine de IO à 50 quetzales d'amende, ou d'êtredéférée
à la Justice pour refus d'obéissance.

Article zu

Pendant que la procédure de comparution personnelle est en cours,
l'agent d'esécution devra prendre, conformément à la loi, les mesures de
sécuritéqui seraient nécessaires pour empeclier l'évasiondu détenu.

Article 25
Les Tribunaux et la personne chargée de l'exécution, le caséchéant,
pourront demander l'aide de la force publique pourl'exécutionde leurs
décisions; l'Exécutif le fera immédiatement sous peine de laresponsa-
bilité prévue par ie Code pénal.

Des messages télégraphiqueset postaux relatifs au recours decompa-
rution personnelle doivent être transmis gratuitement et par exprès
en faisantconstater l'heure du dépôt.

31468 ASNEXES TO REPLS OF LIECHTEXSTBIS (SU.21)
Les chefs des bureaux respectifs seront responsables du défautd'accom-
plissement de la présente disposition, sous pine de IO à 50 quetzales
d'amende.

Cas oit le recoz(rsde profectio~rne peittêtre iitterjeté

Le recours de protection ne peut êtreinterjeté :
a) dans les affaires judiciaires d'ordre civil et pénal en ce cliii concerne
les parties qui y interviennent ou qui y sont intervenues, ainsi que
les tiers qui auraientexercC des recours ou des actions 1-irEvuspar la
loi contre des jugements définitifs et ex&cutoires;

b) dans Ics affaires d'ordre administratif dans lesquelles les lois sur la
matière autorisent des recours ;
c) contre les décisions intervenues dans les procès de protection ;
d) contre les actes accomplis de manière irréparable ;
eJ quand ont cessé les effets de l'acte contre lequel la réclaination a
étéélevée;
j) contre les actes auxquels l'inculpC a acquiescé ;
g) contre lesmesures sanitaires et celles qui sont prises en vue de prkve~iir
et dc conjurer des calamités publiclues.

Sont yresurnées acceptées les décisions d'ordre administratif contre
lesquelles iln'y a pas eu-de recours de protection dans ut1 délai de
60 jours suivant la notification faite au plaignant ou la date à partir
de laquelle ilen a eu connaissance.

La décisioii intervenant dans le recours de protectiori a pour effet
que les choses sont restituées dans l'étatoù elles se trouvaient avant la
commission de l'acte contre lequel il est réclamé.
La décision en matière de recours n'a pas I'effet de I'esceytion de
chose jugée.

Article30

Quaiid le recours de comparution personnelle ou de protection est
dirigécontre les fonctionnaires de l'Administration visésau paragraphe r
de l'article5 de la présente loi, la Chambre qui connaît du cas parce
qu'elleen a été saisie la premiére est compétente pour l'instruction
entièredu recours.

Article31
Dans les recours de protection, tous les jours et toutes les heures de
l'année sont utiles ; Lesdélaissont.fatals et improrogeables. ASNESES TO KEPLY OF LIECHTESSTEIB (NO.SI) 469

Article ,p

l,'Aiitorité, le fonctionnaire ou l'employé public contre qui est pro-
noncéela décision de protection en supportera ies frais, sans préjudicedu
fait qu'il demeure comptable des responsabilités civiles et pénales
envers qui de droit ; si l'action de protection vient à êtredéclaréemali-
cieuse ou téméraire,le plaignant sera condamné aux frais et à payer une
amende de IO h 50 quetzales. Font exception à cette rkgleles cas de
comparution personnelle.

Article33
Les Tribunaux, le cas échéant,déclareront si l'action de protection
revêt le caractère de malice ou de témérité.

Article 34

Les amendes imposées SUT la base de la présente loi seront recouvrées
par les soins du Tribunal qui a connu du recours,par la voie decontrainte
si cela est nécessaireet le produit en sera verséaux fonds de justice. I

Article 35
L'Autorité, le fonctionnaire ou l'employé publiccontre quiest formulée
\
une demande de protection pourra intervenir dans le procès à n'importe
[luel moment.
Article 36
Dans les cas de comparution personnelle ou quand il y a urgence, les
tribunaux communiqueront leurs ordonnances ou leurs décisions au t
moyen de dépêches télégraphiquese ,n prescrivant cette procédure dans
l'ordonnance même. En ce cas iis décideront que les stations télégra-
phiques réceptrices, lesfonctionnaires ou les personnes à qui sont adres-
sees les dépêchesdonnent un avis immédiat de leur réception.

Entraîne la responsabilité : le refus concernant l'admission d'un
recours de protection ; la décision terminant le recours et prise en
contravention des principes de la loi;le retard dans l'acheminement du
recours, ainsi que le retard dans l'acheminement des messages et la
remise des dépêches.L'infraction à la présente disposition sera punie
d'une amende de IO ri50 quetzales sans préjudice des autres responsa-
bilités.
Article38

Les directeurs de prison, les maires, les gardiens, les personnes char-
gdes de la surveillance des détenus. donneront copie signée de l'ordre
d'écrou aux personnes qu'ils gardent ou to,uteautre qui le demanderait.
S'ils refusent ou s'ils tardent à le remettre plus de Gheures, ils encourront
une amende de IO il50 quetzales.

Article 39

Les actes de procédure seront établis sur papier timbré, sauf ceux
qui contiennent les décisions définitives des procès de protection et sur
lesquels sera apposé le timbre. Av.tide40
La présente loidéroge au Décret législatif nu3j4 et aux autres lois
qui sont en contradiction avec lui.

A transmettre k l'Exécutif pour publication et esécution.

Fait en la saUe des sessions de l'Assembléelégislative à Guatemala
le 12 mai 1928.

(Signé) A. RIVERAP., Président.
Federico CARHOKEI x., secrétaire.
Ramon CALDEKONs,ecrétaire.

. Palais du Gouvernement, le 18mai 1928

A notifier et publier
(S.) L. CHACOS.

Le Secrétaire d'gtat au Bureau de 1'Intkrieur et de la Justice
(S.) L. Aiberto PAZ Y PAZ.

Le présent Décret a fait l'objet d'une addition l20 février1948 au
moyen du Décret no478 du Congrés attribuant à la Cour Suprême de
Justice la connaissance du recours de protection interjeté contre le
Procureur Généralde la Nation et contre les ~nagistrats du Comité
National électoral qui ne sontpas mentionnés k l'article 3de la lode
protection.

COPY OF THE DOCUMENTS
FILED IN PROCEEDIXG NUIIIBER rog '

UIRECTED AGAlNST : Federico NOTTEBOHhZ WEBER AND
KARL HEINZ NOTTEBOHRi STOLTZ.
IVITH REFERENCE TO THE EXPROPRIATION OF THE

ESTATES :"MORAZAN A"ND "GUATALON"

'The undersigned Secretary of tlie Department for Germaii AHairs
(Departamento de Asuntos Alemancs) of the Rlinistry of the Treasury
and Public Credit (hlinisterio de Hacienday Crédito Publico),certifie:
Tliat for the purposc he has had before him the petition, ruliiig, aicl
file of documents, which, literally copied, read: -"Department for
German Assets (Departamento de Bienos Alemanes) : Ministry of the
Treasury (Ministerio de Hacienda).-1, Karl Heinz Nottebohm, as the
prosy of Afr. Fderico Nottebohm iveber, as statedin the respective

' This Annex consists of an exact translatof the documentswhicli were
abtaincd by the lcgal representatiof Xlr. Xottcbohmin Guatemala.lt isa
proceedinginstitutcdinGuatemalaebucnhlr. Xottebohinreliresentativin anc
effort to secure thc rcturn of his propertie-andoGuatal6n. ANNEXES TO REPI-Y OF LIECHTEN5TEIK (NO. 22) 47I
file of documents, respectfiilly request that at my own cost and with

the knowledge of the l'ublic hlinistry (Miiiisterio Piiblico), there be
issucd to me a cornplete certifiedcopy in duplicate of the file relating to
the exception of the espropriatioii proceedings initiated against Mr.Fede-
rico Nottebohm Weber, whicli is in the possession of your Department.
Guatemala, 3rd. ofNovember, 1951.-(signed) Karl Heinz Nottebo1im."-
There is a stamp indicatirtg the receipt of the document which reads :
Departmcrit for German Affairs (Departamentode Asuntos Alenianes).
hliiiistry of the Treasury ciiicPublic Credit (Miriisterio de Hacienda y
Crédito Pilb1icoj.-Delivered by :Licenciate (Lic.) R. Cerna.-Received
on the 5th. of November, 1951.-At : 14.30 heurs.-Registered under
number.-No. 01361.-De nrlrneiztforCeuma~A afairs of theMirtistry of
the Treaszlry and Ptrblic fredit (Deparfurnewlo de AszlîitosAlemaires del
Ministerio deflncisnda y Crc!ditoPiiblico):Guatemala, sixth of Novcmber, l
one thousand nine hundred and fifty-one.-Szrliject : Karl Heilaz Nofte-
bohm, us the proxy O#iMr. lederico NotiebohmWeber,reqrtestsa certified
coPy itzduplicale O/ the file relating lo the exceptioof the expropriation
#roceedi>~g isztintd ngoiiistMY. FedericoNottetiohnzUreber.-As request-
ed, with the previous knowledge of the Public Ministry (Ministerio
Publico), and at the cost of the interestecl party, issue as may be con-
venient the requested certified copy in duplicate.

Articles 104, 105 and 1x0 of Governmental 1)ecree 1862.-(Let it be I
notified. (signatures) Reyes Cardona.-O. Torufio 0.-Thert?. is the
stamp of the Department for German Affajrs(Uepartamento de Asuntos 1
Alemanes) of the Ministry of the Treasury and Public Credit (Rlinisterio
de I-Iacienda y CréditoPiiblico). hTotificatzortsln the city of Guatemala,
it being cxactly 10.00 hours on the eighth day of November, onethousand
nine hundred and fifty-one, 1 notified in the Public Jlinistry (Afinisterio
Publico) the content of the foregoing decision, No. 01361, to the Procura-
tor General of the Nation (Procurador General de la Nacibn) By mcans

of a document which 1 handed over to Licenciate (licenciado) Alfonso
Hernkndez Po1anco.-Certified by me.-(signed) J. Oscar Barrielitos.-
There is the stamp of the Notifying official for German Affairs (Oficial
Notificndor de Asuntos Alemanes). In thecity ofGiiatemala, it being Ir.oo
hours on the 8th. of November, onethousand niiie hundred and fifty-one,
in the office of the Department for Gemün Affairs (Departamento de
Asuntos Alemanes) of the 3Jinistry of the Treasury and Public Credit
(Ministerio de Hacienda y Crédito Publico), I notified the content of the
foregoing decision to Alr.Karl Heinz Nottebohm, by means of the docu-
ment which 1 handed over to Licenciate (licenciado) Carlos Rodriguez
Corna, and, having been informed, he did not sign-signing as witness
of his presence Xr. Emilio liecinos hl.-Certified by me.-(sigried) J.
Oscar l3arrientos.-E. Recinos blufioz.-There is thestamp of the Notifier
(Notificador).

Folio No. I of the file : "Public Mi~zistry (Minzstsno Priblico):
Guatemala, twentieth of August, one thorisand nine hiindred and
forty-five.-In conformity with article j of Legislative Uecree II4,
Messrs. Nottebohm Brothers are informed of the term, which may
not be estended, of three dayç in which they shall appear before the
Government Clerk (Escribano del Gobierno) to issue the deed of trans-
ference of ownership, in favour of the Nation, of the estates "Morazan"
and "Guatalbn", registered respectively in numbers 1204, folio 108,4T2 ASSESES TD HEPLT OF LIECNTESSTElS (SO. 22)

of book 9 of Siichitepéquez and 3928, folio140, of book 24 of Suchite-
péquez, the information of the registration of which in the Kegister
(Registro) and their fiscal declarations are be found in this file, with the
warning that it will be issued officially, in case of their refusal, pointing
out that the time elapsed in communication (término .... de la distancia)
is included in the term indicated, and that Messrs. Nottebohm Brothers
are included iinder the provisions of the Expropriation Decrees.-Let
it be published according to the law in the Officia1 Jounial (Diario
Oficial).- (signatures) Méndez fiiontenegro. F. Saavedra 'T.-There P.
is the stamp of the Public Ministry (Miiiisterio Publico). . . . . . . .

Folio No. 2.-Tliis Officc (Despaclio), in the respective expropriation
proceedings, has issued the followingdecisionwhich reads literally:.. . .
"Public Ministry (Ministerio Publico) : Guatemala, twentieth of August,
one thousand iiine hundred and forty-five.-In conformity with article 5
of Legislative Decree No. 114, Messrs. Nottebohm Brothersare infonned
of the term, which may not be extended, of three days in whicli tliey shall
appear beforc the Government Clerk (Escribano de1Gobierno) to issue
the deed of transfereiice of owiiership, in favour of the Bation, of thc
estates "Morazin" and "Guataldn", registered respectively in numbers
1204, folio 108,of book 5)of Suchitepéquez and 2928, folio140, of book
24, of SuchiteyCquez, the information of the entering in the Kegister
(Registro) of which and their fiscal declarations are to be fouiid in this
file, with the warning that it will beissued officially, in criseof their refusal,
pointing out that the time elaysed in cotnrnu~iicatiori (térmitio.... de la
distancia) isinctuded in the term indicated and that Messrs. Kottebolim
Brothers are included under the provisionsof the Expropriatioii Decrees.
-Let it be published according to the law, in the Officia1Journal (Diario
0ficialj.-(signatures) fifarcial RléndezAl.-F. Saavedra T.-:Incl for the
purposes of the law, the present declaration is made.-Secretariat of
the Public hlinistry (Secretaria del AIinisterio PUblico) : Guatemala,
twenty-first of September, one thousaiid nine hundred and forty-five.
-Secretary. FidelSaavedra T."-On folio3 isto be found No. 64 of the
Official Jouriial (Diario Oficial], dated the 25th. of September, 1945,
Volume XLIV, in which appears the eclict copied above.-"Geizerol
Registuy ofthe Keprtblic(Registro Gerrorutde la Kepziblica): Guatemala,
No. 1.-The Director of the General Register of Immovable l'roperty
(Registro Generai de la Propiedad Inrnueble), Certifie: That on foIio
IOSof book g of Solola, appears estatNo. 1204,the documents registering
the ownersiiip of wtiich literally read:Nurnber r.-Property uriderthe
jurisdiction of the municipality of Sta. Birbara, Department of Solola,
made up of çeven caballerias, fifty ma~rzu~aasi,x thousand two hiindred
and forty-two square yards, the boundaries of which are :East. blarcelino
Garcia, Rafael Leal and Virgilio Wernandez ; South. Aiito. 'I'aboada,
West. Valentin Riiiz and North. NicolAsGarcia. Tlie owner of this estate
is Pedro Rodas, who acquired it in a public auction according to entry
497, folio 445 volume 4 of Solo1i.-Guatemala, 27th. of ITebrunry, 1935
-(signecl) JosC Mariano Trabanin0.-Number 7.-Federico N~ttebohm
iveber and Karl Nottebohm Stoltz are the owners of this estate, as statcd
in the 14th. of ownership of the estate No. 1368, folio 274, volume 375,
4th. of solola. -Entry 591, folio414, volurne 37S.-Guatemala, 8th. of
June, one tliousand nine hundred and thirty-eigkt.-(si
Mariano Trabanin0.-And in orcler to Iiriiid it over to tFrovcdniJost ASSESES TQ REPLI' OF 1,IECHTESSTEIS (?;o. 22) 473
Clerk of the High Court of Justice (Escribano de Chara del Gobierno),
1 issue the present certificate, on a single sheet of paper;iGuatemala,
on the sixteenth day of the rnonth of October, one thousand riine hundred
and forty-five.-(signed) Illegible. "-There is tliestamp of the Gcnerni
liegistry of the Repuhlic (Registro Generai cle la Repiiblica). . . . .

