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| that a change in the conditions might open the possibility for the
French group to “annul the Convention.” These apprehensions I had
already expressed myself. Maître Loncle refers also to the clausula
rebus sic stantibus. The preamble as it now stands might in any case prove
of great disadvantage to us. In its place, he would suggest the following
wording for the preamble: “After various negotiations which have lasted
several months and with the full accord of the German and French Governments,
the following agreement being established on the 3 following points” :
Then come the 3 known points which are at the bottom of page 3 and at the top
of page 4 of the draft |
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| * * * * * * * * * * |
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| [Signed] DR. KUEPPER |
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PARTIAL TRANSLATION OF
DOCUMENT NI-15218
PROSECUTION EXHIBIT
2150 |
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EXTRACT FROM A MEMORANDUM OF DR. KUEPPER TO DEFENDANTS ,VON
SCHNITZLER, TER MEER, KUGLER, AND
OTHERS, 1 JULY
1941, CONCERNING THE PREAMBLE OF
THE PROPOSED
FRANCOLOR AGREEMENT |
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[Handwritten Note] |
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Compared with new version of 15 July 1941
Frankfurt/M., 1
July 1941 |
|
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| To: |
Dr. von Schnitzler
Dr. ter Meer
Kommerzienrat Waibel
Dr.
Kugler Eckert
Dr. Loehr
Dr. Kramer |
|
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Subject: France — Agreement
Dr. Kramer reported that
Maître Loncle still has considerable misgivings about the
“exposé” (preamble) remaining in the [Francolor] Convention.
The following is to be noted in this respect:
It is no doubt desirable
that the "exposé" in its present form should be eliminated from the
Convention, if only for the reason that, whenever the Convention is being
referred to, the attention is drawn again and again to its history, which is
unpleasant for the French. Dr. Kramer therefore suggested that the elimination
of the “exposé” should be effected, not through private
economic negotiations but via the staff of Michel, on the grounds that it is
considered undesirable by the German Government.
Should this not
succeed, the following must be said from the purely legal point of view:
|
213755—53—10
137 |
. 
