Artikel 4

1. If property to be restituted has, after identification in Germany, either been utilized or consumed in Germany before return to the claimant or been destroyed, stolen or otherwise disposed of before receipt by the claimant Government or by an appropriate agency of one of the Three Powers for despatch to the claimant, the Federal Republic shall compensate claimants who would otherwise be entitled to restitution under Article 1 or 3 of this Chapter, or who, at the entry into force of the present Convention, have had their claims for restitution approved by one of the Three Powers.
2. The German agency referred to in Article 1 of this Chapter shall, upon application by the claimant otherwise entitled to restitution, render a decision on the compensation claim in respect of property the restitution of which could have been requested under Articles 1 and 2. The court stipulated in Article 3 shall, upon suit brought by the claimant otherwise entitled to restitution, render a decision on the compensation claim in respect of property the restitution of which could have been requested under Article 3, provided that the plaintiff is a national or a resident of a State which has acceded to the Charter of the Arbitral Commission on Property, Rights and Interests in Germany. The filing of the application and the bringing of the suit must take place not later than one year after the entry into force of the present Convention or one year after notification to the claimant that the property is not available for restitution, whichever is later.
3. Notwithstanding the provisions of paragraph 2 of this Article, claims falling within the scope of paragraph 1 filed with an agency of any of the Three Powers before the entry into force of the present Convention may either be referred by that Power to the German agency referred to in Article 1 of this Chapter or be filed with that agency by the claimant Government. All claims under this paragraph shall be referred to or filed with the agency not later than six months after the entry into force of the present Convention and shall be decided by it.
4. The German agency referred to in Article 1 of this Chapter shall recognize claims for restitution which have been approved by any of the Three Powers prior to the entry into force of the present Convention. The agency shall also accept as conclusive a certificate by any one of the Three Powers that the property which was the subject of the claim had not been received by an appropriate agency of that Power for despatch to the claimant.
5. Compensation pursuant to this Article shall be awarded in the amount of the replacement value of the property concerned as of the date of the award.