Folio 5 . .. .General Registry of the RePztblic(Regisfyo Generulde la
Refiziblica).-Guatemala ..TKhe. Ilirector of the General Registry
of rmmovable Property (Regiçtro Genernl de la Propiedad Inmueble),
certifies: thaton folio 140 of book 24 of Solola, appears the cstate
No. 13928, the registration of the ownership of which literally reads :
Humber 1.-Property situated under the jurisdiction of Santa Birbara,
measunng turenty-seven caballerius, forty-two InanZanas,eight thousand
and forty-five square yards, from which must be deducted fourteen
mnnzanas, two tiiousand nine hundred and thirteen square yards
leased to the Central Guatemala Railway Company (Empresa de1
Ferrocarri1 Central de Guatemala), thris leaving an area of twenty-
seven cabalJerz'as,twenty-cight mnzaîiris, iive thousand one hundred
and thirty-two square yards bounded by : on the North,"Las Il~isiones",
and the property of the Hacienda "Variedades" with wire fences betweeii
the properties ; on the South, the Nacieridu "La CabaÏia" and a srnall

part of "San Pedro El Socorro" ; on the East, "Las Lomas" and part
also of "El Socorro", with the river "Sigiiacan" between ; arid on the
West, "Santa Elena" with the river "Seco" between and the praperty
"San Ramon". ivith an old fence between.-Enrique Diederichsen is
the owner of the proyerty thus bouiidcd which was formed from the
area of estates 31 and 3268, the numhers of which were completely
cancelled, and of the siirplus, consisting of two caballerias,sixty rna3zzarzns
and nine thousand two hundred and twiisquare yards which by reason
of the payrnent of three thousand two hundred and thirty-nine +esos,
one ce~ttuvo, aç adjudged to him by tlie Executive Power in an agreement
of the eighteenth of April last, as üIlpcariitlie title deed issueby the
Constitutiorial Yresident of the Kepublic, Ç. Carlos Herrera, in Guate-
mala on the twentieth of May of thiç year and countersigned by the
Government Notary (Notario del Gobierno) Licenciate (Licdo.) Abel
Paredes, which was presented on the twciity-third of June last at
IO. a.m.-Eiitr~. 118, folio 179, volurnc 13, Journal (Diario). Quezal-
tenango, 23th of Julj, one thousand ninc hundred and twenty-one.-
(signed) D. G. Escobar.-Number 7.-Feclerico Nottebohrn Weber and
Karl Nottebohm StoIlz are the o\vncrs of this estate, as stated in the
fourteenth of ownership of estate No.368, folio274, volume 4 of Solol5.-
Entry 5g1, folio 4x4, volume 378.-Giintemala, eighth of June, one
tkousand riinehundred and thirty-eigtit.-(signcd) José Mariano Tra-
banino.-And in order to hand it ovcr to the Government Clerk of the
High Court of Justice (Escribano dc Ciimar:~del Gobierno), 1 issue the
present certificate in one single sheet of paper in Guatemala, on the
sixteenth day of the month of Octdber, one thousarid nine hundred
and forty-five.-(signed) Illegible. Tlieriç the stamp of the Registry
of Irnmovable Property (Registro de la Propiedad Inmueble).

Folio 6. PrrblicMintstry (Ministerio Ptiblico) : Guatemala, twenty-
eighth of September, one thousand niiie hundred and forty-five. Since
the term of three days fised for Nottehohm Brothers to issue the deed
trançferring ownership in favour of tlie Xation of the estates "Morazin"474 ANXEXES TO KEP1.Y OF LIECHTESSTBIN (NU. 22)
and "Guatal6n", situated in the department of Suchitepéquez, has
expired, since they have refused, let it be issiied officiaIthe preseiit

proceedings being put into force for that purpose by the Government
Notarial Office (Escribn~iia clel Gobierno).-Articles 7-Legislative
Decree 114.-(signatures) Marcial Méndez Motitei~egro.-F. Saavedra
T.-There is the stamp of the Public Blinistry (Ministerio Publico).-
Notice : by adeed autliorised by me and dated today, the estates referrect
to in this file were adjudged as belonging to the Nation.-Guatemala,
twenty-second of October, one thousand nine iiundred and forty-five.-
(signed) Eduardo Rivera 31.-There is the stamp of the Government
Notarial Office (Escribania de Cimara y Gobierno.)

Folios 7 toIO-Nz~mber one Auizdred and ~werzty-o~~e.---It~e city of
Guatemala, on the tweiity-second day of the month of October, one
thouçand nine huridrecl and forty-five, in iny prescnce, Eduardo Rivera
Morales, Government Clcrk (Escribano del Gobierno), and in the presence
of the witnesses, cornpetent according to the law and residents iii this
city, Messrs. Jorge hlolina. Franco and Allredo Tcjeda Cruz, tliere
appeared : on the one hand, Licenciate (licenciado) hlarcial hléiidez
Montenegro, and on the other Licenciate (licenciado) Gonzalo Méndez
de la Riva, both of thirty-eight years of age, rnarried, lawyers and Nota-
ries, Guatemalans by birth, resident in this city and in full enjoyment
of their civil rights.-TheFirst acts in his cap8ty as Procurato Greneral
of the Nation (Procurador General de la Eacion), according to the nomi- *
nation dated the sixtli of April of the present year issuby the Congress
of the Republic in Decree number fifty-sis ; and the Second, appears
in his capacity as Under Secretary of the Treasury and Public Credit
(Subsecretario de Hacieiida y Crédito Publico), according to the nomi-
nation dated the twenty-siuth of June of the preseiit year issued by the
Executive Power.-1, the Government Clerk (Escribano del Gobierno),

certify: that the applications (representaciones) prcsented by Messrs.
Licenciates (licenciados) AIéndezJfontenegro and Méndez de la Riva
are adequate for the purposes of these proceeclings and fulfil the require-
ments of the law ; that 1 know the witnesses, as also the mandators, and
that the latter, assuring me that they possess the neccssary civil pow-ers
and that they answer to the corresponding description, verbally and in
Spanish, declared before me :
Firstly: The Procurator General of the Nation (Procurador General
de la Nacion) Licenciate (licenciado) Rlarcial Méndez hlontenegro,
declares: that, in conformity with the dispositions of Governmental

Decreeç numberç :three tiiousand one hundred and thirty-four (3134)
and three thousand one hundred and thirty-five (3135) d~uly approved
by the National Lcgislative Assembly, and in thosc in which, in cases of
public utility and necessity, assets beloiiging to private persons or cor-
porations included in the "Promulgated Lists" ("Listas Proclamadas")
published in the Officia1 Journal (Diario Oficial) and in those which
appear listed in article forty of Governmental Decree number two thou-
sand six hundred and fifty-five (26j5), were decIared to be expropriated
in favour of the Nation ; and in fulfilment ofthe dispositions of Govern-
mental Decree number three thousand one hundred and thirty-eight
(3138 )nd Legislative Decree number one hundred and fourteen (114) ;
he initiated on the twenticthof August, one thousand nine hundred and
forty-five, in the Ministry iinder his direction, the corresponding deci- ASXEXES TO HEPLY OF I,IELHTENSTEIS (N,,. 22) 472

ions for the purpose of issuing a deed transferring ownership in favour
of the Nation of thc two rural estates: "hlorazin" and "Guatalbn",
situated under the jiirisdiction of the municipality of Santa BBrbara,
in the department of Sucliitepéquez, belonging to "Nottebohm Brothers
Limited" and registered in the General Register of Immovahle Property
(Kegistro Generat de 1üPropiedad Inmiieble) under numbcrs onc thousand
two liiiiidred and four {~zoq),folio one hundred and eight (IoS), of the
ninth book (9th.) of Sololj;and three thnusand nine hundred and twenty-
eight (3928), folio one hundred and forty (140) of the twcnty-fourth
book (24th.) of Solola, respectively ;aiid possessing the boundaries and
estent acknowledged in the sme Register (Registro) ; the said estatcs
are included in Decree N umber three thousand one hundred and thirty-
five (3135a )nd their proprietors, Messrs. Nottebohin Brothers, in the
Promiilgated Lists(Listas Proclamadas).-That in the respcctive proceed-
ings were içsued judgments to this effect :\"Public Jlinistry (Ninisterio
Publico), Guatemala, twentieth of August, one thousancl nine hiindred
and forty-five.-In conformity with article 5 of Legislative Decree 114,
Slessrs. Nottebohm Brothers are informed of the term, which may not
be extended. of three days, in which they shall aypear before the Govern-
ment Clerk (Escribanodel Gobierno) to içsue the deecl of transference of
ownership, in favoiir of the Xation, of the estates "JIorazAn" and
"GiiatalOn", registered respectively in numbers 1204 olio 108, of book g
of Suchitepéquez, and 3928, folio140, of book 24 of Suchitepéquez, the
information of the registration of which in the Register (IZegistro) and
their fiscaldeclaratioiis appearin this file, with the warning that it will
be issued oficially, ii~case of their refusal, pointing out that the time
elapscd in communication (término ...de la distancia) is included in the
indicated term and tliat Messrs, Xottebohrn Brothers are included under
the provisions of the Espropriation Decrccs. Let it be published accord-

ing to the laiv in the O%cial Journal (Diario0ficial)-(signed) liIarcial
316ndez hl.-!?. Saavedra T." (Therc is the correslionding stamp).
.Ancl that which follows, to this cffect : Public Ministry (Mitiisterio
Yiihlico) : Guatemala, twenty-eighth of September, onc thousand nine
hiindred and forty-five.-Since the term of three dayç fixed for
Nottebohm Brothers, iii lvhich they werc to issue the deed transferring
ownership, in favour of the Nation, of the estates "Morazan" and
"Guatalbn", sitiiatedin the Departmen t ofSuchitepéqiiez, has expired,
and since they have thus refused, let it be issued officially, the present
procccdings being put into force for that purpose by the Government
90tari:~l Office (Escrihania del Gobierno).-Article 7, Legislative
Decree 114.-31arcial hléndez 3îoiltcncgro.-F. Saavedra T. (There
js the correspondiiig stamp.) Seco~zdly : Thüt, by virtue of the said
reason, the publications having becn made according to the law
in thc Officia1 Journal (Diario Oficial), and the term of three days
fised for Nottebohm Brothers and Coinpany having expired and heen
esceeded, in which, in confom~ity with the decision transcribed
above, they were to issue the deed trançferring the ownership of the
properties described iii the first clause of this document, without having
carried this into effcct at thc time of writing, and by virtuc of the dispo-
sitions of the second, fifth and eighth articles of Legislative Decree
Number onehundred anclfourteen (114 )nd since there esists no counter-
claim or claim pending iiifavour of Nottebohm Brothcrç and Company,
-since tliey have refiised,he issues in favourof the Sation ndeed trans-ferring ownerçhip, to be rcgistered iiithe Register of Imniovahle Pro-
perty (Registro dc la Propiedad Inmueble), of the rural estates known
as :"Moraz&n" and "Guatalhn", situated under the jurisdiction of Santa
Barbara, in thc Department of SuchitepPquez. and entercd resliectively
in the General Register of Immovahle Property (Registro General de
Ia Propiedad Inmiieble) under the niirnbers one thousand two hundred
and four (rzoq), folio one hundred and eight (IoS), of book nine (9)of
SoloIi ; and three thousand nine hundred and tweiity-eight (3928) f,lio
one hundred and forty (140). of book twenty-four (24) of Solola.-
Tliirdly: The transfer is made free of mortgages, annotations aiid
limitations.-Fourlhly :-that, inconformity with the Decrees rnentioned
at the beginning, the amount of the indemnity due to,Messrs. Nottebohm
Brothers, oii accoiint of the two yroperties hereby transferred in favour
of the Nation, is : ei hteen thousand quetzales(Q. 18.ooo.ooJ, i.c.:tlircc
thousand guetroles (8 3.mo.00) for thc estate "MorazAnl' and fifteen
thousand qzcetzales (Q. I~.OOO.OO) for the estate "Guatalon" ; the value
in which the said estates were 'declared for the yurposes of the payniciit
of the tax of thrce yer thousand on the date of the declaration of war,
a papent which will be carried out in the form established by the first
article of legislative decree number one hundred and foürtecn (114) of
the sixteenth of May of the present year.? Fifthly : The Under Secretary
of the Treasury and Public Credit (Subsecretario de Hacienda y Crédito

PubIico), Licenciate (liccnciado) Gonzalo hléndez de la Riva, declares
that, on the terms designated by the present instrument, hc accelits
on behalf of the Nation the transfer madc in its faveur.-1, the Govern-
ment Clerk (Escribanodel Gobierno), certify that 1have had l~eforeme :
(a) the file instituted by the Prociirator Geiieral of the Nation (Yrocii-
rador General dc la Nacion), in whic1i are to be found the decisioiis
transcribed ; (b) a certificate of the Registry of Irnmovable Property
(Registro de .la Propiedad Inrnucble) containing the registratioiis of
ownership now in force referring to the expropriated estates ; (c) the
Decree and agreement in which appear the nominations of Licenciates
(licenciados) hiéndez Montenegro and Méndez de la Riva ; (d) the
niimbers of the Officiai Journal (Diario Oficial) in which the ahove-
mentioned Governmentnl and Legislative Decrees are published, :ilid
those containirig the publication of thc corresponding edicts, and (c)
the fiscal settlements which, literally copied, read : "The undersigned
Secretary of the General Directorate of Income (Direccibn GeneraI de
Rentas), certifies: that, in register No. 4314-of the Department of
Suchitepéquez, corresponding to Nottebohm ?3rothers, is registcrcd thc
estate : "Xlorazin", the numbers of the registration of which arc :
108lgl.-with an area of 3517.739 metres.-Declared to be of the value
of Q.3.000.00 (three thousand quetzales).-Guatemala, eleventh of
Junc, one thousand nine hundred and forty-fivc.-(signature illegiblc)."
-5ecretary.-Approved. A. Padil1a.-Director General of income
(Director General de Rentas).-There are the corresporiding stamps.
And that which follows to the effect that: "The undersigned Secretary
of the General Directorate of Income (Direcciiin General de Kentas)-
certifies: that in the register No. 4314-of the Department of Suchi-
tepéquez, corresponding to Nottebohm Brothers, is registered the
estate "GuatalOn", the numbers of the registration of which are :
3gzSI140/24.-with an area of rzqS3.oz mretres. Declared to bc of the
value of Q.15.ooo.00 (fifteen thousand quetzales).-Guatemala, elevcnth ASSi:SES TO REP1.Y OF i,IECHTESSTEIN (sri22) 477

of June, one thousand nine hundrcd and forty-ninc.-(signature illegi-
Me)."-Secretary ; Approved. A. I'adil1a.-Director Gerieral of Inconic
(Director General de Rentas).-There are the corresponding stamps.-
I certify :that as appointed by tlie mandators 1 read to them the whole
of what haclheen written iii the presence of the witnessesof the instrument,
and that, well informecl of its content, effects, object and the gcnernl
clauses which ensure the validity of this instrument, as also that 1 gave
the necessarjr warning with respect to the presentation of the evidence
of this document to the Registry of Immovablc Property (Registro
de la Propiedad Inmueble) for the purposes of its registration, thcy
accepted, ratified and signed together with the witnesses of the instrurneti
and with the Clerk (Escribano), al1of which 1certify.-Marcial Rléndez
M.-G. Méndez de la Riva. J. Molina F.-Alfredo Tejada C.-ln my
presence: Eduardo Rivera M.-'I'liis is the first affidavit,which, duly
collated with its original and heing on four effective sheets, 1 issue,
stamp and sign, in the city of Guatemala, on the tweiity-sisth day of
the month of January, one thousand nine liundred and forty-sis, in
order to deliver it to the Procurator General of the Nation (Procurador
General de la NaciOn).-Signature Eduardo Rivera M.-There is ttie
stamp of the Government Notarial Office (Escrihania del Gobierrio).

Polios 11a?td 12.-"Public Ministry (Miriisterio Pziblico).-Guatemala,
Central America. Office NO. 864.-Guatemala, 24th. of May, 1950.-
Subject : Karl Heinz Nottebohm Stoltz, Federico Nottebohm \lTeber:
Expropriatiori fileNo. 345.-There is also a counter-claim, in File Bo.46,
on 65 sheets, initiated by Carmen Nottebohm.-Mr. hlinister:Ilicon-
formity with articles 7and 18of Decree 630 of the Corlgress of the Repu-
blic, it in accordance with the law and thus 1 recluest : tliat thi:re be
designatecl the term, which may not be extended, of three days, in whicli
shall be included the time elapscd in communication (término ...de la
distancia), within which Messrs. Karl Nottebohm Stoltz and Federico
Nottebohm \Veber shall appear before the Government Clerk of tlie
High Court of Justice (Escribano de CBmara del Gobierno) to issue a
deed transferring ownership in favour of the Nation in respect of tlie
following properties :Estate "Morazin", Reg. 1204, folio 108,book g ;
and estatc "Cuatalbn", Regs. No. 3928, folio 140, of book 24, both of
Sololit.-The said decision must be issued with tlie warning that tlie
deed will be issucd officialliricase of their refiisal, and this expropri-
ation cari he extended in later documents ifany otlier assets should bc
discovcrcd whicli for any reason cioesnot figure irithe present procecd-
ings and which belongs to the gentlemen indicated. 'The publications

required by the Iaw and to enable notification to be made to the expro-
priated prsons musi bemacle previously. The facts of the registct'011
in the Register (Registro) and in the List of Immovable Assets (Matri-
cula de Rienes Inrnuebles) appear in this file.Yointing out to thisMinistry
that, since according to note No. 67 dated the zznd. of May ofthe curreiit
year, the Government Notarial Office (Escribania del Gobiernoj Iiad
already issued a deed transferriiig the ownership of the assets referred
to in thisfilewhich deed was not put into effect in the respective Registry
(Registro) as the said properties had been wrongly entered under the
name of the finn "Nottebohm Urothers", it is according to law that ânew
document should be drawn up correcting the said errer.-Attentively-
(signed) J. F. Licona.-José F. Licona hl.-Procuratoi General of the ASSEXES TO REPLY OF LIECHTESS'TEIS (XO. 22)
47$
Xation (Procurador General de la Nacion) Hescl of the Public Niriistry
(Jefe del Ministerio Publico). >Ir. Minister of the Treasury and Public
Crcdit (Ministro rlc Hacienda y Crédito I'ublico). National Palace."-
There is the stamp of the Public Ministry (Miiiisterio Publico) and
rinother which reads : Department of National Assets, Auctions and
German Affairs (Uepartamento de Biencs Nacionales, Licitacio~ies y

Asuntos ..\lemanes), Ministry of the Treasury and Public Credit (Minis-
terio de Hacienda y Crédito Piibljco).-Hancled over by: Public Ministry
(M. Publico).-Keceived on 26th. 3lay 19.50.-At :10.00 heurs.-Regis-
tered Xumber 160.-X.-Folio 13 : -"3S4-~lli~tistry of the Treastrry
ctndPzrblicCredit (Minislerio deHacierzdny Cridito Pziblico): Guatemala,
twenty-fourth of July, one thousalicl niiie hundred and fifty.-Subjcct :
The expropriatiort ofthe estates"Morazkrc" nrtd "GuataEdia"b , elongingto
Federico NoitebolttrarrdKarl Nottebohm Stoltz,sitztuted in Suchitepéquez.
-sem and conside~it~ g Tli:it, the Brothers Federico Nottebohm Weber
and Karl Nottebohm Stoltz corne within the crirninal forms classified
and penalised hy articles 7 and 18 of Decrce 630 of the C. of the R.,
lherefore: This Office (Despacho), Resolves:
(a) To indicate to Sottebohm Brothers the term of three days, whicli
rnay not be extended, in which is to be included the time elapsed in
cominunication (térmirio ...de la distancia),in which they shail appear
themselxTesor iiithe persanof theirlegalrepresentativc beferethe Govern-
ment Xotarial Office (Escribarlia de Camera y Gobierno) to issue a deed
transferring ownership in fa\-our of the State of the estates "Morazhn"
and "Guatalbn", sitiiatecl in Suchitepécluez;
(b) '10warn Nottebohm Brothers thnt, in cAse of their refusal,the
State will issue the respectivedced oficially ;
(c)That this decision be published in the Officia! Journal (Diario
Oficial) three times wittiiit the term of fifteeri clays ; and
(cl)That it be brought to the notice of tlie person affected.-Articles
43 and 45 of Decree 630 of the C. of the lZ.-(signatures) A. Padilla 1.
-F. Barilas C."-Thcre is thestamp of the BIinistry and the Treasury
aiirP. C. (Ministerio de Hacienda y C. P.)
iVotifications:On the third of August, one thoiisand nine iiundred aiid

fifty, it bein17.0 0lours,I notified the foregoing decisiontu the Procu-
rator General of the Nation (I-'rocuradorGeneral clc la Nacion) by meaiis
of the documeiit handed to MissMaria Nory Moreira.- Certified by me.-
(signed)-4. hIufiiz17.-Tlicre is the sta~iip of thc Xotifying Officia1for
German Affairs (Ofîcial Notificador de Asu~itos Alenianes).-On the
fourth of August, one thousand nine hundrecl and fifty, it beirig 15.25
hours, at NO.31,Eighth Avenue South, 1 iiotified the foregoing clecisio~i
to Messrs. Nottebohm, by means of the docuiiicnt hariclcd to Mr. Ciiil-
lermo Grotte.-Certified by me.-(signed) A. Nufiiz F.-There is the
stamp of the Notifjiing Officia1 for Germai Affriirç(Oficial Xotificador
de Asuntos Alemanes).-1;olio 14.-"&Ir. JIinistcr of the Treasury aiid
Public Credit (Ministro de Hacienda y Crédito Piiblico): 1, Karl Heinz
Xottebohm Stoltz, on my own behalf and as the prosy of &Ir.Federico
Nottebohm \Veber, a legal represeiitation \vhich 1have proved before your
Office (Despacho), attentively refer to decision iiumber three hundred
and eighty-four (384), issucd by your Ministry, clatcdthc twenty-fourth
of July of the prcscnt year, by which isinclicated ':to Nottebohm Bro-
thers" the term of thrce days in which they must issue in iavour of tlie
State a deed transferring ownership of the estate "Morazh" and AKKEXES TO REPLY OF 1,II:CHTEXSTEIiY (h'ri. 22)
479
"Guatal6n", sit~iated in Suchitepéclucz.May 1 bc allowed to poirit out
tliat tiie clegrcc of kinship between Air. Federico Xottebohrn \Iieber
and the unclersignetl, is that of uncle alid nephew, and not that of
brothers as stated iri the above-mentioned decision.-Furthermore,
since 1,the undersigiied, am of Guntemalan nationality, and Mr.Federico
of Swiss nationality, ancl since no Company esiçts formed hetween us
foi the orvnerstiip of the said estntes, article7 ancl 18 of Yecree of tlie

Congress 630,on wliiclitbe Riinisterial clecisionis based, are not applicable
to us.-For the saiil legal reasoris 1 appear beforc you to present a
petition of exception against tlie cspropriatio~i proceedings in respect
of the above-mentioned estates, ancl1 request that it be declared adrnis-
sible, that a trial be made of it as opportune, and tliat it be definitely
resolved as convenient.-Guatemala, ~2nd. of Augiist, 1gjo.-(signecl)
Knrl Heinz Nottebohrn on hiç own befialf and as tlic prosy of Mr. Fecle-
rico Nottebohrn."
There isa starni, indicating the reccipt. which rcads : "Deyartment
for Gerrnan Affairs (Departamento de Asuntas Alemanes), Ministrj?
of the Treasury and Public Credit (Ministerio dc Hacienda y Crédito
Publico) : Delivcred by Int.-Received on the :zgrd of August, igj0.-
At 11.00 hours. Kegistered under No, 160,"-Foli 15-No. oo671.-
ifinisiry of the Treoszwy und Public Credd {Ministevio de Huciefzdn y
Crédito Pdblico) : Guatemala, twenty-fourth of August, one thousand
nine hundred aiid fifty :Subject :hlessrs. Karl Heinz Nottebohm Stoltz
and Federico Nottebohm ifTeber,present a yetition of exception against
decision Xo. 384 of this Ministry. Seen and coizsiderir:gThat Messrs.
Karl Heinz Xottebohm Stoltz and Fcderico Xottebohm \Ireber have
appeared before this Office (Despacho), within the term laid down by
paragraph 11 of article 43 of Decree630 of the Congress of the Repiibtic,
indicating their coiinter-claim. in respect of the expropriation of tlic
Estatcs "MorlizAn" and "Guatal6n", situated in Siicliitepéquez; there-
fore :This Office (Despacho) Resolves :
(A) To admit the :tbove-mentioned petition of escelition and [B) to
submit the coiinter-claim to trial for the term of fifteen days.-Article43
and 60 clause (b) Decrees 630 and GS9, respectiveIy, of the Congres of

the Reyub1ic.-Let it bsnoti,&d.-(signed) A. Padilla 1. By order of the
Under Secretarÿ A. Zelaya G.-Chicf Oficial (Oficial Mayor).-Thcre is
the stamp of the Ministry of the Treasury and Public Credit (hlinisterio
de Hacienda y Crédito Publico).-Notificatiolts ..
On the twenty-ninth of August, one ttiousand nine hundrecl and
fifty,it being 15.15 hours, I notified the foregoing decision to the Procir-
rator General of tlie Nation (Procurador General de la Nacion), by
means of the docurnent delivered to Mrs. Maria Teresa Barrios.-Ccrtified
by me.-(signed) -4.Muniz F.
There is the stamp of the Notifÿing Official for Gerrnari Affairs (Oficial
Notificador de Asuntos Alemanes).
On the same date, it being 15-30lioiirs, 1:notificd, at No. 31, Eiglith
Avenue South, tlic decision to hlessrs. Karl Neitiz Nottebohm and
Fedcrico Nottebohm by means of the document delivercd to the person
who said she \vas called Rosa Cabrera.-Certified hy me.-(signed)
A. Muniz F.-Therc is the sta~np of the Xotifyiiig Officia1for Gcrmaii
Affairs (Oficial Xotificador de Asuiitos Alemanes).-On Folios 16, 17
and 18 are to bc foiiiidthe Officia1Jourrials (Diarios Oficiales) dated tlie
~3rd. and 30th. of August and 6th. of Septernher, one thousand nine380 tiSSEXES TO REPT,Y OF 1.IlSCHTESSTEIS (XII22)
hundred and fifty, in which appeared the cdicts ordered by the expro-
priation decision.-Folio 19-&Ir. hlinister of the Treasury and Public

Credit (Ministro de Hacienda y CréditoPublico).-Subject : The enpro-
priation proceedings in respect of the estates "Morazin" and "Gua-
talori", belonging to Karl Heinz Nottebohrn Stoltz and Fedenco Notte-
Bohm Weber.-1, Karl Heinz Nottebohm, whose particulars are known,
respcctfiilly present myself in my capacity as general Iiioxy of my
uncle Mr. Federico Nottebohm Weber and refer to the decision issued
by this hlinistry under the No.00671, dated the 24th. of August of the
present year, adrnitting the petition of esception and ordering that the
counter-claim which liad been presented be put to trial.-Evidence on
behalfof Fedeyico Nottebohm Weber.-There esists in this hlinistry the
file rclating to the expropriation of assets belonging to my mandator
initiated by the Public Ministry (Ministerio Publico) in the year 1945
marked with the NO. 46 ; in which file :ippear the following decisions
and documents :
(1)Certificate of the hlinistry* of ExternalRelations (Alinisterio de
Relaciones Esteriores), relating to the registration of my rnandator as a
resident foreigner, of Cerman natioiiality, under Entry No. rgGS,
folio1968 of book 20, dated the 16th. ofApril,1928, and modified on the
7th. of February, 1940, in the sense of recognising that the registered
persori tiolds the nationality of the Principality of Liechtenstein.
(2)Certificate of the Ministry of External Relations (Ministerio de
Relaciones Exteriores), containing copies ofletters relating to personal
details in respect of my mandator signed by Messrs. Licenciate (licen-
ciado) José Maria Reina Andrade, Carlos Herrera Dorion, Roberto
Fischer, Doctor José Luis Asencio, Mario fViliemsen, Arthur Keale and

Daniel Orbaugh.
(3) The First Affidxvit of the registration No147 in the Kegister of
the Supreme Court of Justice (Registro de la Corte Suyrema de la Justi-
cia), d:lted the 15tfiofJuly, 1946,relating to the declaration as to the
nationality of my mandator made by the Government of the Princi-
pnlity of Liechtenstein.
(4)Declarations of the witnesses Doctor Leopoldo Aschkel and
'rlrCarlos Elmenhorst, inrespect ofthe persona1 circ~imstances guaran-
tecing the conduct of inymandator.
(5)Certificate of tlie testimony of public document No. 54 authorised
in this city by the Notary &Ir.Federico Salazar Gatica on the 16th. of
Alarch, 1939, in whicli appears the general power of attorney granted
by Mr. lîederico Nottebohm in favour of Karl Heinz Nottebohm. As
evidence on my mandator's béhalf, 1 request that at my own cost the
docu~nents and decision specified to be found as 1 stated in the file ,
carried by your Ministry under the Number 46, be registered in the
present expropriation file relating to the estates "Morazan" and "Guata-
Ibn".-Guatemala, 6th. ofSepternber,,~g=jo.-( KsiglHeeil) Notte-
bohm, as the proxy of Mr. Federico Xottebohrn Weber.-There is a
stamp which reads :"Department for German Affairs(Departamento de
-4suntos Alemanes), hlinistry of the Treasury and Public Credit (hlinis-
terio de Hacienda y Crédito Ptiblico).-Harided over hy :int. Received
on the 6th. of September, 1950.-At :17.45 .egistered under Bo. 190.

Folio 20.-No. 00854.-Ministry O/ the Treasury ad Pziblic Credit
(Ministerd ieoHacictzda y CréditoYziblico): Guatemala, second of Sep- XSfiEXES TO REPLI. OF 1,IECHTEXSTEIS (SU.22) qs I

tember, one thousand nine hundred and fifty.-Srtbject: Karl Heinz
Xottebohm StoItz, as the legal representative of Mr. 1:ederico Nottebohm
Iveber, recluests that the documents listed below be registered in the
present expropriation file: (a) Certificate of the Ministry of External
Relations (Ministerio de Relaciones Exteriores) ; (b) Certificate of the
Yinistry of Esternal Relations (Ministerio de Relaciones Exteriores) ;
(c) First Affidavit of Registration No. 147 ; (d) Ueclarations of the
nature of testimony of Dr. Leopoldo Aschkel and Carlos W. Elmenhorst ;
(e) Certificate of the attestation of tlie public document number 54 in
wllich nppenrs the general powcr of attorney.-With the knowledgc of
' the l'ublic hlinistry (Rlinistcrio Publico), let the documents requestedbe
iegisterecl in the filand if it fiilfils the requirements of the law, let it
be hdd as evidence on behalf oi the presentor.-Articles 104 and 105
of Governmental Decree 1862.-(signatures) A. Yadilla 1.-F. BarillasC."
There is the stamp of the Department.-On the twenty-ninth of
September, one thousand nine hundred and fifty, it being 15.00 hoiirs,
1 notified the foregoing decision to the Procurator General of the Nation

(Procurador General de la Naciiin), by means of the document deliverecl
to Licencjate (licenciado) Carlos Gonzilez L.-Certificd by me. (sigiied)
-4. Mufiiz 17.-There is the stamp of the Notifying Officia1 (Oficial
Soti ficador).-On the second of Oc tober, one thousand riine hundred
and fiftyit being 09.05 hours, at No.31, Eighth Avenue South, Inotified
the foregoing decision to XIr,Karl Nottebohm, by meanç of the document
delivered to Mr. Guillermo Grotte.-Certified by me.-(çigned) A.
3lufiiz F.-There is the stamp of the Xotifying OfIïciaI (Oficial Notifi-
cador).-Skcet 11'021,-3Ir. Alinister of the Treasury and Public Credit
(Ministre de Hacienda y CrCdito l'ublico). Subject :'The espropriatiori
proceedings in respect of tlie estntes "Moraziri" and "Guatülbri",
belonging to Karl Heinz Nottel~ohni and Federico Nottebohm Weber.-
Karl Heinz Nottebohm, in his own name appears and states : that the
proceedings inentioned in the Iieading of this document now being sub-
mitted for trial, it is withiri his rights that it be ordered he recei1.e tlie
follo\ving :
(1)Certificatc oi the Civil Kegistry(Registre Civil) verifying my birth
which occurred in this city on the 13th. of July, 1910.

(2)Certificate of the Ztlinistryof Esternal Relations (Ministerio de
Relaciones Exteriores) in which nppear the governmental agreement of '
the z4tli. of November, 1939, by wliich I was recognised to have the
status of a Guatemalan by birtlt and the renouncement of the German
nationality which 1 possessed bÿ reason of the Montufar-Von 13ergen
treaty.
(3)Declarations communicated to the Public hlinistry (Miiiisterio
Publico) on the 17th of ilugust, 1945,by the witnesses Mr.Carlos Ibargüen
and hlr. Carlos Walter Elmenhorst, with respect to persona1 circum-
stances justifying rny exception from al1 expropriation proceedings.
(4)Autfienticated record of my registration as a soldicr in thMayoria
de Pluza of tliis administrative :irea (Departamento).
(5) Information with respect to rny conduct and crirninal record whicii
the directorate of the Judicial Police (Guardia Judicial) furnished to the
Public hlinistry (Ministerio Publico).
(6)Certificate issuedby the Ministry of External Relations (Ministerio
de Relaciones Esteriores) in which are copied letters signed by Blessrs.
Licenciate (Iicenciado) José Maria Reyna Andradc, Carlos Herrera AKSEXES TO REPLY OF LIECHT~SNS (K<E).N)
452
Dorion, Doctor José Luis Asencio, Koberto Fiscfier,Mario H. i\Tillense~i,
Arthur Neale ancl Daniel iV.Orbaugti, relating to my personal qualities.
(7) Certificates issued by the Central Bank of Guatemala, by the
Secretariat of Tiie Cliild's Home (Casa del h'irïo), by the Guaternalan
Red Cross, by the Socicty of Saint Vincent de Paul, in which appear
donations made to pliilanthropic institutions and Socicties.-The
documents and decisioris enumerated appear in the file formed by the
Public hlinistry (Ministerio PUblico) with respect to my csct.:ption from
the effects of the cmergency laws, which at the present tirne is to he
found in this lilinistry of the Treasury (Ministerio de Hacienda), and I
request that at my own espense it be decidcd that they be registered in
the present file relatingto the expropriation of the estates "31orazin"
and "Guatalbn", and that they be held to be evidence on my beha1f.-
Guatemala, 6th. of Septernber, 1950.-(signed) Karl Heinz Nottebolim.
-Departrnent for German Affairs (Departameiito de Asiintos Alemanes).
Ministry of the Treasury and Public Credit (hlinisterio de Hacienda y
Crédito YUblico). Delivered by : Int. Received on the : 6th. Sefiteniber,

ïgjû. At : 17.45. Registered Under No. : 160.-Skeet No. 22.-
No. oo8jj.-Mivislry of theTreaszrryand Public Credit (Mirristerio de
Hacienda y Crédito Ptiblico): Guatemala, twelfth of September, one
thousand nine hundred and fifty.-Subject : Karl Heii~z Nottebohm
requests that the followiiig documents be registered in the present expro-
priation file : (a) Certificate of the Civil Kegistry (Registro CiviI); (b)
Certificate of the Ministry of Esternal Relations (RlinistedeoKelaciories
Exteriores) ; (c) Declarations communicated to the Public Ministry
(Ministerio Publico) by Carlos Ibgrgüen and Carlos Walter Elmenhorst ;
(d) Record of registration as a soldier ; (e) Report of the Judicial Police
(Guardia Judicial) ; (f)Certificate of the 3linistrÿ of Esternal Relations
(Jlinisterio de Relaciones Exteriores) (g)Ccrtificates issued by the Bank
of Guatemala, Secretariat of The Child's Home (Casa del Niho), Guate-
malan Red Cross, Society ofSaint Viticcnt de Paul.-Inform the pcti-
tioner that the documents referred to in his communication dated the
6th. of the present month, have been added to filenumber 42, to be found
in tlie Tribunal established for the scttlement of claims against the
Government (Tribunal de 10 Contencioso hdministrativo).-Article 9T
of Govcrnmental Decrce 1862.-(signed) A. Padilla 1.-F. Barillas C.
-Deyartment for German Afiairs (Departamentode Asuntos Alemanes).
Ministry of the Treasury and Public Credit (hlinisterio dc Hacienda y
Crédito PUhlico).-On thc twenty-ninth of September, one thousand
nine hundred and fifty, it being I5.00 hours, 1 notified the foregoing
decision to the Procurntor of the Nation (Procurador de la Nacibn), by
means of the document delivered to Mr. Licenciate (licenciado) Carlos
Gonzalez L.-Certified by me.-(signed) A. Jlufiiz F.-There is the
stamp of the Notifying Officia1(Oficial Xotificador).-On the second of
Octobcr, one thousand nine hundred aiid fifty, at No31, Eighth Avenue
South, 1 notified the foregoing decision to Mr. Karl Wciriz Nottcbohtn,
by rneans of the dociimeiit defivered to nlr. GiiillerGrotte.-Certified
by me.-(signed) A. h'iufiiF.- Thcrc is the stamp of the Notifying
Official (Oficial Notificador.)

FoEio 23-No. o14xG.-A.-Guatemala, 4th. of Dccember, 1950.-
Messrs. Federico Nottebohm Weber and Karl Heinz Nottcbohrn S.-
8th. Avenue South No. 31.-City.-1 respectfully requcst yoii to corne ASSESI<S .l'O REPLY OF 1~II:CHTEBSTEIS (si)22)
4s3
to tliis office oii Friclny, the 8th. dof the present month, in order to
disciiss a matter conccrncd with decisioris Nos. S53 and 854, issued by
the Rlinistry of the Trcasury and Public Credit (Ministerio de Hacienda
y CréditoPublico), dated the 2nd. of September. The said decisions wcre

notified to*you on the 29th. of the same month, at No. 31, Eighth Avenue
South bq' the document delivered to Mr. Guillermo Grotto. 1 take this
opportiinity of signing myself yonr niost obedient servant. (signed)
Liceiicinte (Lic.) Migticl Antonio Alvarado.-Head of the Deyartment
(Jefe del Departamento).-Folio 23-A.-Guatemala, 5th. of April,1951.
,o462.-l>ea~ 5ir.s.-Fedcrico Nottebohm Weber aiid Karl Heinz
xottebohm S.-Ko. 31, Eighth Averiue South.-City.-1 request you
to be so good as to corne to this Departrnent oiFriday the sixth (6th.) of
the present month in order to discuss a matter related to decisions
SOS. 553 and 8j4, issuedby the Ministry of the Treasury and Public

Credit (hlinisterio de Hacienda y CréditoPiiblico), dated the2nd. of Sep-
tember, of last year. The said decisions were notified to yoii on th29th.
of the same month. at No. 31, Eighth Avenue South, by means of the
dociiment delivercd to &Ir.Guillermo Grotte.-I take the opportunity
of sig~iingrnyselfyour moçt obedicnt servant. (signed) Licenciate (Lic.)
Miguel Antonio Alvarado.-Head of the Department (Jefedel Departa-
rnento).-Folios 2s to 37.-00476. The under-signed Under Secretary
of the Ninistry of the 'l'rcasury andPublic Credit (Ministcrio de Hacienda
y, Crédito Piiblico), certifi:s That for the purpose he has Iiad before
linritlie document ~iresented bÿ Mr. Karl Heinz Nottebohm, as the legal
represcritative ofMr. Federico Nottebohnl Weber, which, together with
its riiling and notifications, reads literally :-Rfinister of thc Treasury
and Public Credit (hliiiistro de Hacienda y Crédito Piihlico).-Subject :
The expropriation procecdings in respect of the estates "Morazan" and
"Giiatal6n", beionging to Karl Heinz Kotteboh Stoltz and Federico
Xottebohm Weber.-1, Karl Heinz Nottebohm, whose general partic-
ulrirs are known, present myself in my capacity as gerieral yroxy of
my uncle Mr.Federico Nottebohm Weber, and refer tothe decision issucd
by this Miriistry undcr No.00671, datecl the 24th. of August of the pre-
serit year, adrnitting the petition of exceliandn ordering the subniitting
for trial of thecounter-claim which had been presented:-Evide~zce on
behalf of Fcderico Nottebohm Weber.-'l'herc cxists in this Ministry the
filerelating to the esproyriation of assets belonging to my mandator
initiated in the Public Ministv (Ministeno Piiblico) in the year 1945,
markcd with the So. 46, in which appear the foUowing decisions and
documents :
(1)CertiTicnte of the Miriistry of Exteriial lielations (Ministerio de
Kelaciones Esteriores) relnting to the registration of my mandator as a
resident foreigner, of German Xatioiiality, under entry No. 1968, folio
1968 of book 20, dated the 16th. of Ayril,1928,arid modifieclon the 7th.
of February, 1940, in the sense of acknowledging the nationality of the
persoii registered tobe that of the PrincipalityofLiechtenstein.

(2)Certificate of ttieMinistry of External Relations (Ministerio de
Relaciones Exteriores)containing copies of tlie letters relating to personal
details in respect of rny mandator, sigiicd by Nessrs. ticcnciate (licen-
ciado) José Maria Reyna Andrade, Carlos Herrera DoriSn, Roberto
Fischer, Doctor José Luis Asencio, Mario Willeiisen, Artliur Neale and
Daniel Orbaugh.
33 ASSESES TO REPLY OF I.IECHTESSTEIS (KU. 12)
44
(3) First affidavit of registration N147 in tlie Register of the Supreme
Court of Justice (Kegistro de la Cortc Suprema de Justicia), dated the
15th. ofJuly, 1946, relating to the iiationalityof my mandator as declared
by the Government of the Principality of Lieclitenstein.
(4)Declarations of the witnesses Doctor Leopoldo Aschkel and

>Ir.Carlos \II.Elmenhorst, referring to personal circumstanceç answering
for the conduct of my mandator.
(5).Certificate of the testimony of public document So. 54. authorised
in th~scity by the Sotal Federico Salazar Gatica on the 16th. of March,
1939 in which appears the general power of attorney which Mr. Federico
Xottebohm granted in favour of Karl Heinz Xottebohm.-As evidence
on my mandator's behalf, I request that certified copies of the documents
and decisions which 1 have specified and which are to be founcl as 1
have already statcd in the file known in tlic Miriistry by the No. 46, be
introduced at my cmi into the present expropriation file re1:~tingtothe
Estates "Giiatal6n" and "hforaz,în". Guatemala, 6th. of Septernber,
1950.-(signed) Karl Heinz Xottebohm as the proxy of Rlr. 17ederico
Nottebohm \jreber.-"Xo. 00Sj4.-!Mitiislry O/ the Tre~sriry trtsPzrblic
Credit (Miaiislerio de Haciendo y CrkriitoPzibEico): Guatemala, twelfth of
September, one thousand nine hundrecl and fifty.-Szrbject : Karl
Heinz Nottebohm Stollz as the legal represer2tafiueoj iifr. Federico Notle-
bohm Weber, requests thnt certifi~d copiesof the docztments eirztinerated
belowbe introdztcedinto the preselrt exfiropriatioia file :

(a) Certificatc of the hlinistry of Estcrnal Relations (XIinisterio de
Relaciones Exteriores) ;
(b) Certificate of the MIinistry of Esternal Relations (hIinistcrio de
Relaciones Esteriores) ;
(c) First affidaïit of the Kegistration No.147 ;
(di Declarations in the nature of testimoiry of Dr. Leopoldo Aschkel
and Carlos \V. Elmenhorst ;
(e)Certificate of the testimony of public document No. 54 in which
aypears the general power of at torney.-\Vith the knowledge of the
Public Ministry (Rlinisterio Publico), let the requested certified copies
of the documents be introduced into the file,and, if they fulfithe reqiiire-
ments of the law, let them be considercd as evidence on behalf of the
presenter. Articles 104 and 105 of C;overnmental Decree 1862.-(signed)
A. Padilla 1.-F. Barillas C."-Tliere is the çtamp of the Depart- +
ment for Gerrnan Affairs (Departarnento de Açuntos Alemanes) of the
Ministry of the Treasury and Public Credit (Ministerio de Hacienda
y Crédito Publico).-On the twenty-ilinth of Septernber, one thousand
nine hundred and fifty, it being Ij.00 hours, I notified the foregoing

resolution to the Procurator General of the Xation (Procurador General
de la Xaciiin). by means of the document handed over to Liccnciate
(licenciado) Carlos Gonzalez L.-Certified by me.-(çigned) A. AlufiizF.
-There is the starnp of the Notifying Officia1 (Oficial h:otificador).-
On the second of October, one thousand nine hundred and fifty, it
being 09.05 l~ours,at No. 31, Eighth Avenue South, 1 notificd the fore-
going decision to Blr.Karl Nottebohm by rneans of the document handed
over to Mr. Guillermo Grotto. Certified b me.-(signed) A. Muniz F.
There is the rtarnp of the Notifying 0kaI (Oficial Xatificador).-
Secretariat of External Relations (Secretaria de Relaciones Exteriores).-
Republic of Guatemala.-Book No. 0020, folio 1986.-Cerlificate ofregis-
Irrrtioit.-Deyartment of Guatemala.-Kegistration Dues.-Two Quetza- .ISXEXES TO REPLY OF LIECHTESSTEIY ($o. 22)
4S 5
les.-Entry No. 1968.-Todây Ilr. Eederico Xottebohm was registered,
-As a Germail citizen.-After proving his nationality with the justifica-
tory documents indicated below : Persorzaldescription :Xame ...Federico
Nottebohm .-Name of parents : Guillernio Xottebohm, Elisa Weber.-
Xationality of parents :German.-Place ofbirth of the registered person,
with name of country.Hamburg, Germany.-Place of residerice in Guate-

mala, The capital.-Xame ofwife.-1Vife's place ofbirth.-Xarneof children
under twenty-oneyears of age, ifborn in Guatemala.-Civil state. Bachelor.
Yrofession ortrade: businessman.-Age forty-six years.-Height : Imetre
Sq centimetres.-Complexion fair.-Eyes b1ue.-Hair fair.-Special
ilistinguishing marks none.-Documents proving nationality : Passport
of the Gernian legatioii in Guatemala. Sotes: the bearer proved that the
nationality of Liechtenstein was granted him with passport No. 702,
issued by the Governor of Vaduz, on the 20th. of October, 1939 Let it be
shown.-Guatemala, 16th. of Ayril, 1928.-(place and date of registra-
tion). Federico Xottebohm (signature of interested party).-lllegible
(signature of the Under Secretary for Esternal Relations (Subsrio. de
RR. EE.)). And in order to hand it over to the interested party in con-
formity with Decree 969, the present certificateisissued in Guatemala
on the 17th. of April, 1928.-lllegible. (Signature of the Rlinister of
External Relations (Ministro lde Relaciones Exteriores)).-In the margin
is the following : Articles of the Law of Alienship (ley de Extranjeria).
.Article39. The registration constitutes no more than a legal presurnption
that the foreigner possesses the nationality attributed to him in it, and
ndmits evidence to the contrary.-Article 40.-Evidence of the registra-
tion is given by a certified copy of it issued and signed by the Minister
of External Relations (Ninistro de Relaciones Exteriores), who alone

has power to do so.-Article 41.-Xo public authority or functionary is
permitted to recognise as possessing a definite foreign nationality any
person who does not present a certified copy of the registration.-
Article &.-The laws of Guatemala govern al1those who find themselves
in Guatemalan territory, aliowing of no distinction of nationa1ity.-The
Status and capncity of the persons and their family relationshipsare
regulated by the laws of the nation to which they be1ong.-There is a
yrotograph of Mr . Federico Bot tebohm, a finger-prin t (finger-printof
the thumb, right index finger or another finger in its stead). On the
reverse is the following : L.40. F.195. P. 15.-Civil Registry (Registre
Civil) : Guatemala, thirteenth of January, one thousand nine htindred
and thirty-six. The undersigned Certifies :that h3r.Federico Nottebohm,
of Gerrnan nationality, is registered in this office, under entry No. 15,
folio195 of Book 4of Resident Foreigners (Extranjeros domiciliados).-
Articles 329 and 331 of the C.C. (signed). Ramon Alvarez P.-There iç
a stamp.which reads literally :National Police (Policia Nacional) Control
Department (Depto. de Control). Secretariat of Esternal Relationç
(Secretaria de Xelaciones Exteriores) : Guatemala, seuenth of February,
one thousand nine hundred and forty .-lt is pointed out that : the
bearer has changed his nationality, having chosen that of Liechienstein,
according to tlie evidence of passport No. 702 issued to hirn by the
Governor of Vaduz, dated the 20th. of October, rg3g.-Arid this change

is made at the Petition of Mr. Federico Xottebohm.-(signcd) Illegible,

l The Spanish text here read~lliizislrxvhichis rneanirigle1shave translated
.\Iinislro. :lSSESES TO K1:l'I.S OF LIECIITESSTEIS (ICI22)
486
There is a starny which reads :-Secretariat of Esternal Kclations
(Secretaria de Relaciones Exteriores).-Repriblic of Guatenlnla. A.:\.
"The under-sig~ied Secretary of the Public Ministry (Ministerio Ptihlico)
certifies :-tliatfor the purpose fie has had bcfore him the document,
its ruling aiid papers 1r4tich read literally : Air. Procurator Gencral of
the Kation (Procurador General de la Xacion) : 1, Karl Heinz Kottcbohni
Stoltz, respcctfully present myself and refer to the file which 1 have in

progress in your Office (Despaclio), in order tliat the decisions issued
for ,the espropriation of assets Inay not be applicable to me, andIdeclare :
That it isin my interests th;it there be added to the file referred to the
accompanying certificates containing the declarations of Licenciate
(Lic.) José Maria Reyna Andrade, Es-Presidcnt of the Republic, which
declaration hc inade whilst holding the office of Vice-President of the
Council of State ; that of JIr. Carlos Herrera Dorion, which he made
whilst \Tice-Prcsident of the Sational Legislative Assembly and Second
Designate in the Office of thc Presidency of the Republic ; that of
Dr. José Luis Asencio, Head of the Guatcinalan Red Cross ; that of
&Ir. Kobcrto Fischer, which he made in his cayacity as SwissConsul in
Guatemala ;that of Mr. Mario H. [Villensen,an honourable Uutch subject ;
that of Air. Arthur Neale, Ex-Civil Attaché of the British Legation, and
that of Air. Daniel W. Orbaugh, Auditor and Accountant, of the United
States of Xorth Arneri~a.-i!~ill the Procurator (Procurador) please add
these ccrtificates to the file to which I refer and issue me separately
two certiiied copies of the documents which I present, iricliiding the
respective sworn translations, al1contained on effective slieets.-Guate-
inala, fiftecnth of July, 19qG.-Karl Heinz Xottebohin Sto1tz.-More-

over: 1 rectifry ny petition made in the 1st preceding paragraph, to
the effect that 1wish that certified copies of the accornpanying certificatcs
comyosed of eight sheets hüving been left in the file to which 1 refer,
the certificates be retiirned to me;-Dated ut supva.-Karl Heinz
Xottebohin Sto1tz.-Secretariat of the Public Ministry (Secretaria del
hlinisterio l'iiblico).-Guatemala, Central America. Received on the
15th. of July, 1946. At 16.45 hours from the ~>resenter.-5r7o.-Pz~blic
Mi~tistry(Ministerio Pliblico) : Guatemala, seventeentli of Jiily, one
thousand nine hundred and forty-six.- Let the accompanying documents
be held asevidence on behalf of the interested party. The documents
will be returned leaving certificd copies in the file, at his cost.-(siped)
Marcial Méndcz Montenegro.-(signed) E. Saavedra T."-There is the
stamp of the Public Ministry (hlinisterio Publico),-which reads :Public
hlinistry (hlinisterio PUblico) Kepublic of Guatemala.-lnserted:
Petition of Mrs. Barbara Nottebohm. Mr. Minister of State in the Office
of External Relations (Mitiistro de Estado en cl Despacho de Retaciories
Esteriorcs) :

1, Barbara NotteboIini, of age, married, a house-ide, born and
residing in this capital city, very attentively coine before yoii to present
to your Secretariat (Secretaria) tlie following documents :-relating to
the persons of my husband 3lr. Carlos Heinz Nottebohm Stoltz and my
uncle by marriage Mr. FederIco Nottebohm Weber, who are at preseiit
in concentration camps in the United States.-'These documents are
letters granted at my request by prominent persons of this city in wiiich
they declare their awareness of the good conduct of Messrs. Nottebohm ;
amorig these documents are the ietters of Licenciate (licenciado) 3Jr.
José Maria lieina Aiidrade, Ex-President of the Republic ancl st Ille :\SSESES TO REPLY OF I.IECHTESSTEIS (SC,.22) 487

present time Vice-President of the Coirncil of State ; tliat of $Ir. Carlos
Herrera Doriiin, the present Vice-President of the National Legislative
Assembly and Second Designate in the Officeof the Presidency of the
Kepublic ; that of Doctor 'JoséLuis -4senci0, Head of the Guatemaian
Red Cross, that of Mi.. Roberto Fischer, issueci by hirn in his capacity as
Swiss Consul in Guatemala ; that of Mr. hlario H. Willensen, a distin-
giiished Dutch subject ; that of Mr. Arthur Neale, Es-Civil Attaché of the
i3ritisli Legation, and tliat of Mr. Daniel \Y. Orbaugli, Accountant and
Xuditor, of Nort h-Arncrican 1iationality.-1 request t hat the accompa-
nying documents be foirned into a filein your Secretariat (Secretaria) for
future reference, and at the same time 1request that you be pleased to
order that a certified copy of this I'etition and of the accornpanying
documents be given to me by the Under Secretary's Office (Subsecre-

tarin).-Guatemala, 25th. of March, 1g44.-(signedj Barbara Notte-
bohm. Decision Nurnber 183 of the Secretariat of Exteriial Relations
(Secretaria de Relaciones Exteriores) : Secretariat of I<xternal Relations
(Secreta~ia de Kelaciones Exteriores) : Guatemala, twenty-fifth of March,
one thousand nine hundred and forty,four. Let thern be filed for future
reference, and, with the kiiowledge of the Public hfinistry (Miniçterio
Yiiblico), issue at the cost of the interested party the requested certified
copies (signed) Salazar.-C. Fernandez Cordova.-(stamp) Secretariat
of External Relations (Secretaria de Kelaciones Exteriores). Kepublic
of Guatemala.-Central America. 1certify :that the petition and decision
described above arc authentic and coriform tvith their origina1s.-
C. 1;ernAndez C6rdova.-îhcre is a starnp which reads : Secretariat of
Exteriial Relations (Secretaria de Relaciones Esteriores), Republic
of Guatemala, Central America.-Under Secretary for Esternal Rela-
tions (Subsecretario de Relaciones Esteriores), Guatemala, twenty-
niiith of hiarch,one tliousnnd nine Iiuridred and forty-four.--4pproved
(signature THegible).

LetterofLicenciste (liccxciitdo)JoséMllriuKeyna A~rd~ade E,s-President
of tllc Kepublic and :ktthe present tirne Vice-President of tliCouncil
of State.-To \vJiom jt may concern : f hereby declare : that 1 have
kiiown Messrs. Federico and Arturo Nottebohrn for many years, who
were engaged in agricultural work in ttiis country and later broadened
their activities, fouriding a barlking house which at the present
thne bears the trade-narne "Nottebohrn Brothers" : that, on the death
of &Ir. Arturo, his successors, amoagst them his son Mr. Carlos,
continiied the same business with Mr. Federico ; bot11 gentlemen
have merited the friendship of and have been accepted by the social,
commercial and banking worlds, without, to my knowlcdge, inixing in
political matters or those contrary to the democratic and Pan-American
doctrine, for 1am of tlie opinion that, possessing sucha large and respect-
able fortune, it would not have been good sense for thern to expose them-
selves to the risk of involving themselves in enterprises connected with
the Nazi-Eascist system.-Guatemala, 12th. of Narch, IW.-(signed)
F. J. M. Reina Andrade ....
1 certif: that the letter copied above is authentic and agrees with its
original.-C, Fernandez C6rdova.-There is a stamp whicli reads : Secre-
tariat of External Relations (Secretaria de Relaciones Exteriores) Under
Secretary for External Relations (Subsecretario de Relaciones Exteno-
res). Approved. (signatiire Illegible). Letterof MY. Carlos Herrera I)orid?t thepveserzt Iiice-President othe
LegislutiveAssembly alzd Secortd Designate in the Ofice of the Presidelzcjp

of the Repztb1ic.-To whom it may concern : I have kriown p~rsonall!~
through business connections Air. Federico Nottchohrn and Mr. Carlos
Nottebohrn. Both are members of the board of directors of Nottebohnl
Brothers and Company (la Sociedsd Bottebohm Nemarios) and 1
understand that their ideology is opyosed to that of the Kaziregime.
(signed). C. Herrera.-Guatemala, 7th. of March, 1944.-1 certijy :
that the foregoing letter is nutheritic and agrees with its original.-C.
Fernkndez Cordova.-There 'is a stamp which reads : Secretariat of
Exteriinl Ixelatians (Secretaria de Relaciones Exteriotes), Kepublic of
Guatemala, Central -4merica.-Under Secretary for External Relations
(Subsecretario de Relaciones Exteriores), Guatemala, twenty-ninth of
March, 1944.-Approved.-Salazar.

Letter O] Dotto~ José Lrtis Ascncio, Yresidcnt of the Guatemalan
Red Cross. Guatemala, ~2nd. of March,1g44.-To whomit Inayconcern :
for about thirtp years, 1 have kiiorvii Jlr. Frederich Bottebohm, who
has been in business in this country for many years. 1 have knon him
as an honest man, with a good social and business reputation and
keeping away from politics. In the aitual war situation, 1 know that he
has heen decidedly anti-Nazi. hlr. Car1Nottebohm 1 do not knout as well,
on accoiint of the difference iii agcs. But he, also, Ilas a good social
and business reputation and 1 understand that fie has been anti-Nazi.
(signed) J. 1,. Asencio-(stamp). Guatemalan Ked Cross.-Presidericy.

1 certify: that the preceding letter is authentic and conforms with
its original.G. FcrnAndez C6rdova.-There is the stamp of the Secreta-,
riat of ExternaI Relations (Secretaria de Reiacioiies Estcriorcs). Guate-
mala, twenty-ninth of JIarch, one thousand nine hiindred and fort--
four. Approved. Signature illegible.

Lefler of MY. Roberto Fischer, Swiss Consul in Gi~atemala: To whom
it may concern : 1 hcreby declare that 1 have lïnown Mr. Federico
Nottebohm, a member of the commercial house of Nottehohm Brothers
in Guatemala, for more than thirty years.-1 have abays considered
hirnan upright and honoiirable man, in private as well as in commercial
lifeand 1 have ne\-er seeri hirn irivolre himself in political 1natters.-
hfr. Fedcrlco Bottebohm bclongs to one of the most important com-
mercial families of Hamburg, the members of rvhich are al1 welI knotvn
as upholders of the old tradition of commercial probity. 1 have never
observed iii him Nazi tendencies nor do I helieve it possible that,
possessing so great a capital forrned over generations by tiie Nottebohm
farnily, tliis private commercial iitidcrtaking could expose ilself to the
risk which the Xazi system undoubtedly presents. Carlos Nottebohm
I know less wcll, but 1 know that he has received the same traditional
upbringilig as the other members of the fairiily. (sigiied) Koberto
Fischer.-Guatemala, 7th. of March, I~M.
I certify: that the foregoing letter is authentic and conforms witli its
original.-Ç. Fernandez Cordova.-Utider Secretary for Esternal Keia-
tions (Subsecretario de Relaciones Esteriores).-Guatemala, twenty-
ninth of Afarch, one thousand nine hundred alid forty-four.-Approved.
-Signature illegib1e.-(There is the stamp of the Secretariat of Esterilal
Relations) (Secretaria de KclncioriesExteriores).) ASXESES TO REPLY OF LIECHT1:SSTEIN (NU.22) 489
LelterO/ MY. Maria N. 1YilEensen ,tzbusines insGuntema1a.-'l'o wliotn
it rnay concern :I declare that 1have knowri Messrs. Federico and Carlos
Nottebohnl for many years, both personally and for business reaçons,-
and I know that they are promotors ofthe firm Nottebohm Brothers.
ln my opinion, they have no sympathy with Mazi ideas ;theyare persans'
who have Iived in Guatemala for many years and have known how to

\vin the friendshipand confidence of difierent sectionofour cornmunit y.
-(signed) Mario H, Wj1lensen.-Guatemala, 7th. of March, 1344.-
1 certify: tliat the preceding letter is authentic and agrecs witli its
original.-C. Fernandez Cordova.-Undcr Secretary for Esternal
Relations (Subsecretario de Relaciones Esteriores). Guatemala, ttventy-
niiitli of March, one thousand nine hundred and forty-four.-Approved.
-Signature illegib1e.-(thereis the stamp of tlie Secretariaof Esternal
Relations (Secretaria de Relaciones Esteriores))
Letterof Mr. Arthttr Neale, Ex-Civil ~itnchkof the British Legatioo.-
March 7th ~g&.-Guatemala City.To whom it mayconcern : 1con(tucted
3 thorough iiivestigation into the firm of Nottebohm Hermanos and its

directors. The business trans;ictions of the firm since August, 1939, up
to September, 1943, were scrutinised by rnyself and a chartered account-
ant, and we were unable to find any instance of the firm having aided
tfie enemy. As the result of the investigation, I \vas satisfied thnt the
charges made against Nottebohm Hermanos, which resulted in its
being placed on the Statutory list in1939, were based on erroneovs
evidence or on confused statements given in good faith.-At the same
tirne Icondiicted an inveçtig;~tion into ttie Iife of the partners, 17ederico
Nottebohm and Rarl Heinz Nottebohm, and came to the coriclusion
that neither had aidcd the Nazis in a business or private capacity.
From tlie investigations antl from personal knowledge of the partriers
1 am of the opinion that tliey should not be considered Kazi syin~-ratliiscrs.
(signed) Arthur Xeale.
I cerfil.: that ttze preceding Ietter is autlientic and agrees with
jts original.-C. Fernindez C6rdova.-Urider Secretary for Estcrnal
Relations {Subsecretario de Relaciones Esteriores).-Guatemala, twenty-
ninth of March, one thousnnd nine hundred :~iidforty-four.-Approved.
-Signature illegiblc. Tlicrc is the starnp of the Secretariat of Esternal
Relritions (Secretaria de lZelnciones Estcriorcs).

Letlerof :MY. Daniel W. Orbaztgh,Accazintant and Azldifor, of orth th
ilrnericarzA'ntio~rnlity: tm/rom it rnaycoitcer?: During the year 1941,
as an authorised accountnnt, 1 was engagecl by Xottebohm Hnos., of
Guatemala, to make an esamination of tiieir accountç and records
for the purpose of making a report, to be siibmitted to the Anierican
Legatinri, covering any transactions wtiicli inight be judged as uri-
friendly toward the Unitecl States, or that were to the benefit of the
German Government. After three manths of detailed investigation
1 niadc an extensive report on their busitiess activities which included
everything I found tliat waç related to the subject matter; 1 fotirid
no evidetice on their part of financial aid, or of syrnpathy toward the
present Kazi regime. Al1 transactions were made on a strictly banking
or commercial basis for the purpose of profit. During normal times
approsiinately two thirds of their enormous iiriport-export business
was tcaiisncted \vit11 firtns in the United States. Mr. lïederico
Nottebohm is senior pnrtiier of their firm. Karl Nottebolirn is nlso490 ASSEXES TO IIEP1,Y OF 1,IECHTENSTELS (sri.22)
an active partner, and there are two womeii (both natural horn Guate-
malans) who have an inactive partnership interest.-1 have known
Mr. Federico Nottebohm by sight since man- years, but I first came into

direct contact with him and his nephew Karl Heinz while engaged in
preparing the above-mentioned report.-As a reçult of inquiries made
of sources outçide their business 1 learnetl that hlr. Federico Nottebohm
a number of years ago became a naturalised Swiss citizen, andthat Karl
Heinz is a natural born Guatemalan citizen, and that he officiaiiy repu-
diated the clairn any other nation might make on his citizenship.-
Throughout my investigation 1 found notliing to indicnte tliat eitlier
of the persons had cammitted acts or hold views unfriendly toward the
United States ; the foregoing applies to the firm as aeasto the perçons.
-111 conclusion, Istate that as an 'American citizen, my esteem of the
above-mentioned persons.was enhanced by wfiat 1 learned about them
during my investigation. (signed) D:iiiiel LV. Orbaug11.-Guatemala,
Central Arnerica. Rlarcli 22, 1944.-Copy to Americün Embassy in

Guatemala.
1 certily : that the foregoing letter is aiithentiand agrees with its
original.C. Fernkndez Cbrdova. Under Secretary for Esternal Relations
(Subsecretario de Relaciones Exteriores). Guatemala, twenty-ninth of
March, one thousand nine hundred and forty-four. 'There is a stamp
whicli reads :Secretariat of lielations {Secretaria de Relacionesj. ReyubIic
of Guatemala. Central A~nerica. Approved. F. Salazar. In three sheets
and on five pages.-N\ly No.-3,847.-I. AlfredoA. Godoy,Stvorn Tram-
lador of the English and Spanish languages in and for tlie Kepublic
of Guatemala, Central .4merica, autliorised to fulfill this fiinction by
virtue of the Government Agreement of the seventh of May, 1914, resid-
ing at No. 24, East Tenth Street, of this city, onmy oath, hereby certify
that : today, Saturdny, the thirteenth (13th.) of July, one thousand
nine hundrcd and fortv-six (1g46 )had before me a certilied document
of the Ministry of 12iternal Relations (Ministerio de Relaciones Exte-
riores), of this Repiiblic, dated the twcnty-ninth (29th.) of llarch, one

thousancl nine hundred and forty-four and written on n sheet of paper
stamped tothe value of ten centavosdequetzal,and nümbered A-2089863,
continued overleaf on rinother sheet nuinbered A-zo8gSG4 ofthe present
quinquennium, That: the çaid Ministry (Ministerio) Certifies a letter
writteri in the Englislt lariguage, wliicli, according to niy Iog~ilunder-
standiiig and knowledge, reads in tninslittiori :

1-efterof Doclor JoséLziis Asencio, President oj the Gi~~ternalu,Red
Cross.-Guatemala, zznd. of hlarch, 1g44.-To whom it may concern : for
about thirty (30) pars, I have known air. Frederick Xottehohm, \\-ho
has been in business iiithis country for mxny years. I have ltnown him
as a honest man, with a good sociaI and business reputation and keeping
away from politics. Inttie :tctiial war situation, 1linow tliat I.ielias been
decidedly anti-Nazi. Mr. Carlos Nottebohm i do not know as weU, on
account of the difference in ages, but he also has a good social and
business reputation and I understand that he has beeit anti-Nazi.-
(signed) J. L. ilsencio, Yresident.-(stamy) "Guatemalan Red Cross.-
Presidency." Certified by : C. Fernaridez Cordova. Under Secretary
for External Relations (Subsecretario de Kelaciones Esteriores).-
(Stamy of the Ministry).-In the same file, on sheet No. A-zo8g86jand its reverse sidc is to be foiiiid tlie followiiig, tlie tcst being in Englisli
and reading in translations :

"Letter oj Mr. Arthur Nealc, Ex-Cioil Altachéof theBritish Legation".
City of Guatemala, 7th. of Marcli, 1g44.-To whom it may concern :
that, as Civil Attaché of His I3ritnnnic Majesty in Central America, 1
conducted a thorough investigation into the firm of Nottebohm Brothers
and its directors. The business transactions of the finn since August,
1939,up to Septenlber, 1943,were scrutinised by rnyself and a chartered

accountant, and we were unrible to find any instancc of the firm having
aided the enciny. As the rcsult of the investigation 1was satisfiecl that
the charges made against Nottebohm Brothers, which resulted in its
being placcd on the Statutory Iist of 1939, were based on erroneoiis
evidence or on confused staternents given in gootl faith.-.At the samc
time 1conducted an investigation into the life of tlie partners, 17edericcs
Sottebohin and Karl Heinz Nottcbohm, and cnrnc to the conclusion
that neither had aided the Nazis in a business or private capacity.
From the investigations and from personal knowladge of the yartners 1
am of the opinion that they sIioul~1not be considercd :tsNazi syrnpatliis-
ers.-(signeci) Arthur Neaie.
"Certified by: C. ITernandez C6rclova.-Under Secrctary for Exteriial
Relations (Subsecrctario de Kelaciones Exteriores) (St;iiny of the 3Iinis-
try).-In tlie same file, on sheet Bo. A-zoSgSGj, continuing on sheet
Xo. -4-2089856, is the foLioiiringletter wliich 1 translate as follows :
Letter O/ hlr. Ilaltiel IV. Orbaugh, Accounl~tntand Arrditor, of North-
Rmerica~r~!~utiorzalit:y-To whoni it may concern :ciuring the year ~941,
as an authorised accountant, 1 was engaged by Nottebohm Brothers,
of Guateniala, tu make an cxarnirintion of their accourits and records
for the purpose of nak kinga report, to be subrnittetl to the Americati
Legation, cavering any trrtnsrictions which might be judged as unfriendly
toward the United States, or tliat were to the benefit of the Gernlan
Goverriment. After three months of detailed in\~eçtigation 1 made ail
extensive report on their biisiness activities whicli iiicliidcd everything

1 found that wvasrelated to thesubjcct matter :
1 founrl no eviclence on their part of financial nid, or of sympatliÿ
toward the present Nazi regimc. tZIltransactions werr rr-irideon a strictly
banking or commercial basis for tfie purpose of profit. During norm:il
times approsirnately two tliirds of tfieir enormous import-export business
was transacted mith firms in tlie United States. hlr. Federico Nottebohrri
j, senior partner of their firm. Karl Heinz Nottebohiii is also an active
partner, and tliere are two women (both natural born Guatemalans)
mho have an inactive partnership interest.-1 bave knomn Jlr. Federico
Sottebolim by sight since many years but 1 first ciilne into direct con-
tact with hiiii and his nepliew Karl i-ieinz, while engaged in yreparing
the above-mentioned report.- As a resuIt of inquiries made of sources
outside tlieir busiiiesç, 1 learned thnt Mr. Fedcrico Kottebollm a nun-iber
of years go becaine a n&turülised Swiss citizen, ancl ttiat Kürl Heinz is
a natiiral born Guatemalan citizen, and that hc officially repudiated
the clairn aiiy otfier nation might make on his citizenship.-Throughout
my investigation 1 found nothing to indicate that either of the personç
had comniittcd acts or held views unfrieridly toward the United States ;
the foregoing applies to the firn~as well as to thepersans.-In conclusion,
1 state that :isricitizen, my esteem of the above-mcntioned persoiis ~szis .iSSESES TO REPLY OF 1.IECHTESSTEIS (SO. 12)
4g2
enhanced by what 1 learned about tliem duririg my investir t' n ion.
(signed) Daniel \Y. Orbaugh.
Certifiecl byC. FernAndez Cordova.-Undcr Secretary for Extcrnal
Relations (Subsecretario de Relaciones Esteriores).--(Stamli of the
Ministry).-And 1, the Translator,in order to deliver this sworn transla-
tion to the interested party, sign iton tliree effective sheets of stamped

paper, numbered as has been stated, and 1 stamp it ~4th my seal, a
copy of which has been duly deposited in the Registry of the Ministry
of Public Education (Registro del Ministerio de Educacion Publics), in
the city of Guatemala on the 13th. day of July, rg45.-All of whicli 1
certify, as stated above. Alfredo Godoy.-There is a stamp which reads
Alfredo A. Godoy. Public Auditor Sworn'l'ranslator. Guatemala, Central
America."-And for evidence to be lcft in the records, thc present
document is issued in seven effective sheets of paper each stamped to
the value of tencentavosdequetzal, iiumbers :-A-q171725 ;A-4171726 ;
A-4166842 ; -4-3547635 ; A-3947636 ; -4-3947603 ; A-394760j-
respectively, npliich, having checked them with their originnls, 1 seal
and sign on the nineteenth day of the rnonth of July, one thousand
nine hundred and forty-sis.-The last sheet ofthis certified copy bears

the officia1niimbers : A-3947608 and registered number 3948401.-Let
itbe recorded.-(signed) F.Saavedra F.-Aliproved. (signed}Illegible.
There are stamps reading : "Secretariat of the Public Ministry (Secre-
taria del ilfinisterio Piiblico).-Repiiblic of Guatemala.-Aiid Public
Ministry (Ministerio Piib1icoj.-RepubIic of Guatemala.-The under-
signed Lüwyer and Xotary, and the present Secretary of tlie Supreme
Court of Justice (Secretario de la Corte Siiprema de Justicia), certifie:
that, for the purpose, he has had before hirn the document, its provision
and embodiment in protocol which literally read :-"&Ir. Prcsident of
the Judicial Yower (Presidente del Poder Judicial) : 1, Iiarl Heinz
NotlebohmStollz, 36 years of age, niarried, anbusiiiessman, a Cuatemalan
and resident inthis district, giving amy address for the receipt of com-
munications the office of rnyChief Lawyer (Abogado Director), Liccn-
ciate (Lic.) Carlos Rafael Lbpez Estrada, situated ai number zo, Fourth

Avenue Soiith, of this city, respectfully present myself to rcqiiest:l'tiat
according to the formalities ofthe law, thcrc be issued tome four:ittested
copies of the instrument ~vhichwas embodied in protocol in the Register
(Registro) belonging to the Judicial Body (Organismo Judicial), and
which bears the So. 147, and which refers tothe citizenship appertaining
to &Ir. Federico Xottebohm. ]Yi1& 1Ir. President please determine in
conformity with this request. Article 279 of Decree 2009 and 104 of
Decree 18Gz.-Guatemala, 16th. of July, 1946.-(signed) Karl Neinz
Nottebohm S.-Assisting hirn : (signatureC.R. L6pez E.-Stamp of the
Law7yer."-"Presidency of the Judicial Body (Presldencia del Orgaiiisnio
Judicial) : Guatemala, sixteenth of July, one thousand nine hundred and
forty-six.
At the cost of the iriterested party, ttic Secrc'tary of thBody (Orga-
nismo) may issue the four attested copies requested.-Articles 13 Govern-
mental Decree number 2374 and 3 of Legislative Decree number zj56.
(Signatures) Prado.-Juan Fernandez C."-" Number one hundred and
forty-seven :in the city of Guatemala, on the fifteenth day of the month
of July, one thousand nine hundred and forty-six, the Undersigned
Secretary of tlic Supreme Court of Justice (Secretario de la CorteSiiprema ASSESES TO REPLI' OF L1I:CHTESSTElS (SU. 22) 493

de Justicia), proceeds to copy the following docunients in virtue of what
was ordered in the provision of the date above indicated."
The undersigticd Sworn Translator of German-Spanish certifies :
that he has Iiad before him a document drawn up in that Iang~iage,
whicli, translated iiito Spaiiish, readç":Certificate.-Hr. Federico Nottc-
bohm, in business iri Guatemala, born o~i the 16th. of September, one
thousand eight hundred and eighty-one (~SSI), possesses, since the
13.10.1939 the citizenship of Liechtenstein and is a resident of the
Liechtenstein commiinity, Maurerz.-Vaduz, 6th. of 3fay, 1946.-
Govemment of the Principality (Gobierno Princi1)eçco): (signcd) Frick.
-(stamys)-Governmcnt of the Principality of Liechtenstein (Gol)icrrio
del Principado de Liechtenstein).-And, risan affidavit: of the trutli
of this, Iissue, sign and stnm1-ithe present document in Gitatern:~l:i oii
the 12th. of.July, 1946. (signed) Carlos Diibois.-'îhere is a stamp.-
No. 218.-Fees $3.-The undersigned Giiatemalan Consul certifies :
the authenticity of the preceding signature which reads :-Frick-hy
the authority Regierung d. Fiirstenttims Liechtenstein.-Zurich,
~Sth. of May, 1946.-The Consul (signed) H. Bracher.
There is a stamp.-The Under Secretary for Esternal Helatio~is
(Suhsecretario de Relaciones Exteriores), certifies : thattlie signature
of blr.Licenciate (licenciado) René Rracher, who on the date of signiiig
held the post of Guatemala11Consul in Zürich, Switzerland, içauthentic.
-Guatemala, 11th. of July, 1946.-(Signed) Art. Herbruger A.
Xotc : The Ministry of External Relations (Ministerio de KcIaciorles
Exteriores) does not assume any responsibility whatsoever for the
contents of tfiis document. There are the appropriate seal and stamps."
.. ..">Ir. Yresident of the Judicial Power (Presideiitedel PoderJudicial) :
1, Kari Hei?lz Nolfebohm, 36 years of age, niarried, a business miin,
a Guatemalan and resident in this district, giving as my address for the

receipt of communications the Office of my Chief Lawyer (Abogado
Director) Licenciatc (licenciado) Carlos Kafael L6yez Estrnda, sitiiatcd
at niimber zo, Fourth Avenue South, of this city, respectfully prcçciit
niyself and declare : that in conformity with clause (g) of Article 4 of
Decree 1S62, 1 have corne attentively to request that you be pleascd to
give legal sanction to the document which 1 take the liberty of enclosir~g
and uphich iç duly authenticatcd by the Secretariat of Esternal Relations
(Secretaria de Rdacioiies Exteriores), and translated from Gerrnaii
into the officia1 language of the Republic. Guatemala, 13th. of July,
1946. (signed) Iiarl Heinz Kottebohin.
Assisting him : (signed) C. K. Lopez E.-There is a Lawyer and
Notary's Stamp." . . . "Presidency of the Judicial Body (Prcsidencia
del Organisme Judicial) : Guatemala, fiftecntti of Jitly, one thousand
nine hundred aiid forty-six.-Give the legnl sanction requested to the
enclosed certificatc referringtothe citizenstiipofMr. Federico R'ottcbohm,
issued in Vaduz by the representative of the Government of the Prin-
cipality of Liechtenstein (Gobierno del Principado de Lieclitcnstein)
who signs himself Frick, and dated the sisth of hlay of the prcsent ye.w.
-Issue the corresponding Notarial certificate.-Article 4 of the Govern-
mental Decree nurnbcr 1862.-(signatures) Prado. .... Juan FcrnAndez
C,-In my presence : juan Fernandcz C.-"
This is the FirstAfidczvitwhich has been duly collated with its original,
and in order to haiid it over to Mc. Karl Heinz Nottebohm Stoltz,
1 issue it in two effective sheets, in the city of Guatemala, on the seLrcri-teenth day of the inonth of July, one thoiisai~d ninc hiindred and forty-

sis. The first sheet is to the value of one qztetzal and hears the number
A-032048 Registered 032170 and the present shect to the value of
five centavos, hearing the number A-2586640 Registered k587165,
botli of the present cliiinquennium. (signed) Juan Fernandez C.-
Thcre is a stamy which reads ; Judicial Body Secretariat of the Supreme
Court ofJustice (Organismo Judicial Secretariade la Corte Suprema de
justicia) Guatemala, Central Amenca. Ili the city of Guatemala on the
eighteenth day of the month of Jüly there ap~icared iii the Office of the
Public Ministry (Despacho dei Ministerio Publico) Mr. Leopoldo Aschket,

\vlio, legally placed on cath for this purpose, declnred that he woulri
tell the truth, and stated that he was sixty-two ycars of age, married,
a Doctor and Surgeon, of Guaternalan nationality and Kussian by birth,
resident in this city and living at Xumber 3, Callejdn de LurzalNurnber *
eleven, calleponiente, aiid, i~irinswer to ttie clucstionnaire proyosed by
Feclerico Bottehohm otl the fifteeiith of July of thc preserit year, hc
stated :
(1) State whether you have known Mr. Federico Nottehohm for
sex,eral years, having rnaintained social and business relations with iiim.

(2) He answers that he has known him since one thousand nine
hiindred and twenty-four and that he kas maintained social relations
with hirn.-2-State whether, from your personal knowledge of the
Jlr. Nottehohm rcfcrred to, and frorn your dcaliiigs with him, -ou know
and are anpare that tienever bclonged to the German National Socinlist
Tjarty, nor to any groiiliof a political i~ature bclongirig to the coiintries
;kt war with Guatetnal;~ ? He answers, that it is certain that he never
bclonged to any groiip of n political riatiire heloiiging ta the countries
nt war with Gu;itemnl;i. 3-State whether it is certain and you arc aware
thatblr. Federico Xottebohm was not present at the ballots which were
held on the steam-ship Cordillera and that iic did iiot go to vote for
any yurpose on any other ship ? He replies, tliat he is aware and certain
that he did not go to vote on any ship because lie did not belong to
the Xational Socialist Party. 4.-State whether it is certain and you
are aware that Air. Federico Xottebohm was never presciit at meetings
of the German Kational Socialist Party and thnt hc never cooperated
directly or indirectly with the ainis of that politicnt partHe nnswers :
He is absolutelÿ certain.-5.-State whether you know and are aware
tlirough the relations yoii have always maint~iincd with &Ir. Federico
Nottebohm ttiat the said gcntlernan lias rievcr undcrtaken trading

nctivities of rmy kind or nature witli any privatc pcrsons or corporations
included in the promulgated lijts (listas proclamadas) ? He replies that
he is aware that he has not undertaken thern iricither case.-6.-State
whether it is certain and you are aware that 3Ir. Xottebohm ha not
cooperated in any way with the enemies of Guatemala ? He replies
that it isal)solutely certain.-7.State whether, on account of the close
tics-ou have cultivated with Alr. Federico Nottebohm, you are aware
that he has always shown and feIt affection and friendshiy towards
Guatemala ? He replies, that Mr. Nottebohm has never shown feelings
other than those mentioned for his affection aiid frieiidship townrds
Guatemala rire apliarcnt to the witness, who has never had close ties
with Mr. Nottebotirii, although they arc friends. That he is aware of
al1 the foregoing diie to !lis knowing Mr. Sottehohm for more thari AXSEXISS TO REPLY OF LIILCHTEXSTEIS (Si. 22) 495
twenty years, that lic lias no persona1 iiitcrest in making the declaratioii
and that nioreover he is not a relatioii nor an intimate friend of the
person referred to.-Wheri that which had been ïvritten was read to
him, he ~atified it,and signe&- Certified by me.-(çigned) &Tanilel
MéndezMontenegro.-(signed) 1llegible.- (In my presence.-F. Saave-
dra T. There is a stnmp which rends : "l'ublic lilinistry (Ministerio
Publico), Republic of Guatemala.-" In tiie cityof Giiaternala, <inthe

eiglitceiith daj~of the month of Juiic, one thousand ni~ichundred and
forty-sis, >Ir. Carlos W. l<I~nenhorst bcirig present in theOffice of the
Piihlic Mitiistry (Despacho del Ministerio Publico), he, legally warned
that he was on oath for the purpose, said that he would tellthe truth
arid stated : that he w,as 36 years of agc, a business rnnn, a bachelor,
a Rritisli subject and a resident in this capital citywitlihis dwelling iti
the villa Guadalupe Chalet, which has no nuniber. 111respect of thc
questionnaire proposcd by Mr. Federico Nottebohm on the fifteenth
of july, one thousaiid nine hundred and forty-six, he replicd as follows :
(T)Stilte ivhetheryou have known Mr. Federico Nottebohm for several
ycars, having maiiitained social aiid biisincss relations with him. He
replres that he haç known Pllr. Federico Nottebohm for more than ten
years and has mnintained social and biisiness relatioiis with him.
(Secondly) State whether, from yoiir personal knowledge of the Xr.
.lottebolirn referrcd to and from your dcalings with him, yoitknow and
are aware that he riever belonged to tiie Cietman National Sociatist Party,
nor to any other groiip of a political 1i;iture belonging to the countries
at wnr ïvith Giiaternala ? He answers that he is aware tliat Mr. Notte-
holim never belongcd to the Germai1 Xational Socialist Pa~ty nor to any
0th group of a political nature beloiiging to thc countrics at war with
Guatemala.

(3) State wliether it is certain and yo~i are aware that &Ir. Federico
Nottebohm kvas never present at meetings of the Gennan National
Socialist Party and thnt he never cooperated directly or indirectly with
the aims of that political party ?He ünswcrs tliat he is nwnre and certain
that Mr. Federico Nottebohm was never present at tlie meetings of the
German National Socialist Party and thnt he never cooperated directl!,
or indirectly with the aims of that'political party.
(4)State whether it is certain and you are aware that &Ir. Federico
Nottebohm \vas not present at the ballots which were held on the steam-
ship Cordillera and that he did not go to vote for any purpose on any
other ship ? He answers that he is awarc tliat Mr. Federico Nottebohrn
did not take part in the ballots which were held on thc stearn-ship
Cordillera, neithcr dicl lie go to vote for:iny purpose to any other ship.

(5)Stnte whether you know and :ireaware througli the relations
you 1iai:ealways mai~itairied ivith >Ir. ITederico Nottebohm that thc
said gentleman has never undertaken trading activities of nny kind or
riature.with anp private perçons or corporations included iithe promul-
gated lists (listas proclainadas) ? He answers that Iie isaware and
certain, especially on account of his knowledge of the business actiïitics
of Mr. Federico Nottebohni, that the sait1genticman at no time ancfin no
case Iias liad business relations of aiiy Iiitid or nature with private persoris
or corporations included in the promulgated listç (listas proclrimadas).
(6) State wvhetherit is certain and you are aware that Xlr. Nottebohm
Iins riot cooperated in any way riith tlie enernies of Guatemala ? Heaiiswers that he is aware and certain that Mr. Xottebohm has iievci-
cooperated in any may with the enemies of Guatemala.
(7)State whether, on account of the close ties yoii have had with
1Ir. 1:ederico Nottebolim you are aware that he has always shown and felt
affection and friendship towards Guatemala ? He answerç that he has
not ciiltivated ties wkich couId be called close svith Mr. Nottebohrn, and
tliat the relatioiis lie has had were principally of a business nature, b1t
wish to point out that he has never sliown any feelings towards Guatemala
but those of affection and friendship-By virtue of questions piit to
him, he declared that he is not related to 3fr. Nottebohtn nor is he his
intimate friend, and that he is not inotivated by any iiiterest in making
this declaration. When what fiad been written was read to hini he

rntified it and signed, together with the Prociirator General of the
Sation (Procurador. General de la Nacion), and the authorising Secre-
tary. Certified by me.-(signatures) Marcial Méndez Montenegro.
C:irlcis\V. Elmenhorst.-In rny preserice :F. Saavedra T. -There is a
statnp which reads : Public Ministry (hfinisterie Publico).
Kepitblic of Guatemala.-"The under-signed Secretary of the Public
lliniçtry (nlinisterio Publico)certifie: that he has had before liim the
document which, literally copied, reads : "Alr. Procurator General of
the Nation (Procurador General de la Nacion) : Subject : Federico
Nottebohm Weber.-1, Karl Ileinz Kottebohm, a Guntemalan by birth,
whose particulars are known in tlie Public hlinistry (Miriisterio Piiblico)
under your esteemed direction, and whose office address for the receipt
of communications isNo. 31, Eighth Avenue South, attentively preseiit
myself to request that you be pleased to recognise my power of attorney
as tlie General proxy of mÿ uncle Federico Xottebohm \ireber, according
to the generaI power of attorney enclosed, consisting of document No. 54
of tlie seventeentli of March, one thousand nine huiidred and thirty-nine,
issued by the Lawyer Mr. Federico Salazar Gatica.-1 request you be
pleased to order this document to be returned to me leaving n certified
copy of it at rny espense in the file my uncle Alr,1:ederico Xottebohm
\Veber. Thanking you in anticipation for this favour, 1 sign myself
your attentive servant. .Article 108, Decree 1862.-(signed) Karl Heinz

Xottebohm.-" I .-Secretariat of the Public Ministry (Secretaria. del
kliniçterio Publico) : Guatemala, Central Anierica.-Rcceived July 11th.
1g46.-At II hours 55 minutes.-By Licenciate (1icenciado)'R. L6pez.-
5027.-"Public Ministry (Ministerio Piiblico) : Guatemala, thirteenth
of July, one thousand nine hundred and forty-sis.-let the petitioner,be
held as the prosy of Mr. Federico Xottebohm \\leber by reason of the
enclosed power of attorney which will be returned leaving a certified
COP~ il1 the records at his expense. (signature) Marcial Méndei: M.-
1:. Saavedra Ta"-There is a stnmp which reads: "Public Ministry
(hliiiisterio Publico), Kepublic of Guaternala."
. Insertion: Federico Salazar, Carlos Salazar junior, lawyer and riotary,
public deed of general power of attorney grantecl by Mr. Federico 9otte-
bohm \Veber in favour of Karl Heinz Xottebohm Sto1tz.-Guatemala,
17th.of Narclt, 1939.-insfrtritse~tl numbe~j4.-Authorised by 17cderico
Salazar, 1Votary.-Nzrrnber fifiy-foi: In the City of Guatemala, on the
seventeenth of March, one thoiisand nine hundred and thirty-nine,
hefore me, the Notary, and the witnesses, compctcnt according to the
lnw, known to me and residents of this city, which I certify, Mrs. Elisa
Borges de Alvarez and Mr. Rarnbn Alvarez,, appeared 3lr. FedericoNottebohm Weber, fifty-eight years of age, a bachclor, a business miin,
German, who speaks nrid writes Spanish, wlio is a resident of tliis city
and isregistered iithe Civil Register (Itegistro Civil) of this capit;tl city
as a resident foreigner, according to a certificate of the said office which
1 certify to have hacl before me. 1 certify that I knoiv him, that 1:have
had before me his trai-el permit (bolet0 de vialidad) corresponding to

tlic present half-year, that he states that he is in enjoyment of his civil
rights, and that, proceeding on his own belialf,he stated :that he kereby
confers his general, full, cornplete and sufficient power of attorney upon
Xr. Karl Heinz Kottebohm Stoltz, a resiclent of this citp, so tliat he
may represent Iiim iri niiy rnatter in which the mandator might have
iriterest, whether judicinl, extra-judicial, cominercial, administr t' i1.cor
of \loluntary jurisdiction. \Vfierefore, the prosy will Iiave al1the gencral
po\ï7ersof the inandatc for judicial powers of attorneyand for tlie follow-
ing special powers of iittorney: to biiy, sell, mortgage, cornpound, lease
and dispose in any way of the propertp of the mandator : to ratify al1
kinds of contracts, to renew them, to draw iip, endorse, accept and
protest bills of eschange, cheques, I.O.lJ.s,drnfts, or any other crcdit
document : to grant any kind of deed whatsoever ; to be present at
meetings of creditors (jiii~tas de acreedores y de concursos), aiid any
other kind of meeting, botli with authority to speak and witli a vote ;
to approve liquidatioiis and accounts, ta receive sums of moncy, to
remit debts ;to transfer any certiticate or bond (titulo), to Iend srire-
ties : to appear before any judicial or administrative authority ; ta
originate and answer qirestions of interrogratories ; to submit any mntter
to the decision of arbitrators, juries or referees, to iiominate and propose
them ; to recognise signatures ;to denounce offences and to accuse crim-
irinlly; to estend jurisdiction ; to waii-c jiidgmellts, claims, appalç,
incidental judgnients, esceptions and recuçations, as well as to renounce
tliem ; to carry out traiisactions aiid agreements with relation to any
litigntion ; to apply for and to accept adjiidications ofgoods in requital ;
to confer special powers ariclto revoke them and to substitute this power

of attorney in wfiole or in part, reserviiig or not reserving the exercise
of it, and to revoke the substitutions.-I reacl what had been written
to the mandator inthe presence of the ~vitnesscsreferred to, and jnfnrmed
of its contents and legal effects, he approvecl it, ratified it and signs.
Certified by me, Federico Xottebohm.-Elisa B. widow of Alvarez.-
Ramon Alvarez. In Iny presence : Federico Salazar.-This is the original
affidavit, which, after collation and so that 1 rnay give it to the proxy,
1sign and seal in thc place and on the date of the granting on this single
sheet.-(signed) Fecl. Salazar.-There is a starnp which reads : "Federico
Salazar. Lawyer and Notary." Notice : the present written affidn~rit was
registered, under scries number 8126 ,olio zgo of book four of tlie Kegis-
ter of Mandateç (registre de mandatos) cxiçting for that purposc in the
General Archive of Protocols (Archivo General de Protocoles).-Cuate-
mala, twenty-first of Alrirch,one thousand nine hundred and thirty-nine.
-(signeci) Juan Jose h1ufioz.-There isa stamy which reads :General
Archive of Protocols (Archivo General de I'rotoco1os)-Guatemala.
And in order to add it to the respective decisions, Iissue, stamp and
sign the preseiit certified copy on two effective sheets duly coilated with
its original, in Guatemala, on the seventeenth day of the month of Jiily,
one thousand nine hiindred and forty-six:.-(signed) F. Saavedra T.-
Approved. 3iéndc.z hl. Procurator Gericral of tlie Nation (Procurador4gs ASSESES TO HEPLY OF LIECHTENSTEIK (NO.22)
General de la Naci6n.)-Head of the Public Ninistry (Jcfe delMinisterio
Publico). Tlicre arc two stamIis reading : Secretnriat of the Public

Ministry (Secretaria del 3Iinisterio Publico) Repuhlic of Guatemala, and
Public Ministry (hrinisterio Piiblico), Republic of Guatemala.-"And to
add it to the respective file, 1issiie the liresent certificd copy, duly col-
lated rrrithits originalin thirteen sheets of paper stamped to the valiie
of ten ceiilavos, bcaring the following series numbers : H-9135174,
R-9135175, 13-913j177, H-9135178, B-913 j179, B-9135160,
B-9135181, R-g13j1Sz, I?-gz$r3zg, B-9492527, B-gqgz52S,
B-9492529 and the present slicct wliich bears the riiiniber 13-9492 330,
al1of the present quinquennium, in the city of Guatcinala, on the seventh
day of the month of April, one thausand nine hundred and fifty-one.-
(signed) J. J.Garcia Jianzo.-Approved. Charnaud Afac-J1onald."-There
is the respective stamp.-Folio 38.-"oo~jSq.-Defiarlrtte?rt for Gernaai~
A8airs of the Ilfi~zistryof thô Tre~suu~ldPzt61icCredil (Depnrtameizto tic
Aszi~~toAslemairesdel Mz'nisteviode Hacieizda y CréditaPllblicoj : Guate-
mala, thirci of July, one thousniid nine hundred and fifty-one. Subject :
Proceedings esproyriating and excluding Messrs. I;eclcrico Nottebohm
Weber arid ICnrl Heinz Nottebohrn Sto1tz.-Hearing for three days of
the hliiiistry of Esternal Relations (Ministerio de Relaciones Exteriores).
Article 43 Decree 630 of the Congress of the Repub1ic.-(signed) Reyes
Cardona.-O. Toruno O.

There is the starnp of the Ilepartment for Gcrniari Affaire of the
Ministrÿ of the Treasury and Public Credit (Departamentode Asuntos
Alernanes dcl hfinisterio de Hacienda y Crédito Piiblico).-Folio 40.-
Subject : The hlinistry of the Trcasury and Public Crcdit (Iliinisteride
Haciendci y CréditoI'ublico) graritsn hearing to tlie Chancellery (Cancillc-
ria) with respect to the proceedings of exceptioii being pursuedby Messrs.
Federico Nottebohm Weber and Carlos Xotteboh~n Sto1tz.-Ministry O/
Externnl Relations (AfinisteriodeRelacionesExteriores) : Guatemala, ~iintl~
of July, one thousand nine hundred and fifty-one.-No. 8480.-Civing
preriom notice to the emergencjv office (oficina de ernergericia),give a
hearing to the Jiiridical Department (Departamento Juridico).-ICeplacc
the paper with paper stampcd according to the law.-(signed) iIlarro-
quin O.-hdrijn GilPérez.-'There is the stanili of the hlinistry of Exter-
ilal Retatioiis (Ministerio dc Kelacioiies Exteriores).

Folios G, 42 ntjd 43 :-llfemoraiidzlm of ir~formaliortfou the Under
Secretary. Szrbject: The Jlinistry of the Treasury and Public Credit
(Ministerio de Hacienda y Crédito Publico) grants a hearing to the
Chancellery (CaiicilIeria) with respect to the proceedings of exceptiori
being pursiied before tliat biinistry by Messrs. Federico Wottehohni
Weber andKarl Nottebohm Stoltz.-Mr. Under Secretary : In conformity

with the foregoing decision, I iiave the horiour tn give you the followirig
information : Federico Yottebohm Weber.
(1) Mr, Federico Nottebohm Weber was born in Wamburg, Gerniany,
on the 16th. of September, 1381 ,ntering Guaten~ala in the year igoj.
(2) Iii the "RegisterofResiderit Foreigners" ("Registro de Extranjeros
i)omiciliados") carried by this hIinistry, Nr. Nottcbohm 'Weber wns
registered as a German national on folio and in entry number 1968 of
book 20 corresponding to the Ilepartment of Giiatemala, from the
~Gth.of April, 1928, uy to thc 31st. of January, 1940, on whicli date this
Ministnr, hy virtuc of decision Nuiiiber 174, auttiorised the change of ASSESES TO REPLY OF LIECHTESSTEIX (KO. 22) 499
nationality of the said gentleman on account of his having yresented
passport Number 702 issued by the Governor of Vaduz in which
it is stnted that he opted for the nationality of the Principality of

Liechtenstein ;
(3) With respect to the preceding point, the report of the Department
of Immigration and Emigration (Departarnento de Migraciiin) of this
Ministry and that which led up to the note directed to the Swiss Consul
is here rcproduced and reads : "Department of 1mmigr:ition and Emigra-
tion (Departamento de Migracion).-Memorandum niimber 61.-Ref. :
Requcst for a certified copy of the registration of Fedcrico Notlebolimas
a national of Liechtenstein.-hlr. Under Secrctarv: The intereçted ~iarty
was originally registercd as a German national on the 16th. of April,
1928, in book zo of Guatemala, folio and number 1968.-Fifty-one days
after the second urorld war broke out with the invasion of Polai~d by
Germaiiy, Fedcrico Nottebohm obtained the nationality of Liechtenstein
and passyort number 702 signed in Vaduz by the Governor of the said
State. It has alrcady been established on different occasions that the
brothers Lù'ottcbohmworked in Guatemala ris members ofthe Nazi party
and that the firm Nottebohrn Brothers functioncd as a banking ageiicy
for the Hitler Govcrnnicnt, iiorder to support financially propaganda
and activities either secret or ostensibly on its own behalf in Central
bmerica. If Fedcrico Nottebohrn, being a German, accluired the nation-
ality of Liechtenstein and afterwaxds displayed sa definite a loyalty ta
the Rcich, it is clenr that his nationalisation was no more than an expe-
dient to allow him to act witl~ greater liberty.Moreover, it should be

considerecl that the original registration,aç also the note shoining hirn
to possess the nationality of Liechtenstein, have both espired, since the
registered person has been absent from the country for more then two
years (Article 55 of the Law of Alienship (Ley Ext.)).-Guatemala,
20th. of Vccernber, 1944.-sigiiature illegib1c.-Head of Lmmigration and
Emigration (Jefe de Migracion).-Guatemala, 20th. of December, 1944.
-Mr. Consul . . .-4sfor >Ir. Xottebohm, I rnust point out to you that,
although, to accornodate him, a note to the effect that he had adoptcd
the nationality of 1,iechtenstcin was entcred on his certificate, in view
of the passport which he produced, the power of any government to
naturalise foreigncrs resident in anotlier State is inadmissible in
International Law ; and, therefore, this governmcnt can not recognise
that Mr. Nottebohm, a German subject resident in Giraternala, can have
obtained the nationality of Lieçhtensteiri, withoiit having changed his
place of residencc."
(4)The names of Mr. Nottebohm Weber-as also that of the firin Notte-
bohm Brothers of which he fotms part, are included On the lists of
blocked nationais (nacionales bloqueados) :
(j)'The name of Mr. Nottebohm Weber does not appear iiithe lisls
of persons wIio were present at the ballots of oversects Germnns which
were held in themonth of April,1938, on board the steamships Patricia

and Cordiilera ;
(6) The following occurs in a report of tlie United States Emhassy :
Confide?ltial.Nottebohm(Webe~),Federtco.
This individual was a partner of the pwerful German cornniercial
and financial firins of Nottebohm Brothers in the city of Guateinala,
City of New York, and Hamburg, Germany. He was tlie last important
figure of this firm to leave Guatemala. Perçons worthy of confidence
33500 ANNEXES TO HEI'I-Y OF LIECHTESSTEIS (~i,22)

declare that he was an active Xazi and there esists evidence showing
that the firmNottebohm Brothers acted as a fiscal agent and as a deposi-
tary of Nazi German political funds. It is known that members of the
Nottebohm family were members of the NSDAP in Guatemala and that
other members in Hamburg, Germany, occupied high positions in the
Nazi hierarchy. Federico Xottebohm served the Nazi cause in order to
protect his own financial interests in Guatemala and in Germany. This
individual originaily possessed German nationality, which he latcr
changed for that of Liechtenstein. Nottebahm tried to obtain Guate-
malan nationality and once wrote to Kurt Nottebohm & Co., Guatemala,
from Hamburg, Germany, saying : "On nccount of the situation in
Europe, it is better for us to adopt Guatcmalan citizenship. For us iis a

rnatter of financial as well.as persona1 security, for no one can oblige
us to adopt the seiltiments of those people and in reality we are Gernians
and we aIways fight for the greatness of Gcrmany and her cause". The
fact was also stated that ITeclericoNottebohm had spoken to Dr. Reicne-
beck, German Minister in Guatemala, aiid tliat the latter was in favour
of tliis change of nationality and had even asked Kottcbohm to specd
up the business ;
(7)Mr. Nottebohm \Vcbcr was deported from the country on the
nqrd. of October, 1943, ancl interned in the United States.-Kart Hci?zz.
Noitebohm Stoltz.
(1)Mr. Karl Heinz Nottebohm Stoltz was born in tkiis capital city
on the 13th. of June, 1910, being the legitimate son of Mr. Fernande
Teodor Arthur Nottebohm of German nationality and of Mrs. Elisie
Juliane Helen Stoltz ;his birth therefore occurred during the period when
the Treaty of 17riendship, Commerce and Navigation (Tratado de
Amistad, Corncrcio y Navegiciiin) conciuded between Guatemalan and
tlie ex-German Empire and known under the name of "3Iontufar-Von
Bergen", was in force ;
(2)In the "Kegister of Resident Foreigners" (Registro de Extranjeros.
Domiciliados) carried in this Ministry, Mr. Xottebohm Stoltz was register-
ed as a Gennan national on folio and in cntry number 6103 of book 67
corresponding to the Department of Guatemala frorn the 17th.ofDecern-
ber, 1934, up to the 24th. of November, 1939, on which date the said
registration was cancelled since a government agreement had been
issued recognising his status as
a Guatemalan by birth in conformity
with Governmental Decree number 2153 ;
(3) The Governmental agreement to which reference is made in the
foregoing point was automatically aniiulled by virtue of the publication
of Decree 281 of the Congress of the Pepublic ;
(4)The name ofMr. Nottebohm Stoltz is inclüded in the promulgated
lists (listas proclamadas)of blocked nationals (nacionales bloqueados) ;
(5) In the list of visas for German passports held by this office, the
following are registered in favour of Mr. Nottebohm 5toltz.-~3rd. of
October, 1933 ,ith apassyort issued on German authority in Hamburg ;
2nd. of January, 1934,with a passport issued bÿ the Police of Hamburg,
Germany ;~3rd. of April,1937, mith a German passport issued by the
German Legation in Guatemala and 12th. of September, 1939, with a
German passport issued by the Legation referred to ; on this last occasion
he appears to have left for the United States, pointing out, however,
in the visa that his nationality isGerman ; on later dates he has nls~
made trips to the United States, with special exit permits; ASXESES TO REFLY OF LIECHTESSTEIN (NO.22)
go=
.(6) The name of Mr. Nottebohm Stoltz appears among those who,
in the month of April, 1938, were persent at the ballots of overseas
Germans which took place in April, 1938, on board the steamships
"Patricia" and "Cordillera".
(7)He was deported jrom the country on the 16th. of January, 1943,
and interned in the United States ;
(8)In a report of the United States Embassjr, the following was
stated : "Nottebohm, Karl Heinz.-This man, the only son of the Iate
Arthur Nottebohm, was born in Gliatemala and regains possessioi~of
Guatemalan citizenship ;
(r)He was one of the active partners of Xottebohm Brothers, wlio
acted as bankers of the German Legation in Guatemala up to December,

,19(2)Although strictly he shoiild always have been a Cuatemalnii,

he voted as a German in the German plebiscite of 1938.
(3) In 1941, Karl Heinz Nottebohm and his sisters, as the heirs- of
Mr. Arturo Nottebohm, resented documentar evidence in their defence
against the decision OP the Government Or Guatemala against the
Nottebohms, in order to show that, although certain propertiesin Giintc-
mala were registered in the namcs of the Nottebohms, the real owners
'were a certain number of German firms in Germany, mostly the same
hs. Specifically, these German firmç ivere the Comerz-und-Privat-
'Bank A.G. of Berlin and Hamburg ; L. Uhrens & Sons ; Benedict
Schoenfeldt & Company ; Hardy & Heinriclison ;and Schroeder Brothers
r4Company; al1 ofHamburg, Gcrrnany. Guatemala, 19th. ofSeptemher,
1951. Attentively (signed) J.Hurnberto Rodas. Secretary of the Juridical
Department (Departamento Juridico) and in charge of Emergency
Affairs (Encargado de Asuntos de Emergencia)." There isa stamp which
rcads : hlinistry of Extcrnal Relations (Ministerio de Relaciones Exterio-
res). Guatemala, Contra1 Americn. Emergency Office (Oficina de Emer-
gencia).-FolioNo. 45.-"No. or508 .... Guatemala. 30th. ofNoveml>er,
1951.-Mr. Minister : 1 have the honour to address myself to you, in
order to inform yoii that: on the 8th. of November of the present yenr,
I despatched an officia1 letter bearing the No. 01387 to the Office
(Despacho) under your esteemed direction, with the object that you
, might l~cpleased to givc your estcemed ordcrs to the effect that file No.
log conccrning Messrs. Federico Nottebohrn Weber and Karl Hcinz
Xottebohm Stoltz,which was passed ta your Xinistry for the purpoçcs
'ofa hearirigby decision No. 00784 dated the 3rd. ofJuly of the liresent
vear, be returned. As up to the ires sendate, the said filc has not been
teccived in the office under rny direction, 1 respectfully repeatto,you
the tenor of my prcvioiisofficial lettcr, the effectthat thefilcconccrr-i-
ing Messrs. Nottebohm be returned to this Department, in order that
the definitive judgment may bs issued, as also .in order that a cornplete
certified copy of the file, requested by Karl Heinz Nottebohm Stoltz,
be issited. Thanking you in anticipation for the attention due to the
yresent letter, I am plcascd to sig~imyself, withal1respect and esteem,
your most attentive servant. (signed) J. A. Reyes Cardona."
Julio Antonio Reyes Cardona, Head Assessor of the Deyartment
(Jefe Asesor en el Depto,). Mr. Minister of External Relations (Bfinistro
de Relaciones Exteriores), National Palace. 'l'here is the starnp of the
Departinent for German Affairs (Deparlamento de Asuntos Alen~ancs).
. . .Folio No. 47.-Mr. Minister of External Relations (hlinistro de ASXESES TO REP1.Y OF LIECHTENSTEIX (NO.22)
502
Relaciones Exteriores) : Subject : Esprapriation file yursued against
Federico Nottebohm. 1, Carlos Nottebohm, whose particülatç are known
in your Ministry as the proky of Federico Nottebohm : attentively
request :that there bc issued to me in duplicate a certified copy of the
expropriation file held in your Office (Despacho) heing ~iirrsiicdagainst
my mandator. Guatemala, 24th. of November, 1951.
.4t the request of the presenter who at the moment does not sign :

F. J. Skinner Klée.-Ministry of External Relations (Rlinisterio de
Relaciones Estcriores) : Guatemala, sisth of I>ecember, onc thousand
nine hundred and fifty-one.-20056. Let it he added to the papers whicti
prcccdcd it.-Marroquiii 0. Adrian Gil Pércn.-There is the stainp of
the Ministry of Extemal Relations {Ministerio de Kelacioncs Esteriores).
-Folios Nos. 48, 49,50 and51.-"Juridical Department (Departamento
Juridico). Afinistry of Exteriial Relations (Rfinisterio de Kelaciones
Exteriores). Guatemala. Central iimerica.-Xo. 347.- J1cdgment.-
Giiatemala, 13th. of December, 1951.-Subject : The Ministry of the
Treasury and Public Credit (Ministerio de Hacienda y Crédito Piiblico)
grants a hearing to the Chancellerp (Cancilleria) in respect of the exception
proceedings instituted by hlr. Karl Heinz Nottebohm Stoltz on his own
account and as the prosy of Mr. Federico Sottehohm Weber. . . . . . .
Mr. blinister (hiinistro);In the filewhich is analyscd appear the following
facts :
(a) that on tlie 20th. of August, 1945, the Public Blinistry (Ministerio
Publico), in conformity wiih article 5of Decree 1r4 of the Congress of the
Republic (a law in force at that tiine), indicated the term ofthree days,

which might not be extended, in which the firm "Xottebohm Brothers"
was to issue a deed transferring ownership iii faïour of the Nation in
respect of the estates "hloraz&n" and "Guatalbn" registered iinder num-
bers 1204 and 3928, on folios 108and 140 of books g and 24 of the Depart-
ment of Siichjtepéquez, respectjvely, with the warning that it would be
issued officiaiiy in the case of the non-compliance of the çuminoned hm,
the corresponding publications liairing been made in the Officia1Journal
(Diario Oficial) ;
(b) On the 28th.ofSepteniber of the same year, the perçons ~iientioned
having refused, the body referred to ordered the issuing oficinlly of the
deed of ownership, an act which was carried out on tlie ~2nd. of October
of the year referred to ;
(c) The said public instrumeiit was not registered in tlie Kegister of
Imrno\able Property (Registre de la Propiedad Inmueble) o~ving to
an error, consisting of the referririg inthe mentioned deed to the firm
"Nottebohm 13rothers" instead of to Messrs. Federico Nottebahm Weber
ancl Karl Heinz Nottebohm Stoitz ;
(d) On the 24th. of May, 1950, the Public RIinistry (Miiiisterio Piiblico)

retluests that the term of three days, which may not be estended, be
indicated again in which thc gentlemen last inentioned sliall yresent
thernselves to issue a deed transferring the ownership of the immovablcç
alrendy referred to, and the object of the expropriation, witli the warniiig
Chatit wiH be done oficially incase of the refusa1 of the otlter party,
ordering the corresponding publications to be inade ;
(el On the 24th. ofJune of last year, the A,linistryofthe 'l'reasury and
Public Credit (hlinisterio de Hacienda y Crédito Riblico) issued the
decision referred to in the foregoing point, which was duly publislied
i~ithe Officia1Journal (Diario Oficial) ; (f) On the zznd. of Augyt of the same year, Mr. Karl Xottebohm
Stoltz ~nterposes an appeal of exception in his own name and as the
reprcsentative of Mr. Fcderico Nottebohm Weber, before the Ministry
of tlie Treasury (Ministerio de Hacienda), which was accepted by the
saicl Miniçtry in decision No. 00671 dated the 24th. of the same montii
and year ;
(g) In agreement with the evidence rendered by 31r. Nottebohm
\\leber and the affirmations entered in the fileby Mr. Karl Nottebohm
Stoltz, the nationality of the firstof the persons named is Guatemalan,
by virtue of the governmental agreement dated the 24th. of November,
1939, and that of tlic second, tliat of the principality of Liechtenstein,.
by virtue of his entry as a registercd foreigner, number1968.The juridical
departnient (departamento juridico) arrix+esat the following conclusions
from its studp of the file :
(1) that the petition interposed by Xi. Karl Notteboh~n Stoltz, as
the representative of Mr. FedeRco Nottebohm Weber, has no effect, since
itis presented by a person lacking leg.d porvers ta nct in the preserit case,
seeing tliat the justificatory document of the same is a certified copy of
the certified copy lying in another file.
(2) That, since there euists no rule by which to determine in what
way the declarations of the witnesses in the administrative case ought
to be taken, itought to abide by the considerntionç and regulations of
the Code of the Institution and Prosecution of Civil and Mercantile
Proceedings (Chdigo cIe Enjuiciamiento Civil y Mercantil), in so far as
thep he applicable :that the said declarationsin the nature of testimony
ought to have been rcceived before the authority chargecl with the
sribstantiating of the present tile; that in so far as concerns the other
eviclence adduced, since it is within the terms fixed by article zgz of
Legislative Decree zoog, it does tiot stand as plenary evidence (no
hacer plena prueba).
{3)That, in spitc of tlie certificatc presentedby the intercstedparty
of his e~itryas a rcsident foreigner, bearing the nuinber 1968 and being
registered on folio 1968 of book 20, dated the 16th. of April, ~928 a,nd
modificd on the 7th. of February, 1940, not standing as plenary evidence
(no hacer ylena priieba), the Juridical Department (Departamento Juri-
dico) is of the opinion : that, Mr. Nottebohm Weber, having exhibited
up to the 13th. of October, 1939, his assets are expropriable, for he is
jncliided ivjthin the termç of clauscs (a),(b), (c), (e) and sections (I),
(2).!3), (4) of clause (e) and clause (g) of articl7 of Decree 630 of the
National Congress. . .
(4)That, althougli the appeal. interpoçcd by Mr. Karl Nottebohrn
Stoltz is according to the law, he dicl not produce any kind of evidence,
and if it be not true, as kie affirms, that he was granted Giiatemalan
nationality by a governmental agreement of the 24th. of November,

1939, the said agreement is aiinulled by virtue of Decree 281 of the
Bational Congress of the Kepub1ic.-Therefore the presenter continites
to be a German and his assets to be subject to expropriation.-
Attentively, (signed) j. Ciceres S.-Licenciate (Lic.) JorgeCaceres S.-
Head of the Department (Jefe del Departamentoj.-Mr. Minister of
Extcrnal Relations (Ministro de Relaciones Exteriores).-His office"-
There is the stamp of the Juridical Department (Departamento Juridico)
of the hfinistry of Esternal Relations (Ministerio de Relaciones Exterio-.
res). ilili?zistryoExternal Relatio~zs(Minisferio de Relnciones Exterio- AXNEXISS TO REPI-Y OF LIECHTEBSTEIK (SU.22)
5O4
res) :Guatcniala, eighteenth of I)ecember,\one thousand ninc hundred
and fifty-one.
Szcbjec:-The 31inistrÿ of the Treasury and PublicCredit (hlinisterio de
Hacienda y Crédit0 Piiblico) grants a hearing to the Chancellery (Cancil-
leria) in respect of the petition of exclusion punued by Mr. Karl Heinz
Nottebohm Stoltz, on his own behalf and as the proxy of Rlr.Federico
Nottebohm Weber.-20264.-With jiidgment No. 347 of the juridical
Department (Departamento Juridico) whicli this Office (Despacho)
apyroves, it attentively turns to the Ministry of the Treasury and Public
Credit (Ministerio de HacieridayCréditoPiiblico) for appropriate action.
-Let the paper be replaced by paper starnped according to the 1aw.-
'(signatures) Marroquin O. Adrian Gil Pérez.-There is the stamp of
the Ministry of External Relations (Ministerio de Relaciones Exteriores)
and another starnp indicating itsreceipt which reads : "Departrnent for
Gerrnan Affairs (Departamento de Asuntos Alemanes). Ministry of the
Treasq and Vtiblic Credit (Ministerio de Hacienda y Crédito Piiblico).
-Delivered by : Conde Hda.-Received on the :20th. December, 1951.
At. 17/30 hou=.-Registered under No. .. . .. . . .
And at the petition of tlie interested party, the present certified copy
is issued on thirty-five effectivesheets of paper stamped to the value of
ten centavos de quetzal, of tlie present quinquennium, bearing the serial
nurnbers C-eight hundred and twenty-two thousand seven hiindred and
thirty-one (822731t) o Xo. C-eight hundred and twenty-two thousand
seven hundred and sixty-one, inclusive, and from number C-eight
hundred and twenty-two thousand seven hundred and sixty-three (C-
822763) to eight hrindredand twenty-two thousand seven hiindred and
sixty-six, i.e., the present shcctduly collated with its original, in the
city of Guatemala on the second day of the month of May, one thouçand
nine hundred and fifty-two.

(Signed) O. To~uRo O.

o. TORU~~ oO.
Secretary.

APPROVED :
(Signed) J. A. REYESCARDONA.

IN THE LEFT-HAND MAKGTK :

COLLATED :
(Signed) A. MuWr z.
Below this another signature which is illegible.